Cross references.

- Institution and prosecution of criminal proceedings involving property of Department of Transportation, § 32-1-4 et seq.

Transportation of trash, refuse, and garbage across state boundaries for dumping without permission, § 36-1-16.

Competition for public work bids, T. 36, C. 84.

Law reviews.

- For article, "State-Created Property and Due Process of Law: Filling the Void Left by Engquist v. Oregon Department of Agriculture," see 44 Ga. L. Rev. 161 (2009).

CHAPTER 1 GENERAL PROVISIONS

Code Commission notes.

- Pursuant to Code Section28-9-5, in 2014, the enactment of Article 2 of Chapter 1 of Title 50 by Ga. L. 2014, p. 237, § 1/HB 930, was treated as impliedly repealed and superseded by Ga. L. 2014, p. 815, § 1/SB 206, codified at § 28-6-8, due to irreconcilable conflict.

50-1-1. Agency mailing lists; updating; restriction on mailing materials to officials no longer in office.

  1. For the purpose of this Code section, the term "state agency" means a department, agency, board, commission, or authority of state government.
  2. Each state agency is required to update annually all mailing lists of the agency.
  3. No state agency shall mail publications or materials to a previously elected state officer who is no longer in office except upon written request.

(Ga. L. 1980, p. 526, § 1.)

50-1-2. Privileges and exemptions accorded the Taipei Economic and Cultural Representatives Office.

The Taipei Economic and Cultural Representatives Office in the United States, while it maintains an office in the State of Georgia, shall be accorded the same privileges and exemptions concerning taxation, the operation of motor vehicles, education, immunity, and any other privileges and exemptions as provided by the Taiwan Relations Act, 22 U.S.C. Section 3301, et seq.

(Ga. L. 1980, p. 46; Ga. L. 2002, p. 415, § 50; Ga. L. 2005, p. 334, § 30-1/HB 501.)

50-1-3. Poet laureate.

  1. There is created the position of poet laureate of the State of Georgia.
  2. The poet laureate shall be appointed by the Governor from a list of three nominees submitted to him by the Georgia Council for the Arts.
  3. The council shall submit the list of three nominees to the Governor within 30 days after the Governor takes the oath of office for a full term. The Governor shall appoint the poet laureate within 30 days after receiving the list of nominees. The poet laureate shall be appointed to serve for a term of office concurrent with the term of office of the Governor or until a successor is appointed and qualified as provided in this Code section.
  4. In the event of a vacancy in the office of poet laureate, the vacancy shall be filled in the same manner as the original appointment, and the person so appointed shall serve until a successor is appointed and qualified as provided in this Code section.
  5. Any person serving on April 13, 1981, in the position of poet laureate as created by executive order shall continue in the position and no appointment shall be effective under this Code section until such time as the person serving as poet laureate on April 13, 1981, either vacates the office or a vacancy occurs in the office in any other manner.
  6. The poet laureate shall be an honorary position and the person appointed shall receive no remuneration.

(Ga. L. 1981, p. 1394, § 1; Ga. L. 1986, p. 174, § 1.)

50-1-4. Employment position to remain open upon granting of involuntary separation benefits by state agency.

  1. As used in this Code section, the term "state agency" means any department, agency, board, commission, or authority of the state or any political subdivision thereof, any employees of which are members of the Employees' Retirement System of Georgia.
  2. Any time a state employee entitled to receive involuntary separation retirement benefits pursuant to Code Section 47-2-123 is involuntarily separated from employment and such employee is granted such involuntary separation benefits, the employment position such employee held within a state agency at the time of such involuntary separation from service shall remain open and unfilled permanently.In addition, an amount equal to the sum of such employee's salary at the time of such involuntary separation from service and the cost of such employee's retirement with involuntary separation benefits shall be deleted permanently from the employing state agency's annual appropriations budget.
  3. The provisions of this Code section shall not apply to an employee who is involuntarily separated from service because of a mandatory retirement age or as a direct result of an Act of the General Assembly which abolishes such employee's position.

(Code 1981, §50-1-4, enacted by Ga. L. 1993, p. 1817, § 1.)

50-1-5. Meetings by teleconference or other similar means.

  1. Unless specifically prohibited by the laws relating to a particular board, body, or committee, any board, body, or committee of state government may meet by teleconference or other similar means. The methods of meeting permitted under this Code section shall include telephone conference calls, meetings held through two-way interactive closed circuit television or satellite television signal, or any other similar method which allows each member of the board or body participating in the meeting to hear and speak to each other member participating in the meeting.
  2. Nothing in this Code section shall eliminate any otherwise applicable requirement for giving notice of any meeting. Likewise, nothing in this Code section shall create a requirement for giving notice of any meeting where it does not otherwise exist. The notice shall list each location where any member of the board, body, or committee plans to participate in the meeting if the meeting is otherwise open to the public; provided, however, it shall not be grounds to contest any actions of the board, body, or committee as provided in Code Section 50-14-1 if a member participates from a location other than the location listed in the notice. At a minimum, the notice shall list one specific location where the public can participate in the meeting if the meeting is otherwise open to the public. The notice shall further conform with the notice provisions of Code Section 50-14-1. Any meeting which is otherwise required by law to be open to the public shall be open to the public at each location listed in the notice or where any member of the board, body, or committee participates in the meeting.
  3. The provisions of this Code section shall be broadly construed to cover any board, body, or committee of state government which is required or authorized to hold any meeting concerning state government affairs, regardless of the name by which any such entity may be known. The provisions of this Code section are specifically made applicable to the legislative and judicial branches of state government as well as the executive branch. With respect to the judicial branch, however, this Code section shall not apply to actual court sessions but shall apply to other administrative or judicial proceedings in the judicial branch. With respect to the legislative branch, this Code section shall not apply to actual sessions of the Senate or the House of Representatives but shall apply to committee meetings and other administrative proceedings.

(Code 1981, §50-1-5, enacted by Ga. L. 1996, p. 1300, § 1; Ga. L. 2012, p. 218, § 15/HB 397.)

The 2012 amendment, effective April 17, 2012, substituted "notice provisions of" for "provisions of 'due notice' as provided in" in the next-to-last sentence of subsection (b).

Law reviews.

- For article on the 2012 amendment of this Code section, see 29 Ga. St. U.L. Rev. 139 (2012).

50-1-6. Credit card payments on amounts due state and local governments.

  1. Notwithstanding any other provision of general or local law to the contrary, any officer or unit of state or local government who or which is required or authorized to receive or collect any payments to state or local government is authorized but not required to accept credit card payment of such amounts.
  2. This Code section shall be broadly construed to authorize but not require acceptance of credit card payments by:
    1. All departments, agencies, boards, bureaus, commissions, authorities, and other units of state government, by whatever name called;
    2. All officers, officials, employees, and agents of the state and such units of state government, by whatever name called;
    3. All political subdivisions of the state, including counties, municipalities, school districts, and local authorities;
    4. All departments, agencies, boards, bureaus, commissions, authorities, and other units of such political subdivisions, by whatever name called; and
    5. All officers, officials, employees, and agents of such units of political subdivisions.
  3. This Code section shall be broadly construed to authorize but not require acceptance of credit card payments of all types of amounts payable, including but not limited to taxes, license and registration fees, fines, and penalties. For purposes of this Code section, the term "credit card" shall be deemed to include credit cards, charge cards, and debit cards.
  4. The decision as to whether to accept credit card payments for any particular type of payment shall be made by the officer or board or other body having general discretionary authority over the manner of acceptance of such type of payments. If credit card payments are to be accepted, such officer or board or other body shall be authorized to adopt reasonable policies, rules, or regulations not in conflict with this Code section governing the manner of acceptance of credit card payments. However, no credit card payments shall be accepted for local ad valorem taxes without the formal agreement of the governing authority of the political subdivision for whose benefit such taxes are collected, and no credit card payments shall be accepted for any state taxes or fees without formal approval by the State Depository Board. The officer or board or other body having the general discretionary authority over the manner of acceptance of such payments shall be authorized to enter into appropriate agreements with credit card issuers or other appropriate parties as needed to facilitate the acceptance of credit card payments. Without limiting the generality of the foregoing, such agreements may provide for the acceptance of credit card payments at a discount from their face amount or the payment or withholding of administrative fees from the face amount of such payments. Such discount or administrative fees may be authorized when the officer or board or other body determines that any reduction of revenue resulting from such discount or fees will be in the best interest of state or local government. Factors which may be considered in making such a determination may include but are not necessarily limited to improved governmental cash flow, reduction of governmental overhead, improved governmental financial security, or a combination of one or more of the foregoing together with the benefit of increased public convenience. Any such agreement shall provide that it may be canceled at any time by the affected officer or unit of state or local government, but the agreement may include provisions for a reasonable brief period of notice for cancellation.
  5. An officer or board or other body authorizing acceptance of credit card payments shall be authorized but not required to impose a surcharge upon the person making a payment by credit card so as to wholly or partially offset the amount of any discount or administrative fees charged to state or local government. The surcharge will be applied only when allowed by the operating rules and regulations of the credit card involved. When a party elects to make a payment to state or local government by credit card and such a surcharge is imposed, the payment of such surcharge shall be deemed voluntary by such party and shall be in no case refundable.
  6. No person making any payment by credit card to state or local government shall be relieved from liability for the underlying obligation except to the extent that state or local government realizes final payment of the underlying obligation in cash or the equivalent. If final payment is not made by the credit card issuer or other guarantor of payment in the credit card transaction, then the underlying obligation shall survive and state or local government shall retain all remedies for enforcement which would have applied if the credit card transaction had not occurred. No contract may modify the provisions of this subsection. This subsection, however, shall not make the underlying obligor liable for any discount or administrative fees paid to a credit card issuer or other party by state or local government.
  7. A state or local government officer or employee who accepts a credit card payment in accordance with this Code section and any applicable policies, rules, or regulations of state or local government shall not thereby incur any personal liability for the final collection of such payments.

(Code 1981, §50-1-6, enacted by Ga. L. 1996, p. 1509, § 1.)

Code Commission notes.

- Ga. L. 1996, p. 1300, § 1 and Ga. L. 1996, p. 1509, § 1 both enacted a Code Section 50-1-5. Pursuant to Code Section 28-9-5, in 1996, the Code Section 50-1-5 enacted by Ga. L. 1996, p. 1509, § 1 was redesignated as Code Section 50-1-6.

50-1-7. General Assembly findings; state authorized to administer programs.

  1. The General Assembly finds and determines that:
    1. Federal law now provides at 42 U.S.C.A. Section 604a, and may hereafter provide under other federal laws, that subject to certain limitations states may:
      1. Administer and provide services under certain federal programs through contracts with charitable, religious, or private organizations; and
      2. Provide beneficiaries of assistance under certain federal programs with certificates, vouchers, or other forms of disbursement which are redeemable with such organizations

        but that such authority shall not preempt any provision of a state constitution or state statute that prohibits or restricts the expenditure of state funds in or by religious organizations;

    2. Article I, Section II, Paragraph VII of the Georgia Constitution provides that no money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution;
    3. Article III, Section VI, Paragraph II(a)(3) of the Georgia Constitution provides that the General Assembly may provide by law for participation by the state and political subdivisions and instrumentalities of the state in federal programs and the compliance with laws relating thereto;
    4. Article III, Section IX, Paragraph II(c) of the Georgia Constitution provides that the General Assembly shall by general law provide for the regulation and management of the finance and fiscal administration of the state; and
    5. The provisions of this Code section are authorized under a reasonable construction of such provisions of federal law and the Georgia Constitution.
  2. To the extent authorized and contemplated by federal law, the State of Georgia and its departments, agencies, instrumentalities, and political subdivisions may, in the course of participation in federal programs, administer programs and provide assistance in the manner contemplated by 42 U.S.C.A. Section 604a, and any other similar federal law, subject to the following conditions:
    1. State and local government funds may be expended for administrative purposes incidental to the administration of such programs but neither state funds nor local government funds shall be distributed to any church, sect, cult, religious denomination, or sectarian institution, except as otherwise authorized by law or the Constitution of the State of Georgia;
    2. If an individual objects to the religious character of an organization from which the individual receives, or would receive, program assistance or services, an alternative acceptable provider shall be made available to such individual;
    3. A religious organization providing program assistance or services shall not discriminate against an individual in rendering program assistance or services on the basis of religion, religious belief, or participation in or refusal to participate in a religious practice or rite;
    4. No funds provided to a religious organization to provide program assistance or services shall be expended for sectarian worship, instruction, proselytization, or promotion of any particular system of faith or worship; and
    5. Organizations receiving funds to provide program assistance or services shall either be organized under Section 501(c)(3) of the United States Internal Revenue Code or shall agree to be subject to audit of the use of state and local funds pursuant to appropriate rules and regulations promulgated by the Department of Audits and Accounts for the administration of the terms of this Code section.

(Code 1981, §50-1-7, enacted by Ga. L. 2002, p. 1147, § 1.)

Law reviews.

- For note on the 2002 enactment of this Code section, see 19 Ga. St. U.L. Rev. 335 (2002).

50-1-8. Election to contractually provide to unmarried persons benefits, rights, or privileges provided to married persons.

  1. It is the policy of this state that any organization or person in this state may elect to, or elect not to, contractually provide to unmarried persons one or more benefits, rights, or privileges in the same manner that such organization or person contractually provides benefits, rights, or privileges to married persons.
  2. State and local government shall not impose any penalty on or withhold any benefits, rights, or privileges from any organization or person on the basis of such organization's or person's election to or election not to contractually or otherwise provide to unmarried persons one or more benefits, rights, or privileges in the same manner that such organization or person contractually or otherwise provides benefits, rights, or privileges to married persons.
  3. Subsection (b) of this Code section shall apply to the state and any political subdivision of the state and to any department, agency, authority, commission, or other entity of the state or any political subdivision of the state.
  4. As used in this Code section, the term "organization" includes but is not limited to any corporation, association, nonprofit organization, limited liability company, partnership, group, authority, or other entity, including any political subdivision of this state.

(Code 1981, §50-1-8, enacted by Ga. L. 2005, p. 452, § 1/HB 67.)

Law reviews.

- For article on 2005 enactment of this Code section, see 22 Ga. St. U.L. Rev. 205 (2005).

50-1-9. Natural disaster defined; replacement of licenses, state identification cards, and other documents.

  1. As used in this Code section, the term "natural disaster" shall mean a flood, tornado, hurricane, earthquake, or other occurrence for which the President of the United States has made a federal disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. Sections 5121-5206.
  2. Each state agency that issues permits, licenses, certificates, or identification cards to citizens of this state including, but not limited to, drivers' licenses, state identification cards, professional licenses, professional certifications, professional registrations, professional permits, and birth certificates, shall issue replacement permits, licenses, certificates, or identification cards without charge to citizens who apply for such replacement permits, licenses, certificates, or identification cards and who demonstrate that their original permits, licenses, certificates, or identification cards were lost or destroyed as the direct result of a natural disaster if such application is made within 60 days following a federal disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. Sections 5121-5206, and if such citizen is a resident of the area included within such federal disaster declaration.

(Code 1981, §50-1-9, enacted by Ga. L. 2010, p. 336, § 1/HB 1019.)

CHAPTER 2 BOUNDARIES AND JURISDICTION OF THE STATE

Article 1 State Boundaries.
Article 2 Jurisdiction.
Cross references.

- Boundaries of Georgia counties bordering on stream which constitutes state boundary, § 36-1-2.

ARTICLE 1 STATE BOUNDARIES

Cross references.

- Conducting of surveys for determination of land boundaries generally, T. 44, C. 4.

50-2-1. Boundaries of the state generally.

The boundaries of Georgia, as deduced from the Constitution of Georgia, the Convention of Beaufort, the Articles of Cession and Agreement with the United States of America entered into on April 24, 1802, the Resolution of the General Assembly dated December 8, 1826, and the adjudications and compromises affecting Alabama, Florida, and South Carolina are as follows:

From the sea, at the point where the northern edge of the navigable channel of the River Savannah intersects a point three geographical miles east of the ordinary low water mark, generally along the northern edge of the navigable channel up the River Savannah, along the northern edge of the sediment basin to the Tidegate, thence along the stream thereof to the fork or confluence made by the Rivers Keowee and Tugalo, and thence along said River Tugalo until the fork or confluence made by said Tugalo and the River Chattooga, and up and along the same to the point where it touches the northern boundary line of South Carolina, and the southern boundary line of North Carolina, which is at a point on the thirty-fifth parallel of north latitude, reserving all the islands in said Rivers Savannah, Tugalo, and Chattooga, except for the Barnwell Islands and Oyster Bed Island in the Savannah, to Georgia; thence on said line west, to a point where it merges into and becomes the northern boundary line of Alabama - it being the point fixed by the survey of the State of Georgia, and known as Nickajack; thence in a direct line to the great bend of the Chattahoochee River, called Miller's Bend - it being the line run and marked by said survey; and thence along and down the western bank of said Chattahoochee River, along the line or limit of high-water mark, to its junction with the Flint River; thence along a certain line of survey made by Gustavus J. Orr, a surveyor on the part of Georgia, and W. Whitner, a surveyor on the part of Florida, beginning at a fore-and-aft tree about four chains below the junction; thence along this line east, to a point designated 37 links north of Ellicott's Mound on the St. Marys River; thence along the middle of said river to the Atlantic Ocean, and extending therein three geographical miles from ordinary low water along those portions of the coast and coastal islands in direct contact with the open sea or three geographical miles from the line marking the seaward limit of inland waters; thence running in a northerly direction and following the direction of the Atlantic Coast to the point where the northern edge of the navigable channel of the River Savannah intersects a point three geographical miles east of the ordinary low water mark, the place of beginning; including all the lands, waters, islands, and jurisdictional rights within said limits; and also all the islands within three geographical miles of the seacoast.

(Laws 1788, Cobb's 1851 Digest, p. 150; Code 1863, § 17; Code 1868, § 15; Code 1873, § 15; Code 1882, § 15; Civil Code 1895, § 16; Civil Code 1910, § 16; Ga. L. 1916, p. 29, § 1; Code 1933, § 15-101; Ga. L. 1969, p. 678, § 1; Ga. L. 1994, p. 824, § 1.)

JUDICIAL DECISIONS

Grants made previous to settlement of boundary dispute between two states are void if those grants conflict with such settlement. Coffee v. Groover, 123 U.S. 1, 8 S. Ct. 1, 31 L. Ed. 51 (1887).

General rule where river is boundary.

- General rule is that where a river is the boundary between two states, if the original property is in neither, and there is no convention respecting it, each state holds to the middle of the stream. Georgia Ry. & Power v. Wright, 146 Ga. 29, 90 S.E. 465 (1916).

Jurisdiction of state extends over river.

- That part of the Savannah River which is broken by islands, located between an island and the Georgia mainland, is within the jurisdiction and sovereignty of this state by virtue of this section, and a dam constructed across the river from an island to the Georgia shore is subject to taxation in this state. Georgia Ry. & Power v. Wright, 146 Ga. 29, 90 S.E. 465 (1916).

Coastal boundaries.

- Salt waters of this state extend from the mean low watermark of the foreshore three geographical miles offshore; except where a low tide elevation is situated within three nautical miles seaward of the low water line along the coast, the state's three mile boundary is measured from such low tide elevation. Department of Natural Resources v. Joyner, 241 Ga. 390, 245 S.E.2d 644 (1978).

Requirements for baselines.

- Baselines shall not be drawn to and from low tide elevations unless lighthouses or similar permanently visible installations above sea level are built upon them. Department of Natural Resources v. Joyner, 143 Ga. App. 868, 240 S.E.2d 114 (1977), rev'd on other grounds, 241 Ga. 390, 245 S.E.2d 644 (1978).

Normal baseline for measuring territorial sea is low water line. Department of Natural Resources v. Joyner, 143 Ga. App. 868, 240 S.E.2d 114 (1977), rev'd on other grounds, 241 Ga. 390, 245 S.E.2d 644 (1978).

State should be named in petition and served notice.

- Whichever line is correct, low tide or high tide, as the dividing line between private property sought to be registered and the state's property, the state is still an adjoining landowner and should have been so named in the petition and served other than by the advertisement "to whom it may concern," and a land registration judgment, if granted, would not be binding upon an adjoining landowner who was not named and served. State v. Bruce, 231 Ga. 783, 204 S.E.2d 106 (1974).

South Carolina sovereignty over Barnwell Islands.

- Islands that emerged in the Savannah River after the 1787 Treaty of Beaufort do not affect the boundary line between Georgia and South Carolina. Georgia v. South Carolina, 497 U.S. 376, 110 S. Ct. 2903, 111 L. Ed. 2d 309 (1990).

South Carolina established sovereignty over the Barnwell Islands in the Savannah River by prescription and acquiescence, since there was a record of almost-uniform taxation of property on the islands by South Carolina authorities, policing and prosecutorial activities by South Carolina authorities, and patrolling by South Carolina wildlife officers. Georgia v. South Carolina, 497 U.S. 376, 110 S. Ct. 2903, 111 L. Ed. 2d 309 (1990).

Lateral seaward boundary between Georgia and South Carolina.

- Tybee Island is to be regarded as the "headland" for the south side of the mouth of the Savannah River, and the long-existing shoal forms the north side of the mouth in determining the lateral seaward boundary between Georgia and South Carolina. Georgia v. South Carolina, 497 U.S. 376, 110 S. Ct. 2903, 111 L. Ed. 2d 309 (1990).

Cited in United States v. Louisiana, 363 U.S. 1, 80 S. Ct. 961, 4 L. Ed. 2d 1025 (1960).

OPINIONS OF THE ATTORNEY GENERAL

Phrase added to clarify treatment of coastal islands.

- Addition of the phrase "and coastal islands," in this section does not render the Georgia law inconsistent with the Submerged Lands Act, but appears to be simply an attempt to clarify one question left unanswered by the Submerged Lands Act, but answered by the Supreme Court in United States v. California, 381 U.S. 139, 85 S. Ct. 1401, 14 L. Ed. 2d 296 (1965), that is, how are coastal islands to be treated in determining the seaward boundary. 1976 Op. Att'y Gen. No. 76-95 (see O.C.G.A50-2-1).

Determining boundary of state's tidal or salt waters.

- Seaward boundary of Georgia's tidal or salt waters should be determined using the rules set forth in the Convention on the Territorial Sea and Contiguous Zone. 1976 Op. Att'y Gen. No. 76-95.

Boundary between Georgia and Alabama along Chattahoochee River is west bank of that river. 1962 Op. Att'y Gen. p. 26.

Boundaries of state's property vary with considerations of state's position.

- If the state is classed with all of the other owners of tidewater land, the boundaries of the state's property clearly extend to the low-water mark or encompass generally the entire tidewater bed; on the other hand, when the state's unique position as local political sovereign is taken into consideration, the state's rights of ownership extend far beyond this point for an additional three miles out to sea. 1965-66 Op. Att'y Gen. No. 66-49.

RESEARCH REFERENCES

Am. Jur. 2d.

- 72 Am. Jur. 2d, States, Territories, and Dependencies, § 26 et seq.

C.J.S.

- 81A C.J.S., States, §§ 12, 16 et seq.

ALR.

- Validity, construction, and application of Submerged Lands Act (SLA) of 1953, 43 U.S.C.A. §§ 1301 et seq., 68 A.L.R. Fed. 2d 363.

50-2-2. Boundary between Georgia and South Carolina.

The boundary between Georgia and South Carolina shall be the line described as running from the mouth of the River Savannah, up said river and the Rivers Tugalo and Chattooga, to the point where the last-named river intersects with the thirty-fifth parallel of north latitude, conforming as much as possible to the line agreed on by the commissioners of said states at Beaufort on April 28, 1787, except for the Barnwell Islands and the Oyster Bed Island in the River Savannah; provided, however, that the boundary along the lower reaches of the Savannah River, and the lateral seaward boundary, shall be more particularly described as being:

BEGINNING at a point 32 degrees 07 minutes 00 seconds North Latitude and 81 degrees 07 minutes 00 seconds West Longitude, located in the Savannah River, and proceeding in a southeasterly direction down the thread of the Savannah River equidistant between the banks of the River on Hutchinson Island and on the mainland of South Carolina, including the small downstream island southeast of the aforesaid point, at ordinary stage, until reaching the vicinity of Pennyworth Island;

Proceeding thence easterly down the thread of the northernmost channel of the Savannah River as it flows north of Pennyworth Island, making the transition to the said northernmost channel using the triequidistant method between Pennyworth Island, the Georgia bank on Hutchinson Island, and the South Carolina mainland bank, thence to the thread of the said northernmost channel equidistant from the South Carolina mainland bank and Pennyworth Island at ordinary stage, around Pennyworth Island;

Proceeding thence southeasterly to the thread of the northern channel of the Savannah River equidistant from the Georgia bank on Hutchinson Island and the South Carolina mainland bank, making the transition utilizing the triequidistant method between Pennyworth Island, the Georgia bank on Hutchinson Island, and the South Carolina mainland bank;

Proceeding thence southeasterly down the thread of the Savannah River equidistant from the Hutchinson Island and South Carolina mainland banks of the river at ordinary stage, through the tide gates, until intersecting the northwestern (farthest upstream) boundary of the "Back River Sediment Basin," as defined in the "Annual Survey - 1992, Savannah Harbor, Georgia, U.S. Coastal Highway, No. 17 to the Sea," U.S. Army Corps of Engineers, Savannah District, as amended by the Examination Survey - 1992 charts for the Savannah Harbor Deepening Project, Drawings No. DSH 112/107, (hereinafter the "Channel Chart");

Proceeding thence along the said northwestern boundary to its intersection with the northern boundary of the Back River Sediment Basin, in a generally southeasterly direction until said boundary intersects the northern boundary of the main navigational channel as depicted on the Channel Chart at the point designated as SR-34 (Georgia State Grid, East Zone, 1927 NAD, coordinates x=849479.546, y=759601.757);

Proceeding thence toward the mouth of the Savannah River along the northern boundary of the main navigational channel at the new channel limit as depicted on the Channel Chart, via Oglethorpe Range through point SR-33 (coordinates x=853126.849, y=761229.575), Fort Jackson Range through point SR-32 (coordinates x=854568.183, y=762555.255), the Bight Channel through points SR-31 (coordinates x=855854.367, y=765145.946), SR-30 (coordinates x=857363.583, y=766237.604), SR-29 (coordinates x=858471.561, y=766530.527), SR-28 (coordinates x=859881.928, y=766491.887), and SR-27 (coordinates x=861359.826, y=765804.794), Upper Flats Range through point SR-26 (coordinates x=863655.959, y=763821.629), Lower Flats Range through points SR-25 (coordinates x=865361.347, y=759910.744), SR-24 (coordinates x=866413.099, y=758260.171), SR-23 (coordinates x=867339.230, y=757647.194), SR-22 (coordinates x=870024.011, y=756511.390), and SR-21 (coordinates x=873855.646, y=755906.677), Crossing Range through points SR-20 (coordinates x=875581.821, y=754992.833), and SR-19 (coordinates x=884667.253, y=744780.789) and New Channel Range around the Rehandling Basin, and along the northern boundary of the Oyster Bed Island Turning Basin through point SR-16 (coordinates x=894907.977, y=742529.752), to the easternmost end of Oyster Bed Island at Navigational Buoy R "24";

Proceeding thence from Navigational Buoy R "24" easterly along the mean low water line of Oyster Bed Island to the point at which the mean low water line of Oyster Bed Island intersects the Oyster Bed Island Training Wall;

Proceeding thence along the southern edge of the Oyster Bed Island Training Wall until reaching the Jones Island Range line;

Proceeding thence southeasterly along the Jones Island Range line until reaching the northern boundary of the main navigational channel as depicted on the Channel Chart;

Proceeding thence southeasterly along the northern boundary of the main navigational channel as depicted on the Channel Chart to Navigational Buoy R "6," via Jones Island Range and Bloody Point Range; and finally

Proceeding thence in an easterly direction from Navigational Buoy R "6" in a straight line forming the seaward lateral boundary line to the seaward limit of Georgia as now or hereafter fixed by the Congress of the United States, said boundary line bearing approximately 104 degrees from magnetic north, the bearing of said line being more particularly described as being at right angles to the baseline from the southernmost point of Hilton Head Island and the northernmost point of Tybee Island, drawn by the Baseline Committee in 1970.

Provided, however, that the boundary shall be as more particularly shown by reference to the United States Department of Commerce, National Oceanic and Atmospheric Administration (NOAA) GPS coordinates on a map to be prepared by NOAA as a part of the survey commissioned by the States of Georgia and South Carolina in order to locate this boundary. In case of any conflict between the verbal description set forth hereinabove and the map locating the boundary with reference to GPS points, the location shown on the map shall prevail.

Provided, further, that nothing herein shall in any way be deemed to govern or affect in any way the division between the states of the remaining assimilative capacity, that is, the capacity to receive wastewater and other discharges without violating water quality standards, of the portion of the Savannah River described herein.

(Orig. Code 1863, § 18; Code 1868, § 16; Code 1873, § 16; Code 1882, § 16; Civil Code 1895, § 17; Civil Code 1910, § 17; Code 1933, § 15-102; Ga. L. 1994, p. 824, § 2.)

JUDICIAL DECISIONS

Boundary line remains where originally established.

- Boundary line between Georgia and South Carolina was not altered by the fact that the United States government, in the course of its work to improve the navigation of the Savannah River, changed the location of the main current or channel of the river; but the boundary remains where the main channel or current flowed naturally when the boundary line was originally fixed and established. James v. State, 10 Ga. App. 13, 72 S.E. 600 (1911).

Person determined within Georgia boundary.

- Person in a boat on the Savannah River, within 30 yards of the Georgia side, at a point where the river is at least 175 yards wide, is prima facie in Georgia. Simpson v. State, 92 Ga. 41, 17 S.E. 984, 44 Am. St. R. 75, 22 L.R.A. 248 (1893).

South Carolina sovereignty over Barnwell Islands.

- Islands that emerged in the Savannah River after the 1787 Treaty of Beaufort do not affect the boundary line between Georgia and South Carolina. Georgia v. South Carolina, 497 U.S. 376, 110 S. Ct. 2903, 111 L. Ed. 2d 309 (1990).

South Carolina established sovereignty over the Barnwell Islands in the Savannah River by prescription and acquiescence since there was a record of almost uniform taxation of property on the islands by South Carolina authorities, policing and prosecutorial activities by South Carolina authorities, and patrolling by South Carolina wildlife officers. Georgia v. South Carolina, 497 U.S. 376, 110 S. Ct. 2903, 111 L. Ed. 2d 309 (1990).

Lateral seaward boundary between Georgia and South Carolina.

- Tybee Island is to be regarded as the "headland" for the south side of the mouth of the Savannah River, and the long-existing shoal forms the north side of the mouth, in determining the lateral seaward boundary between Georgia and South Carolina. Georgia v. South Carolina, 497 U.S. 376, 110 S. Ct. 2903, 111 L. Ed. 2d 309 (1990).

OPINIONS OF THE ATTORNEY GENERAL

Boundary between Georgia and South Carolina is midway between the banks of the northern branch of the Savannah River. 1954-56 Op. Att'y Gen. p. 625.

RESEARCH REFERENCES

Am. Jur. 2d.

- 72 Am. Jur. 2d, States, Territories, and Dependencies, § 26 et seq.

C.J.S.

- 81A C.J.S., States, § 12 et seq.

50-2-3. Boundary between Georgia and North Carolina and Tennessee.

The boundary between Georgia and North Carolina and Georgia and Tennessee shall be the line described as the thirty-fifth parallel of north latitude, from the point of its intersection by the River Chattooga, west to the place called Nickajack.

(Orig. Code 1863, § 19; Code 1868, § 17; Code 1873, § 17; Code 1882, § 17; Civil Code 1895, § 18; Civil Code 1910, § 18; Code 1933, § 15-103.)

Editor's notes.

- By resolution (Ga. L. 2008, p. 1180), the General Assembly stated its clear and express intent to correct, establish, survey, and proclaim the northern border of the State of Georgia and the southern border of the States of Tennessee and North Carolina at the true 35th parallel.

Law reviews.

- For article discussing the disputes over Georgia's northern boundary with North Carolina and Tennessee, see 8 Ga. St. B.J. 197 (1971).

RESEARCH REFERENCES

Am. Jur. 2d.

- 72 Am. Jur. 2d, States, Territories, and Dependencies, § 26 et seq.

C.J.S.

- 81A C.J.S., States, § 12 et seq.

50-2-4. Boundary between Georgia and Alabama.

The boundary line between Georgia and Alabama shall be the line described from Nickajack to Miller's Bend on the Chattahoochee River, and down said river to its junction with the Flint River.

(Orig. Code 1863, § 20; Code 1868, § 18; Code 1873, § 18; Code 1882, § 18; Civil Code 1895, § 19; Civil Code 1910, § 19; Code 1933, § 15-104.)

OPINIONS OF THE ATTORNEY GENERAL

Boundary between Georgia and Alabama along the Chattahoochee River is the west bank of that river. 1962 Op. Att'y Gen. p. 26.

RESEARCH REFERENCES

Am. Jur. 2d.

- 72 Am. Jur. 2d, States, Territories, and Dependencies, § 26 et seq.

C.J.S.

- 81A C.J.S., States, § 12 et seq.

50-2-5. Boundary between Georgia and Florida.

The boundary line between Georgia and Florida shall be the line described from the junction of the Flint and Chattahoochee Rivers to the point 37 links north of Ellicott's Mound, on the St. Marys River; thence down said river to the Atlantic Ocean; thence along the middle of the presently existing St. Marys entrance navigational channel to the point of intersection with a hypothetical line connecting the seawardmost points of the jetties now protecting such channel; thence along said line to a control point of latitude 30ø 42' 45.6" north, longitude 81ø 24' 15.9" west; thence due east to the seaward limit of Georgia as now or hereafter fixed by the Congress of the United States; such boundary to be extended on the same true 90ø bearing so far as a need for further delimitation may arise.

(Ga. L. 1859, p. 23, § 1; Code 1863, § 21; Code 1868, § 19; Code 1873, § 19; Code 1882, § 19; Civil Code 1895, § 20; Civil Code 1910, § 20; Code 1933, § 15-105; Ga. L. 1969, p. 675, § 1.)

JUDICIAL DECISIONS

Cited in Coffee v. Groover, 123 U.S. 1, 8 S. Ct. 1, 31 L. Ed. 51 (1887).

RESEARCH REFERENCES

Am. Jur. 2d.

- 72 Am. Jur. 2d, States, Territories, and Dependencies, § 26 et seq.

C.J.S.

- 81A C.J.S., States, § 12 et seq.

ARTICLE 2 JURISDICTION

50-2-20. Extent of sovereignty and jurisdiction generally.

The sovereignty and jurisdiction of this state extend to all places within the limits of her boundaries except so far as she has voluntarily ceded her sovereignty and jurisdiction over particular localities to the United States or adjacent states.

(Orig. Code 1863, § 22; Code 1868, § 20; Code 1873, § 20; Code 1882, § 20; Civil Code 1895, § 21; Civil Code 1910, § 21; Code 1933, § 15-201.)

OPINIONS OF THE ATTORNEY GENERAL

O.C.G.A.

§ 50-2-2 contemplates cession of jurisdiction by legislature and not Governor. - This section does not contemplate the cession of jurisdiction to the United States by the Governor but instead contemplates that such cession shall be granted exclusively by the General Assembly. 1950-51 Op. Att'y Gen. p. 75.

Policing power.

- Although a reciprocal agreement is entered into, power of policing within the boundaries of Georgia cannot be delegated to another state nor can the policing power of this state be extended outside the territory of Georgia. 1957 Op. Att'y Gen. p. 147.

RESEARCH REFERENCES

Am. Jur. 2d.

- 72 Am. Jur. 2d, States, Territories, and Dependencies, §§ 3, 4, 19 et seq., 35.

C.J.S.

- 81A C.J.S., States, § 33 et seq.

50-2-21. Jurisdiction extends to all persons within state limits; court's option to decline jurisdiction.

  1. The jurisdiction of this state and its laws extend to all persons while within its limits, whether as citizens, denizens, or temporary sojourners.
  2. A court of this state may decline to exercise jurisdiction of any civil cause of action of a nonresident accruing outside this state if there is another forum with jurisdiction of the parties in which the trial can be more appropriately held. In determining the appropriateness of this state or of another forum, the court shall take into account the following factors:
    1. The place of accrual of the cause of action;
    2. The location of witnesses;
    3. The residence or residences of the parties;
    4. Whether a litigant is attempting to circumvent the applicable statute of limitations of another state; and
    5. The public factor of the convenience to and burden upon the court.
  3. Upon a motion filed not later than 90 days after the last day allowed for the filing of the moving party's answer and upon the party's showing that the existing forum constitutes an inconvenient forum based on the factors listed in subsection (b) of this Code section and where there is another forum which can assume jurisdiction, the court may dismiss the action without prejudice to its being filed in any appropriate jurisdiction on any condition or conditions that may be just.

(Orig. Code 1863, § 23; Code 1868, § 21; Code 1873, § 21; Code 1882, § 21; Civil Code 1895, § 22; Civil Code 1910, § 22; Code 1933, § 15-202; Ga. L. 2003, p. 820, § 5.)

Cross references.

- Rights of citizens of other states and aliens while in state, § 1-2-9 et seq.

Grounds for exercising personal jurisdiction over nonresidents, § 9-10-91.

Editor's notes.

- Ga. L. 2003, p. 820, § 9, not codified by the General Assembly, provides that this Act "shall apply to all civil actions filed on or after July 1, 2003."

Law reviews.

- For article surveying developments in Georgia trial practice and procedure from mid-1980 through mid-1981, see 33 Mercer L. Rev. 275 (1981). For article, "Georgia's Domestic Relations Long-Arm Statute, Circa 1986," see 23 St B.J. 74 (1987). For annual survey of law of domestic relations, see 38 Mercer L. Rev. 179 (1986). For annual survey of trial practice and procedure, see 38 Mercer L. Rev. 383 (1986). For annual survey of trial practice and procedure, see 56 Mercer L. Rev. 433 (2004). For note on the 2003 amendment to this Code section, see 20 Ga. St. U.L. Rev. 28 (2003). For comment on White v. Henry, 232 Ga. 64, 205 S.E.2d 206 (1974), see 26 Mercer L. Rev. 317 (1974).

JUDICIAL DECISIONS

Lack of jurisdiction.

- Court has no jurisdiction over a case in which neither of the parties is, or has ever been in the state, or a citizen, or a resident of the state, or the owner of property in the state. House v. House, 25 Ga. 473 (1858).

Extent of jurisdiction.

- All persons found within the limits of a government are to be deemed citizens thereof, so that the right of jurisdiction, civil and criminal, will attach to such persons. Dearing v. Bank of Charleston, 5 Ga. 497, 48 Am. Dec. 300 (1848); Adams v. Lamar, 8 Ga. 83 (1850); Molyneux v. Seymour, Fanning & Co., 30 Ga. 440, 76 Am. Dec. 662 (1860).

Jurisdiction is to be so exercised as to conclude by judgment none but those who are parties. Dearing v. Bank of Charleston, 5 Ga. 497, 48 Am. Dec. 300 (1848); Adams v. Lamar, 8 Ga. 83 (1850).

Jurisdiction extends only where it is not surrendered or restrained by the Constitution of the United States. Johnston v. Riley, 13 Ga. 97 (1853).

Jurisdiction of nonresidents.

- Any court of any county of this state which can serve process on a nonresident, traveling through the state, acquires jurisdiction of that nonresident. Campbell v. Campbell, 67 Ga. 423 (1881).

Even though the allegations showed that the defendant was a resident of a foreign jurisdiction, yet when the defendant was personally served with process while sojourning within the state and the county in which the court was located, where the petitioner resided, the court acquired jurisdiction under former Code 1933, §§ 3-206 and 15-202 (see O.C.G.A. §§ 9-10-33 and50-2-21). Miller v. Miller, 216 Ga. 535, 118 S.E.2d 85 (1961).

Persons passing through state.

- Citizen of another state, passing through this state, may be sued in any county of this state in which the citizen may happen to be at the time when sued. Murphy v. John S. Winter & Co., 18 Ga. 690 (1855).

Person not a citizen, and temporarily sojourning in this state, may be sued in any county thereof in which the person may be found at the time the person is sued, for the jurisdiction of this state extends to "citizens, denizens, or temporary sojourners." Cheeley v. Fujino, 131 Ga. App. 41, 205 S.E.2d 83 (1974).

Service on nonresident held proper.

- Service of a petition for modification of child support upon a nonresident while the nonresident was visiting children in Georgia was proper. Hutto v. Plagens, 254 Ga. 512, 330 S.E.2d 341 (1985).

Foreign executors within limits of state.

- Foreign executors or administrators coming within jurisdictional limits of the state are liable to be sued here by creditors, or to be brought to an account by legatees or distributees. Johnson v. Jackson, 56 Ga. 326, 21 Am. R. 285 (1876).

Concurrent jurisdiction of state and federal courts.

- When the courts of this state and the courts of the United States have concurrent jurisdiction over the subject matters and parties to a controversy, that tribunal which first actually takes the jurisdiction will retain jurisdiction. Hines & Hobbs v. Rawson, 40 Ga. 356, 2 Am. R. 581 (1869).

Jurisdiction of a state does not extend beyond the state's territorial limits; consequently, no personal judgment can be obtained against a nonresident unless the nonresident is served, so as to give the court jurisdiction, and that legal service cannot be perfected by forcing a nonresident defendant to come within the jurisdiction of the state in order to perfect personal service and thereby obtain jurisdiction. Lomax v. Lomax, 176 Ga. 605, 168 S.E. 863 (1933).

Presence of corporation makes it subject to jurisdiction.

- Corporation is for some purposes a citizen, and, if present, is no less subject to the jurisdiction than any other citizen of another state. Besides, a corporation, though a citizen of but one state, may be a resident also of other states. Louisville & N.R.R. v. Meredith, 66 Ga. App. 488, 18 S.E.2d 51 (1941), aff'd, 194 Ga. 106, 21 S.E.2d 101 (1942).

Service on agent of defendant corporation.

- Legal service may be perfected on a defendant railroad corporation which does business in this state, (i.e., has tracks in the state) by serving the corporation's soliciting freight agent who has an office in the county in which the suit is filed and service perfected, although the defendant does no business in the county other than that of the soliciting of freight. Louisville & N.R.R. v. Meredith, 66 Ga. App. 488, 18 S.E.2d 51 (1941), aff'd, 194 Ga. 106, 21 S.E.2d 101 (1942).

Jurisdiction of person or property.

- If the court gets jurisdiction of the person or property of a nonresident, the court will retain jurisdiction to administer justice to the court's own citizens. Callaway v. Jones & Quattlebum, 19 Ga. 277 (1856).

Full justice afforded to nonresidents.

- Nonresident invoking aid of court will be afforded as full justice as is consistent with the laws and policy of the state. Reeves v. Southern Ry., 121 Ga. 561, 49 S.E. 674, 70 L.R.A. 513, 2 Ann. Cas. 207 (1905); Seaboard Air-Line Ry. v. Burns, 17 Ga. App. 1, 86 S.E. 270 (1915).

Jurisdiction over property of nonresident.

- Courts have jurisdiction of a nonresident who owns property in a state, although the nonresident does not come within territorial limits. Molyneux v. Seymour, Fanning & Co., 30 Ga. 440, 76 Am. Dec. 662 (1860).

Seizure of nonresident defendant's property.

- Extent of available judicial relief in reference to alimony against a nonresident defendant, who is not personally served in this state, or does not acknowledge service, or who does not voluntarily submit to the jurisdiction of the court by appearing and pleading, is confined to the seizure and utilization of such property as the defendant may own, situated within the jurisdiction of the court. Hicks v. Hicks, 193 Ga. 446, 18 S.E.2d 754 (1942).

Jurisdiction properly denied.

- Trial court properly dismissed a libel and slander action against a bank, an investment fund, and a supervisor as the supervisor gave the reference underlying the suit from a New York hotel room to an individual in the Netherlands, the law of the Netherlands controlled the case, most witnesses resided in the Netherlands, including the employee, and the supervisor had returned to the Netherlands at the time of the appeal; judicial notice was also taken of the deaths of the trial judge and the court reporter who had handled the case below, which, alone, satisfied O.C.G.A. § 50-2-21(b)(5). Triguero v. ABN AMRO Bank N.V., 273 Ga. App. 92, 614 S.E.2d 209 (2005).

Exemption from service of civil process.

- When there is pending in Florida a suit of A against B, and by stipulation of counsel for both parties, B comes into this state solely for the purpose of taking depositions, B is exempt from service of civil process while taking such depositions and during a reasonable time going and coming, even though the attorney for B testified that the purpose of taking the depositions was to make opposing counsel believe that B would not be present at the trial of the suit in Florida and there was no intention to use the depositions. Ewing v. Elliott, 51 Ga. App. 565, 181 S.E. 123 (1935).

If a person is present in a county other than that of the person's residence, for the sole purpose of attending the taking of depositions therein in a case to which the person is a party, and advantage is taken of the person's presence to serve process on the person in another action, to compel the person to defend the action in a jurisdiction other than that of residence, the service of such process should be quashed. Ewing v. Elliott, 51 Ga. App. 565, 181 S.E. 123 (1935).

Nonresident witness or party exempt from service.

- Nonresident witness or suitor in attendance upon the trial of any case in court is exempt from service of any writ or summons while so attending, and in going to, or returning from the court. Ewing v. Elliott, 51 Ga. App. 565, 181 S.E. 123 (1935).

Exemption from service extends to attendance at other tribunals.

- Privilege of exemption from service is not only assured while a nonresident is attending upon strictly judicial proceedings, but upon any tribunal whose business has reference to or is intended to affect judicial proceedings. Ewing v. Elliott, 51 Ga. App. 565, 181 S.E. 123 (1935).

Rule of nonresident immunity from service embraces wide scope of tribunals.

- Hearings before arbitrators, legislative committees, registers and commissioners in bankruptcy, and examiners and commissions to take depositions, are all embraced within the scope of application of the rule of nonresident immunity from service. Ewing v. Elliott, 51 Ga. App. 565, 181 S.E. 123 (1935).

Rule of nonresident immunity extends to every person who in good faith attends as a witness in any proceeding where testimony is to be taken according to the practice of the courts to be used in establishing the rights of a party in any judicial proceeding. Ewing v. Elliott, 51 Ga. App. 565, 181 S.E. 123 (1935).

Exemption where controlling purpose for entering state for depositions.

- In order for a nonresident to be immune from process under the rule of exemption, the nonresident's main and controlling purpose in coming into this state must be for the purpose of taking the depositions; this is the meaning of the term "good faith" when used in connection with this rule of exemption. Ewing v. Elliott, 51 Ga. App. 565, 181 S.E. 123 (1935).

Exemption from service must be claimed.

- Service on garnishee temporarily sojourning here as suitor in court was voidable, yet when there was no objection made to the service and no answer filed at either return or second term, default judgment was valid. Thornton v. American Writing Mach. Co., 83 Ga. 288, 9 S.E. 679, 20 Am. St. R. 320 (1889).

Question of jurisdiction not waived by appearance.

- In case of a judgment void for want of personal service of process, the defendant does not waive the question of jurisdiction or validate the void judgment by an appearance after judgment in support of a motion to set the judgment aside. Hicks v. Hicks, 193 Ga. 446, 18 S.E.2d 754 (1942).

Voluntary attendance to answer for misdemeanor is not privileged.

- Nonresident of the state, voluntarily attending a city court to answer to an accusation for a misdemeanor against the nonresident is not privileged from arrest under civil process nor exempt from service of civil process. Rogers v. Rogers, 138 Ga. 803, 76 S.E. 48 (1912).

Defendant in criminal case can be witness in own behalf.

- Each of the cases in which service of civil process upon a nonresident criminal defendant was upheld rested upon a rationale that under the law of this state then existing a defendant in a criminal case could not be a "witness" within the meaning of former Code 1933, § 38-1506 (see now O.C.G.A. § 24-13-1) because a witness could not take the stand and be sworn on own behalf. These cases were no longer applicable in view of the enactment of former Code 1933, §§ 26-401, 27-405, 38-415 and 38-416 (see now O.C.G.A. §§ 16-1-3(1)17-7-28, and24-5-506), which authorized a defendant to testify in a criminal case in this state. White v. Henry, 232 Ga. 64, 205 S.E.2d 206 (1974), commented on in 26 Mercer L. Rev. 317.

Immunity of nonresident defendant who appears voluntarily.

- Immunity should be extended to the nonresident criminal defendant who voluntarily appears in court to answer a criminal charge in Georgia. White v. Henry, 232 Ga. 64, 205 S.E.2d 206 (1974), commented on in 26 Mercer L. Rev. 317.

Cited in Shea v. Gehan, 70 Ga. App. 229, 28 S.E.2d 181 (1943); Curtis v. Curtis, 215 Ga. 367, 110 S.E.2d 668 (1959); Ward v. Ward, 223 Ga. 868, 159 S.E.2d 81 (1968); Edwards v. Edwards, 227 Ga. 307, 180 S.E.2d 358 (1971); Padgett v. Penland, 230 Ga. 824, 199 S.E.2d 210 (1973); Chalfant v. Rains, 244 Ga. 747, 262 S.E.2d 63 (1979); Williams v. Fuller, 244 Ga. 846, 262 S.E.2d 135 (1979); Gant v. Gant, 254 Ga. 239, 327 S.E.2d 723 (1985); Wegman v. Wegman, 338 Ga. App. 648, 791 S.E.2d 431 (2016).

RESEARCH REFERENCES

Am. Jur. 2d.

- 72 Am. Jur. 2d, States, Territories, and Dependencies, §§ 3, 4.

C.J.S.

- 81A C.J.S., States, §§ 34, 35.

ALR.

- Discretion of court to refuse to entertain action for nonstatutory tort occurring in another state or country, 32 A.L.R. 6; 48 A.L.R.2d 800.

Immunity of nonresident defendant in criminal case from service of process, 20 A.L.R.2d 163.

50-2-22. State consent to acquisition by United States of lands for government purposes.

The consent of the state is given, in accordance with Article I, Section 8, Clause 17 of the Constitution of the United States, to the acquisition by the United States, by purchase, condemnation, or otherwise, of any lands in this state which have been or may be acquired for sites for customs houses, courthouses, post offices, or for the erection of forts, magazines, arsenals, dockyards, and other needful buildings.

(Ga. L. 1906, p. 126, §§ 1, 2; Civil Code 1910, § 25; Ga. L. 1927, p. 352, § 1; Code 1933, § 15-301.)

JUDICIAL DECISIONS

Statutes attempting to waive state's right to tax.

- To the extent that former Code 1933, §§ 15-301 through 15-303 (see O.C.G.A. §§ 50-2-22 through50-2-24) attempted to waive the state's sovereign right to tax, the statutes were void. The petition, seeking to prevent taxation of private property located upon lands belonging to the United States, alleged no cause of action and it was not error for the court to dismiss the petition on demurrer (now motion to dismiss). IBM Corp. v. Evans, 213 Ga. 333, 99 S.E.2d 220 (1957).

Cession of complete and general jurisdiction over United States' lands.

- The 1927 Act of cession of jurisdiction (see O.C.G.A. §§ 50-2-22,50-2-23, and50-2-24) is not an act of repeal or amendment of prior Acts. It is a new and general statute by which this state makes a complete and general cession of jurisdiction to the federal government over all lands held by the United States for "purposes of government." Former Code 1933, § 15-301 (see O.C.G.A. § 50-2-22) was in no wise contrary to Ga. Const. 1877, Art. III, Sec. VII, Para. XVIII (see Ga. Const. 1983, Art. III, Sec. V, Para. IV). Bowen v. United States, 134 F.2d 845 (5th Cir.), cert. denied, 319 U.S. 764, 63 S. Ct. 1320, 87 L. Ed. 1714 (1943).

Counties have right to tax private property located upon federal lands.

- Former Code 1933, §§ 15-301 through 15-303 (see O.C.G.A. §§ 50-2-22,50-2-23, and50-2-24) offended Ga. Const. 1945, Art. VII, Sec. I, Para. II (see Ga. Const. 1983, Art. VII, Sec. I, Para. I) and were, to the extent that the statutes undertook to waive the sovereign right of Georgia to tax, absolutely void. The sole ground upon which the petition sought to defeat the county's attempt to tax the private property located upon lands belonging to the United States being the abortive attempt by the legislature to waive the state's right to tax, the petition alleged no cause of action, and the court did not err in sustaining the demurrers (now motion to dismiss) and dismissing the petition. IBM Corp. v. Evans, 213 Ga. 333, 99 S.E.2d 220 (1957).

State taxation must not interfere with business of United States.

- Former Code 1933, §§ 15-301 through 15-303 (see O.C.G.A. §§ 50-2-22,50-2-23, and50-2-24) must be construed in pari materia with Ga. Const. 1945, Art. VII, Sec. I, Para. II (see Ga. Const. 1983, Art. VII, Sec. I, Para. I). When thus construed, the statutes mean that the United States has no right to prevent taxation so long as such taxation in no wise interferes with the business of the United States. Taxing the private property could not conceivably interfere with the government's business. IBM Corp. v. Evans, 213 Ga. 333, 99 S.E.2d 220 (1957).

Lands acquired by United States are free from certain state interference.

- When lands are acquired in any other way by the United States within the limits of a state than by purchase with her consent, they will hold the lands subject to the qualification that if upon them forts, arsenals, or other public buildings are erected for the use of the general government, such buildings, with their appurtenances, as instrumentalities for the execution of its powers, will be free from any such interference and jurisdiction of the state as would destroy or impair their effective use for the purposes designed. Brittain v. Reid, 220 Ga. 794, 141 S.E.2d 903 (1965).

State possesses jurisdiction over robbery in post office.

- When a robbery occurred in a United States post office, the defendant's contention that the federal government had exclusive jurisdiction over the offense since the robbery occurred on federal property was without merit. Harris v. State, 186 Ga. App. 756, 368 S.E.2d 527 (1988).

Cited in Dicks v. Dicks, 177 Ga. 379, 170 S.E. 245 (1933); DeKalb County v. Henry C. Beck Co., 382 F.2d 992 (5th Cir. 1967); Powers v. State, 261 Ga. App. 296, 582 S.E.2d 237 (2003).

OPINIONS OF THE ATTORNEY GENERAL

No jurisdiction over national military park.

- Game and Fish Commission (now Department of Natural Resources) of this state does not have jurisdiction over the premises of the Chickamauga-Chattanooga National Military Park for the purpose of checking fishing licenses and other violations of fishing and hunting laws which might occur on the premises of the park. 1945-47 Op. Att'y Gen. p. 51.

Exclusive criminal jurisdiction.

- Although in earlier Acts consenting to acquisition and ceding jurisdiction over land for the park, criminal jurisdiction was specifically reserved by the State of Georgia, exclusive jurisdiction was ceded by this section. 1945-47 Op. Att'y Gen. p. 51.

Building safety council has no right or duty to inspect: (a) properties of the federal government such as military reservations; or (b) properties, such as military housing projects, owned by the government but leased to private persons for nongovernmental uses. 1948-49 Op. Att'y Gen. p. 394.

Juvenile court does not have jurisdiction on military base.

- Fort Stewart remains in the exclusive jurisdiction of the federal government and the Juvenile Court of Liberty County does not have jurisdiction over juveniles who have allegedly committed delinquent acts on the military base. 1994 Op. Att'y Gen. No. U94-10.

RESEARCH REFERENCES

Am. Jur. 2d.

- 77 Am. Jur. 2d, United States, § 33 et seq.

C.J.S.

- 91 C.J.S., United States, § 123 et seq.

ALR.

- Applicability of state statutes or municipal regulations to contracts for performance of work on land owned or leased by the federal government, 91 A.L.R. 779; 115 A.L.R. 371; 127 A.L.R. 827.

Applicability of statute or municipal regulations to contracts for performance of work on land owned or leased by federal government, 127 A.L.R. 827.

50-2-23. Exclusive jurisdiction ceded over lands acquired by United States; exceptions.

Exclusive jurisdiction in and over any lands acquired by the United States as provided in Code Section 50-2-22 is ceded to the United States for all purposes except service upon such lands of all civil and criminal process of the courts of this state; but the jurisdiction so ceded shall continue no longer than the United States shall own such lands. The state retains its civil and criminal jurisdiction over persons and citizens in the ceded territory, as over other persons and citizens in this state, except as to any ceded territory owned by the United States and used by the Department of Defense and except as to any ceded territory owned by the United States and used by the Department of Justice for penal institutions, custodial institutions, or correctional institutions, but the state retains jurisdiction over the taxation of private property and the regulation of public utility services in any ceded territory. Nothing in this Code section shall interfere with the jurisdiction of the United States over any matter or subjects set out in the acts of Congress donating money for the erection of public buildings for the transaction of its business in this state or with any laws, rules, or regulations that Congress may adopt for the preservation and protection of its property and rights in the ceded territory and the proper maintenance of good order therein.

(Ga. L. 1890-91, p. 201, § 1; Civil Code 1895, § 25; Civil Code 1910, § 26; Ga. L. 1927, p. 352, § 2; Code 1933, § 15-302; Ga. L. 1952, p. 264, § 1; Ga. L. 1963, p. 555, § 1.)

JUDICIAL DECISIONS

Statutes void when statutes attempt to waive state's right to tax.

- To the extent that former Code 1933, §§ 15-301 through 15-304 (see O.C.G.A. §§ 50-2-22,50-2-23, and50-2-24) attempted to waive the state's sovereign right to tax, the statutes were void. The petition, seeking to prevent taxation of private property located upon lands belonging to the United States, alleged no cause of action, and it was not error for the court to dismiss the same on demurrer (now motion to dismiss). IBM Corp. v. Evans, 213 Ga. 333, 99 S.E.2d 220 (1957).

Taxation of private property upon United States' lands.

- Former Code 1933, §§ 15-301 through 15-304 (see O.C.G.A. §§ 50-2-22,50-2-23, and50-2-24) offended Ga. Const. 1945, Art. VII, Sec. I, Para. II (see Ga. Const. 1983, Art. VII, Sec. I, Para. I) and were, to the extent that they undertook to waive the sovereign right of Georgia to tax, absolutely void. The sole ground upon which the petition seeks to defeat the county's attempt to tax the private property located upon lands belonging to the United States being the abortive attempt by the legislature to waive the state's right to tax, the petition alleged no cause of action, and the court did not err in sustaining the demurrers (now motion to dismiss) and dismissing the petition. IBM Corp. v. Evans, 213 Ga. 333, 99 S.E.2d 220 (1957).

State taxation must not interfere with business of United States.

- Former Code 1933, §§ 15-301 through 15-304 (see O.C.G.A. §§ 50-2-22,50-2-23, and50-2-24) must be construed in pari materia with Ga. Const. 1945, Art. VII, Sec. I, Para. II (see Ga. Const. 1983, Art. VII, Sec. I, Para. I). When thus construed, the statutes mean that the United States has no right to prevent taxation so long as such taxation in no wise interferes with the business of the United States. Taxing the private property could not conceivably interfere with the government's business. IBM Corp. v. Evans, 213 Ga. 333, 99 S.E.2d 220 (1957).

Cession of complete and general jurisdiction over United States lands.

- The 1927 Act of cession of jurisdiction (see O.C.G.A. §§ 50-2-22,50-2-23, and50-2-24) is not an Act of repeal or amendment of prior Acts. It is a new and general statute by which this state makes a complete and general cession of jurisdiction to the federal government over all lands held by the United States for "purposes of government." Former Code 1933, § 15-302 (see O.C.G.A. § 50-2-23) was in no wise contrary to Ga. Const. 1877, Art. III, Sec. VII, Para. XVII (see Ga. Const. 1983, Art. III, Sec. V, Para. IV). Bowen v. United States, 134 F.2d 845 (5th Cir.), cert. denied, 319 U.S. 764, 63 S. Ct. 1320, 87 L. Ed. 1714 (1943).

Former Code 1933, § 15-302 (see O.C.G.A. § 50-2-23) was a partial cession of jurisdiction; while former Code 1933, § 15-303 described the time of vesting. Neither purported to condition state consent upon federal acceptance. DeKalb County v. Henry C. Beck Co., 382 F.2d 992 (5th Cir. 1967).

O.C.G.A.

§ 50-2-23 as offer to cede criminal jurisdiction to United States. - This section amounts to an offer to cede criminal jurisdiction to the United States which, to become effective, must be accepted in the proper manner by the United States, and the burden of showing such acceptance rests with the defendant in a criminal case who contends that the state court is without jurisdiction to try the defendant for an offense against state laws allegedly committed within the confines of the military installation. Dobbins v. State, 114 Ga. App. 403, 151 S.E.2d 549 (1966).

Requisite showing of federal acceptance of jurisdiction.

- After a deputy sheriff arrested the defendant for driving under the influence and driving without a license in a park and, at the subsequent trial, the arresting officer testified that the park was federal property, managed by the U.S. Army Corp of Engineers, assuming that the park was federal property used by the Department of Defense, since the defendant failed to make the requisite showing of federal acceptance of criminal jurisdiction, the trial court properly declined to dismiss the prosecution. Jackson v. State, 183 Ga. App. 594, 359 S.E.2d 457 (1987).

Laws in federal territory derive their authority and force from United States.

- Any law existing in territory over which the United States has "exclusive" sovereignty must derive its authority and force from the United States and is for that reason federal law, even though having its origin in the law of the state within the exterior boundaries of which the federal area is situated. Mater v. Holley, 200 F.2d 123 (5th Cir. 1952).

Lands acquired by United States free from certain state interference.

- When lands are acquired in any other way by the United States within the limits of a state than by purchase with her consent, they will hold the lands subject to the qualification that if upon them forts, arsenals, or other public buildings are erected for the use of the general government, such buildings, with their appurtenances, as instrumentalities for the execution of its powers, will be free from any such interference and jurisdiction of the state as would destroy or impair their effective use for the purposes designed. Brittain v. Reid, 220 Ga. 794, 141 S.E.2d 903 (1965).

State possesses jurisdiction over robbery in post office.

- When a robbery occurred in a United States post office, the defendant's contention that the federal government had exclusive jurisdiction over the offense since the robbery occurred on federal property was without merit. Harris v. State, 186 Ga. App. 756, 368 S.E.2d 527 (1988).

Arrest on Dobbins Air Force Base was lawful.

- Trial court did not err in concluding that a defendant's arrest on Dobbins Air Force Base was lawful based on evidence that the State of Georgia retained criminal jurisdiction over lands in the state used for federal military purposes, including a Department of the Army jurisdiction statement specifically for Dobbins recognizing the the United States did not have exclusive jurisdiction over the property. Devega v. State, 286 Ga. 448, 689 S.E.2d 293 (2010).

Cited in Shea v. Gehan, 70 Ga. App. 229, 28 S.E.2d 181 (1943); Powers v. State, 261 Ga. App. 296, 582 S.E.2d 237 (2003).

OPINIONS OF THE ATTORNEY GENERAL

Regulating public utilities in any ceded territory is not incompatible with the Georgia Constitution and former Code 1933, § 15-302 (see O.C.G.A. § 50-2-23) effectively ceded jurisdiction over lands used by the Department of Defense. 1952-53 Op. Att'y Gen. p. 8.

Taxation of property of public utilities on federal property.

- State has jurisdiction, for purposes of taxation, of property of public utilities located on property in this state belonging to the federal government. 1952-53 Op. Att'y Gen. p. 186.

Board usually has no authority to regulate post-secondary educational institutions.

- State Board of Education is without authority to regulate post-secondary educational institutions which are operated on federal military bases, unless the authority to do so is granted by federal statute, regulation, or consent. 1978 Op. Att'y Gen. No. 78-67.

Coroner has no authority to sign death certificate of civilian employee of the United States army who committed suicide on a military reservation within the boundaries of a county of Georgia. 1975 Op. Att'y Gen. No. 75-97.

Building safety council has no right or duty to inspect: (a) properties of the federal government such as military reservations; or (b) properties, such as military housing projects, owned by the government but leased to private persons for nongovernmental uses. 1948-49 Op. Att'y Gen. p. 394.

Federal installations purchasing distilled spirits directly from distiller.

- Military or naval installation which is located on property that has been ceded to the United States by this state has the right to buy distilled spirits directly from the distiller without the payment of Georgia tax or warehouse charges. 1948-49 Op. Att'y Gen. p. 591.

Juvenile court does not have jurisdiction on military base.

- Fort Stewart remains in the exclusive jurisdiction of the federal government and the Juvenile Court of Liberty County does not have jurisdiction over juveniles who have allegedly committed delinquent acts on the military base. 1994 Op. Att'y Gen. No. U94-10.

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Lands, § 125. 77 Am. Jur. 2d, United States, § 33 et seq.

ALR.

- Applicability of statute or municipal regulations to contracts for performance of work on land owned or leased by federal government, 127 A.L.R. 827.

50-2-23.1. Cession of concurrent jurisdiction to United States over certain lands within state; application to Governor; procedure for effecting cession.

  1. The consent of the State of Georgia is given to the cession of concurrent jurisdiction to the United States of America over lands within the boundaries of the State of Georgia that are owned by the United States of America or over which such jurisdiction is necessary for the effective administration and management of the lands owned by the United States.
  2. Whenever the United States of America desires to acquire concurrent jurisdiction over lands of the type described in subsection (a) of this Code section, application therefor shall be made to the Governor by the principal officer of the agency of the United States having administrative and legal control over the land and shall describe with specificity the lands for which concurrent jurisdiction is sought. For the purpose of this Code section, "legal control" shall include the authority to sell, convey, rent, lease, make covenants, alienate, or otherwise control by lawful means, any and all interests and rights in real property including but not limited to the right of possession to, use of, and travel upon or over relevant lands.
  3. Upon receipt of an application to acquire concurrent jurisdiction on behalf of the United States over lands of the type described in subsection (a) of this Code section, the Governor is authorized to cede concurrent jurisdiction over such lands to the United States.
  4. Cession of concurrent jurisdiction shall be effected by means of negotiation and execution of an agreement between the Governor on behalf of the state and the principal officer of the United States agency having administrative and legal control over the land. Any jurisdiction not specifically ceded in any such agreement is reserved to the state. Cession of such concurrent jurisdiction as is ceded by the state in any such agreement shall become effective upon the acceptance by the United States indicated in writing upon the instrument of cession by the authorized official or officials of the United States.
  5. Nothing contained in this Code section or in any instrument executed pursuant to it shall be construed as consent either to the preemption of any of the laws and regulations of this state or to the exemption of any federal lands from regulation pursuant to the laws and regulations of this state to the extent such lands are subject thereto. Nor shall any provision of this law or any instrument executed pursuant thereto be construed as a limitation or restriction upon the power, right, and authority of the General Assembly to enact laws and authorize the promulgation of regulations.

(Code 1933, § 15-302.1, enacted by Ga. L. 1982, p. 1867, § 1; Code 1981, §50-2-23.1, enacted by Ga. L. 1982, p. 1867, § 2.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Lands, § 125. 77 Am. Jur. 2d, United States, § 33 et seq.

50-2-23.2. Concurrent jurisdiction over lands of the National Infantry Museum; limits to concurrent jurisdiction; cession of concurrent jurisdiction; state laws and regulations not preempted.

  1. The consent of the State of Georgia is given to the cession of concurrent jurisdiction to the United States of America over lands within the boundaries of the State of Georgia which are owned by the National Infantry Foundation and which are incorporated into and used for the operation of the National Infantry Museum in Columbus, Georgia, or over which such jurisdiction is necessary for the effective administration and management of such museum, specifically including the following described territory:

    All that certain tract of land containing 90.63 acres located in Land Lots 37, 54, 55, 59 and 60 of the 7th Land District, Columbus, Muscogee County, Georgia, and being more particularly described as follows according to the survey by Barrett & McPherson, Inc., Engineers & Land Surveyors of Eufaula, Alabama:

    Starting at an iron pin at the intersection of the West right of way of Fort Benning Boulevard and the North line of Land Lot 37 of the 7th Land District of Muscogee County, Georgia, being a point on the boundary of the Fort Benning Military Reservation, go along the North line of said Land Lot 37 and the boundary of the Fort Benning Military Reservation North 88 degrees 47 minutes 39 seconds West 12.45 feet to a concrete monument which lies 50 feet West of the centerline of the Southbound lane of Fort Benning Boulevard, as measured at right angles thereto, thence continue along the North line of Land Lot 37 and the boundary of the Fort Benning Military Reservation North 88 degrees 47 minutes 39 seconds West 401.06 feet to a railroad rail iron stake at the Northeast corner of that certain tract of land conveyed by the United States of America to the City of Columbus, Georgia by Quit Claim Deed dated 25 August, 1975 and recorded in Deed Book 1563 at pages 373, et seq., in the Office of the Clerk of Superior Court of Muscogee County, Georgia, also being the POINT of BEGINNING; thence along the East and South lines of said tract of land Quit Claimed to the City of Columbus, Georgia the following courses: South 20 degrees 37 minutes 05 seconds West 936.78 feet to an iron pin; South 20 degrees 36 minutes 04 seconds West 2493.94 feet to an iron pin; South 20 degrees 35 minutes 16 seconds West 770.61 feet; a curve, concave Easterly, having a radius of 5786.81 feet, an arc length of 2568.74 feet, and a chord of South 07 degrees 52 minutes 16 seconds West 2547.70 feet to an iron pin; South 04 degrees 49 minutes 11 seconds East 207.24 feet to an iron pin; a curve, concave Westerly, having a radius of 3611.86 feet, an arc length of 17.47 feet, and a chord of South 04 degrees 40 minutes 52 seconds East 17.47 feet to an iron pin; a curve, concave Northwesterly, having a radius of 596.89 feet, an arc length of 696.09 feet, and a chord of South 58 degrees 38 minutes 25 seconds West 657.31 feet to an iron pin; thence North 87 degrees 57 minutes 02 seconds West 156.25 feet to an iron pin 50 feet East of the centerline of South Lumpkin Road, as measured at right angle thereto; thence along a line 50 feet East of the centerline of South Lumpkin Road, as measured at right angles thereto, the following courses: a curve, concave Southeasterly, having a radius of 3798.62 feet, an arc length of 329.36 feet. and a chord of North 07 degrees 58 minutes 57 seconds East 329.25 feet to an iron pin; North 10 degrees 31 minutes 29 seconds East 1115.76 feet to an iron pin; a curve, concave Westerly, having a radius of 5791.07 feet, an arc length of 625.22 feet, and a chord of North 07 degrees 25 minutes 55 seconds East 624.91 feet to an iron pin; North 04 degrees 20 minutes 20 seconds East 2587.34 feet to an iron pin; a curve, concave Westerly, having a radius of 11178.19 feet, an arc length of 613.36 feet, and a chord of North 02 degrees 46 minutes 01 seconds East 613.29 feet to an iron pin; North 01 degree 14 minutes 08 seconds East 26.19 feet to an iron pin at the Southwest corner of that certain 60.05 acre tract of land conveyed by the United States of America to Bickerstaff Clay Products Company, Inc. by Exchange Deed recorded in Deed Book 4159 at pages 213, et seq., in the Office of the Clerk of Superior Court of Muscogee County, Georgia; thence along the South and East lines of said tract of land conveyed to Bickerstaff Clay Products Company, Inc. the following courses: South 88 degrees 46 minutes 21 seconds East 1140.02 feet to an iron pin; North 20 degrees 37 minutes 20 seconds East 1021.08 feet to an iron pin; North 20 degrees 36 minutes 33 seconds East 884.18 feet to an iron pipe on the aforementioned North line of Land Lot 37; thence along the North line of Land Lot 37 South 88 degrees 44 minutes 49 seconds East 158.99 feet to the POINT of BEGINNING.

  2. Such concurrent jurisdiction granted to the United States of America by this Code section shall be limited to the provision of law enforcement services, security, and fire protection; the enforcement of applicable laws, rules, regulations, and ordinances of the state, the United States, and Columbus, Georgia; the trial of offenses and ordinance violations in the courts the United States, the State of Georgia, and Columbus, Georgia; and to such additional matters as may be the subject of the written agreement provided for in subsection (c) of this Code section.
  3. Cession of concurrent jurisdiction shall be effected by means of negotiation and execution of an agreement between the Governor on behalf of the state, the commanding general of the United States Army Infantry Center at Fort Benning, the governing authority of Columbus, Georgia, and the governing board of the National Infantry Foundation or any successor owner or operator of the National Infantry Museum and the property on which it is located. Any jurisdiction not specifically ceded in any such agreement is reserved to the state. Cession of such concurrent jurisdiction as is ceded by the state in any such agreement shall become effective upon the acceptance by the United States indicated in writing upon the instrument of cession by the authorized official or officials of the United States.
  4. Nothing contained in this Code section or in any instrument executed pursuant to it shall be construed as consent either to the preemption of any of the laws and regulations of this state or to the exemption of any lands from regulation pursuant to the laws and regulations of this state to the extent such lands are subject thereto. No provision of this Code section or any instrument executed pursuant to this Code section shall be construed as a limitation or restriction upon the power, right, and authority of the General Assembly to enact laws and authorize the promulgation of regulations.

(Code 1981, §50-2-23.2, enacted by Ga. L. 2005, p. 559, § 1/HB 420.)

50-2-24. Vesting of jurisdiction; exemption from state, county, or municipal charges.

The jurisdiction ceded as provided in Code Section 50-2-23 shall not vest until the United States has acquired the title to the lands by purchase, condemnation, or otherwise. As long as the lands remain the property of the United States when acquired by purchase, condemnation, or otherwise, and no longer, the same shall be and continue to be exempt and exonerated from all state, county, and municipal assessment, or other charges which may be levied or imposed under authority of the state.

(Ga. L. 1927, p. 352, § 3; Code 1933, § 15-303.)

JUDICIAL DECISIONS

Cession of complete and general jurisdiction over United States lands.

- The 1927 Act of cession of jurisdiction (see O.C.G.A. §§ 50-2-22,50-2-23, and50-2-24) is not an Act of repeal or amendment of prior Acts. It is a new and general statute by which this state makes a complete and general cession of jurisdiction to the federal government over all lands held by the United States for "purposes of government." This section is in no wise contrary to Ga. Const. 1877, Art. III, Sec. VII, Para. XVIII (see Ga. Const. 1983, Art. III, Sec. V, Para. IV). Bowen v. United States, 134 F.2d 845 (5th Cir.), cert. denied, 319 U.S. 764, 63 S. Ct. 1320, 87 L. Ed. 1714 (1943).

Portion of O.C.G.A.

§ 50-2-24 exempting ceded lands from taxation was void. - That portion of this section purporting to exempt and exonerate from "all state, county, and municipal taxation" such ceded lands was in plain and direct violation of Ga. Const. 1945, Art. VII, Sec. I, Para. II (see Ga. Const. 1983, Art. VII, Sec. I, Para. I), and was void. IBM Corp. v. Evans, 213 Ga. 333, 99 S.E.2d 220 (1957).

Statutes void when statutes attempt to waive state's right to tax.

- To the extent that former Code 1933, §§ 15-301 through 15-303 (see O.C.G.A. §§ 50-2-22,50-2-23, and50-2-24) attempted to waive the state's sovereign right to tax, the statutes were void. The petition, seeking to prevent taxation of private property located upon lands belonging to the United States, alleged no cause of action, and it was not error for the court to dismiss the cause on demurrer (now motion to dismiss). IBM Corp. v. Evans, 213 Ga. 333, 99 S.E.2d 220 (1957).

Counties have right to tax private property located upon United States' lands.

- Former Code 1933, §§ 15-301 through 15-303 (see O.C.G.A. §§ 50-2-22,50-2-23, and50-2-24) offended Ga. Const. 1945, Art. VII, Sec. I, Para. II (see Ga. Const. 1983, Art. VII, Sec. I, Para. I), and were, to the extent that the statutes undertook to waive the sovereign right of Georgia to tax, absolutely void. The sole ground upon which the petition seeks to defeat the county's attempt to tax the private property located upon lands belonging to the United States being the abortive attempt by the legislature to waive the state's right to tax, the petition alleges no cause of action, and the court did not err in sustaining the demurrers (now motion to dismiss) and dismissing the petition. IBM Corp. v. Evans, 213 Ga. 333, 99 S.E.2d 220 (1957).

State taxation must not interfere with business of United States.

- Former Code 1933, §§ 15-301 through 15-303 (see O.C.G.A. §§ 50-2-22,50-2-23, and50-2-24) must be construed in pari materia with Ga. Const. 1945, Art. VII, Sec. I, Para. II (see Ga. Const. 1983, Art. VII, Sec. I, Para. I). When thus construed, the statutes mean that the United States has no right to prevent taxation so long as such taxation in no wise interferes with the business of the United States. Taxing the private property could not conceivably interfere with the government's business. IBM Corp. v. Evans, 213 Ga. 333, 99 S.E.2d 220 (1957).

O.C.G.A. § 50-2-24 describes time of vesting of jurisdiction ceded in O.C.G.A. § 50-2-22. - Former Code 1933, § 15-301 (see O.C.G.A. § 50-2-22) was a partial cession of jurisdiction; while former Code 1933, § 15-303 (see O.C.G.A. § 50-2-24) described the time of vesting. Neither purported to condition state consent upon federal acceptance. DeKalb County v. Henry C. Beck Co., 382 F.2d 992 (5th Cir. 1967).

RESEARCH REFERENCES

Am. Jur. 2d.

- 71 Am. Jur. 2d, State and Local Taxation, §§ 143, 145.

C.J.S.

- 84 C.J.S., Taxation, §§ 232, 233.

ALR.

- Applicability of statute or municipal regulations to contracts for performance of work on land owned or leased by federal government, 127 A.L.R. 827.

50-2-25. State consent to acquisition by United States of lands for forest and wildlife purposes; concurrent jurisdiction.

The consent of the state is given to the acquisition by the United States by purchase, gift, exchange, or by condemnation according to law, of only such lands as may be contracted, proposed, or offered for sale in writing by the ostensible owner to the United States, in which writing the owner consents to such acquisition, of such lands in all those counties in the northern and central portions of the state south to and including the Counties of Stewart, Webster, Marion, Taylor, Upson, Monroe, Jones, Putnam, Greene, Taliaferro, Wilkes, Jasper, Elbert, Warren, Hancock, Oglethorpe, Dodge, Treutlen, Laurens, Butts, and Richmond, and in and around the Okefenokee Swamp as in the opinion of state and federal government officials may be needed for the establishment, consolidation, or extension of national forests, forest experiment stations, wildlife sanctuaries, or for rights of way and land on which to build roads, highways, and bridges in the Okefenokee Swamp or for rights of way and land on which to build roads, highways, and bridges to connect the swamp roads with other highways, or for any development purposes best suited on these lands to be acquired by the United States. The state shall retain concurrent jurisdiction with the United States in and over such lands in all cases insofar as civil process is concerned, and such criminal process as may issue under the authority of the state against any person charged with the commission of any crime outside or within the jurisdiction may be executed thereon in like manner as if this law had not been enacted. In all condemnation proceedings, the rights of the federal government shall be limited to the specific objects set forth by laws of the United States in regard to national forests or wildlife sanctuaries and rights of way on which to build roads, highways, and bridges.

(Ga. L. 1929, p. 239, § 1; Code 1933, § 15-304; Ga. L. 1935, p. 442, § 1; Ga. L. 1937, p. 458, § 1; Ga. L. 1982, p. 3, § 50.)

Editor's notes.

- For compilation of Acts ceding Georgia land to the United States, see the Local Laws Index of this Code.

OPINIONS OF THE ATTORNEY GENERAL

This section gives consent of state to acquisition by United States of lands in designated areas; land in other than the designated areas could not be acquired prior to the consent of this state by the legislature. 1958-59 Op. Att'y Gen. p. 277.

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Lands, § 125. 77 Am. Jur. 2d, United States, § 33 et seq.

50-2-26. Reacquisition of jurisdiction over state maintained highways in ceded territory.

Upon the concurrence of the United States by its appropriate action, this state shall thereby reacquire civil and criminal jurisdiction over persons and citizens found upon any highway or road maintained and used by this state for highway purposes within any ceded territory owned by the United States and used by the Department of Defense.

(Ga. L. 1957, p. 319, § 1.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Lands, § 125.

50-2-27. Retrocession of jurisdiction over lands owned by the United States.

  1. The consent of this state is given to the retrocession of jurisdiction, either partially or wholly, by the United States over land owned by the United States within the boundaries of this state; and the Governor is authorized to accept for the state such retrocession of jurisdiction.
  2. Retrocession of jurisdiction shall be effected upon written notice by the principal officer of the agency of the United States having supervision and control over the land to the Governor, such notice describing the land by metes and bounds and specifying the nature of the jurisdiction therein to be retroceded to the state and the entry of acceptance upon the written notice by the Governor.

(Ga. L. 1975, p. 1301, § 1.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Lands, § 125.

50-2-28. Capitol Square designated; state control and jurisdiction over buildings and grounds; Governor authorized to deed part of grounds for traffic movement.

  1. The following area is designated as "Capitol Square":
    1. The property owned by this state and the sidewalks and streets within the area in the City of Atlanta bounded by Washington Street, Trinity Avenue, Memorial Drive, Capitol Avenue, and Martin Luther King, Jr. Drive; and
    2. The buildings and property owned and operated by the Georgia Building Authority which are located on or bounded by Central Avenue, Trinity Avenue, Memorial Drive, Capitol Avenue, Jessie Hill, Jr. Drive, Martin Luther King, Jr. Drive, Peachtree Street, and Marietta Street.
  2. The state shall have the same control and jurisdiction over the use of the buildings and grounds owned by the state and designated as Capitol Square as have been authorized by law for the control and supervision of the public property formerly known as the State Capitol Buildings and Grounds.
  3. The Governor is authorized and empowered to deed, upon unanimous approval of the Governor, an appointee of the Governor who is not the Attorney General, and state auditor, upon such terms and conditions as they may deem to be to the best interests of the state, to the City of Atlanta or other appropriate governmental entity such part of the grounds owned by the state and facing Capitol Avenue that is deemed necessary and essential to widen, straighten, and improve Capitol Avenue at the entrance to Martin Luther King, Jr. Drive, so as to route traffic to such other property which is essential or necessary to aid in the movement of traffic around Capitol Square.

(Ga. L. 1953, Nov.-Dec. Sess., p. 164, §§ 1-3; Ga. L. 1988, p. 426, § 1; Ga. L. 2010, p. 137, § 2/HB 1074.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1988, "the" was inserted preceding "Attorney General" near the beginning of subsection (c).

CHAPTER 3 STATE FLAG, SEAL, AND OTHER SYMBOLS

Article 1 State and Other Flags.
Article 2 Great Seal of the State.
Article 3 Other State Symbols.
Article 4 Official State Language.
Article 5 Honoring Reverend Martin Luther King, Jr.
Article 6 Religious Liberty Monument.
Editor's notes.

- By resolution (see Ga. L. 1982, p. 1355), the General Assembly designated the Georgia Museum of Art at the University of Georgia as the State Museum of Art of the State of Georgia.

By resolution (Ga. L. 1986, p. 529), the General Assembly designated the English language as the official language of the State of Georgia. See also Code Section 50-3-100.

OPINIONS OF THE ATTORNEY GENERAL

Resolution (Ga. L. 1986, p. 529) adopting English as the official language of the State of Georgia has the force and effect of law. 1995 Op. Att'y Gen. No. U95-16.

ARTICLE 1 STATE AND OTHER FLAGS

50-3-1. Description of state flag; militia to carry flag; defacing public monuments; obstruction and relocation of monuments.

  1. The flag of the State of Georgia shall consist of a square canton on a field of three horizontal bands of equal width. The top and bottom bands shall be scarlet and the center band white. The bottom band shall extend the entire length of the flag, while the center and top bands shall extend from the canton to the fly end of the flag. The canton of the flag shall consist of a square of blue the width of two of the bands, in the upper left of the hoist of the flag. In the center of the canton shall be placed a representation in gold of the coat of arms of Georgia as shown in the center of the obverse of the Great Seal of the State of Georgia adopted in 1799 and amended in 1914. Centered immediately beneath the coat of arms shall be the words "IN GOD WE TRUST" in capital letters. The coat of arms and wording "IN GOD WE TRUST" shall be encircled by 13 white five-pointed stars, representing Georgia and the 12 other original states that formed the United States of America. Official specifications of the flag, including color identification system, type sizes and fonts, and overall dimensions, shall be established by the Secretary of State, who pursuant to Code Section 50-3-4 serves as custodian of the state flag.Every force of the organized militia shall carry this flag while on parade or review.
    1. As used in this subsection, the term:
      1. "Agency" means any state or local government entity, including any department, agency, bureau, authority, board, educational institution, commission, or instrumentality or subdivision thereof, and specifically including a local board of education, the Board of Regents of the University System of Georgia, and any institution of the University System of Georgia.
      2. "Monument" means a monument, plaque, statue, marker, flag, banner, structure name, display, or memorial constructed and located with the intent of being permanently displayed and perpetually maintained that is:
        1. Dedicated to a historical entity or historically significant military, religious, civil, civil rights, political, social, or cultural events or series of events; or
        2. Dedicated to, honors, or recounts the military service of any past or present military personnel of this state; the United States of America or the several states thereof; or the Confederate States of America or the several states thereof.
      3. "Officer" means an officer, official, body, employee, contractor, representative, or agent of any agency, whether appointed or elected.
    2. It shall be unlawful for any person, firm, corporation, or other entity to mutilate, deface, defile, or abuse contemptuously any publicly owned monument located, erected, constructed, created, or maintained on real property owned by an agency or the State of Georgia. No officer or agency shall remove or conceal from display any such monument for the purpose of preventing the visible display of the same. A violation of this paragraph shall constitute a misdemeanor.
    3. No publicly owned monument erected, constructed, created, or maintained on the public property of this state or its agencies, departments, authorities, or instrumentalities or on real property owned by an agency or the State of Georgia shall be relocated, removed, concealed, obscured, or altered in any fashion by any officer or agency; provided, however, that appropriate measures for the preservation, protection, and interpretation of such monument or memorial shall not be prohibited.
    4. Any person or entity that damages, destroys, or loses a monument or that takes or removes a monument without replacing it shall be liable for treble the amount of the full cost of repair or replacement of such monument and may be subject to exemplary damages unless such person or entity was authorized to take such action by the public entity owning such monument. In addition to treble the cost of repair or replacement and possible exemplary damages, the person or entity shall also be liable for the attorney's fees and court costs expended by the public entity owner of the monument or person, group, or legal entity in any action or proceeding required to establish liability and collect amounts owed. Should a public entity owner of the monument or person, group, or other legal entity prevail in any action under this Code section, such prevailing party shall timely pay for the cost of or repair or placement of the monument upon moneys being collected from the party damaging, destroying, or losing such monument.
    5. A public entity owning a monument or any person, group, or legal entity shall have a right to bring a cause of action for any conduct prohibited by this Code section for damages as permitted by this Code section. Such action shall be brought in the superior court of the county in which the monument was located.
    6. Except as provided in this paragraph, it shall be unlawful for any person, firm, corporation, or other entity acting without authority to mutilate, deface, defile, abuse contemptuously, relocate, remove, conceal, or obscure any privately owned monument located on privately owned property. Any person or entity that suffers injury or damages as a result of a violation of this paragraph may bring an action individually or in a representative capacity against the person or persons committing such violations to seek to recover general and exemplary damages sustained as a result of such person's or persons' unlawful actions. This paragraph shall not apply to an owner of real property storing privately owned monuments.
    7. Nothing in this Code section shall prevent an agency from relocating a monument when relocation is necessary for the construction, expansion, or alteration of edifices, buildings, roads, streets, highways, or other transportation construction projects. Any monument relocated for such purposes shall be relocated to a site of similar prominence, honor, visibility, and access within the same county or municipality in which the monument was originally located. A monument shall not be relocated to a museum, cemetery, or mausoleum unless it was originally placed at such location.
  2. Any other provision of law notwithstanding, the memorial to the heroes of the Confederate States of America graven upon the face of Stone Mountain shall never be altered, removed, concealed, or obscured in any fashion and shall be preserved and protected for all time as a tribute to the bravery and heroism of the citizens of this state who suffered and died in their cause.

(Ga. L. 1916, p. 158, § 3; Code 1933, § 86-1004; Ga. L. 1951, p. 311, § 43; Ga. L. 1955, p. 10, § 90; Ga. L. 1956, p. 38, § 1; Ga. L. 2001, p. 1, § 1; Ga. L. 2003, p. 26, § 1; Ga. L. 2004, p. 731, § 1; Ga. L. 2019, p. 268, § 1/SB 77.)

The 2019 amendment, effective April 26, 2019, rewrote subsection (b), which read: "(b)(1) It shall be unlawful for any person, firm, corporation, or other entity to mutilate, deface, defile, or abuse contemptuously any publicly owned monument, plaque, marker, or memorial which is dedicated to, honors, or recounts the military service of any past or present military personnel of this state, the United States of America or the several states thereof, or the Confederate States of America or the several states thereof, and no officer, body, or representative of state or local government or any department, agency, authority, or instrumentality thereof shall remove or conceal from display any such monument, plaque, marker, or memorial for the purpose of preventing the visible display of the same. A violation of this paragraph shall constitute a misdemeanor.

"(2) No publicly owned monument or memorial erected, constructed, created, or maintained on the public property of this state or its agencies, departments, authorities, or instrumentalities in honor of the military service of any past or present military personnel of this state, the United States of America or the several states thereof, or the Confederate States of America or the several states thereof shall be relocated, removed, concealed, obscured, or altered in any fashion; provided, however, that appropriate measures for the preservation, protection, and interpretation of such monuments or memorials shall not be prohibited.

"(3) Conduct prohibited by paragraphs (1) and (2) of this subsection shall be enjoined by the appropriate superior court upon proper application therefor.

"(4) It shall be unlawful for any person, firm, corporation, or other entity acting without authority to mutilate, deface, defile, abuse contemptuously, relocate, remove, conceal, or obscure any privately owned monument, plaque, marker, or memorial which is dedicated to, honors, or recounts the military service of any past or present military personnel of this state, the United States of America or the several states thereof, or the Confederate States of America or the several states thereof. Any person or entity who suffers injury or damages as a result of a violation of this paragraph may bring an action individually or in a representative capacity against the person or persons committing such violations to seek injunctive relief and to recover general and exemplary damages sustained as a result of such person's or persons' unlawful actions."

Cross references.

- Display of state flag by agencies, § 45-12-83.1.

Editor's notes.

- Ga. L. 2003, p. 26, § 2, not codified by the General Assembly, called for a referendum to modify the state flag which was held on March 2, 2004, and the 2003 State Flag, adopted at the 2003 Session of the General Assembly, was approved by a vote of 577,370 to 212,020.

Ga. L. 2003, p. 26, § 3, not codified by the General Assembly, provides for severability.

Law reviews.

- For article on the 2019 amendment of this Code section, see 36 Ga. St. U.L. Rev. 219 (2019). For note on the 2001 amendment to this Code section, see 18 Ga. St. U.L. Rev. 305 (2001). For note on the 2003 amendment to this Code section, see 20 Ga. St. U.L. Rev. 256 (2003). For note, "How Devolved is Too Devolved?: A Comparative Analysis Examining the Allocation of Power Between State and Local Government Through the Lens of the Confederate Monument Controversy," see 53 Ga. L. Rev. 371 (2018).

JUDICIAL DECISIONS

Constitutionality of flag.

- Georgia state flag, which incorporated the stars and bars of the Confederate flag, did not violate an African-American citizen's equal protection rights, even though a discriminatory purpose was a motivating factor in the passage of O.C.G.A. § 50-3-1 since the evidence failed to show a sufficiently concrete, present-day discriminatory impact on African-Americans. Coleman v. Miller, 885 F. Supp. 1561 (N.D. Ga. 1995), aff'd, 117 F.3d 527 (11th Cir. 1997), cert. denied, 523 U.S. 1011, 118 S. Ct. 1199, 140 L. Ed. 2d 328 (1998); Coleman v. Miller, 912 F. Supp. 522 (N.D. Ga. 1996), aff'd, 117 F.3d 527 (11th Cir. 1997), cert. denied, 523 U.S. 1011, 118 S. Ct. 1199, 140 L. Ed. 2d 328 (1998).

State flag, incorporating the stars and bars of the Confederate flag, did not violate the due process clause by depriving an African-American citizen of any fundamental privacy interest in associating with white people free from unwarranted government intrusion since the record did not support the claim. Moreover, the plaintiff's right to associate with white people in general is not the type of intimate relationship garnering constitutional protection under this theory. Coleman v. Miller, 885 F. Supp. 1561 (N.D. Ga. 1995), aff'd, 117 F.3d 527 (11th Cir. 1997), cert. denied, 523 U.S. 1011, 118 S. Ct. 1199, 140 L. Ed. 2d 328 (1998); Coleman v. Miller, 912 F. Supp. 522 (N.D. Ga. 1996), aff'd, 117 F.3d 527 (11th Cir. 1997), cert. denied, 523 U.S. 1011, 118 S. Ct. 1199, 140 L. Ed. 2d 328 (1998).

African-American citizen's argument that the state flag, incorporating the stars and bars of the Confederate flag, compelled the African-American citizen to be the courier of a morally objectionable ideological message failed because the flag on the flag's face does not promulgate a sufficiently clear message of discrimination and because the record contained no evidence that the citizen was forced to acknowledge the flag in any way. Coleman v. Miller, 885 F. Supp. 1561 (N.D. Ga. 1995), aff'd, 117 F.3d 527 (11th Cir. 1997), cert. denied, 523 U.S. 1011, 118 S. Ct. 1199, 140 L. Ed. 2d 328 (1998); Coleman v. Miller, 912 F. Supp. 522 (N.D. Ga. 1996), aff'd, 117 F.3d 527 (11th Cir. 1997), cert. denied, 523 U.S. 1011, 118 S. Ct. 1199, 140 L. Ed. 2d 328 (1998).

Display of the Georgia state flag did not violate an African-American citizen's constitutional rights to equal protection and freedom of expression. Coleman v. Miller, 117 F.3d 527 (11th Cir. 1997), cert. denied, 523 U.S. 1011, 118 S. Ct. 1199, 140 L. Ed. 2d 328 (1998).

Validity under federal law.

- For discussion of the state flag in relation to the federal Smith Act, 18 U.S.C. § 2385, Title II of the Civil Rights Act, 42 U.S.C. § 2000a, and the Voting Rights Act, 42 U.S.C. § 1971(b), see Coleman v. Miller, 885 F. Supp. 1561 (N.D. Ga. 1995), aff'd, 117 F.3d 527 (11th Cir. 1997), cert. denied, 523 U.S. 1011, 118 S. Ct. 1199, 140 L. Ed. 2d 328 (1998); Coleman v. Miller, 912 F. Supp. 522 (N.D. Ga. 1996), aff'd, 117 F.3d 527 (11th Cir. 1997), cert. denied, 523 U.S. 1011, 118 S. Ct. 1199, 140 L. Ed. 2d 328 (1998).

Cited in Gay v. Owens, 292 Ga. 480, 738 S.E.2d 614 (2013).

RESEARCH REFERENCES

Am. Jur. 2d.

- 35A Am. Jur. 2d, Flag, §§ 1, 2.

C.J.S.

- 36A C.J.S., Flags, § 1 et seq.

50-3-2. Pledge of allegiance to state flag.

The following is adopted as the pledge of allegiance to the state flag:

"I pledge allegiance to the Georgia flag and to the principles for which it stands: Wisdom, Justice, and Moderation."

(Ga. L. 1951, p. 311, § 47; Ga. L. 1955, p. 10, § 94.)

Cross references.

- Student directory information, registering to vote and with selective service, pledge of allegiance, § 20-2-310.

Law reviews.

- For article, "Ritual, Emotion, and Political Belief: The Search for the Constitutional Limit to Patriotic Education in Public Schools," see 43 Ga. L. Rev. 447 (2009).

50-3-3. Display of state flag.

The state flag shall be displayed on appropriate occasions in the public and private schools of this state and in all patriotic meetings, and the citizens of the state are requested to take the pledge of allegiance set out in Code Section 50-3-2.

(Ga. L. 1951, p. 311, § 48; Ga. L. 1955, p. 10, § 95.)

OPINIONS OF THE ATTORNEY GENERAL

School display.

- 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; and local school boards may fix the time between the hours of 7:30 a.m. and 4:00 p.m. on days when school attendance is required as an "appropriate occasion." 1994 Op. Att'y Gen. No. U94-5.

RESEARCH REFERENCES

Am. Jur. 2d.

- 35A Am. Jur. 2d, Flag, § 2.

C.J.S.

- 36A C.J.S., Flags, §§ 3, 4.

50-3-4. Designation of Secretary of State as custodian of state flag; procurement and furnishing of flags to schools.

The Secretary of State is designated as the custodian of the state flag. From funds made available for such purpose, the Secretary of State shall procure suitable state flags; and he shall be authorized to furnish, without cost, to the various public schools of this state, to the superior and state courts, and to other departments and agencies of the state, counties, or municipal authorities, such flags for their use in displaying same. From such funds he is authorized also to procure such flags and facsimiles thereof as may cause the flag sufficiently and properly to be made known and displayed.

(Ga. L. 1956, p. 38, § 2; Ga. L. 1970, p. 192, § 1; Ga. L. 1981, p. 986, § 1.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 35A Am. Jur. 2d, Flag, § 2.

C.J.S.

- 36A C.J.S., Flags, §§ 3, 4.

50-3-4.1. School superintendents and administrative officials authorized to display copies of national motto and American and Georgia flags in certain places; means of acquisition.

  1. Local school superintendents of the public schools in this state and the appropriate administrative officials of the various institutions and agencies of this state, provided that sufficient funds or the items themselves are available as provided in subsection (b) of this Code section, are authorized to place a durable poster or framed copy representing the following which may be displayed in each public elementary and secondary school library and classroom in this state and in each public building or facility in this state which is maintained or operated by state funds:
    1. Our national motto, "In God We Trust";
    2. A true and correct representation of the American flag, which shall be centered under the national motto; and
    3. A true and correct representation of the Georgia state flag.
  2. The copies or posters authorized by this Code section shall either be donated or shall be purchased solely with funds made available through voluntary contributions to the local school boards in the case of displays in public schools or to the Georgia Building Authority in the case of displays in state buildings and facilities.

(Ga. L. 1982, p. 913, § 1; Code 1981, §50-3-4.1, enacted by Ga. L. 1982, p. 913, § 2.)

Editor's notes.

- Ga. L. 1982, p. 913, § 3, effective April 13, 1982, not codified by the General Assembly, provided: "A copy of this Act shall be mailed directly to each school board in this state. A copy of this Act shall be mailed directly to each board member, school superintendent, and curriculum director of the state school system of Georgia."

OPINIONS OF THE ATTORNEY GENERAL

Constitutionality.

- Provision of O.C.G.A. § 50-3-4.1 allowing display of the motto "In God We Trust" in public does not violate the separation of church and state provisions of either the state or federal Constitutions. 2000 Op. Att'y Gen. No. 00-9.

RESEARCH REFERENCES

Am. Jur. 2d.

- 35A Am. Jur. 2d, Flag, § 2.

C.J.S.

- 36A C.J.S., Flags, §§ 3, 4.

50-3-5. Preservation of Confederate flags.

The flags of the Georgia troops who served in the army of the Confederate States, and which have been returned to the state by the United States government, shall be preserved for all time in the capitol as priceless mementos of the cause they represented and of the heroism and patriotism of the men who bore them.

(Ga. L. 1916, p. 158, § 3; Code 1933, § 86-1005; Ga. L. 1951, p. 311, § 44; Ga. L. 1955, p. 10, § 91.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 35A Am. Jur. 2d, Flag, § 2.

C.J.S.

- 36A C.J.S., Flags, §§ 3, 4.

50-3-6. Display of Spanish-American War flags.

The flags of the Georgia regiments which engaged in the Spanish-American War shall be displayed in the corridors of the capitol in a manner similar to those of the Confederate regiments.

(Ga. L. 1916, p. 158, § 3; Code 1933, § 86-1006; Ga. L. 1951, p. 311, § 45; Ga. L. 1955, p. 10, § 92.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 35A Am. Jur. 2d, Flag, § 2.

C.J.S.

- 36A C.J.S., Flags, §§ 3, 4.

50-3-7. Duty of Governor to accept flags.

When any flag referred to in Code Section 50-3-5 or 50-3-6 is offered to the state, it shall be the duty of the Governor to accept it in behalf of the state and to make such provisions for its preservation as may be necessary to protect and preserve it from the ravages of time, dust, and moths.

(Ga. L. 1916, p. 158, § 3; Code 1933, § 86-1007; Ga. L. 1951, p. 311, § 46; Ga. L. 1955, p. 10, § 93; Ga. L. 1982, p. 3, § 50.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 35A Am. Jur. 2d, Flag, § 2.

C.J.S.

- 36A C.J.S., Flags, §§ 3, 4.

50-3-8. Use of national, state, or Confederate flag for advertising, selling, or promoting the sale of merchandise unlawful.

  1. It shall be unlawful for any person, firm, or corporation to copy, print, publish, or otherwise use the flag of the United States, the flag, coat of arms, or state emblem of the State of Georgia, or the flag or emblem of the Confederate States of America, or any flag or emblem used by the Confederate States of America or the military or naval forces of the Confederate States of America at any time within the years 1860 to 1865, both inclusive, for the purpose of advertising, selling, or promoting the sale of any article of merchandise whatever within this state.
  2. Notwithstanding subsection (a) of this Code section, any person, firm, or corporation which contracts with the state to publish an official Code shall be authorized to use the state emblem on the cover of the publication. Utilization by the contracting person, firm, or corporation of the cover of the publication, with the state emblem thereon, for advertising purposes shall not constitute a violation of subsection (a) of this Code section.

(Ga. L. 1960, p. 985, § 1; Ga. L. 1982, p. 3, § 50.)

Cross references.

- Enactment of official Code, § 1-1-1.

Offenses against public order and safety, T. 16, C. 11.

OPINIONS OF THE ATTORNEY GENERAL

Replica of state flag may not be printed upon packets or envelopes containing sugar in order to promote the image of this state in the minds of the people who use the product. 1967 Op. Att'y Gen. No. 67-323.

"Public service" advertisement bearing name of private sponsor.

- Proposed "public service" advertisement which prints, publishes, or otherwise uses the flag of the State of Georgia and bears the name of a private corporate sponsor would be in violation of O.C.G.A. § 50-3-8. 1992 Op. Att'y Gen. No. 92-14.

RESEARCH REFERENCES

Am. Jur. 2d.

- 3 Am. Jur. 2d, Advertising, § 4. 35A Am. Jur. 2d, Flag, § 3. 74 Am. Jur. 2d, Trademarks and Tradenames, § 41.

C.J.S.

- 36A C.J.S., Flags, §§ 3, 4. 81A C.J.S., States, § 79. 87 C.J.S., Trademarks, Trade Names and Unfair Competition, § 208.

ALR.

- Propriety of prohibition of display or wearing of confederate flag, 66 A.L.R.6th 493.

Propriety of prohibition of display or wearing of confederate flag, 66 A.L.R.6th 493.

50-3-9. Abuse of federal, state, or Confederate flag unlawful.

It shall be unlawful for any person, firm, or corporation to mutilate, deface, defile, or abuse contemptuously the flag of the United States, the flag, coat of arms, or emblem of the State of Georgia, or the flag or emblem of the Confederate States of America by any act whatever.

(Ga. L. 1960, p. 985, § 2.)

Cross references.

- Offenses against public order and safety, T. 16, C. 11.

JUDICIAL DECISIONS

Editor's notes.

- Many of these annotations were based on cases decided prior to the U.S. Supreme Court decisions as to burning of the flag of the United States (See Texas v. Johnson, 491 U.S. 397, 109 S. Ct. 2533, 105 L. Ed. 2d 342 (1989) and United States v. Eichman, 496 U.S. 310, 110 S. Ct. 2404, 110 L. Ed. 2d 287 (1990)).

In light of the similarity of the statutory provisions, decisions under former Code 1933, § 26-2803, which was subsequently repealed but was succeeded by provisions in this Code section, are included in the annotations for this Code section.

O.C.G.A.

§ 50-3-9 is not unconstitutional. - Language of this section making it unlawful to mutilate, deface, defile, or contemptuously abuse the flags by any act is not vague, uncertain, or indefinite, and this section is accordingly not unconstitutional. Hinton v. State, 223 Ga. 174, 154 S.E.2d 246 (1967), rev'd on other grounds sub nom. Anderson v. Georgia, 390 U.S. 206, 88 S. Ct. 902, 19 L. Ed. 2d 1039 (1968).

Freedom of speech not involved in prohibitions in O.C.G.A. § 50-3-9. - Conduct sought to be prohibited by this section is conduct which shows open disrespect for the flag, and no question of freedom of speech is involved. Hinton v. State, 223 Ga. 174, 154 S.E.2d 246 (1967), rev'd on other grounds sub nom. Anderson v. Georgia, 390 U.S. 206, 88 S. Ct. 902, 19 L. Ed. 2d 1039 (1968); Monroe v. State, 250 Ga. 30, 295 S.E.2d 512 (1982).

Flag burning is not protected by the free speech provision of the First Amendment as the state's interest in protecting the physical integrity of the United States flag justifies regulation of both specific destructive conduct toward the flag and minor limitations on symbolic speech concomitant to that conduct. Monroe v. State, 250 Ga. 30, 295 S.E.2d 512 (1982).

Conviction for mutilating, defacing, and defiling a flag upheld. See Bowles v. State, 168 Ga. App. 763, 310 S.E.2d 250 (1983), cert. denied, 465 U.S. 1112, 104 S. Ct. 1619, 80 L. Ed. 2d 148 (1984).

Cited in Monroe v. State Court, 560 F. Supp. 542 (N.D. Ga. 1983).

RESEARCH REFERENCES

Am. Jur. 2d.

- 35A Am. Jur. 2d, Flag, §§ 3, 4.

C.J.S.

- 36A C.J.S., Flags, §§ 3, 4.

ALR.

- What constitutes violation of flag desecration statutes, 41 A.L.R.3d 502.

Validity, and standing to challenge validity, of state statute prohibiting flag desecration and misuse, 31 A.L.R.6th 333.

Propriety of prohibition of display or wearing of confederate flag, 66 A.L.R.6th 493.

Propriety of prohibition of display or wearing of confederate flag, 66 A.L.R.6th 493.

50-3-10. Use of flag for decorative or patriotic purposes.

Nothing in this article shall be construed to prevent the use of the flag of the United States or any flag, standard, color, shield, ensign, or other insignia of the State of Georgia or of the Confederate States of America for decorative or patriotic purposes, either inside or outside of any residence, store, place of business, public building, or school building.

(Ga. L. 1960, p. 985, § 3.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 3 Am. Jur. 2d, Advertising, § 4. 35A Am. Jur. 2d, Flag, §§ 2, 3.

C.J.S.

- 36A C.J.S., Flags, §§ 3, 4.

ALR.

- Propriety of prohibition of display or wearing of confederate flag, 66 A.L.R.6th 493.

Propriety of prohibition of display or wearing of confederate flag, 66 A.L.R.6th 493.

50-3-11. Penalty.

Any person, firm, or corporation who violates any provision of Code Section 50-3-8 or 50-3-9 shall be guilty of a misdemeanor.

(Ga. L. 1960, p. 985, § 4.)

Cross references.

- Offenses against public order and safety, T. 16, C. 11.

RESEARCH REFERENCES

Am. Jur. 2d.

- 3 Am. Jur. 2d, Advertising, § 4. 35A Am. Jur. 2d, Flag, § 2 et seq.

C.J.S.

- 36A C.J.S., Flags, §§ 3, 4. 81A C.J.S., States, § 79.

ALR.

- What constitutes violation of flag desecration statutes, 41 A.L.R.3d 502.

Validity, and standing to challenge validity, of state statute prohibiting flag desecration and misuse, 31 A.L.R.6th 333.

50-3-12. State flags to honor service of deceased qualifying elected state officials.

  1. The purpose of this Code section is to recognize and honor those men and women who have dedicated their lives to public service through the representation of the citizens of this state and, in devoted service thereto, safeguarded the health, safety, and welfare of the citizens of the State of Georgia. To carry out this purpose, the Secretary of State shall, from funds made available for such purpose, furnish, without cost, a state flag to honor the service of a deceased qualifying elected state official, which state flag may be displayed in the funeral service of the deceased elected state official and thereafter given to the elected state official's estate.
  2. For purposes of this Code section, a "qualifying elected state official" is an official elected to serve in a state position and shall include members of the Georgia General Assembly and any official elected by state-wide or local election to serve in a constitutionally created executive or judicial position or elected position on any constitutionally established board or commission. A person committing or convicted of a felony or crime of moral turpitude during or subsequent to holding office or who has been impeached or otherwise removed from public office shall not be considered a "qualifying elected state official."
  3. The Secretary of State is authorized to administer the recognition program set forth in this Code section and to provide rules and regulations and enter into contracts necessary for the administration of the provisions and the purposes set forth in this Code section.

(Code 1981, §50-3-12, enacted by Ga. L. 2006, p. 214, § 1/HB 1246; Ga. L. 2007, p. 47, § 50/SB 103.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2006, Code Section 50-3-12, as enacted by Ga. L. 2006, p. 631, § 1, was redesignated as Code Section 50-3-13. Another Code Section 50-3-12 was enacted by Ga. L. 2006, p. 214, § 1.

Editor's notes.

- Ga. L. 2006, p. 214, § 2/HB 1246, not codified by the General Assembly, provides that this Code section shall apply to the death of a qualifying elected state official occurring on or after July 1, 2006.

50-3-13. State flags to honor service of deceased qualifying public safety officers.

  1. The purpose of this Code section is to recognize and honor those brave men and women who have dedicated their lives to the public safety of the citizens of this state and, in devoted service thereto, contributed to the safety, security, and individual freedom of the citizens of the State of Georgia. To carry out this purpose, the Secretary of State shall, if requested, from funds made available for such purpose, furnish, without cost, a state flag to honor the service of a deceased qualifying public safety officer, which state flag may be displayed in the funeral service of the deceased public safety officer and thereafter given to the officer's estate.
  2. For purposes of this Code section, a "qualifying public safety officer" is a peace officer, as defined in Code Section 35-8-2, sheriff, or firefighter, emergency medical technician, or emergency rescue specialist, as each is defined in Code Section 45-9-81, or member of the Georgia National Guard. In addition, "qualifying public safety officer" is an officer killed in the line of duty or an officer who has served as a qualifying public safety officer for a period of not less than five years. A person committing or convicted of a felony or crime of moral turpitude or whose certification or license to practice as a public safety officer is revoked or terminated shall not be considered a "qualifying public safety officer."
  3. It shall be the duty of any state or local agency with knowledge of the death of a qualifying public safety officer who is an employee of such agency or who retired from such agency to notify the Secretary of State's office for the purpose of providing a state flag to the deceased's estate. Any advocacy group representing the deceased or the deceased's department may also contact the Secretary of State on behalf of a deceased qualifying public safety officer.
  4. The Secretary of State is authorized to administer the recognition program set forth in this Code section and to provide rules and regulations and enter into contracts necessary for the administration of the provisions and the purposes set forth in this Code section.

(Code 1981, §50-3-13, enacted by Ga. L. 2006, p. 631, § 1/SB 381; Ga. L. 2007, p. 47, § 50/SB 103.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2006, Code Section 50-3-12, as enacted by Ga. L. 2006, p. 631, § 1, was redesignated as Code Section 50-3-13. Another Code Section 50-3-12 was enacted by Ga. L. 2006, p. 214, § 1.

Editor's notes.

- Ga. L. 2006, p. 631, § 2/SB 381, not codified by the General Assembly, provides that this Code section shall apply to the death of a qualifying public safety officer occurring on or after January 1, 2006.

50-3-14. Display of Honor and Remember flag; symbolism; manufacturing; adoption of guidelines; procurement and distribution for compliance.

  1. The Honor and Remember flag is designated as the state's emblem of the service and sacrifice of the brave men and women of the United States armed forces who have given their lives in the line of duty.
  2. The Honor and Remember flag may be displayed, in a manner designed to ensure visibility to the public:
    1. At the following locations:
      1. Any state-owned building at which the United States flag is displayed;
      2. Any state-owned military memorials; or
      3. Any other state-owned location;
    2. On the following days:
      1. Armed Forces Day, the third Saturday in May;
      2. Memorial Day, the last Monday in May;
      3. Flag Day, June 14;
      4. Independence Day, July 4;
      5. National POW-MIA Recognition Day, the third Friday in September;
      6. Veterans Day, November 11;
      7. Gold Star Mother's Day, the last Sunday in September; and
      8. A day on which a member of the United States armed forces who is a resident of the state loses his or her life in the line of duty; and
    3. With no more than two additional flags when displayed together on a flagpole.
  3. A flag displayed pursuant to this Code section must be manufactured in the United States.
  4. A local government may display the flag in accordance with subparagraphs (b)(2)(C) and (b)(2)(D) of this Code section at any local government building at which the United States flag is displayed and at any other local government location it deems appropriate.
  5. Any department or agency responsible for a location specified in paragraph (1) of subsection (b) of this Code section, or a local government pursuant to subsection (d) of this Code section, may adopt guidelines as necessary to carry out the purpose of this Code section, provided that such guidelines may not require an employee to report to work solely to display the flag.
  6. After July 1, 2019, the Department of Administrative Services may begin procurement and distribution of the flag as necessary to comply with this Code section.

(Code 1981, §50-3-14, enacted by Ga. L. 2019, p. 490, § 1/SB 170.)

Effective date.

- This Code section became effective July 1, 2019.

ARTICLE 2 GREAT SEAL OF THE STATE

50-3-30. Description; custody.

  1. The Secretary of State shall keep the great seal of the state adopted August 17, 1914, and on deposit in the office of the Secretary of State. The seal shall be either of silver or of some harder and more durable metal or composition of metals, 2 1/4 inches in diameter.
  2. The device on one side is a view of the seashore, with a ship bearing the flag of the United States riding at anchor near a wharf, receiving on board hogsheads of tobacco and bales of cotton, emblematic of the exports of this state; at a small distance a boat, landing from the interior of the state, with hogsheads, etc., on board, representing the state's internal traffic; in the back part of the same side a man in the act of plowing; and at a small distance a flock of sheep in different postures, shaded by a flourishing tree. The motto inscribed thereon is "Agriculture and Commerce, 1776."
  3. The device on the other side is three pillars supporting an arch, with the word "Constitution" engraved within the same, emblematic of the Constitution, supported by the three departments of government, namely the legislative, judicial, and executive. The first pillar has engraved upon a scroll "Wisdom," the second, "Justice," the third, "Moderation"; between the second and third pillars a man stands with a drawn sword, representing the aid of the military in the defense of the Constitution, and the motto is "State of Georgia, 1776."

(Laws 1799, Cobb's 1851 Digest, p. 959; Code 1863, § 86; Code 1868, § 81; Code 1873, § 86; Code 1882, § 86; Civil Code 1895, § 184; Civil Code 1910, § 213; Ga. L. 1914, p. 1247; Code 1933, § 40-701; Ga. L. 2001, p. 1, § 3.)

Cross references.

- Duty of Secretary of State to keep great seal of state, § 45-13-20(1).

Law reviews.

- For note on the 2001 amendment to this Code section, see 18 Ga. St. U.L. Rev. 305 (2001).

RESEARCH REFERENCES

Am. Jur. 2d.

- 72 Am. Jur. 2d, States, Territories, and Dependencies, § 65.

C.J.S.

- 36A C.J.S., Flags, §§ 3,4. 81A C.J.S., States, §§ 79, 244.

50-3-31. Use and display; facsimile.

In addition to official documents which require that the great seal be affixed, the Governor may authorize the use and display of the great seal or a facsimile of the state emblem under such conditions as he may impose when there shall be demonstrated to his satisfaction that the intended use or display thereof is appropriate and legitimate and is not contrary to the state's interest in preserving the sanctity and dignity of the state seal and emblem and that the use or display will not otherwise violate Code Section 50-3-8 or 50-3-9.

(Ga. L. 1979, p. 411, § 1.)

Cross references.

- Display of great seal of state on state-owned motor pool vehicles, § 50-19-2.

OPINIONS OF THE ATTORNEY GENERAL

Use of seal prohibited.

- Great seal of Georgia may not be used upon the cover of a textbook privately published and offered for sale. 1954-56 Op. Att'y Gen. p. 638.

RESEARCH REFERENCES

Am. Jur. 2d.

- 3 Am. Jur. 2d, Advertising, § 4. 35A Am. Jur. 2d, Flag, § 3 et seq. 72 Am. Jur. 2d, States, Territories, and Dependencies, § 65.

C.J.S.

- 36A C.J.S., Flags, §§ 3, 4. 81A C.J.S., States, § 79.

50-3-32. Authorized and unauthorized use or display.

  1. As used in this Code section, the term "election" means any primary election; run-off election, either primary or general; special election; general election; or recall election.
  2. Every constitutional officer; every official elected state wide; the executive head of every state department or agency, whether elected or appointed; each member of the General Assembly; and the executive director of each state authority shall be authorized to use or display the great seal or a facsimile of the state emblem for official state purposes and, in addition, each of the officials enumerated in this subsection who are elected officials shall be authorized to use or display the great seal or a facsimile of the state emblem on or in connection with any campaign poster, sign, or advertisement for election to any public office.
  3. Except as otherwise authorized by Code Section 50-3-31 or subsection (b) of this Code section, it shall be unlawful for any person, firm, corporation, or campaign committee to use or display the great seal or a facsimile of the state emblem on or in connection with any campaign poster, sign, or advertisement for election to any public office in such a manner as to falsely suggest or imply that the person on whose behalf the same is used is at the time a holder of a public office for which a commission bearing said seal is used.
  4. Any person who violates any provision of subsection (c) of this Code section shall be guilty of a misdemeanor.

(Code 1981, §50-3-32, enacted by Ga. L. 1989, p. 1122, § 1.)

ARTICLE 3 OTHER STATE SYMBOLS

Editor's notes.

- By resolution (Ga. L. 1984, p. 475), the General Assembly designated the Botanical Garden at the University of Georgia as the State Botanical Garden of Georgia.

By resolution (Ga. L. 1985, p. 562), the General Assembly designated The Atlas of Georgia the official state atlas of Georgia.

By resolution (Ga. L. 1985, p. 747), the General Assembly designated the right whale as the official Georgia state marine mammal.

50-3-50. State bird.

The brown thrasher is designated as the official Georgia state bird.

(Ga. L. 1970, p. 418.)

50-3-51. State game bird.

The bobwhite quail is designated as the official Georgia state game bird.

(Ga. L. 1970, p. 418.)

50-3-52. State fish.

The largemouth bass is designated as the official Georgia state fish.

(Ga. L. 1970, p. 846.)

50-3-53. State floral emblem.

The Cherokee rose is adopted as the floral emblem of the State of Georgia.

(Ga. L. 1916, p. 1046.)

50-3-54. State wild flower.

The native azaleas (Rhododendron sp.), collectively, are designated as the Georgia state wild flower.

(Ga. L. 1979, p. 1387; Ga. L. 2013, p. 1042, § 5/HB 338.)

The 2013 amendment, effective July 1, 2013, substituted "native azaleas ( Rhododendron sp. ), collectively, are designated" for "azalea is designated" in this Code section.

50-3-55. Official tree.

The live oak is adopted as the official tree emblematic of the State of Georgia.

(Ga. L. 1937, p. 2209.)

50-3-56. Official fossil.

The shark tooth is designated as the official Georgia state fossil.

(Ga. L. 1976, p. 567.)

50-3-57. Official gem.

Quartz is designated as the official Georgia state gem.

(Ga. L. 1976, p. 567.)

50-3-58. Official insect.

The honeybee is designated as the official Georgia state insect.

(Ga. L. 1975, p. 927.)

50-3-59. Official mineral.

Staurolite is designated as the official Georgia state mineral.

(Ga. L. 1976, p. 567.)

50-3-60. Official song.

The song "Georgia on My Mind" with lyrics by Mr. Stuart Gorrell and music by Mr. Hoagy Carmichael is designated as the official song of the State of Georgia.

Georgia on My Mind Melodies bring memories

That linger in my heart

Make me think of Georgia

Why did we ever part?

Some sweet day when blossoms fall

And all the world's a song

I'll go back to Georgia

'Cause that's where I belong.

Georgia, Georgia, the whole day through

Just an old sweet song keeps Georgia on my mind.

Georgia, Georgia, a song of you

Comes as sweet and clear as moonlight through the pines.

Other arms reach out to me

Other eyes smile tenderly

Still in peaceful dreams I see

The road leads back to you.

Georgia, Georgia, no peace I find

Just an old sweet song keeps Georgia on my mind.

Use by State of Georgia governed by 1979 agreement with Peer International Corporation. Copyright 1930 by Peer International Corporation. Copyright renewed. Used by permission.

(Ga. L. 1979, p. 1425.)

50-3-61. Official waltz.

The song "Our Georgia" is adopted as the official waltz of the State of Georgia.

(Ga. L. 1951, p. 842.)

50-3-62. Official butterfly.

The tiger swallowtail is designated as the official Georgia state butterfly.

(Code 1981, §50-3-62, enacted by Ga. L. 1988, p. 853, § 1.)

50-3-63. Official reptile.

The gopher tortoise is designated as the official Georgia state reptile.

(Code 1981, §50-3-63, enacted by Ga. L. 1989, p. 297, § 1.)

50-3-64. Official historic drama.

  1. The drama, The Reach of Song, is designated as the official historic drama of the State of Georgia.
  2. The Department of Economic Development and other public agencies and leaders in the tourism industry are encouraged to work together to maximize advertising programs which permit citizens of other states and nations to learn of the historic drama and to visit the State of Georgia for tourism purposes.

(Code 1981, §50-3-64, enacted by Ga. L. 1990, p. 157, § 1; Ga. L. 1994, p. 97, § 50; Ga. L. 2004, p. 690, § 24.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1990, Code Section 50-3-64, as enacted by Ga. L. 1990, p. 1131, § 1, was redesignated as Code Section 50-3-65.

50-3-65. Official vegetable.

The Vidalia Sweet Onion is designated as the official Georgia state vegetable.

(Code 1981, §50-3-65, enacted by Ga. L. 1990, p. 1131, § 1.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1990, Code Section 50-3-64, as enacted by Ga. L. 1990, p. 1131, § 1, was redesignated as Code Section 50-3-65.

50-3-66. State theater.

The Springer Opera House is designated as the official Georgia state theater.

(Code 1981, §50-3-66, enacted by Ga. L. 1992, p. 1633, § 1.)

Code Commission notes.

- Ga. L. 1992, p. 1633, § 1; Ga. L. 1992, p. 2363, § 1; and Ga. L. 1992, p. 2391, § 9 all enacted a Code Section 50-3-66. Pursuant to Code Section 28-9-5, the Code section enacted by Ga. L. 1992, p. 2363, § 1 has been redesignated as Code Section 50-3-67 and the Code section enacted by Ga. L. 1992, p. 2391, § 9 has been redesignated as Code Section 50-3-68.

50-3-67. Official state folk festival.

The Georgia Folk Festival is designated as the official Georgia state folk festival.

(Code 1981, §50-3-67, enacted by Ga. L. 1992, p. 2363, § 1.)

Code Commission notes.

- Ga. L. 1992, p. 1633, § 1; Ga. L. 1992, p. 2363, § 1; and Ga. L. 1992, p. 2391, § 9 all enacted a Code Section 50-3-66. Pursuant to Code Section 28-9-5, the Code section enacted by Ga. L. 1992, p. 2363, § 1 has been redesignated as Code Section 50-3-67 and the Code section enacted by Ga. L. 1992, p. 2391, § 9 has been redesignated as Code Section 50-3-68.

50-3-68. Official 'Possum.

Pogo 'Possum, created by Walt Kelly, is adopted as the official Georgia State 'Possum.

(Code 1981, §50-3-68, enacted by Ga. L. 1992, p. 2391, § 9.)

Code Commission notes.

- Ga. L. 1992, p. 1633, § 1; Ga. L. 1992, p. 2363, § 1; and Ga. L. 1992, p. 2391, § 9 all enacted a Code Section 50-3-66. Pursuant to Code Section 28-9-5, the Code section enacted by Ga. L. 1992, p. 2363, § 1 has been redesignated as Code Section 50-3-67 and the Code section enacted by Ga. L. 1992, p. 2391, § 9 has been redesignated as Code Section 50-3-68.

50-3-69. Official musical theatre.

  1. The "Peach State Summer Theatre" is designated as the official musical theatre of the State of Georgia.
  2. The Department of Economic Development and other public agencies and leaders in the tourism industry are encouraged to work together to maximize advertising programs which permit citizens of other states and nations to learn of the Peach State Summer Theatre and to visit the State of Georgia for tourism purposes.

(Code 1981, §50-3-69, enacted by Ga. L. 1993, p. 934, § 1; Ga. L. 2004, p. 690, § 25; Ga. L. 2006, p. 437, § 2/HB 343.)

Editor's notes.

- Ga. L. 1993, p. 934, § 2, not codified by the General Assembly, provides: "The Jekyll Island Authority and the University System of Georgia are commended for the exemplary cooperative efforts in creating the Jekyll Island Musical Theatre Festival, and they are encouraged to continue to support and develop this excellent program."

Ga. L. 2006, p. 437, § 1/HB 343, not codified by the General Assembly, provides: "WHEREAS, the partnership between Valdosta State University and the Jekyll Island Authority to produce the Jekyll Island Musical Theatre has been dissolved and Valdosta State University has moved its summer theatre program to the Valdosta State University campus as the Peach State Summer Theatre; and

"WHEREAS, the State of Georgia has recognized the importance of tourism to the economic and cultural well-being of its people through the establishment of the Department of Economic Development; and

"WHEREAS, the enhancement of tourist attractions in Georgia, which would encourage tourists to extend their stay in Georgia, benefits the state; and

"WHEREAS, many groups in the state are working to improve the quality of artistic and recreational experiences for Georgia residents and for out-of-state tourists as well; and

"WHEREAS, the existence of musical theatre is a vital component of the artistic and cultural life of Georgia; and Georgia is committed to encourage and support artists' activities of the highest quality for the enjoyment and enrichment of the citizens; and

"WHEREAS, Valdosta State University, a unit of the University System of Georgia, has received a Regents' Award for Excellence in the Theatre and has a 15 year history of producing the Jekyll Island Musical Theatre Festival, a professional repertory musical theatre company; and

"WHEREAS, Valdosta State University is moving its summer theatre to Valdosta, Georgia, and will continue to present musical theatre of outstanding artistry to residents and tourists; and

"WHEREAS, that summer theatre is named the Peach State Summer Theatre in celebration of the State of Georgia."

50-3-70. Official state fruit.

The peach is designated as the official Georgia state fruit.

(Code 1981, §50-3-70, enacted by Ga. L. 1995, p. 362, § 1.)

50-3-71. Poultry Capital of the World.

The State of Georgia is designated as the Poultry Capital of the World.

(Code 1981, §50-3-71, enacted by Ga. L. 1995, p. 365, § 1.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1995, this Code section, originally designated as Code Section 50-3-70 by Ga. L. 1995, p. 365, was redesignated as Code Section 50-3-71, since Code Section 50-3-70 had already been enacted by Ga. L. 1995, p. 362.

50-3-72. State crop; official state peanut monument.

  1. The peanut is designated as the official Georgia state crop.
  2. The peanut monument located in Turner County on the west side of Interstate Highway 75 within the limits of the City of Ashburn is designated the official state peanut monument.

(Code 1981, §50-3-72, enacted by Ga. L. 1995, p. 934, § 1; Ga. L. 1998, p. 588, § 1.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1995, this Code section, originally designated as Code Section 50-3-70 by Ga. L. 1995, p. 934, was redesignated as Code Section 50-3-72, since Code Section 50-3-70 had already been enacted by Ga. L. 1995, p. 362 and Ga. L. 1995, p. 365, the latter of which enactments was redesignated as Code Section 50-3-71.

50-3-73. Official folk dance.

Square dancing is designated as the official Georgia folk dance.

(Code 1981, §50-3-73, enacted by Ga. L. 1996, p. 662, § 1.)

50-3-74. Official railroad museum.

  1. The Central of Georgia Railroad Shops Complex in Savannah, Georgia, is designated as the official railroad museum of the State of Georgia.
  2. The Department of Economic Development and other public agencies and leaders in the tourism industry are encouraged to work together to maximize advertising programs which permit citizens of other states and nations to learn of the Central of Georgia Railroad Shops Complex and to visit the State of Georgia for tourism purposes.

(Code 1981, §50-3-74, enacted by Ga. L. 1996, p. 801, § 1; Ga. L. 2004, p. 690, § 26.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1996, this Code section, originally designated as Code Section 50-3-70 by Ga. L. 1996, p. 801, § 1, was redesignated as Code Section 50-3-74, since a Code Section 50-3-70 already existed.

50-3-75. Official beef barbecue championship cookoff; official pork barbecue championship cookoff.

  1. The Hawkinsville Civitan Club's "Shoot the Bull" barbecue championship is designated as the official state beef barbecue championship cookoff.
  2. The Dooly County Chamber of Commerce's "Slosheye Trail Big Pig Jig" is designated as the official state pork barbecue championship cookoff.

(Code 1981, §50-3-75, enacted by Ga. L. 1997, p. 588, § 1.)

50-3-76. Official tartan.

  1. The Georgia tartan is designated as the official tartan of Georgia.
  2. The Georgia tartan is that tartan accredited in Certificate Number 96027 by the Council of the Scottish Tartans Society of Scotland and is described as follows: 72 green, 4 black, 4 green, 4 black, 6 green, 24 black, 20 azure, 40 red.

(Code 1981, §50-3-76, enacted by Ga. L. 1997, p. 1557, § 1.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1997, this Code section, enacted as Code Section 50-3-75, was redesignated as Code Section 50-3-76.

50-3-77. Official state transportation history museum designated; maximization of advertising programs.

  1. The Southeastern Railway Museum in Duluth, Georgia, is designated as the official state transportation history museum.
  2. The Department of Economic Development and other public agencies and leaders in the tourism industry are encouraged to work together to maximize advertising programs which permit citizens of other states and nations to learn of the Southeastern Railway Museum and to visit this state for tourism purposes.

(Code 1981, §50-3-77, enacted by Ga. L. 2000, p. 766, § 1; Ga. L. 2004, p. 690, § 27.)

Cross references.

- Railroad companies, T. 46, C. 8.

50-3-78. State official prepared food.

Grits are recognized as the official prepared food of the State of Georgia.

(Code 1981, §50-3-78, enacted by Ga. L. 2002, p. 453, § 2.)

50-3-79. Official center for character education.

The Mighty Eighth Air Force Heritage Museum is designated as an official State of Georgia center for character education.

(Code 1981, §50-3-79, enacted by Ga. L. 2003, p. 501, § 1.)

Editor's notes.

- Ga. L. 2004, p. 156, § 1, which enacted new Code Section 50-3-79 which was identical to Code Section 50-3-80, was treated as having reenacted Code Section 50-3-80.

Cross references.

- Comprehensive character education program, § 20-2-145.

50-3-80. Official Frontier and Southeastern Indian Interpretive Center.

The Funk Heritage/Bennett Center at Reinhardt College in Waleska, Georgia, is designated as Georgia's official Frontier and Southeastern Indian Interpretive Center.

(Code 1981, §50-3-80, enacted by Ga. L. 2003, p. 501, § 1; Ga. L. 2004, p. 156, § 1.)

Editor's notes.

- Ga. L. 2004, p. 156, § 1, which enacted a new Code Section 50-3-79 which was identical to this Code section, was treated as having reenacted this Code section.

50-3-81. Official amphibian.

The green tree frog is designated as the official Georgia state amphibian.

(Code 1981, §50-3-81, enacted by Ga. L. 2005, p. 316, § 2/SB 41.)

Editor's notes.

- Ga. L. 2005, p. 316, § 1/SB 41, not codified by the General Assembly, provides that: "The General Assembly finds and determines that:

"(1) The green tree frog's (hyla cinerea) habitat includes nearly all of Georgia, so virtually all Georgians are familiar with it or have a great opportunity to see its conspicuous bright color and striped markings;

"(2) Large aggregations of calling males create conspicuous and characteristic nighttime choruses during the warm months;

"(3) All other major groups of wildlife, including mammals, birds, reptiles, fish, insects, trees, and wildflowers, are represented by state symbols, and amphibians are a crucial link in the state's ecosystem;

"(4) Official recognition of a state amphibian could help correct the false impression that amphibians and reptiles are one and the same;

"(5) The State of Georgia is home to 85 different species of amphibians, which gives it the distinction of having the second greatest amphibian diversity of any state in the United States behind North Carolina;

"(6) Well-publicized world-wide decline of amphibians has become a major conservation concern and the exclusion of amphibians from our official state symbols list could possibly contribute to a sense of complacency towards this loss of biota;

"(7) Amphibians are excellent indicators of water and air quality due to their porous skin and habit of moving between aquatic and terrestrial habitats, and declines in their numbers can serve as early warning signs that environmental conditions may be deteriorating in localized areas; and

"(8) Establishing an official state amphibian is necessary to fully recognize our diverse wildlife and the green tree frog is deserving of the attention and appreciation of the citizens of this state by designation as the official state amphibian."

50-3-82. Official cold water game fish.

The Southern Appalachian brook trout is designated as the official Georgia cold water game fish.

(Code 1981, §50-3-82, enacted by Ga. L. 2006, p. 678, § 2/HB 1211.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2006, Code Section 50-3-82, as enacted by Ga. L. 2006, p. 823, § 1, was redesignated as Code Section 50-3-84. Code Sections 50-3-82 and 50-3-83 were enacted by Ga. L. 2006, p. 678, §§ 2, 3.

Editor's notes.

- Ga. L. 2006, p. 678, § 1/HB 1211, not codified by the General Assembly, provides that: "(a) The General Assembly finds and determines that:

"(1) The Southern Appalachian brook trout is one of nature's most exquisite forms of art with its brilliant colors and intricate patterns;

"(2) The Southern Appalachian brook trout makes its home in the clean, cold, crystal clear waters of the North Georgia mountains and is Georgia's only native Salmonid species;

"(3) Throughout our state's history, our citizens have prized the Southern Appalachian brook trout for its tasty flesh and plentiful numbers;

"(4) Over the past century, however, extensive logging has decimated brook trout waters through sedimentation and erosion of habitat and, when nonnative trout were stocked to replace lost populations, the brook trout could not compete and were driven to higher elevation streams where they remain today;

"(5) The brook trout is also subject to harm today from acid rain that is deposited in the high mountains and ridges of our state from air pollution;

"(6) The protection of the Southern Appalachian brook trout has become a major conservation concern and the inclusion of the Southern Appalachian brook trout in our official state symbols list could possibly contribute to the efforts to protect this magnificent state natural resource;

"(7) The Southern Appalachian brook trout is an excellent indicator of water and air quality and declines in their numbers can serve as early warning signs that environmental conditions may be deteriorating in our watersheds; and

"(8) Establishing an official state cold water game fish is necessary to fully recognize our diverse wildlife and the Southern Appalachian brook trout is deserving of the attention and appreciation of the citizens of this state by designation as the official state cold water fish.

"(b) The General Assembly further finds and declares as follows:

"(1) The red drum, also known as redfish, spottail bass, and channel bass, is highly prized by Georgia's citizens as a worthy adversary on the end of a fishing line and an epicurean delight on the table;

"(2) A visually stunning specimen of marine life, the red drum varies in color from a pale pink to a deep bronze. The false-eye spot found near the tail is a unique characteristic as is the powder blue markings on the fringe of the tail;

"(3) The red drum is found from the smallest tidal creek to the crashing surf on lonely barrier islands to the depths of the Atlantic Ocean and thus is symbolic of the link between the diversity of habitats found along Georgia's coast;

"(4) A long-lived species, red drum are known to reach an age in excess of 50 years. A single female may produce billions of eggs over a lifetime;

"(5) Prior to the mid-1980's, Georgia's red drum population was in jeopardy from the over harvesting of immature fish and adults;

"(6) State biologists and concerned anglers saw the need for conservation of this magnificent species and advocated for the first harvest regulations implemented by the General Assembly in 1986;

"(7) Year in and year out, red drum rank among the top three species caught and kept by Georgia salt-water anglers. Georgia's human population continues to increase and the number of salt-water anglers seeking red drum increase along with it;

"(8) Because of the red drum's importance to Georgia anglers, the landmark Peach State Reds Initiative will investigate the feasibility of using hatchery reared red drum as a fishery management tool while providing additional much needed science based information;

"(9) A survey of the Coastal Conservation Association of Georgia's membership revealed that nearly 50 percent were in favor of the red drum becoming Georgia's state salt-water fish; and

"(10) Establishing an official state salt-water fish is necessary to fully recognize the importance of our coastal fisheries to our state, and the red drum is deserving of the attention and appreciation of the citizens of this state by designation as the official state salt-water fish."

50-3-83. Official salt-water fish.

The red drum is designated as the official Georgia salt-water fish.

(Code 1981, §50-3-83, enacted by Ga. L. 2006, p. 678, § 3/HB 1211.)

Editor's notes.

- Ga. L. 2006, p. 678, § 1/HB 1211, not codified by the General Assembly, provides that: "(a) The General Assembly finds and determines that:

"(1) The Southern Appalachian brook trout is one of nature's most exquisite forms of art with its brilliant colors and intricate patterns;

"(2) The Southern Appalachian brook trout makes its home in the clean, cold, crystal clear waters of the North Georgia mountains and is Georgia's only native Salmonid species;

"(3) Throughout our state's history, our citizens have prized the Southern Appalachian brook trout for its tasty flesh and plentiful numbers;

"(4) Over the past century, however, extensive logging has decimated brook trout waters through sedimentation and erosion of habitat and, when nonnative trout were stocked to replace lost populations, the brook trout could not compete and were driven to higher elevation streams where they remain today;

"(5) The brook trout is also subject to harm today from acid rain that is deposited in the high mountains and ridges of our state from air pollution;

"(6) The protection of the Southern Appalachian brook trout has become a major conservation concern and the inclusion of the Southern Appalachian brook trout in our official state symbols list could possibly contribute to the efforts to protect this magnificent state natural resource;

"(7) The Southern Appalachian brook trout is an excellent indicator of water and air quality and declines in their numbers can serve as early warning signs that environmental conditions may be deteriorating in our watersheds; and

"(8) Establishing an official state cold water game fish is necessary to fully recognize our diverse wildlife and the Southern Appalachian brook trout is deserving of the attention and appreciation of the citizens of this state by designation as the official state cold water fish.

"(b) The General Assembly further finds and declares as follows:

"(1) The red drum, also known as redfish, spottail bass, and channel bass, is highly prized by Georgia's citizens as a worthy adversary on the end of a fishing line and an epicurean delight on the table;

"(2) A visually stunning specimen of marine life, the red drum varies in color from a pale pink to a deep bronze. The false-eye spot found near the tail is a unique characteristic as is the powder blue markings on the fringe of the tail;

"(3) The red drum is found from the smallest tidal creek to the crashing surf on lonely barrier islands to the depths of the Atlantic Ocean and thus is symbolic of the link between the diversity of habitats found along Georgia's coast;

"(4) A long-lived species, red drum are known to reach an age in excess of 50 years. A single female may produce billions of eggs over a lifetime;

"(5) Prior to the mid-1980's, Georgia's red drum population was in jeopardy from the over harvesting of immature fish and adults;

"(6) State biologists and concerned anglers saw the need for conservation of this magnificent species and advocated for the first harvest regulations implemented by the General Assembly in 1986;

"(7) Year in and year out, red drum rank among the top three species caught and kept by Georgia salt-water anglers. Georgia's human population continues to increase and the number of salt-water anglers seeking red drum increase along with it;

"(8) Because of the red drum's importance to Georgia anglers, the landmark Peach State Reds Initiative will investigate the feasibility of using hatchery reared red drum as a fishery management tool while providing additional much needed science based information;

"(9) A survey of the Coastal Conservation Association of Georgia's membership revealed that nearly 50 percent were in favor of the red drum becoming Georgia's state salt-water fish; and

"(10) Establishing an official state salt-water fish is necessary to fully recognize the importance of our coastal fisheries to our state, and the red drum is deserving of the attention and appreciation of the citizens of this state by designation as the official state salt-water fish."

50-3-84. Official designation of First Mural City.

  1. The City of Colquitt is designated as Georgia's First Mural City.
  2. The Department of Economic Development and other public agencies and leaders in the tourism industry are encouraged to work together to maximize advertising programs which permit citizens of other states and nations to learn of Georgia's First Mural City and to visit the State of Georgia for tourism purposes.

(Code 1981, §50-3-84, enacted by Ga. L. 2006, p. 823, § 1/SB 484.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2006, Code Section 50-3-82, as enacted by Ga. L. 2006, p. 823, § 1, was redesignated as Code Section 50-3-84. Code Sections 50-3-82 and 50-3-83 were enacted by Ga. L. 2006, p. 678, §§ 2, 3.

50-3-85. Official Georgia historical civil rights museum.

The Ralph Mark Gilbert Civil Rights Museum is designated an official Georgia historical civil rights museum.

(Code 1981, §50-3-85, enacted by Ga. L. 2009, p. 207, § 3/SB 27.)

Editor's notes.

- Ga. L. 2009, p. 207, § 1/SB 27, not codified by the General Assembly, provides that: "WHEREAS, the Ralph Mark Gilbert Civil Rights Museum, recently named 'Georgia's Best New History Museum' by the Georgia Journal, is named in honor of the late Dr. Ralph Mark Gilbert. The father of Savannah's modern day Civil Rights Movement and fearless National Association for the Advancement of Colored People (NAACP) leader was known for much more than his outspoken campaigns for civil rights. He was a nationally known orator, pulpiteer, and playwright, producing religious dramas, known as passion plays, throughout the country; and

"WHEREAS, Dr. Gilbert served as pastor of historic First African Baptist Church on Franklin Square in Savannah for 16 years. In 1942, he reorganized the Savannah Branch NAACP, served as president for eight years and convened the first state conference. Branches from Savannah, Brunswick, Dublin, Atlanta, Columbus, Macon, Albany and three other branches whose identities are uncertain, attended and elected Rev. Ralph Mark Gilbert president. Under his courageous leadership, more than forty NAACP branches were organized in Georgia by 1950; and

"WHEREAS, Georgia's best new history museum chronicles the civil rights struggle of Georgia's oldest African American community from slavery to the present. Three floors of handsome photographic and interactive exhibits, includes an NAACP Organization exhibit, a fiber optic map of 87 significant civil rights sites/events, a lunch counter where 'sit ins' occurred, segregation exhibits, and video presentation are all part of the continuous education of the public on the history of the civil rights struggle in Savannah and Georgia. The museum is located in historic Savannah in a five level building that was erected in 1914 as the Wage Earners Savings and Loan Bank for Black Savannahians, the largest Black bank in the country at that time."

50-3-86. Designation as Purple Heart state.

Georgia is designated as a "Purple Heart State," honoring our combat wounded veterans for their service and sacrifice in allowing the United States of America to maintain its sovereignty.

(Code 1981, §50-3-86, enacted by Ga. L. 2014, p. 758, § 2/SB 276.)

Effective date.

- This Code section became effective July 1, 2014.

Cross references.

- Purple Heart Day, § 1-4-21.

50-3-87. Official state mammal.

The white-tailed deer (Odocoileus virginianus) is designated as the official Georgia state mammal.

(Code 1981, §50-3-87, enacted by Ga. L. 2015, p. 129, § 1/HB 70.)

Effective date.

- This Code section became effective July 1, 2015.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2016, Code Section 50-3-87, as enacted by Ga. L. 2016, p. 212, § 2/SB 168, was redesignated as Code Section 50-3-88.

50-3-88. Definitions; adoptable dog designated as the official state dog.

  1. As used in this Code section, the term:
    1. "Adoptable dog" means any dog in the custody of any animal shelter, humane society, or public or private animal refuge that is available for adoption by the general public.
    2. "Animal shelter" shall have the same meaning as set forth in Code Section 4-14-2.
    3. "Humane society" shall have the same meaning as set forth in Code Section 4-14-2.
    4. "Public or private animal refuge" shall have the same meaning as set forth in Code Section 4-14-2.
  2. The adoptable dog is designated as the official Georgia state dog.

(Code 1981, §50-3-88, enacted by Ga. L. 2016, p. 212, § 2/SB 168; Ga. L. 2017, p. 774, § 50/HB 323.)

Effective date.

- This Code section became effective July 1, 2016.

The 2017 amendment, effective May 9, 2017, part of an Act to revise, modernize, and correct the Code, substituted "As used in this Code section, the term:" for "As used in this Code section:" in the introductory language of subsection (a).

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2016, Code Section 50-3-87, as enacted by Ga. L. 2016, p. 212, § 2/SB 168, was redesignated as Code Section 50-3-88.

Editor's notes.

- Ga. L. 2016, p. 212, § 2/SB 168, not codified by the General Assembly, provides that: "The General Assembly finds and declares as follows:

"(1) The National Council on Pet Population Study and Policy estimates that a majority of animals taken into shelters are euthanized;

"(2) Thousands of dogs and cats are currently available for adoption in Georgia animal shelters, humane societies, and private rescue groups;

"(3) Responsible pet ownership that includes spay and neuter of dogs and cats not being actively bred by owners will reduce the number of unwanted dogs and cats that are euthanized in Georgia every year;

"(4) The State of Georgia wishes to promote responsible stewardship of dogs and cats; and

"(5) The State of Georgia wishes to promote animal rescue and adoption."

ARTICLE 4 OFFICIAL STATE LANGUAGE

50-3-100. English designated as official language; constitutional rights not denied; authorization for documents and forms in other languages; exceptions.

  1. The English language is designated as the official language of the State of Georgia. The official language shall be the language used for each public record, as defined in Code Section 50-18-70, and each public meeting, as defined in Code Section 50-14-1, and for official Acts of the State of Georgia, including those governmental documents, records, meetings, actions, or policies which are enforceable with the full weight and authority of the State of Georgia.
  2. This Code section shall not be construed in any way to deny a person's rights under the Constitution of Georgia or the Constitution of the United States or any laws, statutes, or regulations of the United States or of the State of Georgia as a result of that person's inability to communicate in the official language.
  3. State agencies, counties, municipal corporations, and political subdivisions of this state are authorized to use or to print official documents and forms in languages other than the official language, at the discretion of their governing authorities. Documents filed or recorded with a state agency or with the clerk of a county, municipal corporation, or political subdivision must be in the official language or, if the original document is in a language other than the official language, an English translation of the document must be simultaneously filed.
  4. The provisions of subsection (a) of this Code section shall not apply:
    1. When in conflict with federal law;
    2. When the public safety, health, or justice requires the use of other languages;
    3. To instruction designed to teach the speaking, reading, or writing of foreign languages;
    4. To instruction designed to aid students with limited English proficiency in their transition and integration into the education system of the state; and
    5. To the promotion of international commerce, tourism, sporting events, or cultural events.

(Code 1981, §50-3-100, enacted by Ga. L. 1996, p. 1631, § 1; Ga. L. 2002, p. 415, § 50.)

Cross references.

- Program for limited-English-proficient students, § 20-2-156.

English version of insurance policy controls, § 33-1-22.

Municipalities prohibited from restricting the use of language other than English on signs for privately owned businesses, § 36-35-6.1.

Examinations to be conducted in English, § 43-34-26.

Editor's notes.

- By resolution (Ga. L. 1986, p. 529), the General Assembly designated the English language as the official language of the State of Georgia.

Law reviews.

- For review of 1996 state government legislation, see 13 Ga. U.L. Rev. 320 (1996).

OPINIONS OF THE ATTORNEY GENERAL

Resolution (Ga. L. 1986, p. 529) adopting English as the official language of the State of Georgia has the force and effect of law. 1995 Op. Att'y Gen. No. U95-16.

RESEARCH REFERENCES

Am. Jur. 2d.

- 17 Am. Jur. 2d, Consumer and Borrower Protection, § 16.

C.J.S.

- 3A C.J.S., Aliens, § 1788.

ARTICLE 5 HONORING REVEREND MARTIN LUTHER KING, JR.

Effective date.

- This article became effective July 1, 2014.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2014, Code Section 50-3-105 as enacted by Ga. L. 2014, p. 839, § 1/HB 702 was redesignated as Code Section 50-3-110 and Article 5 was redesignated as Article 6.

50-3-105. Creation and placement of statue.

  1. There shall be placed upon the capitol grounds of the state capitol building or in another prominent place a statue of the Reverend Martin Luther King, Jr., subject to the availability of private funds for such purpose.
  2. Unless public safety concerns warrant postponement, such monument shall be procured and placed as soon as practicable but not before the state has been granted any intellectual property license necessary for purposes of this Code section.

(Code 1981, §50-3-105, enacted by Ga. L. 2014, p. 806, § 1/HB 1080.)

ARTICLE 6 RELIGIOUS LIBERTY MONUMENT

Effective date.

- This article became effective July 1, 2014.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2014, Code Section 50-3-105 as enacted by Ga. L. 2014, p. 839, § 1/HB 702 was redesignated as Code Section 50-3-110 and Article 5 was redesignated as Article 6.

50-3-110. Monument placement; committee established; use of public funds prohibited.

  1. Subject to the availability of funds, there shall be placed within the capitol building or grounds a historic granite monument depicting:
    1. The Preamble to the Georgia Constitution;
    2. The part of the Declaration of Independence which states that "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness."; and
    3. The Ten Commandments.
    1. Such monument shall be designed, procured, and placed by the Capitol Art Standards Commission, subject to final approval by a monument committee composed of the following members of the General Assembly:
      1. Two members of the House of Representatives appointed by the Speaker of the House of Representatives;
      2. Two members of the Senate appointed by the Lieutenant Governor; and
      3. One member from each house of the General Assembly appointed by the Governor.
    2. The monument committee established pursuant to this subsection shall stand abolished upon placement of such monument.
  2. No public funds shall be expended for the design or procurement of such monument. Gifts and donations from private individuals, organizations, or foundations shall be accepted and expended by the Capitol Art Standards Commission to carry out the requirements of this Code section.

(Code 1981, §50-3-110, enacted by Ga. L. 2014, p. 839, § 1/HB 702.)

CHAPTER 4 ORGANIZATION OF EXECUTIVE BRANCH GENERALLY

50-4-1. Definitions.

Unless otherwise required by context, as used in this Code when related to the executive branch of state government, the term:

  1. "Administrative" means those functions related to the specific implementation of general policies.
  2. "Agency" means any officer, department, division, bureau, board, commission, or agency in the executive branch of state government.
  3. "Constitution" means the Constitution of Georgia.
  4. "Department" means a principal, functional, and administrative entity and its divisions within the executive branch of state government provided for by the "Executive Reorganization Act of 1972" or by any subsequent enactment except when used in connection with the name of an agency existing before July 1, 1972.
  5. "Department head" means a director, commission, board, commissioner, or constitutional officer or such other official in charge of a department.
  6. "Function" means a duty, power, or program exercised by or assigned to an agency, whether or not specifically provided for by law, including budgeted positions and personnel relating to the performance of such function unless otherwise provided.
  7. "Policy" or "policy making" means those functions related to establishing the general direction which programs of an agency shall take.
  8. "Unit" means an internal subdivision of an agency, created by statute or by administrative action, including a division, bureau, section, or department or an agency assigned to a department for administrative purposes only as provided in Code Section 50-4-3.

(Ga. L. 1972, p. 1015, § 1C; Ga. L. 1983, p. 3, § 66.)

JUDICIAL DECISIONS

Cited in Bliss v. Cobb County, 599 F. Supp. 233 (N.D. Ga. 1984); Phillips v. Hawthorne, 269 Ga. 9, 494 S.E.2d 656 (1998).

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, § 1 et seq. 72 Am. Jur. 2d, States, Territories, and Dependencies, §§ 1, 64.

50-4-2. Internal structure of departments.

For its internal structure, each department shall adhere to the following standard terms:

  1. The principal unit of a department is a division. Each division shall be headed by a director or deputy, except as otherwise provided; and
  2. The principal unit of a division is a section. Each section shall be headed by a supervisor.

(Ga. L. 1972, p. 1015, § 2.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, §§ 1, 7. 72 Am. Jur. 2d, States, Territories, and Dependencies, § 64.

C.J.S.

- 73 C.J.S., Public Administrative Law and Procedure, § 30 et seq. 81A C.J.S., States, §§ 73, 74, 157 et seq.

50-4-3. Assignment for administrative purposes only; authorities to retain separate identities.

  1. An agency assigned to a department for administrative purposes only shall:
    1. Exercise its quasi-judicial, rule-making, licensing, or policy-making functions independently of the department and without approval or control of the department;
    2. Prepare its budget, if any, and submit its budgetary requests, if any, through the department; and
    3. Hire its own personnel if authorized by the Constitution of this state or by statute or if the General Assembly provides or authorizes the expenditure of funds therefor.
  2. The department to which an agency is assigned for administrative purposes only shall:
    1. Provide record keeping, reporting, and related administrative and clerical functions for the agency;
    2. Disseminate for the agency required notices, rules, or orders adopted, amended, or repealed by the agency;
    3. Provide staff for the agency subject to paragraph (3) of subsection (a) of this Code section; and
    4. Include in the departmental budget the agency's budgetary request, if any, as a separate part of the budget and exactly as prepared and submitted to the department by the agency.
  3. Whenever any authority is assigned for administrative purposes, it means only that the state department through which the authority deals with the state shall be that department to which the authority is assigned. Any authority created by state law shall retain its separate identity as an instrumentality of the state and a public corporation. The department to which an authority is assigned is authorized, only with the approval of the authority, to perform for such authority any or all of the functions set forth in subsection (b) of this Code section.

(Ga. L. 1972, p. 1015, § 3.)

JUDICIAL DECISIONS

Cited in Fouche v. Jekyll Island-State Park Auth., 713 F.2d 1518 (11th Cir. 1983); Shepard v. Byrd, 581 F. Supp. 1374 (N.D. Ga. 1984); Aaron v. Jekyll Island-State Park Authority, 348 Ga. App. 332, 822 S.E.2d 829 (2019).

OPINIONS OF THE ATTORNEY GENERAL

Hiring and discharging employees.

- State Board of Pardons and Paroles may hire and discharge employees required in performance of the board's quasi-judicial functions. 1975 Op. Att'y Gen. No. 75-35.

Department of Corrections without authority to assign staff to board.

- Since the State Board of Pardons and Paroles has statutory authority to hire the board's own personnel to assist the board in carrying out the board's quasi-judicial functions, the Department of Offender Rehabilitation (now Corrections) is not authorized to assign staff to the State Board of Pardons and Paroles as pre-parole investigators. 1975 Op. Att'y Gen. No. 75-35.

Staff to be provided to Children's Trust Fund Commission.

- Department of Human Resources is authorized to provide staff and existing departmental resources to the State Children's Trust Fund Commission whenever practicable. When it is not practicable for the department or other participating departments to provide staff or resources, then the commission, with the approval of the Governor, is authorized to employ and discharge the commission's own personnel. 1990 Op. Att'y Gen. No. 90-35.

Transfer of advisory council on vocational education by Governor.

- Governor may not transfer advisory council on vocational education from Department of Education for fiscal and administrative purposes to the Office of Planning and Budget. 1974 Op. Att'y Gen. No. U74-61.

Altering fiscal agent for advisory council.

- Function of fiscal agent for the advisory council on vocational education is a responsibility accruing to the Department of Education and alterable only by action of the General Assembly. 1974 Op. Att'y Gen. No. U74-61.

Preparation of affirmative action programs.

- Department of Public Safety is not responsible for preparing affirmative action programs for agencies assigned to the department for administrative purposes only. The essence of assignment is to benefit the assigned agency, which is normally smaller than the agency to which it is assigned. The assigned agency gets the benefit of the larger agency's financial and administrative staff, but does not lose any of the agency's independent authority or control with regard to carrying out the agency's duties. 1980 Op. Att'y Gen. No. 80-147.

RESEARCH REFERENCES

Am. Jur. 2d.

- 72 Am. Jur. 2d, States, Territories, and Dependencies, § 64.

C.J.S.

- 73 C.J.S., Public Administrative Law and Procedure, § 10 et seq. 81A C.J.S., States, §§ 73, 74, 157 et seq.

50-4-4. Advisory councils.

A department head or the Governor may create advisory councils. Any other official or agency of the executive branch of state government may also create advisory councils but only if federal laws or regulations require that the official or agency create the advisory council as a condition to the receipt of federal funds. Advisory councils may be created only for the purpose of acting in an advisory capacity. Unless otherwise provided by law, any such advisory council shall have a definite termination date in the instrument creating it, such date not to extend beyond the term of the Governor holding office at the time of the creation of the council.

(Ga. L. 1972, p. 1015, § 28.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, §§ 42 et seq., 139, 144, 230 et seq., 241. 72 Am. Jur. 2d, States, Territories, and Dependencies, § 22.

C.J.S.

- 73 C.J.S., Public Administrative Law and Procedure, §§ 10 et seq., 32 et seq. 81A C.J.S., States, §§ 73, 74, 145 et seq., 254 et seq.

73A C.J.S., Public Administrative Law and Procedure, § 295 et seq.

50-4-5. Contract by executive branch unit for privatization; notice.

  1. As used in this Code section, the term:
    1. "Institution" means any physical facility operated by the executive branch of state government which is used in the delivery of any governmental services and which has an annual operating budget in excess of $1 million.
    2. "Program" means any program operated by the executive branch of state government at a cost in excess of $5 million per year.
  2. Before any department, agency, authority, or other unit of the executive branch enters into any contract to privatize the operation of any institution or program, the department, agency, authority, or other unit shall give written notice of the proposed privatization to the President of the Senate, the Speaker of the House, and the appropriate legislative overview committee, if any. Such notice shall be given at least 60 days prior to entering into the contract to privatize the operation of the institution or program.
  3. This Code section shall not apply with respect to any privatization effort begun prior to July 1, 1997, or to the renewal of any contract or agreement for the privatization of an institution or program.

(Code 1981, §50-4-5, enacted by Ga. L. 1997, p. 691, § 1.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1997, "July 1, 1997," was substituted for "the effective date of this Code section" in subsection (c).

RESEARCH REFERENCES

ALR.

- Privatization of governmental services by state or local governmental agency, 65 A.L.R.5th 1.

50-4-6. Contract between state agency and private provider for operation of institution under control of agency; feasibility study.

  1. As used in this Code section, the term "institution" means any physical facility operated by the executive branch of state government which is used in the delivery of any governmental services and which has an annual operating budget in excess of $1 million.
  2. No contract between a state agency and a private provider or vendor for the operation of all or part of an institution under the control of the agency shall be entered into unless it is preceded by a feasibility study which makes the following findings:
    1. That the state employees who are employed in the operation of the institution prior to the transfer of operation to the private provider or vendor will have a reasonable opportunity to apply for continued employment either with the state or with the private provider or vendor; or
    2. That any state employees who are displaced or discharged from employment as a result of the transfer of operation to the private provider or vendor will be eligible for participation in an employment assistance program to be implemented by the state and coordinated by the Department of Labor and which shall be designed to assist such persons in securing other employment. The program shall include such educational programs, vocational skills programs, apprenticeship training programs, on-the-job training programs, job search and job development programs, and other occupational training or retraining programs as are determined by the Department of Labor to best promote the goals of employability and employment of such persons.

(Code 1981, §50-4-6, enacted by Ga. L. 1997, p. 1542, § 1.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1997, this Code section, enacted as Code Section 50-4-5, was redesignated as Code Section 50-4-6.

50-4-7. State service delivery regions.

  1. For the purpose of delivering state services to local units of government and citizens and for the purpose of establishing state agency regional boundaries, there are created 12 state service delivery regions as follows:
    1. State Service Delivery Region 1 shall be composed of Bartow, Catoosa, Chattooga, Dade, Fannin, Floyd, Gilmer, Gordon, Haralson, Murray, Paulding, Pickens, Polk, Walker, and Whitfield counties;
    2. State Service Delivery Region 2 shall be composed of Banks, Dawson, Forsyth, Franklin, Habersham, Hall, Hart, Lumpkin, Rabun, Stephens, Towns, Union, and White counties;
    3. State Service Delivery Region 3 shall be composed of Cherokee, Clayton, Cobb, DeKalb, Douglas, Fayette, Fulton, Gwinnett, Henry, and Rockdale counties;
    4. State Service Delivery Region 4 shall be composed of Butts, Carroll, Coweta, Heard, Lamar, Meriwether, Pike, Spalding, Troup, and Upson counties;
    5. State Service Delivery Region 5 shall be composed of Barrow, Clarke, Elbert, Greene, Jackson, Jasper, Madison, Morgan, Newton, Oconee, Oglethorpe, and Walton counties;
    6. State Service Delivery Region 6 shall be composed of Baldwin, Bibb, Crawford, Houston, Jones, Monroe, Peach, Pulaski, Putnam, Twiggs, and Wilkinson counties;
    7. State Service Delivery Region 7 shall be composed of Burke, Columbia, Glascock, Hancock, Jefferson, Jenkins, Lincoln, McDuffie, Richmond, Taliaferro, Warren, Washington, and Wilkes counties;
    8. State Service Delivery Region 8 shall be composed of Chattahoochee, Clay, Crisp, Dooly, Harris, Macon, Marion, Muscogee, Quitman, Randolph, Schley, Stewart, Sumter, Talbot, Taylor, and Webster counties;
    9. State Service Delivery Region 9 shall be composed of Appling, Bleckley, Candler, Dodge, Emanuel, Evans, Jeff Davis, Johnson, Laurens, Montgomery, Tattnall, Telfair, Toombs, Treutlen, Wayne, Wheeler, and Wilcox counties;
    10. State Service Delivery Region 10 shall be composed of Baker, Calhoun, Colquitt, Decatur, Dougherty, Early, Grady, Lee, Miller, Mitchell, Seminole, Terrell, Thomas, and Worth counties;
    11. State Service Delivery Region 11 shall be composed of Atkinson, Bacon, Ben Hill, Berrien, Brantley, Brooks, Charlton, Clinch, Coffee, Cook, Echols, Irwin, Lanier, Lowndes, Pierce, Tift, Turner, and Ware counties; and
    12. State Service Delivery Region 12 shall be composed of Bryan, Bulloch, Camden, Chatham, Effingham, Glynn, Liberty, Long, McIntosh, and Screven counties.
  2. This Code section shall not apply to or affect aging program planning and service areas, health districts, or mental health districts.

(Code 1981, §50-4-7, enacted by Ga. L. 1998, p. 1230, § 1; Ga. L. 1999, p. 789, § 3; Ga. L. 2005, p. 143, § 1/SB 144; Ga. L. 2010, p. 451, § 1/HB 1260.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2009, "McIntosh" was substituted for "Mcintosh" in paragraph (a)(12).

CHAPTER 5 DEPARTMENT OF ADMINISTRATIVE SERVICES

Article 1 General Provisions.
Article 2 Administrative Space Management [Repealed].
Article 3 State Purchasing.
Part 1 GENERAL AUTHORITY, DUTIES, AND PROCEDURE.
Part 2 LOCAL POLITICAL SUBDIVISION PURCHASES.
Part 3 SMALL BUSINESS ASSISTANCE.
Part 4 MINORITY BUSINESS ENTERPRISE DEVELOPMENT.
Part 5 STATE USE COUNCIL.
Article 4 Disposition of Surplus Property.
Article 5 Communication Services.
Cross references.

- Powers and duties of Department of Administrative Services regarding transportation services for officers and employees of state, T. 50, C. 19.

Juvenile Court forms, Uniform Rules for the Juvenile Courts of Georgia, Rule 3.8.

Maintenance by Juvenile Court of prescribed forms, Uniform Rules for the Juvenile Courts of Georgia, Rule 3.8(c).

ARTICLE 1 GENERAL PROVISIONS

50-5-1. Department created; commissioner appointed.

There is created a Department of Administrative Services. The department head is the commissioner. The commissioner shall be appointed by the Governor by and with the advice and consent of the Senate. The commissioner shall serve at the pleasure of the Governor and shall receive a salary to be set by the Governor.

(Ga. L. 1972, p. 1015, § 401; Ga. L. 1999, p. 910, § 6; Ga. L. 1999, p. 1213, § 9.)

Cross references.

- Power of commissioner to purchase liability insurance for public officers in regard to personal liability for damages arising out of performance of their duties, § 45-9-4.

Editor's notes.

- Ga. L. 1999, p. 910, § 6, amended this Code section. However, that amendment has been treated as superseded by Ga. L. 1999, p. 1213, § 9.

OPINIONS OF THE ATTORNEY GENERAL

Department of Administrative Services is the state manager for administrative aspects of the workers' compensation program and, as such, is the agent for each individual department or instrumentality in its relations with the State Board of Workers' Compensation. 1980 Op. Att'y Gen. No. 80-55.

Penalty assessable against department for failure to file timely injury reports.

- State Board of Workers' Compensation may legally assess a penalty against the Department of Administrative Services as the agent for other departments, instrumentalities, and authorities of the state if there is a refusal or willful neglect to file timely reports of injuries required by former Code 1933, § 114-716 (see O.C.G.A. § 34-9-12). 1980 Op. Att'y Gen. No. 80-55.

50-5-2 through 50-5-9.

Reserved. Repealed by Ga. L. 1993, p. 1402, § 1, effective July 1, 1993.

Editor's notes.

- Code Sections 50-5-2 through 50-5-9, relating to the fiscal division, the director thereof, and warrants for payment of state government expenses, have been repealed and reenacted as Code Sections 50-5A-1 through 50-5A-8, relating to the Office of Treasury and Fiscal Services (now Office of the State Treasurer).

50-5-10 and 50-5-11.

Reserved. Repealed by Ga. L. 2000, p. 249, § 3, effective July 1, 2000.

Editor's notes.

- Code Sections 50-5-10 and 50-5-11, relating to the Electronic Data Processing-Printing Committee and transfer of functions to the Department of Administrative Services, respectively, were based on Ga. L. 1972, p. 1015, §§ 4, 407; Ga. L. 1985, p. 708, § 21; Ga. L. 1986, p. 855, § 27.

50-5-12. Formulation of self-insurance program for workers' compensation for state employees; return to work program.

The Department of Administrative Services shall formulate and initiate a sound program of self-insurance for workers' compensation benefits for all employees of the state, including employees of authorities. In formulating the self-insurance program, the department is directed to establish a return to work program that promotes the return of an employee to employment by creating transitional employment prior to full recovery by providing temporary assignments for an employee that are meaningful and medically approved until the employee can return to his or her regularly assigned duties. If an agency or authority does not allow an employee to engage in transitional employment under the return to work program, the number of authorized positions in the budget for the agency or authority shall be decreased by the number of employees collecting workers' compensation not engaged in return to work employment for whom return to work plans have been developed.

(Ga. L. 1969, p. 234, § 1; Ga. L. 1972, p. 1015, § 406; Ga. L. 2008, p. 245, § 5/SB 425.)

Cross references.

- Group self-insurance programs for workers' compensation benefits generally, § 34-9-150 et seq.

OPINIONS OF THE ATTORNEY GENERAL

Administration of program.

- Director of department (now commissioner of administrative services) has authority to determine and prescribe how the state workers' compensation self-insurance program will be administered. 1969 Op. Att'y Gen. No. 69-477.

Payment of monetary supplement.

- Authority may pay its employees a monetary supplement to workers' compensation payments received by such employees under the state self-insurance program. 1974 Op. Att'y Gen. No. U74-76.

Access to claimant's file.

- Investigators employed by the Department of Administrative Services may legally have access to a state department's personnel file on a claimant for purposes of administering or defending a workers' compensation claim against that department. 1980 Op. Att'y Gen. No. 80-137.

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, §§ 230 et seq., 241. 82 Am. Jur. 2d, Workers' Compensation, §§ 1 et seq., 47, 155.

C.J.S.

- 81 C.J.S., States, §§ 224, 225, 256. 99 C.J.S., Workmen's Compensation, §§ 1 et seq., 230 et seq.

ALR.

- Workmen's compensation: power of commission to make award against self-insurer, 13 A.L.R. 1385.

Constitutionality of retroactive statute providing compensation for death in service of state, 28 A.L.R. 1100.

50-5-13. Extent, premiums, deductibles, benefit amounts, reserves, and excess coverage for self-insurance program; incentive programs authorized; deduction of unpaid amounts.

The department shall determine the amount and extent of self-insurance which the state can assume, the necessary reserves needed, the premiums to be charged and any deductibles to be paid by agencies and authorities, the amount of benefits to be paid within the scope of the workers' compensation statutes, and type of addition or excess insurance coverage that may be required. The department is further authorized to establish incentive programs including differential premium rates based on participation in loss control programs established by the department, increased or decreased deductibles based on participation in loss control programs established by the department, and the imposition of fines and penalties. If any premiums, deductibles, fines, or penalties are unpaid, the department is authorized to deduct any unpaid amounts from the nonpaying agency's or authority's continuation budget subject to the approval of the Office of Planning and Budget and deposit those funds into the workers' compensation trust fund provided for in Code Section 50-5-14.

(Ga. L. 1969, p. 234, § 1; Ga. L. 1972, p. 1015, § 406; Ga. L. 1982, p. 3, § 50; Ga. L. 2008, p. 245, § 6/SB 425.)

50-5-14. Authorization for Workers' Compensation Trust Fund to retain moneys as reserve; procedures for use of investment moneys.

In order to finance the continuing liability established with other agencies of state government, the Workers' Compensation Trust Fund is authorized to retain all moneys paid into the fund as premiums on policies of insurance and all moneys received as interest and all moneys received from other sources as a reserve for the payment of such liability and the expenses necessary to the proper conduct of such insurance program administered by the fund. Any amounts held by the Workers' Compensation Trust Fund which are available for investment shall be paid over to the Office of the State Treasurer. The state treasurer shall deposit such funds in a trust account for credit only to the Workers' Compensation Trust Fund. The state treasurer shall invest such funds subject to the limitations of Code Section 50-5A-7 and Chapter 17 of this title. All income derived from such investments shall accrue to the Workers' Compensation Trust Fund. When moneys are paid over to the Office of the State Treasurer, as provided in this Code section, the commissioner shall submit an estimate of the date such funds shall no longer be available for investment. When the commissioner wishes to withdraw funds from the trust account provided for in this Code section, he or she shall submit a request for such withdrawal, in writing, to the state treasurer.

(Ga. L. 1972, p. 350, § 1; Ga. L. 2000, p. 1474, § 8; Ga. L. 2010, p. 863, §§ 2, 3/SB 296.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 82 Am. Jur. 2d, Workers' Compensation, §§ 1 et seq., 47.

C.J.S.

- 99 C.J.S., Workmen's Compensation, § 1 et seq. 100 C.J.S., Workmen's Compensation, § 646 et seq.

ALR.

- Constitutionality of retroactive statute providing compensation for death in service of state, 28 A.L.R. 1100.

50-5-15. Provision of administrative services to local political subdivisions.

Any other provision of this chapter notwithstanding, the Department of Administrative Services is authorized to provide any administrative service which it normally provides to the various departments, agencies, and institutions of the state under the authority of this chapter to any local political subdivision within the state. The provision of one or more such administrative services to any or all political subdivisions shall be at the sole discretion of the commissioner of administrative services and such services shall only be rendered after a request for such services from the governing body of the local political subdivision.

(Code 1981, §50-5-15, enacted by Ga. L. 1983, p. 673, § 1; Ga. L. 1988, p. 1944, § 1.)

50-5-16. Liability insurance and self-insurance for state authorities; how program funded; incentive programs; incentive programs authorized; deduction of unpaid amounts; reserves.

  1. The commissioner of administrative services may establish a program of liability insurance and self-insurance for state authorities.
  2. State funds may be appropriated for the program, but the commissioner shall charge such premiums, deductibles, and other payments as the commissioner determines necessary or useful. The commissioner is further authorized to establish incentive programs including differential premium rates based on participation in loss control programs established by the department, increased or decreased deductibles based on participation in loss control programs established by the department, and the imposition of fines and penalties. If any premiums, deductibles, fines, or penalties are unpaid, the department is authorized to deduct any unpaid amounts from the nonpaying agency's or authority's continuation budget subject to the approval of the Office of Planning and Budget and deposit those funds into the reserve fund provided for in this Code section. From the funds available to the commissioner, the commissioner shall establish such reserves as the commissioner determines necessary, purchase commercial policies, employ consultants, and otherwise administer the program. Any amounts held by the liability insurance or self-insurance funds which are available for investment shall be paid over to the Office of the State Treasurer. The state treasurer shall deposit such funds in trust accounts for credit only to the liability insurance and self-insurance funds. The state treasurer shall invest the liability insurance and self-insurance funds subject to the limitations of Code Section 50-5A-7 and Chapter 17 of this title. All income derived from such investments shall accrue to the liability insurance and self-insurance funds. When moneys are paid over to the Office of the State Treasurer, as provided in this Code section, the commissioner shall submit an estimate of the date such funds shall no longer be available for investment. When the commissioner wishes to withdraw funds from the trust account provided for in this Code section, he or she shall submit a request for such withdrawal, in writing, to the state treasurer.
  3. The commissioner may generally provide for insurance or self-insurance under such terms and conditions as he determines, and he may provide for particular coverages and other terms and conditions of the unique exposures particular to one or more authorities. The commissioner may provide for endorsements for contract liability and, where necessary or convenient to the public functions of an authority, he may also provide for additional insureds.
  4. Where existing programs of insurance and self-insurance have been established among state authorities by contract, the commissioner may arrange with such authorities to replace the existing programs with such programs as he may establish. In doing so he may assume existing and potential liabilities of the established programs. To the extent that funds of the existing programs are not necessary for such purposes, the commissioner may agree to the refund of such funds.
  5. Nothing in this Code section or in any related act of the commissioner or the participating authorities shall be construed as waiving any immunity or privilege of any kind now or hereafter enjoyed by the state or the state authorities, including without limitation defenses under the Eleventh Amendment of the Constitution of the United States, sovereign immunity, or any other legal or factual defense, privilege, or immunity which the state or a participating authority may enjoy or assert. The intent of this authorization is to provide for protection only in the absence of such defenses.
  6. Similarly, nothing in this Code section or in any related act of the commissioner or participating authorities shall pledge or be deemed to pledge the credit of the state. No obligation shall arise beyond the limits of liability established by the commissioner or beyond such other terms and conditions as he may establish, and no obligation shall be imposed or created upon other funds of the state or upon other funds of the participating authorities.
  7. Nothing in the program of insurance or self-insurance shall cause one authority to be liable for claims of another or otherwise expose the assets of one authority to claims of liability respecting another authority.

(Code 1981, §50-5-16, enacted by Ga. L. 1987, p. 176, § 1; Ga. L. 1993, p. 1402, § 18; Ga. L. 1994, p. 97, § 50; Ga. L. 2000, p. 1474, § 9; Ga. L. 2008, p. 245, § 7/SB 425; Ga. L. 2010, p. 863, §§ 2, 3/SB 296.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1993, "the Office" was substituted for "its Office" in the last sentence in subsection (b).

50-5-17. Revenue from sale of surplus state equipment.

The Department of Administrative Services is authorized to retain in a reserve fund moneys generated from the sale of any surplus personal property pursuant to Article 4 of this chapter. Such funds may be used to cover any cost associated with disposing of the state's surplus personal property or such funds may, subject to the approval of the Office of Planning and Budget, be used to purchase personal property for the Department of Administrative Services or for any offices, agencies, departments, boards, bureaus, commissions, institutions, authorities, or other entities of the state government.

(Code 1981, §50-5-17, enacted by Ga. L. 1988, p. 1944, § 2; Ga. L. 2005, p. 117, § 25/HB 312.)

ARTICLE 2 ADMINISTRATIVE SPACE MANAGEMENT

50-5-30 through 50-5-39.

Reserved. Repealed by Ga. L. 2005, p. 100, § 1/SB 158, effective April 12, 2005.

Editor's notes.

- This article was based on Ga. L. 1976, p. 252, §§ 2-10; Ga. L. 1982, p. 3, § 50; Ga. L. 1985, p. 283, § 1; Ga. L. 1985, p. 949, § 1; Ga. L. 1988, p. 426, § 1; Ga. L. 1989, p. 1641, § 13; Ga. L. 1994, p. 1865, §§ 8-12; Ga. L. 1995, p. 1302, § 15; Ga. L. 1998, p. 128, § 50; Ga. L. 2004, p. 690, § 28.

ARTICLE 3 STATE PURCHASING

Cross references.

- Criminal penalty for sale by state officer or employee of personal property to state, § 16-10-6.

Criminal penalty for conspiracy in restraint of free and open competition in transactions with state, § 16-10-22.

Guidelines for purchase of textbooks or contracts to purchase textbooks, § 20-2-1014.

Purchase and issuance of military property generally, §§ 38-2-31,38-2-32.

Contracts by state or subdivision thereof for purchase, lease, or other acquisition of equipment and supplies from United States, and as to contracts between state and any political subdivision or municipality thereof for acquisition of property, § 50-16-81.

Editor's notes.

- By resolution (Ga. L. 1983, p. 598), the General Assembly adopted the temporary plan of operation developed by the Department of Administrative Services to serve as a permanent plan for the operation of the Federal Surplus Property Program in Georgia. (See 40 U.S.C. § 484.)

JUDICIAL DECISIONS

Unilateral modification of existing contracts unlawful.

- Contracting procedures for the State of Georgia are controlled by statute. There is no provision in the statute for any state employee to have the power to unilaterally modify existing contracts. Persons dealing with a public officer must take notice of the extent of the officer's powers. State v. U.S. Oil Co., 194 Ga. App. 1, 389 S.E.2d 498 (1989), cert. denied, 194 Ga. App. 912, 389 S.E.2d 498 (1990).

Competitive bidding.

- When there is no impediment to competitive bidding, the State Purchasing Act, O.C.G.A. Art. 3, Ch. 5, T. 50, and relevant rules mandate competitive bidding. The statutes and rules clearly mandate that procurers award contracts to the lowest responsible bidder whenever possible. Pataula Elec. Membership Corp. v. Whitworth, 951 F.2d 1238 (11th Cir.), cert. denied, 506 U.S. 907, 113 S. Ct. 302, 121 L. Ed. 2d 225 (1992).

Low bidder's constitutionally protected property interest.

- Any discretion to choose the lowest responsible bidder for a contract to provide electric service to a new prison did not preclude the lowest responsible bidder's claim to a constitutionally protected property interest in the award of the contract. Pataula Elec. Membership Corp. v. Whitworth, 951 F.2d 1238 (11th Cir.), cert. denied, 506 U.S. 907, 113 S. Ct. 302, 121 L. Ed. 2d 225 (1992).

PART 1 G ENERAL AUTHORITY, DUTIES, AND PROCEDURE

Cross references.

- Purchasing procedures for General Assembly, § 28-4-2.

JUDICIAL DECISIONS

General Assembly not subject to this part.

- The General Assembly is not subject to procedures for state purchasing under T. 50, C. 5, A. 3, P. 1. Harrison Co. v. Code Revision Com., 244 Ga. 325, 260 S.E.2d 30 (1979).

50-5-50. Purposes and policies of part.

The underlying purposes and policies of this part are:

  1. To permit the continued development of centralized procurement policies and practices;
  2. To control and reduce the cost of purchasing, leasing, renting, or otherwise procuring supplies, materials, services, and equipment through the use of centralized purchasing;
  3. To ensure openness and accessibility by all qualified vendors to the state's purchasing processes so as to achieve the lowest possible costs to the state through effective competition among such vendors;
  4. To provide for timely, effective, and efficient service to using agencies and to vendors doing business with the state;
  5. To ensure the fair and equitable treatment of all persons who deal with the procurement system of the state;
  6. To provide for increased public confidence in the procedures followed in public procurement; and
  7. To provide safeguards for the maintenance of a procurement system of quality and integrity.

(Ga. L. 1931, p. 7, § 2; Code 1933, § 40-1901; Ga. L. 1937, p. 503, § 1; Ga. L. 1939, p. 160, § 1; Ga. L. 1950, p. 280, § 1; Ga. L. 1955, p. 643, § 1; Ga. L. 1979, p. 659, § 1.)

Editor's notes.

- Ga. L. 1937, p. 503, § 3, not codified by the General Assembly, provided that nothing contained in the Act would be construed to interfere with or change the law with regard to the printing of the reports of the Supreme Court and the Court of Appeals of Georgia as is set forth in Art. 2 of Ch. 18 of this title.

Ga. L. 1979, p. 659, § 7, not codified by the General Assembly, provided that nothing in Code Sections 50-5-51, 50-5-57, 50-5-58, 50-5-67, and this Code section would be construed to affect, repeal, or limit the operation of either an Act known as the "Unemployment Compensation Law," approved March 29, 1937 (Code Section 34-8-1 et seq.), as amended, particularly by an Act approved March 31, 1976 (Code Section 34-8-153 et seq.), or an Act known as the "Executive Reorganization Act of 1972," approved April 6, 1972 (Ga. L. 1972, p. 1015).

Law reviews.

- For article advocating the inclusion of state purchasing regulations under the Georgia Administrative Procedure Act (Ch. 13, T. 50), see 1 Ga. St. B.J. 269 (1965).

JUDICIAL DECISIONS

Applicability to county.

- Long County is not subject to the competitive bidding provisions in O.C.G.A. § 50-5-50 et seq., setting forth the procurement policies and practices for the Department of Administrative Services. Strykr v. Long County Bd. of Comm'rs, 277 Ga. 624, 593 S.E.2d 348 (2004).

Rights of rejected bidder.

- Even in competitive sealed proposals under O.C.G.A. § 50-5-67(a), a rejected bidder who alleges the proposal was conducted in an arbitrary and unfair manner falls within the zone of interest to be protected by the procurement laws. Amdahl Corp. v. Georgia Dep't of Admin. Serv., 260 Ga. 690, 398 S.E.2d 540 (1990).

Cited in Harrison Co. v. Code Revision Comm'n, 244 Ga. 325, 260 S.E.2d 30 (1979); Diverse Power, Inc. v. Jackson, 285 Ga. 340, 676 S.E.2d 204 (2009).

50-5-51. Power, authority, and duty of department.

The Department of Administrative Services shall have the power and authority and it shall be the department's duty, subject to this part:

  1. To canvass all sources of supply and to contract for the lease, rental, purchase, or other acquisition of all supplies, materials, equipment, and services other than professional and personal employment services required by the state government or any of its offices, agencies, departments, boards, bureaus, commissions, institutions, or other entities of this state under competitive bidding in the manner and subject to the conditions provided for in this article;
  2. To establish and enforce standard specifications which shall apply to all supplies, materials, equipment, and services other than professional and personal employment services purchased or to be purchased for the use of the state government for any of its offices, agencies, departments, boards, bureaus, commissions, institutions, or other entities of the state;
  3. To contract for all electric light power, postal, and any and all other contractual purchases and needs of the state government or any of its offices, agencies, departments, boards, bureaus, commissions, institutions, or other entities of the state or in lieu of such contract to authorize any offices, agencies, departments, boards, bureaus, commissions, institutions, or other entities of the state to purchase or contract for any or all such services;
  4. To have general supervision of all storerooms and stores operated by the state government or any of its offices, agencies, departments, boards, bureaus, commissions, institutions, or other entities of the state; to provide for transfer or exchange to or between all state offices, agencies, departments, boards, bureaus, commissions, institutions, or other entities of the state or to sell all supplies, materials, and equipment which are surplus, obsolete, or unused; and to maintain inventories of all fixed property and of all movable equipment, supplies, and materials belonging to the state government or any of its offices, agencies, departments, boards, bureaus, commissions, institutions, or other entities of the state;
  5. To make provision for and to contract for all state printing, including all printing, binding, paper stock, and supplies or materials in connection with the same, except as provided in this part. For the purpose of obtaining bids on printing, it shall have the power to divide the printing into various classes and to provide stipulations and specifications therefor and advertise, receive bids, and contract separately for the various classes;
  6. To procure all fidelity bonds covering state officials and employees required by law or administrative directive to give such bonds; and, in order to provide the bonds at a minimum expense to the state, the bonds may be procured under a master policy or policies providing insurance agreements on a group or blanket coverage basis with or without deductibles or excess coverage over the state's retention as determined by the commissioner. Fidelity bonds covering state officials and employees which are procured pursuant to this paragraph shall expressly provide that all state officials and employees who are required by law to be bonded be named in the fidelity bond as insureds or beneficiaries under the terms of the fidelity bond. Inclusion of any state official, officer, or employee required by law or administrative directive to be specifically bonded in a master fidelity bond under the terms of this part shall satisfy any statutory requirement that the official, officer, or employee be bonded. Fidelity bonds procured pursuant to this paragraph shall also expressly provide for indemnification, out of the proceeds of the fidelity bonds, of all state officials and employees for any liability or expense of any nature resulting from a claim on the state official's or employee's bonds which is due to or as a result of an act of a subordinate of the state official or employee. In order to finance the continuing liability established with other agencies of state government, the commissioner is authorized to retain all moneys paid to the department as premiums on policies of insurance, all moneys received as interest, and all moneys received from other sources to set up and maintain a reserve for the payment of such liability and the expenses necessary to administer properly the insurance program. The commissioner is further authorized to establish incentive programs including differential premium rates based on participation in loss control programs established by the department, increased or decreased deductibles based on participation in loss control programs established by the department, and the imposition of fines and penalties. If any premiums, deductibles, fines, or penalties are unpaid, the department is authorized to deduct any unpaid amounts from the nonpaying agency's or authority's continuation budget subject to the approval of the Office of Planning and Budget and deposit those funds into the reserve fund provided for in this Code section. The commissioner shall invest the moneys in the same manner as other such moneys in his or her possession;
  7. To establish and operate the state agency for surplus property for the purpose of distributing surplus properties made available by the federal government under Pub. L. 152, 81st Congress, as amended, to institutions, organizations, agencies, and others as may be eligible to receive such surplus properties pursuant to applicable provisions of federal law. The commissioner may enter into or authorize the aforesaid state agency for surplus property to enter into cooperative agreements with the federal government for the use of surplus properties by the state agency. The commissioner is authorized to enter into contracts with other state, local, or federal agencies, or with other persons with respect to the construction, operation, maintenance, leasing, or rental of a facility for use by the state agency. Further, the commissioner may acquire real or personal property for such purposes;
  8. To delegate, in the department's discretion, to medical facilities under the jurisdiction of the Board of Regents for the University System of Georgia the ability to purchase medical equipment and medical supplies necessary for medical teaching purposes;
  9. To enter into or authorize agreements with private nonprofit organizations or other states and their political subdivisions to effectuate the purposes and policies of this chapter;
  10. To collect, retain, and carry over from year to year in a reserve fund any moneys, rebates, or commissions payable to the state that are generated by supply contracts established pursuant to Code Section 50-5-57; and
  11. To conduct the procurement of all technology resource purchases not exempted from competitive bidding requirements in accordance with the technology standards and specifications established by the Georgia Technology Authority.

(Ga. L. 1931, p. 7, § 3; Code 1933, § 40-1902; Ga. L. 1937, p. 503, § 2; Ga. L. 1943, p. 406, § 1; Ga. L. 1960, p. 78, § 1; Ga. L. 1960, p. 1098, § 1; Ga. L. 1962, p. 644, § 1; Ga. L. 1974, p. 504, § 1; Ga. L. 1975, p. 672, § 1; Ga. L. 1976, p. 252, § 12; Ga. L. 1978, p. 1144, § 1; Ga. L. 1978, p. 1701, § 1; Ga. L. 1979, p. 659, § 2; Ga. L. 1994, p. 97, § 50; Ga. L. 1996, p. 885, § 3; Ga. L. 2005, p. 117, § 10/HB 312; Ga. L. 2006, p. 72, § 50/SB 465; Ga. L. 2008, p. 245, § 8/SB 425.)

Cross references.

- Authority of State Board of Education regarding purchase of supplies and services by public elementary and secondary schools, § 20-2-500 et seq.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1996, "therefor" was substituted for "therefore" in the second sentence of paragraph (5).

Pursuant to Code Section 28-9-5, in 2005, a comma was inserted following "agencies" two times in paragraphs (3) and (4).

Editor's notes.

- Ga. L. 1996, p. 885, § 1, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Purchasing Reform Act of 1996.'"

Ga. L. 1996, p. 885, § 2, not codified by the General Assembly, provides: "The General Assembly declares and finds that many of the laws establishing guidelines and requirements for the purchasing of supplies, materials, and equipment by and for state departments and agencies were developed decades earlier and prior to the increase in available sources of supply and the expansion of technology. It is the intent of the General Assembly that these laws be amended to reflect these changes in order to provide greater flexibility for state agencies to make their purchases and to eliminate unnecessary bureaucracy which can result in purchase delays and increased administrative costs."

U.S. Code.

- Public Law 152, 81st Congress, referred to in paragraph (7) of this Code section, is codified as 40 U.S.C. § 471 et seq., 40 U.S.C. § 751 et seq., and 41 U.S.C. § 252 et seq.

OPINIONS OF THE ATTORNEY GENERAL

Authority to establish purchase specifications.

- It was evident from former Code 1933, § 40-1902 and Ga. L. 1939, p. 160, § 7 (see O.C.G.A. §§ 50-5-51 and50-5-56) that the department was authorized to establish certain specifications which should apply to purchases which were to be used by the various state departments; however, it was a practical and physical impossibility to set up specifications for every one of the thousands of different articles which were used by the state departments. 1948-49 Op. Att'y Gen. p. 570.

Authority to enforce specifications.

- Supervisor of purchases (now commissioner of administrative services) may cancel purchase orders when the material fails to meet specifications. 1945-47 Op. Att'y Gen. p. 318.

Department has the authority to enforce specifications, and this would include the authority to cancel orders when items do not meet specifications. 1948-49 Op. Att'y Gen. p. 570.

Solicitation of bids for certain purchases.

- With respect to purchases in excess of $1,000.00, bids must be solicited or advertised for in some manner reasonably calculated to reach all reasonably available sources of supply. 1974 Op. Att'y Gen. No. 74-16.

Competent vendors.

- Department is under duty to exclude no competent vendor from department's list, and also to seek out and discover, to the best of the department's ability, all sources of supply, giving all such vendors access to the established list. 1974 Op. Att'y Gen. No. 74-16.

Purchase of antique items.

- If the supervisor of purchases (now commissioner) receives a requisition for a particular antique item and, after canvassing all available sources of supply can find only one dealer who can supply the requisitioned antique item, and is convinced that no other suitable substitute item can be used, the supervisor can receive the bid from the single dealer who can supply the antique item in question. 1968 Op. Att'y Gen. No. 68-143.

Georgia Residential Finance Authority may seek, but is not required to seek, assistance and approval of Department of Administrative Services, Division of Property and Space Management, regarding rental agreements for the authority's office space. 1982 Op. Att'y Gen. No. 82-24.

Absent clear authorization, the Department of Administrative Services to deal with the Georgia Residential Finance Authority as a "state agency" the latter does not come within that definition. 1982 Op. Att'y Gen. No. 82-24.

Area planning and development commissions.

- Area planning and development commissions (now regional development centers) are authorized to use department to obtain best prices and terms available in marketplace; an alternative is for local political subdivisions to purchase the necessary equipment, material, or supplies through the department and then appropriate or loan the material, equipment, or supplies to the area planning and development commission in their area. 1970 Op. Att'y Gen. No. 70-202.

Commissioner vested with broad discretion.

- O.C.G.A. § 50-5-51 establishes no guideposts or requirements governing the manner of consummating the sales authorized and, consequently, the supervisor of purchases (now commissioner) is vested with broad discretion in this matter. 1960-61 Op. Att'y Gen. p. 380.

Correction of clerical pricing error.

- Commissioner may alter purchase order to correct clerical error regarding price. 1962 Op. Att'y Gen. p. 446.

Authority to operate self-service store.

- Under the general powers and authority granted to the department, the commissioner may enter into an agreement with the General Services Administration to operate a self-service store which is located conveniently for state agencies and whose expenses are jointly shared. 1971 Op. Att'y Gen. No. 71-181.

Commissioner disposes of property.

- Any forest commission property in the nature of supplies, materials, and equipment, in other words, those things that would not be fixtures and thereby part of the realty, is to be disposed of by the supervisor of purchasing (now commissioner). 1960-61 Op. Att'y Gen. p. 381.

Excess capacity or idle computer time.

- Excess capacity or idle computer time available on a second-shift basis was not "unserviceable property" within the contemplation of former Code 1933, § 91-804 (see former O.C.G.A. § 50-16-144), nor was it "surplus, obsolete or unused" equipment which may be disposed of under former Code 1933, § 40-1902 (see O.C.G.A. § 50-5-51). 1963-65 Op. Att'y Gen. p. 419.

Transfer of equipment to county as gift under this section is not permitted. 1967 Op. Att'y Gen. No. 67-57.

State unobligated to pay franchise fee or tax.

- While the state might not be required to pay a franchise fee or other tax directly to a city, in those situations when the state is paying money to a company, and that company is in turn remitting the money to the city as a franchise fee, it cannot be said that the state is the entity which is subject to the legal incidence of the tax so that it could successfully assert an exemption from such fees. 1976 Op. Att'y Gen. No. 76-42.

Payment for utilities at established rate.

- Obligation of department to pay for utilities at established rate is not affected by the fact that the sums paid may include or reflect taxes paid by the provider of the services to a municipality. 1976 Op. Att'y Gen. No. 76-42.

Relocation of power lines is not contractual service as contemplated by paragraph (3) of this section; this would be a contract for service or construction which should properly be handled by the interested department. 1962 Op. Att'y Gen. p. 469.

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, §§ 62 et seq., 249, 252, 273. 64 Am. Jur. 2d, Public Works and Contracts, §§ 8, 13. 72 Am. Jur. 2d, States, Territories, and Dependencies, §§ 73, 74, 78.

C.J.S.

- 81A C.J.S., States, § 268 et seq.

ALR.

- Act or default of employee covered by fidelity bond or insurance, 43 A.L.R. 977; 46 A.L.R. 976; 62 A.L.R. 412; 77 A.L.R. 861; 98 A.L.R. 1264.

Who is an employee within fidelity bond or insurance, 140 A.L.R. 699.

Right of one covered by a fidelity bond to intervene in action by obligee against obligor, 157 A.L.R. 159.

50-5-51.1. Purchase of commercial fidelity bonds for officials, officers, and employees of certain county boards and departments.

The commissioner of administrative services may, upon request, assist and coordinate with county departments of health, county departments of family and children services, and community service boards the purchase of commercial fidelity bonds for officials, officers, and employees of such boards and departments.The payment of the premium to the commercial fidelity carrier will be the responsibility of such county departments of health, county departments of family and children services, and community service boards.

(Code 1981, §50-5-51.1, enacted by Ga. L. 1994, p. 1717, § 7.)

50-5-52. Power to examine books, records, and papers; report of purchases.

The Department of Administrative Services or the state accounting officer shall have power to examine books, records, and papers of any office, agency, department, board, bureau, commission, institution, or other entity of the state government relative to purchases and to require those in control thereof to furnish the department with copies of any and all records pertaining thereto.

(Ga. L. 1931, p. 7, § 4; Code 1933, § 40-1905; Ga. L. 2005, p. 117, § 11/HB 312.)

50-5-53. Authorization to employ assistants, fix salaries, and make assignments.

Subject to applicable rules of the State Personnel Board, the Department of Administrative Services may appoint as many assistants and employees, and fix their salaries, as are essential to the state's interest in the execution of the terms and provisions of this part. Assignment of an assistant or assistants to any of the departments, institutions, or agencies of the state may be made by the Department of Administrative Services. It shall be unlawful for any other agency of the state to employ any person for the purposes set out in this part unless that person complies with the minimum requirements for purchasing personnel established by the Department of Administrative Services.

(Ga. L. 1937, p. 503, § 17; Ga. L. 1939, p. 160, § 8; Ga. L. 2005, p. 117, § 12/HB 312; Ga. L. 2009, p. 745, § 2/SB 97; Ga. L. 2012, p. 446, § 2-99/HB 642.)

The 2012 amendment, effective July 1, 2012, substituted "State Personnel Board" for "State Personnel Administration" in the first sentence, and deleted "State Personnel Administration in conjunction with the" preceding "Department of Administrative Services" in the last sentence.

Editor's notes.

- Ga. L. 2012, p. 446, § 3-1/HB 642, not codified by the General Assembly, provides that: "Personnel, equipment, and facilities that were assigned to the State Personnel Administration as of June 30, 2012, shall be transferred to the Department of Administrative Services on the effective date of this Act." This Act became effective July 1, 2012.

Ga. L. 2012, p. 446, § 3-2/HB 642, not codified by the General Assembly, provides that: "Appropriations for functions which are transferred by this Act may be transferred as provided in Code Section 45-12-90."

RESEARCH REFERENCES

C.J.S.

- 73 C.J.S., Public Administrative Law and Procedure, §§ 10 et seq., 26 et seq., 61 et seq. 81A C.J.S., States, § 166 et seq.

50-5-54. Rules and regulations to be made and published.

The commissioner of administrative services is authorized and empowered by this part to make all rules, regulations, and stipulations and to provide specifications to carry out the terms and provisions of this part as may be necessary for the purposes of this part. The rules and regulations as prescribed by the commissioner shall be published in pamphlet form and all the departments of the state government shall be furnished with copies of the same.

(Ga. L. 1939, p. 160, § 2.)

JUDICIAL DECISIONS

Manual set out procedures.

- Legislature did not have to include an express exhaustion requirement in the Georgia's State Purchasing Act, O.C.G.A. § 50-5-50 et seq., because the Georgia Vendor Manual, promulgated pursuant to O.C.G.A. § 50-5-54, itself set forth the regulations, including mandatory protest procedures, that were necessary for carrying out the Act's purposes. Diverse Power, Inc. v. Jackson, 285 Ga. 340, 676 S.E.2d 204 (2009).

Timely bid protest.

- There was nothing about the ten-day protest window of Dep't Admin. Serv. Ga. Vendor Manual § 3.8(2) that prevented a utility from filing a timely bid protest as the utility had not been required to obtain more information regarding any alleged wrongdoing by the awarding agency before filing an initial protest to the award of the contract to the utility's rival. Diverse Power, Inc. v. Jackson, 285 Ga. 340, 676 S.E.2d 204 (2009).

OPINIONS OF THE ATTORNEY GENERAL

Petroleum credit card purchases authorized.

- Commissioner may legally approve and instigate a program of petroleum credit card purchases by state employees for state-owned automotive vehicles and promulgate reasonable rules and regulations for administering such a system of purchases, providing such purchases are emergency purchases. 1967 Op. Att'y Gen. No. 67-219.

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, § 258. 64 Am. Jur. 2d, Public Works and Contracts, §§ 8, 13.

C.J.S.

- 81A C.J.S., States, § 268 et seq.

50-5-55. Specified purposes for rules and regulations.

The commissioner of administrative services may adopt, modify, or abrogate rules and regulations covering the following purposes, in addition to those authorized elsewhere in this part:

  1. Requiring monthly reports by state departments, institutions, or agencies of stocks, supplies, materials, and equipment on hand and prescribing the form of such reports;
  2. Prescribing the manner in which supplies, materials, and equipment shall be delivered, stored, and distributed;
  3. Prescribing the manner of inspecting deliveries of supplies, material, and equipment and making chemical or physical tests of samples submitted with bids and samples of deliveries to determine whether deliveries have been made to the departments, institutions, or agencies in compliance with specifications;
  4. Prescribing the manner in which purchases shall be made by the Department of Administrative Services in all emergencies as defined in Code Section 50-5-71; and
  5. Providing for such other matters as may be necessary to give effect to the foregoing rules and the provisions of this part.

(Ga. L. 1937, p. 503, § 13; Ga. L. 1939, p. 160, § 6.)

OPINIONS OF THE ATTORNEY GENERAL

Purchases of drugs covered by federal patents.

- Department has no authority under Ga. L. 1939, p. 160, § 6 (see O.C.G.A. § 50-5-55) either to authorize or prohibit purchases of foreign made drugs that, if made in this country, would be covered by United States patents; insofar as a rule sought to carry forth the intent of former Code 1933, § 40-1903 (see O.C.G.A. § 50-5-60), favoring of Georgia products, it would be perfectly within its power and authority. 1963-65 Op. Att'y Gen. p. 55.

Petroleum credit card purchases authorized.

- Commissioner may legally approve and instigate a program of petroleum credit card purchases by state employees for state-owned automotive vehicles and promulgate reasonable rules and regulations for administering such a system of purchases, providing such purchases are emergency purchases. 1967 Op. Att'y Gen. No. 67-219.

50-5-56. Department to establish standard contract specifications.

It shall be the duty of the Department of Administrative Services to formulate, adopt, establish, and modify standard specifications applying to state contracts. In the formulation, adoption, and modification of any standard specifications, the Department of Administrative Services shall seek the advice, assistance, and cooperation of any state department, institution, or agency to ascertain its precise requirements in any given commodity. Each specification adopted for any commodity shall insofar as possible satisfy the requirements of a majority of the state departments, institutions, or agencies which use the same in common. After its adoption each standard specification shall until revised or rescinded apply alike in terms and effect to every state purchase of the commodity described in such specifications. In the preparation of any standard specifications, the Department of Administrative Services shall have power to make use of any state laboratory for chemical and physical tests in the determination of quality.

(Ga. L. 1937, p. 503, § 14; Ga. L. 1939, p. 160, § 7.)

OPINIONS OF THE ATTORNEY GENERAL

Establishment of specifications applicable to purchases.

- It is evident from Ga. L. 1937, §§ 2 and 14 (see O.C.G.A. §§ 50-5-51 and50-5-56) that the department is authorized to establish certain specifications which shall apply to purchases which are to be used by the various state departments; however, it is a practical and physical impossibility to set up specifications for every one of the thousands of different articles which are used by the state departments. 1948-49 Op. Att'y Gen. p. 570.

Responsibilities of department.

- Ultimate responsibility for determining whether a product complies with a standard specification lies with department as does the responsibility for making all ultimate determinations as to acceptability insofar as necessary to award a contract. 1974 Op. Att'y Gen. No. 74-16.

50-5-57. Duty of department to purchase all supplies, services, materials, and equipment; requisition by state agencies; unlawful purchases.

The Department of Administrative Services shall have the power and authority and it shall be the department's duty, subject to this part, to contract for the purchase, lease, or other mode of acquisition of all supplies, materials, services other than professional and personal employment services, and equipment required by the state. After sources of supply have been established by contract under competitive bidding and certified by the Department of Administrative Services to the different departments, institutions, and agencies of the state as provided for in this part, the institutions, agencies, or departments of the state shall make requisition on blanks to be approved by the Department of Administrative Services for such supplies, materials, and equipment required by them from the supply so certified and, except as otherwise provided for or unless the departments, institutions, and agencies of the state obtain written authority from the Department of Administrative Services to do so, it shall be unlawful for any of them to purchase any supplies, materials, or equipment from sources other than as certified to them by the Department of Administrative Services. One copy of the requisition shall be sent to the Department of Administrative Services when the same is issued.

(Ga. L. 1950, p. 181, § 1; Ga. L. 1979, p. 659, § 3.)

OPINIONS OF THE ATTORNEY GENERAL

General Services Administration as certified supply source.

- Department has the authority to establish the General Services Administration as a certified source of supply for the state agencies. 1971 Op. Att'y Gen. No. 71-114.

Liquified petroleum gas.

- Liquified petroleum gas is a usable commodity within the term "supplies" as used in this section; it is the duty of the department to obtain competitive bids for the purchase of liquified petroleum gas for use and consumption by the state government. 1958-59 Op. Att'y Gen. p. 313.

Department not required to purchase certain signs.

- Signs which are the result of creative commercial art as practiced by a professional advertising firm are neither supplies, material, nor equipment, the purchase of which would be required of the department in accordance with this section. 1963-65 Op. Att'y Gen. p. 280.

Procurement of health insurance contracts.

- State Personnel Board, and not the Department of Administrative Services, has the exclusive authority to contract with health maintenance organizations for health insurance benefits for state employees and public school teachers under the State Health Benefit Plan. 1987 Op. Att'y Gen. No. 87-32.

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, § 258. 64 Am. Jur. 2d, Public Works and Contracts, §§ 8, 13. 72 Am. Jur. 2d, States, Territories, and Dependencies, §§ 73, 74, 78.

C.J.S.

- 81A C.J.S., States, § 274 et seq.

50-5-58. Cases where purchases through department not mandatory.

  1. Unless otherwise ordered by the Department of Administrative Services, the purchase of supplies, materials, equipment, and services, other than professional and personal employment services, through the Department of Administrative Services shall not be mandatory in the following cases:
    1. Technical instruments and supplies and technical books and other printed matter on technical subjects; also manuscripts, maps, books, pamphlets, and periodicals for the use of any library in the state supported by state funds; also services;
    2. Livestock for slaughter and perishable articles such as fresh vegetables, fresh meat, fish and oysters, butter, eggs, poultry, and milk. No other article shall be considered perishable within the meaning of this paragraph unless so classified by the Department of Administrative Services; and
    3. Emergency supplies of drugs, chemicals and sundries, dental supplies, and equipment.
  2. In the purchasing of emergency supplies under paragraph (3) of subsection (a) of this Code section, it shall be the duty of the department making such purchases to report the same to the Department of Administrative Services, giving the circumstances necessitating the purchases.
  3. Nothing in this part shall be construed to give the Department of Administrative Services any supervision over the selection or purchase of school textbooks, which is vested by law in the Department of Education.

(Ga. L. 1937, p. 503, § 8; Ga. L. 1939, p. 160, § 4; Ga. L. 1970, p. 287, § 1; Ga. L. 1979, p. 659, § 6; Ga. L. 1996, p. 885, § 4; Ga. L. 2008, p. 267, § 7/SB 482; Ga. L. 2013, p. 141, § 50/HB 79.)

The 2013 amendment, effective April 24, 2013, part of an Act to revise, modernize, and correct the Code, substituted "of this paragraph" for "of this clause" in paragraph (a)(2) and substituted "to report the same" for "to report same" in subsection (b).

Editor's notes.

- Ga. L. 1996, p. 885, § 1, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Purchasing Reform Act of 1996.'"

Ga. L. 1996, p. 885, § 2, not codified by the General Assembly, provides: "The General Assembly declares and finds that many of the laws establishing guidelines and requirements for the purchasing of supplies, materials, and equipment by and for state departments and agencies were developed decades earlier and prior to the increase in available sources of supply and the expansion of technology. It is the intent of the General Assembly that these laws be amended to reflect these changes in order to provide greater flexibility for state agencies to make their purchases and to eliminate unnecessary bureaucracy which can result in purchase delays and increased administrative costs."

OPINIONS OF THE ATTORNEY GENERAL

Skilled services contracts.

- Contract for necessary skilled services in repairing and maintaining school equipment and installations does not come under Ga. L. 1931, p. 7 (see O.C.G.A. Art. 3, Ch. 5, T. 50) requiring a competitive bid through the office of the supervisor of purchases (now commissioner), but may be negotiated or let by competitive bid by the State Board of Education as may be deemed necessary and advisable under the particular circumstances. 1960-61 Op. Att'y Gen. p. 179.

Educational sound film as "technical supply."

- Inasmuch as educational sound film is "one of a kind" and available from only one source, it could legally be treated as a "technical supply," especially in view of a rather strong indication in this section of a legislative intent that library materials of the same general nature not be included among those items which must be purchased through the department. 1963-65 Op. Att'y Gen. p. 612.

Term "textbook" does not have such broad definition as would include "sound film." 1963-65 Op. Att'y Gen. p. 612.

Petroleum credit card purchases authorized.

- Commissioner may legally approve and instigate program of petroleum credit card purchases by state employees for state-owned automotive vehicles and promulgate reasonable rules and regulations for administering such a system of purchases, providing such purchases are emergency purchases. 1967 Op. Att'y Gen. No. 67-219.

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, § 258. 64 Am. Jur. 2d, Public Works and Contracts, §§ 8, 13. 72 Am. Jur. 2d, States, Territories, and Dependencies, §§ 73, 74, 78.

C.J.S.

- 81A C.J.S., States, § 274 et seq.

ALR.

- What is an "emergency" within charter or statutory provision excepting emergency contract or work from requirement of bidding on public contracts, 71 A.L.R. 173.

Determination of amount involved in contract within statutory provision requiring public contracts involving sums exceeding specified amounts to be let to lowest bidder, 53 A.L.R.2d 498.

50-5-59. State agencies to furnish department estimates and inventories.

It shall be the duty of all departments, institutions, or agencies of the state government to furnish to the Department of Administrative Services when requested and on blanks to be approved by it tabulated estimates of all supplies, materials, and equipment needed and required by the department, institution, or agency for such periods in advance as may be directed by the Department of Administrative Services; and it shall further be the duty of all departments, institutions, or agencies to furnish the Department of Administrative Services inventories from time to time of supplies, materials, or equipment on hand when requested by the Department of Administrative Services.

(Ga. L. 1937, p. 503, § 5.)

50-5-60. Preference to supplies, equipment, materials, and agricultural products produced in Georgia generally; determination as to reasonableness of preference.

  1. The state and any department, agency, or commission thereof, when contracting for or purchasing supplies, materials, equipment, or agricultural products, excluding beverages for immediate consumption, shall give preference as far as may be reasonable and practicable to such supplies, materials, equipment, and agricultural products as may be manufactured or produced in this state. Such preference shall not sacrifice quality.
  2. Vendors resident in the State of Georgia are to be granted the same preference over vendors resident in another state in the same manner, on the same basis, and to the same extent that preference is granted in awarding bids for the same goods or services by such other state, or by any local government of such state, to vendors resident therein over vendors resident in the State of Georgia.
  3. In determining whether such a preference is reasonable in any case where the value of a contract for or purchase of such supplies, materials, equipment, or agricultural products exceeds $100,000.00, the state or its department, agency, or commission shall consider, among other factors, information submitted by the bidder which may include the bidder's estimate of the multiplier effect on gross state domestic product and the effect on public revenues of the state and the effect on public revenues of political subdivisions resulting from acceptance of a bid or offer to sell Georgia manufactured or produced goods as opposed to out-of-state manufactured or produced goods. Any such estimates shall be in writing. The state or its department, agency, or commission shall not divide a contract or purchase which exceeds $100,000.00 for the purpose of avoiding the requirements of this subsection.
  4. Nothing in this Code section shall negate the requirements of Code Section 50-5-73.

(Ga. L. 1933, p. 1178; Code 1933, § 40-1903; Ga. L. 1937, p. 503, § 11; Ga. L. 1990, p. 1466, § 1; Ga. L. 2009, p. 204, § 3/SB 44; Ga. L. 2012, p. 1098, § 1/SB 358.)

The 2012 amendment, effective July 1, 2012, inserted ", or by any local government of such state," near the end of subsection (b).

Cross references.

- Conspiracy in restraint of free and open competition in transactions with state or political subdivisions, § 16-10-22.

Preferences for products manufactured in Georgia, § 36-84-1.

Editor's notes.

- Ga. L. 2009, p. 204, § 6/SB 44, not codified by the General Assembly, provides that: "This Act shall not be applied to impair an obligation of any contract entered into prior to the date this Act becomes effective." This Act became effective July 1, 2009.

JUDICIAL DECISIONS

Applicability of laws.

- Laws applicable to the Department of Administrative Services are not applicable to the General Assembly. Harrison Co. v. Code Revision Comm'n, 244 Ga. 325, 260 S.E.2d 30 (1979).

OPINIONS OF THE ATTORNEY GENERAL

Contracting with foreign corporations.

- This section does not prohibit the department from contracting with foreign corporations where the state will benefit as a result of such arrangement. 1948-49 Op. Att'y Gen. p. 568.

Purchases of drugs covered by federal patents.

- The department has no authority under Ga. L. 1939, p. 160, § 6 (see O.C.G.A. § 50-5-55) either to authorize or prohibit purchases of foreign made drugs that, if made in this country, would be covered by United States patents; insofar as a rule sought to carry forth the intent of that section, favoring of Georgia products, it would be perfectly within its power and authority. 1963-65 Op. Att'y Gen. p. 55.

RESEARCH REFERENCES

Am. Jur. 2d.

- 64 Am. Jur. 2d, Public Works and Contracts, § 21.

ALR.

- Validity, construction, and effect of state and local laws requiring governmental units to give "purchase preference" to goods manufactured or services performed in state, 84 A.L.R.4th 419.

50-5-60.1. Use of recycled paper products.

Reserved. Repealed by Ga. L. 1991, p. 606, § 2, effective July 1, 1996.

Editor's notes.

- This Code section was based on Code 1981, § 50-5-60.1, enacted by Ga. L. 1991, p. 606, § 1.

50-5-60.2. Use of recycled content paper products.

  1. As used in this Code section, the term:
    1. "Mill broke" means any paper waste generated in a paper mill prior to the completion of the paper-making process up to and including the cutting and trimming of the paper machine reel into small rolls or rough sheets.
    2. "Printing and writing paper" means high-grade office paper including but not limited to copier paper, bond paper, forms, stationery, envelopes, text and cover stock, as well as offset printing paper.
    3. "Recycled content paper" means any paper having recycled fiber content.
    4. "Recycled fiber content" means those materials and by-products that have been recovered or diverted from the solid waste stream. Such term does not include sawdust, wood chips, wood slabs, or the virgin content of mill broke.
  2. At least 95 percent of moneys spent on printing and writing paper purchased by state agencies, commissions, and authorities shall be spent upon recycled content paper which meets or exceeds Environmental Protection Agency guidelines for minimum recycled content; provided, however, the provisions of this subsection shall not apply if the price of recycled content paper required by this Code section exceeds 8 percent of the price paid by the Department of Administrative Services for 100 percent virgin paper products or if the recycled content paper required by this Code section does not meet the standards, quality level, and specifications established by the Department of Administrative Services.
  3. It shall be the responsibility of each agency, commission, and authority to monitor, document, and report its use of recycled content paper. Any state agency, institution, commission, and authority that documents and reports attainment of the 95 percent requirement set forth in subsection (b) of this Code section for two consecutive fiscal years shall still be required to monitor and document its use of recycled content paper but shall no longer be required to submit a report upon written confirmation from the Department of Administrative Services that the 95 percent requirement set forth in subsection (b) of this Code section has been satisfied for two consecutive fiscal years by that particular agency, commission, institution, or authority; provided, however, that the Department of Administrative Services shall conduct periodic audits, and any state agency, institution, commission, and authority exempted from the reporting requirement pursuant to this subsection that is not satisfying the 95 percent requirement set forth in subsection (b) of this Code section may be directed by the Department of Administrative Services to resume reporting until reattainment of the 95 percent requirement set forth in subsection (b) of this Code section is confirmed for two additional consecutive fiscal years.
  4. The Department of Administrative Services shall maintain and continue to develop and implement reporting procedures and educational programs to assist agencies, commissions, institutions, and authorities in meeting the requirements of this Code section to maximize both purchasing power and the use of recycled products by each such agency, commission, institution, and authority.

(Code 1981, §50-5-60.2, enacted by Ga. L. 1991, p. 606, § 1; Ga. L. 1993, p. 531, § 2; Ga. L. 1998, p. 261, § 1; Ga. L. 2006, p. 72, § 50/SB 465.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1998, "confirmation" was substituted for "conformation" in the second sentence of subsection (c).

Editor's notes.

- Ga. L. 1993, p. 531, § 1, not codified by the General Assembly, provides: "It is declared to be the policy of the State of Georgia, in furtherance of its responsibility to protect and enhance the quality of its environment, to institute and maintain a comprehensive program for the procurement of products that contain recovered materials. The General Assembly finds that it is in the public interest for the state to create incentives that increase the demand for products manufactured with recovered materials. The purchasing power of the state government can be used to stimulate demand for products manufactured with recovered materials. By increasing the demand for such products, landfill space will be saved and pollution will be reduced."

50-5-60.3. Use of retreaded tires.

All state agencies, departments, and authorities shall replace original truck tires of over 16 inch rim size used on nonsteering axles with retreaded tires or subscribe to a retread service as replacement is necessary and as stockpiled tires are depleted; provided, however, that nothing in this Code section shall be construed so as to discourage the use of retreaded tires on other size rims or other types of vehicles if an agency, department, or authority deems such use to be economical, feasible, and desirable.

(Code 1981, §50-5-60.3, enacted by Ga. L. 1993, p. 531, § 3; Ga. L. 2010, p. 105, § 1-2/HB 981.)

Editor's notes.

- Ga. L. 2010, p. 105, § 3-1/HB 981, not codified by the General Assembly, provided for the repeal of the 2010 amendment by that Act, effective June 30, 2013.

Ga. L. 1993, p. 531, § 1, not codified by the General Assembly, provides: "It is declared to be the policy of the State of Georgia, in furtherance of its responsibility to protect and enhance the quality of its environment, to institute and maintain a comprehensive program for the procurement of products that contain recovered materials. The General Assembly finds that it is in the public interest for the state to create incentives that increase the demand for products manufactured with recovered materials. The purchasing power of state government can be used to stimulate demand for products manufactured with recovered materials. By increasing the demand for such products, landfill space will be saved and pollution will be reduced."

50-5-60.4. Use of compost and mulch in road building, land maintenance, and land development activities; preference to be given Georgia compost and mulch.

  1. All state agencies, departments, and authorities responsible for the maintenance of public lands shall give preference to the use of compost and mulch in all road building, land maintenance, and land development activities. Preference shall be given to compost and mulch made in the State of Georgia from organics which are source separated from the state's nonhazardous solid waste stream.
  2. The Department of Agriculture shall develop and publish in print or electronically standards for the compost and mulch required by subsection (a) of this Code section by January 1, 1994.

(Code 1981, §50-5-60.4, enacted by Ga. L. 1993, p. 531, § 3; Ga. L. 2010, p. 838, § 10/SB 388.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1993, "State of Georgia" was substituted for "state of Georgia" in subsection (a).

Editor's notes.

- Ga. L. 1993, p. 531, § 1, not codified by the General Assembly, provides: "It is declared to be the policy of the State of Georgia, in furtherance of its responsibility to protect and enhance the quality of its environment, to institute and maintain a comprehensive program for the procurement of products that contain recovered materials. The General Assembly finds that it is in the public interest for the state to create incentives that increase the demand for products manufactured with recovered materials. The purchasing power of state government can be used to stimulate demand for products manufactured with recovered materials. By increasing the demand for such products, landfill space will be saved and pollution will be reduced."

50-5-60.5. Implementation of policies requiring reduction and reuse of materials generated by state agencies.

In addition to recycling, each state agency, department, and authority shall take action to implement policies which require reduction and reuse of materials generated by state agencies.These policies shall include, but not be limited to, double-sided printing and copying, refilling and reusing laser printer cartridges, the purchase of source reduced products, and where feasible discontinuing the use of 8 1/2" x 14" paper.Replacement copier machines should include double-sided copying capability and shall be compatible with the use of paper containing recycled content.

(Code 1981, §50-5-60.5, enacted by Ga. L. 1993, p. 531, § 3.)

Editor's notes.

- Ga. L. 1993, p. 531, § 1, not codified by the General Assembly, provides: "It is declared to be the policy of the State of Georgia, in furtherance of its responsibility to protect and enhance the quality of its environment, to institute and maintain a comprehensive program for the procurement of products that contain recovered materials. The General Assembly finds that it is in the public interest for the state to create incentives that increase the demand for products manufactured with recovered materials. The purchasing power of state government can be used to stimulate demand for products manufactured with recovered materials. By increasing the demand for such products, landfill space will be saved and pollution will be reduced."

50-5-61. State and local authorities to give preference to supplies, materials, and agricultural products produced in Georgia; determination as to reasonableness of preference.

  1. State and local authorities created by law, in the purchase of and contracting for any supplies, materials, equipment, and agricultural products, excluding beverages for immediate consumption, shall give preference as far as may be reasonable and practicable to such supplies, materials, equipment, and agricultural products as may be manufactured or produced in this state. Such preference shall not sacrifice quality.
  2. In determining whether such a preference is reasonable in any case where the value of a contract for or purchase of such supplies, materials, equipment, or agricultural products exceeds $100,000.00, the state or local authority shall consider, among other factors, information submitted by the bidder which may include the bidder's estimate of the multiplier effect on gross state domestic product and the effect on public revenues of the state and the effect on public revenues of political subdivisions resulting from acceptance of a bid or offer to sell Georgia manufactured or produced goods as opposed to out-of-state manufactured or produced goods. Any such estimates shall be in writing. No state or local authority shall divide a contract or purchase which exceeds $100,000.00 for the purpose of avoiding the requirements of this subsection.
  3. Nothing in this Code section shall negate the requirements of Code Section 50-5-73.

(Ga. L. 1976, p. 181, § 1; Ga. L. 2009, p. 204, § 4/SB 44.)

Editor's notes.

- Ga. L. 2009, p. 204, § 6/SB 44, not codified by the General Assembly, provides that: "This Act shall not be applied to impair an obligation of any contract entered into prior to the date this Act becomes effective." This Act became effective July 1, 2009.

JUDICIAL DECISIONS

Code Revision Commission is not state authority within meaning of this section. Harrison Co. v. Code Revision Comm'n, 244 Ga. 325, 260 S.E.2d 30 (1979).

RESEARCH REFERENCES

Am. Jur. 2d.

- 64 Am. Jur. 2d, Public Works and Contracts, § 20.

50-5-62. Preference to local sellers of Georgia products.

Reserved. Repealed by Ga. L. 2009, p. 204, § 5/SB 44, effective July 1, 2009.

Editor's notes.

- This Code section was based on Ga. L. 1937, p. 503, § 12.

Ga. L. 2009, p. 204, § 6/SB 44, not codified by the General Assembly, provides that: "This Act shall not be applied to impair an obligation of any contract entered into prior to the date this Act becomes effective." This Act became effective July 1, 2009.

50-5-63. Green building standards; exclusive use of Georgia forest products in state construction contracts; exception where federal regulations conflict.

  1. As used in this Code section, the term:
    1. "Green building standards" means any system or tool created to rate the environmental efficiency and sustainability of the design, construction, operation, and maintenance of a building.
    2. "State building" means any facility owned, constructed, or acquired by the State of Georgia or any department, board, commission, or agency thereof, including state supported institutions of higher learning.
  2. No contract for the construction of, addition to, or repair or renovation of any facility, the cost of which is borne by this state or any department, agency, commission, authority, or political subdivision thereof, shall be let unless the contract contains a stipulation therein providing that the contractor or any subcontractor shall use exclusively Georgia forest products in the construction thereof, when forest products are to be used in such construction, addition, repair, or renovation, and if Georgia forest products are available.
  3. Whenever green building standards are applied to the new construction, operation, repair, or renovation of any state building, the entity applying the standards shall use only those green building standards that give certification credits equally to Georgia forest products grown, manufactured, and certified under the Sustainable Forestry Initiative, the American Tree Farm System, the Forest Stewardship Council, or other similar certifying organization approved by such entity.
  4. This Code section shall not apply when in conflict with federal rules and regulations concerning construction.

(Ga. L. 1963, p. 552, §§ 1, 2; Ga. L. 2015, p. 265, § 1/HB 255.)

The 2015 amendment, effective July 1, 2015, added subsection (a); redesignated former subsection (a) as present subsection (b); in subsection (b), inserted "or renovation" near the beginning, substituted "this state" for "the state", and substituted "repair, or renovation" for "or repair" near the end; added subsection (c); and redesignated former subsection (b) as present subsection (d). See Editor's notes for applicability.

Editor's notes.

- Ga. L. 2015, p. 265, § 2/HB 255, not codified by the General Assembly, provides, in part, that this Act shall apply to all contracts entered into on or after July 1, 2015.

RESEARCH REFERENCES

Am. Jur. 2d.

- 64 Am. Jur. 2d, Public Works and Contracts, § 20.

50-5-64. Multiyear contracts authorized; standard form provisions; what funds obligated; interest.

  1. The Department of Administrative Services shall be authorized to execute on behalf of all state agencies subject to this part multiyear lease, purchase, or lease purchase contracts of all kinds for the acquisition of goods, materials, services, and supplies, provided that any such contract shall be executed only on a standard form developed by the department for such use; and provided, further, that the standard form contract shall contain provisions for the following:
    1. The contract shall terminate absolutely and without further obligation on the part of the user agency or the department at the close of the fiscal year in which it was executed and at the close of each succeeding fiscal year for which it may be renewed as provided in this Code section;
    2. The contract may be renewed only by a positive action taken by the user agency or by the department on behalf of the user agency, and the nature of such action shall be determined by the department and specified in its standard contract;
    3. The contract shall terminate immediately and absolutely at such time as appropriated and otherwise unobligated funds are no longer available to satisfy the obligations of the user agency under the contract. The determination of the occurrence of such unavailability of funds shall be made by the user agency in its sole discretion and shall be conclusive;
    4. The contract shall state the total obligation of the user agency for the fiscal year of execution and shall further state the total obligation which will be incurred in each fiscal year renewal term, if renewed; and
    5. The contract shall provide that title to any supplies, materials, or equipment shall remain in the vendor until fully paid for by the user agency.
  2. Any standard contract developed hereunder containing the provisions enumerated in subsection (a) of this Code section shall be deemed to obligate the user agency only for those sums payable during the fiscal year of execution or, in the event of a renewal by the user agency, for those sums payable in the individual fiscal year renewal term.
  3. No contract developed and executed pursuant to this Code section shall be deemed to create a debt of the state for the payment of any sum beyond the fiscal year of execution or, in the event of a renewal, beyond the fiscal year of such renewal.
  4. Any such contract may provide for the payment by the user agency of interest or the allocation of a portion of the contract payment to interest, provided that the contract is in compliance with this Code section.

(Ga. L. 1979, p. 352, § 1.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 64 Am. Jur. 2d, Public Works and Contracts, §§ 18, 117.

C.J.S.

- 81A C.J.S., States, § 335 et seq.

50-5-65. Transfer of personal property titles to effectuate lease purchases; authority; form.

  1. The Department of Administrative Services is authorized to make transfers of title to personal property titled in the name of any department, agency, or institution of the state to private individuals, corporations, or firms for the purpose of effectuating lease purchases of such property between the owning department, agency, or institution and the private individuals, corporations, or firms. Transfers of title shall be made only in conjunction with the execution of a lease purchase agreement between an agency, department, or institution of the state and the transferee acquiring title; and the agreement shall be consummated on the standard agreement form developed pursuant to Code Section 50-5-64.
  2. The departments, agencies, and institutions of the state are authorized to accept the title to property, subject to a contract for lease purchase or installment purchase, upon execution of the aforementioned standard agreement by the Department of Administrative Services; and the department is authorized to transfer title back to the vendor in the name of the department, agency, or institution in the event that the agreement is not fully consummated.

(Ga. L. 1980, p. 90, § 1.)

50-5-66. Department to compile and consolidate all estimates.

The Department of Administrative Services shall compile and consolidate all estimates of supplies, materials, and equipment needed and required by all state departments, institutions, and agencies to determine the total requirements of any given commodity.

(Ga. L. 1937, p. 503, § 6; Ga. L. 1939, p. 160, § 3.)

50-5-67. Competitive bidding procedure; method of soliciting bids; required conditions for competitive sealed proposals; clarification; contract awards; negotiation of contracts; certificate of independent price determination; receiving electronic bids.

  1. Except as otherwise provided in this Code section, contracts exceeding $100,000.00 shall be awarded by competitive sealed bidding. If the total requirement of any given commodity will involve an expenditure in excess of $250,000.00, sealed bids shall be solicited by advertisement in the Georgia Procurement Registry established under subsection (b) of Code Section 50-5-69 and in addition may be solicited by advertisement in a newspaper of state-wide circulation at least once and at least 15 calendar days, except for construction projects which shall have 30 calendar days allowed, prior to the date fixed for opening of the bids and awarding of the contract. Other methods of advertisement, however, may be adopted by the Department of Administrative Services when such other methods are deemed more advantageous for the particular item to be purchased. In any event, it shall be the duty of the Department of Administrative Services to solicit sealed bids from reputable owners of supplies in all cases where the total requirement will exceed $100,000.00. When it appears that the use of competitive sealed bidding is either not justified or not advantageous to the state, a contract may be entered into by competitive sealed proposals, subject to the following conditions:
    1. This method of solicitation shall only be used after a written determination by the Department of Administrative Services that the use of competitive sealed bidding is not justified or is not advantageous to the state;
    2. Proposals shall be solicited through a request for proposals;
    3. Adequate public notice of the request for proposals shall be given in the same manner as provided for competitive sealed bidding;
    4. A register of proposals shall be prepared and made available for public inspection;
    5. The request for proposals shall state the relative importance of price and other evaluation factors;
    6. As provided in the request for proposals and under regulations to be developed by the Department of Administrative Services, discussions may be conducted with qualified offerors who submit proposals determined to be reasonably susceptible of being selected for award, for the purpose of clarification to assure full understanding of and responsiveness to the solicitation requirements. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion and clarification of proposals. After such clarifications, revisions may be permitted to technical proposals and price proposals prior to award for the purpose of obtaining best and final offers. The Department of Administrative Services is authorized to solicit multiple revisions to price proposals for the purpose of obtaining the most advantageous proposal to the state. In conducting discussions or soliciting any revisions, there shall be no disclosure of any information contained in proposals submitted by competing offerors. However, this prohibition on disclosure of information shall not prohibit the Department of Administrative Services from disclosing to competing offerors any preliminary rankings and scores of competing offerors' proposals during the course of any negotiations or revisions of proposals other than with respect to the procurement of construction contracts; and
    7. The award shall be made to the responsible offeror whose proposal is determined in writing to be the most advantageous to the state, taking into consideration price and the evaluation factors set forth in the request for proposals. No other factors or criteria shall be used in the evaluation. The contract file shall contain the basis on which the award is made.
    1. Except as otherwise provided for in this part, all contracts for the purchase of supplies, materials, equipment, or services made under this part, other than professional and personal employment services or the purchase of new automobiles manufactured by a company that constructs or assembles within this state any light duty motor vehicle with a gross vehicle weight rating of under 12,500 pounds, shall, wherever possible, be based upon competitive bids and shall be awarded to the lowest responsible bidder, taking into consideration the quality of the articles to be supplied and conformity with the specifications which have been established and prescribed, the purposes for which the articles are required, the discount allowed for prompt payment, the transportation charges, and the date or dates of delivery specified in the bid and any other cost affecting the total cost of ownership during the life cycle of the supplies, materials, equipment, or services as specified in the solicitation document. Competitive bids on such contracts shall be received in accordance with rules and regulations to be adopted by the commissioner of administrative services which shall prescribe, among other things, the manner, time, and places for proper advertisement for the bids, indicating the time and place when the bids will be received; the article for which the bid shall be submitted and the specification prescribed for the article; the amount or number of the articles desired and for which the bids are to be made; and the amount, if any, of bonds or certified checks to accompany the bids. Any and all bids so received may be rejected.
      1. As used in this paragraph, the term:
        1. "Commercial use applications" means self-propelled, self-powered, or pull-type equipment and machinery, including diesel engines. The term shall not include motor vehicles requiring registration and certificate of title or equipment that is considered consumer goods, as that term is defined in Code Section 11-9-102.
        2. "Multiple award schedule contract" means a contract that allows multiple vendors to be awarded a state contract for goods or services by providing catalogues of equipment and attachments to eligible purchasers including state agencies, departments, institutions, public school districts, and political subdivisions. Multiple award schedule contract bids shall be evaluated based upon a variety of factors, including but not limited to discounts, total life costs, service, warranty, machine performance and durability, resale value, product support, and past vendor performance. Multiple award schedule contracts shall allow multiple vendors to bid and be awarded a contract based upon the value of their products and demonstrated results in competitive pricing, product updates, transparency, administrative savings, expedited procurement, and flexibility for state purchasers.
      2. When the commissioner of administrative services determines it to be in the best interest of the state, a multiple award schedule contract may be let for the purchase of equipment used for commercial use applications. All bidders for contracts for the purchase of equipment for commercial use applications shall be required to submit a complete bid package and be the authorized dealer or vendor for a leading manufacturer of equipment used for commercial use applications. Bidders may add additional equipment with a guaranteed minimum discount off the manufacturer's suggested consumer list price in the bid in order to increase the options available to the state.
      3. Nothing in this paragraph shall limit multiple award schedule contracts to commercial use applications.
      1. When bids received pursuant to this part are unreasonable or unacceptable as to terms and conditions, are noncompetitive, or the lowest responsible bid exceeds available funds and it is determined in writing by the Department of Administrative Services that time or other circumstances will not permit or justify the delay required to resolicit competitive bids, a contract may be negotiated pursuant to this Code section, provided that each responsible bidder who submitted such a bid under the original solicitation is notified of the determination and is given a reasonable opportunity to negotiate. In cases where the bids received are noncompetitive or the lowest responsible bid exceeds available funds, the negotiated price shall be lower than the lowest rejected bid of any responsible bidder under the original solicitation.
      2. With respect to procurement for construction contracts, if the bid from the lowest responsible and responsive bidder exceeds the funds budgeted for the contract, a contract may be negotiated with such apparent low bidder to obtain a contract price within the budgeted amount. Such negotiations may include changes in the scope of work and other bid requirements.
    1. When proposals received pursuant to this part are unreasonable or unacceptable as to terms and conditions, are noncompetitive, or the lowest responsible proposal exceeds available funds and it is determined in writing by the Department of Administrative Services that time or other circumstances will not permit or justify the delay required to resolicit competitive proposals, a contract may be negotiated pursuant to this Code section, provided that each responsible offeror who submitted such a proposal under the original solicitation is notified of the determination and is given a reasonable opportunity to negotiate. In cases where the proposals received are noncompetitive or the lowest responsible proposal exceeds available funds, any contract award made pursuant to this paragraph shall be made to the offeror whose negotiated proposal is most advantageous to the state according to the evaluation criteria in the request for proposals rather than to the offeror whose negotiated proposal offers the lowest price, provided that the negotiated price of the most advantageous proposal is lower than the price of the rejected responsible proposal with the lowest price under the original solicitation.
    1. Except as otherwise provided for in this part, the Department of Administrative Services shall publish in print or electronically, prior to award or letting of the contracts, notice of its intent to award a contract to the successful bidder or offeror on public display in a conspicuous place in the department's office, on the Georgia Procurement Registry, or both so that it may be easily seen by the public. The public notice on public display shall also state the price or the amount for which the contract may be awarded, the commodities or services to be covered by the contract which may be awarded, and the names of all persons whose bids, offers, or proposals were rejected by the department, together with a statement giving the reasons for the rejection.
    2. Every bid or proposal conforming to the terms of the advertisement provided for in this Code section, together with the name of the bidder, shall be recorded, and all such records with the name of the successful bidder or offeror indicated thereon shall, within one day after the issuance of the department's public notice of intent to award to the successful bidder or offeror, be subject to public inspection upon request.
    3. The Department of Administrative Services shall also, within one day after the award or letting of the contract, publish the name of the successful bidder or offeror on public display in a conspicuous place in the department's office or on the Georgia Procurement Registry so that it may be easily seen by the public. The public notice on public display shall also show the price or the amount for which the contract was let and the commodities covered by the contract. The Department of Administrative Services shall also, within one day after the award or letting of the contract, publish on public display the names of all persons whose bids, offers, or proposals were rejected by it, together with a statement giving the reasons for such rejection.
    4. The Department of Administrative Services shall canvass the bids, offers, or proposals and award the contract according to the terms of this part. The Department of Administrative Services shall prepare a register of bids, offers, or proposals which will become available for public inspection upon request within one day after the issuance of the department's public notice of intent to award to the successful bidder or offeror. The bids, offers, or proposals shall not be subject to public disclosure until after the issuance of the public notice of intent to award a contract to the successful bidder or offeror except that audited financial statements not otherwise publicly available but required to be submitted in the bid, offer, or proposal shall not be subject to public disclosure.
    5. Records related to the competitive bidding and proposal process which, if disclosed prior to the issuance of the public notice of intent to award would undermine the public purpose of obtaining the best value for this state, shall not be subject to public disclosure until after the department's issuance of its public notice of intent to award a contract to the successful bidder or offeror. Such records include but are not limited to cost estimates, bids, proposals, evaluation criteria, vendor evaluations, negotiation documents, offers and counter-offers, and records revealing preparation for the procurement.
    6. A proper bond for the faithful performance of any contract shall be required of the successful bidder or offeror in the discretion of the Department of Administrative Services. After the contracts have been awarded, the Department of Administrative Services shall certify to the offices, agencies, departments, boards, bureaus, commissions, institutions, or other entities of the state the sources of the supplies and the contract price of the various supplies, materials, services, and equipment so contracted for.
  2. On all bids or proposals received or solicited by the Department of Administrative Services, by any office, agency, department, board, bureau, commission, institution, or other entity of the state or by any person in behalf of any office, agency, department, board, bureau, commission, institution, or other entity of the state except in cases provided for in Code Section 50-5-58, the following certificate of independent price determination shall be used:

    "I certify that this bid, offer, or proposal is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a bid, offer, or proposal for the same materials, supplies, services, or equipment and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of this bid, offer, or proposal and certify that I am authorized to sign this bid, offer, or proposal for the bidder or offeror."

  3. Notwithstanding any other provision of this article, the commissioner of administrative services is authorized to promulgate rules and regulations to govern auctions conducted by state agencies in which vendors' prices are made public during the bidding process to enable the state agency or agencies to seek a lower price. This auction bidding process will continue until the lowest price is obtained within the auction's time limit. This auction bidding process shall not be used to procure construction services or for any contract for goods or services valued at less than $100,000.00.
  4. Any reference in this article to sealed bids or sealed proposals shall not preclude the Department of Administrative Services from receiving bids and proposals by way of the Internet or other electronic means or authorizing state agencies from receiving bids and proposals by way of the Internet or other electronic means; provided, however, that any bids or proposals received by any state agency by way of any electronic means must comply with security standards established by the Georgia Technology Authority.

(Ga. L. 1937, p. 503, § 6; Ga. L. 1939, p. 160, § 3; Ga. L. 1978, p. 1054, §§ 1, 2; Ga. L. 1979, p. 659, §§ 4, 5; Ga. L. 1980, p. 90, § 2; Ga. L. 1991, p. 1380, § 1; Ga. L. 1996, p. 885, § 5; Ga. L. 1998, p. 1372, § 1; Ga. L. 2001, p. 792, § 1; Ga. L. 2003, p. 605, § 1; Ga. L. 2005, p. 117, § 13/HB 312; Ga. L. 2008, p. 230, §§ 3, 4/SB 175; Ga. L. 2010, p. 838, § 10/SB 388; Ga. L. 2012, p. 1178, § 1/SB 492; Ga. L. 2012, p. 1350, § 8B/HB 1067; Ga. L. 2015, p. 1284, § 2/HB 259; Ga. L. 2018, p. 1112, § 50/SB 365.)

The 2012 amendments. The first 2012 amendment, effective July 1, 2012, designated the existing provisions of subsection (b) as present paragraph (b)(1); substituted "services which shall" for "services, which rules and regulations shall" in the next-to-last sentence of paragraph (b)(1); and added paragraph (b)(2). The second 2012 amendment, effective July 1, 2012, made identical changes.

The 2015 amendment, effective July 1, 2015, in the first sentence of paragraph (b)(1) substituted "purchase" for "purchases" near the beginning, inserted "made under this part," and substituted "or the purchase of new automobiles manufactured by a company that constructs or assembles within this state any light duty motor vehicle with a gross vehicle weight rating of under 12,500 pounds," for "made under this part" near the middle.

The 2018 amendment, effective May 8, 2018, part of an Act to revise, modernize, and correct the Code, substituted "provided, however, that any bids" for "provided, however, any bids" in the proviso of subsection (g).

Cross references.

- Letting of Department of Transportation construction and maintenance contracts by public bid, § 32-2-64 et seq.

Public competitive bidding procedures for sales and leases of state property, § 50-16-39.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1986, a comma was inserted following "shall prescribe" in the second sentence in subsection (b) (now paragraph (b)(1)).

Pursuant to Code Section 28-9-5, in 1991, "15" was substituted for "fifteen" in the second sentence of subsection (a).

Editor's notes.

- Ga. L. 1996, p. 885, § 1, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Purchasing Reform Act of 1996.'"

Ga. L. 1996, p. 885, § 2, not codified by the General Assembly, provides: "The General Assembly declares and finds that many of the laws establishing guidelines and requirements for the purchasing of supplies, materials, and equipment by and for state departments and agencies were developed decades earlier and prior to the increase in available sources of supply and the expansion of technology. It is the intent of the General Assembly that these laws be amended to reflect these changes in order to provide greater flexibility for state agencies to make their purchases and to eliminate unnecessary bureaucracy which can result in purchase delays and increased administrative costs."

Ga. L. 2015, p. 1284, § 1/HB 259, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Georgia Business Act.' "

JUDICIAL DECISIONS

"Materials, supplies, or equipment."

- Publishing services are not "materials, supplies, or equipment" within the meaning of this section. Harrison Co. v. Code Revision Comm'n, 244 Ga. 325, 260 S.E.2d 30 (1979).

Rights of rejected bidder.

- Even in competitive sealed proposals under O.C.G.A. § 50-5-67(a), a rejected bidder who alleges the proposal was conducted in an arbitrary and unfair manner falls within the zone of interest to be protected by the procurement laws. Amdahl Corp. v. Georgia Dep't of Admin. Serv., 260 Ga. 690, 398 S.E.2d 540 (1990).

Cited in Municipal Leasing Corp. v. Fulton County, 835 F.2d 786 (11th Cir. 1988).

OPINIONS OF THE ATTORNEY GENERAL

Duty to award to lowest bidder.

- Once department has considered all relevant factors, the department must award the contract to the lowest bidder meeting the department's standards; the department may not award a contract to a higher bidder if the products are equal in view of all relevant factors. 1974 Op. Att'y Gen. No. 74-16.

Phrase "lowest responsible bidder" has been almost unanimously construed by other jurisdictions to mean not merely "financially solvent," but also "responsible" with respect to the bidder's overall ability to respond in quality and fitness to the particular requirements of the contract in question. 1974 Op. Att'y Gen. No. 74-16.

When department can in good faith point to some demonstrable or real factor which justifies the department's conclusion that a higher dollar bid is nevertheless the "lowest responsible" bid, the department has properly exercised the department's discretionary power. 1974 Op. Att'y Gen. No. 74-16.

Discretion to consider factors other than price.

- This section clearly vests considerable discretion in department to consider factors other than price and, in fact, directs the department to consider these factors. 1974 Op. Att'y Gen. No. 74-16.

Specifications not to arbitrarily exclude potential vendors.

- Proper execution of the duties of the department demands that the department determine to the best of the department's ability that specifications (either those suggested by the requisitioning agency or those developed by the department) do not arbitrarily exclude potential vendors, and that no other vendor can in fact meet all applicable and reasonable specifications; only when these duties are properly executed do the exceptions relating to available sources become operative so as to allow the department to forego the requirement of bid solicitation. 1974 Op. Att'y Gen. No. 74-16.

When only one product can meet applicable specifications, there is no necessity to solicit bids from other suppliers of such products since this would be a useless act. 1974 Op. Att'y Gen. No. 74-16.

When product is available from one source only, there is no necessity to solicit bids from other suppliers. 1974 Op. Att'y Gen. No. 74-16.

Requiring that bidder be member of private organization.

- State may not require that bidder be member of private organization, but it may require that bidder be properly licensed and insured. 1958-59 Op. Att'y Gen. p. 310.

Public works contracts subject to provisions.

- Contract entered into by the environmental protection division for reclamation and rehabilitation of land subjected to surface mining constitutes a public works contract, and is subject to the provisions of Ga. L. 1939, p. 160, § 3 and Ga. L. 1964, p. 693, § 1, (see O.C.G.A. §§ 50-5-67 and50-5-72). 1976 Op. Att'y Gen. No. 76-98.

Georgia State Financing and Investment Commission is not required to obtain bids on construction contracts. 1975 Op. Att'y Gen. No. 75-58.

RESEARCH REFERENCES

Am. Jur. 2d.

- 64 Am. Jur. 2d, Public Works and Contracts, §§ 22 et seq., 48 et seq.

C.J.S.

- 81A C.J.S., States, § 270 et seq.

ALR.

- Bidder's variation from specifications on bid for public work, 65 A.L.R. 835.

Evasion of law requiring contract for public work to be let to lowest responsible bidder by subsequent changes in contract after it has been awarded pursuant to that law, 69 A.L.R. 697.

What is an "emergency" within charter or statutory provision excepting emergency contract or work from requirement of bidding on public contracts, 71 A.L.R. 173.

Right to award public contract to one other than lowest financial bidder as affected by fact that bidder furnishes bond, 86 A.L.R. 131.

Labor conditions or relations as factor in determining lowest responsible bidder for public contract or as factor in determining whether public contract should be let to lowest bidder, 110 A.L.R. 1406.

Determination of amount involved in contract within statutory provision requiring public contracts involving sums exceeding specified amounts to be let to lowest bidder, 53 A.L.R.2d 498.

Contract for personal services as within requirement of submission of bids as condition of public contract, 15 A.L.R.3d 733.

Public contracts: low bidder's monetary relief against state or local agency for nonaward of contract, 65 A.L.R.4th 93.

Authority of state, municipality, or other governmental entity to accept late bids for public works contracts, 49 A.L.R.5th 747.

50-5-68. Prequalification of prospective suppliers.

Prospective suppliers may be prequalified for particular types of supplies, services, goods, materials, and equipment at the discretion of the Department of Administrative Services. Solicitation mailing lists of potential contractors shall include, but shall not be limited to, such prequalified suppliers. The award of contracts, however, may be conditioned upon prequalification.

(Ga. L. 1980, p. 90, § 3.)

50-5-69. Purchases without competitive bidding; central bid registry; procurement cards; rules and regulations; applicability to emergency purchases; Purchasing Advisory Council.

  1. If the needed supplies, materials, equipment, or service can reasonably be expected to be acquired for less than $25,000.00 and is not available on state contracts or through statutorily required sources, the purchase may be effectuated without competitive bidding. The commissioner of administrative services may by rule and regulation authorize the various offices, agencies, departments, boards, bureaus, commissions, institutions, authorities, or other entities of the state to make purchases in their own behalf and may provide the circumstances and conditions under which such purchases may be effected. In order to assist and advise the commissioner of administrative services in making determinations to allow offices, agencies, departments, boards, bureaus, commissions, institutions, authorities, or other entities of the state to make purchases in their own behalf, there is created a Purchasing Advisory Council consisting of the executive director of the Georgia Technology Authority or his or her designee; the director of the Office of Planning and Budget or his or her designee; the chancellor of the University System of Georgia or his or her designee; the commissioner of the Technical College System of Georgia or his or her designee; the commissioner of transportation or his or her designee; the Secretary of State or his or her designee; the commissioner of human services or his or her designee; the commissioner of community health or his or her designee; the commissioner of public health or his or her designee; the commissioner of behavioral health and developmental disabilities or his or her designee; and one member to be appointed by the Governor. The commissioner of administrative services shall promulgate the necessary rules and regulations governing meetings of such council and the method and manner in which such council will assist and advise the commissioner of administrative services.
  2. The department shall establish a central bid registry to advertise the various procurement and bid opportunities of state government. Such central bid registry shall be entitled the Georgia Procurement Registry and shall operate in accordance with appropriate rules and regulations applicable to the department's responsibility to manage the state's procurement system. It shall be the responsibility of each agency, department, board, commission, authority, and council to report to the department its bid opportunities in a manner prescribed by the Department of Administrative Services. The commissioner of administrative services is authorized and directed to promulgate rules and regulations to carry out this responsibility and shall determine the most economical method to conduct public notification of such bid opportunities.
  3. The Department of Administrative Services is authorized to permit departments, institutions, and agencies of state government to utilize a procurement card that will electronically pay and monitor payments by state institutions pursuant to subsection (a) of this Code section subject to approval of the State Depository Board pursuant to the State Depository Board's authority to prescribe cash management policies and procedures for state agencies under Code Section 50-17-51. All purchases made through procurement cards shall be included on a monthly summary report to be prepared by each state department, institution, and agency in a form to be approved by the Department of Administrative Services.
  4. The commissioner of administrative services shall promulgate rules and regulations necessary to carry out the intent of this Code section.
  5. Nothing in this Code section shall apply to or affect the laws, rules, and regulations governing emergency purchases.
  6. The Division of Family and Children Services of the Department of Human Services may enter into contracts for the purchase of or may purchase placements for children in the care or custody of the Division of Family and Children Services of the Department of Human Services without competitive bidding pursuant to the oversight and authority of the director of the Division of Family and Children Services of the Department of Human Services.

(Ga. L. 1976, p. 752, § 1; Ga. L. 1980, p. 90, § 4; Ga. L. 1983, p. 520, § 1; Ga. L. 1996, p. 885, § 6; Ga. L. 1998, p. 1372, § 2; Ga. L. 2001, p. 792, § 2; Ga. L. 2005, p. 117, § 13A/HB 312; Ga. L. 2009, p. 453, § 2-4/HB 228; Ga. L. 2010, p. 286, § 21/SB 244; Ga. L. 2011, p. 705, § 5-28/HB 214; Ga. L. 2012, p. 760, § 1-1/HB 863; Ga. L. 2012, p. 775, § 50/HB 942; Ga. L. 2015, p. 552, § 18/SB 138; Ga. L. 2015, p. 1284, § 3/HB 259.)

The 2011 amendment, effective July 1, 2011, inserted "the commissioner of public health or his or her designee" near the end of the next-to-last sentence of subsection (a).

The 2012 amendments. The first 2012 amendment, effective July 1, 2012, and repealed effective July 1, 2015, in subsection (a), substituted "$25,000.00" for "$5,000.00" in the first sentence, and substituted "the Technical College System of Georgia" for "technical and adult education" in the third sentence. The second 2012 amendment, effective May 1, 2012, part of an Act to revise, modernize, and correct the Code, substituted "the commissioner of the Technical College System of Georgia" for "the commissioner of technical and adult education" in subsection (a), and revised language in the last sentence of subsection (c).

The 2015 amendments. The first 2015 amendment, effective July 1, 2015, added subsection (f). The second 2015 amendment, effective July 1, 2015, substituted "$25,000.00" for "$5,000.00" in the middle of the first sentence of subsection (a). See Editor's notes for applicability.

Editor's notes.

- Ga. L. 1996, p. 885, § 1, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Purchasing Reform Act of 1996.'"

Ga. L. 1996, p. 885, § 2, not codified by the General Assembly, provides: "The General Assembly declares and finds that many of the laws establishing guidelines and requirements for the purchasing of supplies, materials, and equipment by and for state departments and agencies were developed decades earlier and prior to the increase in available sources of supply and the expansion of technology. It is the intent of the General Assembly that these laws be amended to reflect these changes in order to provide greater flexibility for state agencies to make their purchases and to eliminate unnecessary bureaucracy which can result in purchase delays and increased administrative costs."

Ga. L. 2015, p. 1284, § 1/HB 259, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Georgia Business Act.' "

Ga. L. 2015, p. 1284, § 7/HB 259, not codified by the General Assembly, provides: "The amendment made by Section 3 of this Act shall apply to Code Section 50-5-69 as it exists on July 1, 2015."

Law reviews.

- For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 147 (2011). For article, "Construction Law," see 70 Mercer L. Rev. 51 (2018).

RESEARCH REFERENCES

ALR.

- Determination of amount involved in contract within statutory provision requiring public contracts involving sums exceeding specified amounts to be let to lowest bidder, 53 A.L.R.2d 498.

50-5-70. Purchases for county boards of education.

Boards of education of the various counties of this state may petition the Department of Administrative Services to purchase their supplies, such as school buses, bus bodies, tires, parts, and other equipment under the rules set out in this part.

(Ga. L. 1939, p. 160, § 3.)

Cross references.

- Transportation of pupils by school buses generally, § 20-2-1070 et seq.

50-5-71. Emergency purchases authorized; report of circumstances.

In case of any emergency arising from any unforeseen causes, including delay by contractors, delay in transportation, breakdown in machinery, unanticipated volume of work, or upon the declaration of a state of emergency by the Governor, the Department of Administrative Services or any other office, agency, department, board, bureau, commission, institution, or other entity of the state to which emergency purchasing powers have been granted by the Department of Administrative Services shall have power to purchase in the open market any necessary supplies, materials, services, or equipment for immediate delivery to any office, agency, department, board, bureau, commission, institution, or other entity of the state. A report on the circumstances of the emergency and the transactions thereunder shall be duly recorded in a book or file to be kept by the Department of Administrative Services.

(Ga. L. 1937, p. 503, § 9; Ga. L. 1939, p. 160, § 5; Ga. L. 1996, p. 922, § 1; Ga. L. 2005, p. 117, § 14/HB 312.)

OPINIONS OF THE ATTORNEY GENERAL

Petroleum credit card purchases authorized.

- Commissioner may legally approve and instigate a program of petroleum credit card purchases by state employees for state-owned automotive vehicles and promulgate reasonable rules and regulations for administering such a system of purchases, providing such purchases are emergency purchases. 1967 Op. Att'y Gen. No. 67-219.

RESEARCH REFERENCES

Am. Jur. 2d.

- 64 Am. Jur. 2d, Public Works and Contracts, § 30.

ALR.

- What is an "emergency" within charter or statutory provision excepting emergency contract or work from requirement of bidding on public contracts, 71 A.L.R. 173.

50-5-72. Construction and public works contracts conducted by department; advertising costs; exceptions.

  1. Notwithstanding any other provision of this part or any other law dealing with the subject matter contained in this Code section to the contrary, all construction or public works contracts, exceeding a total expenditure of $100,000.00, of any department, board, bureau, commission, office, or agency of the state government, except as provided in this Code section, shall be conducted and negotiated by the Department of Administrative Services in accordance with this part; provided, however, that any expenditure of less than $100,000.00 shall still be subject to review and approval by the Department of Administrative Services, which may approve noncompetitive expenditures of up to $100,000.00.
  2. All advertising costs incurred in connection with such contracts shall be borne by and paid from the funds appropriated to and available to the department, board, bureau, commission, office, or agency of the state government for which the contract is negotiated.
    1. Notwithstanding subsections (a) and (b) of this Code section and to the extent permitted by law, the Department of Administrative Services shall not in its bid documents, specifications, project agreements, or other controlling documents for a public works construction contract:
      1. Require or prohibit bidders, offerors, contractors, subcontractors, or material suppliers to enter into or adhere to prehire agreements, project labor agreements, collective bargaining agreements, or any other agreement with one or more labor organizations on the same or other related construction projects; or
      2. Discriminate against, or treat differently, bidders, offerors, contractors, subcontractors, or material suppliers for becoming or refusing to become or remain signatories or otherwise to adhere to agreements with one or more labor organizations on the same or other related construction projects.
    2. Nothing in this subsection shall prohibit bidders, offerors, contractors, subcontractors, or material suppliers from voluntarily entering into agreements described in paragraph (1) of this subsection.
    3. The head of a governmental entity may exempt a particular public works construction contract from the requirements of any or all of the provisions of paragraph (1) of this subsection if the governmental entity finds, after public notice and a hearing, that special circumstances require an exemption to avert an imminent threat to public health or safety. A finding of special circumstance under this paragraph shall not be based on the possibility or presence of a labor dispute concerning the use of contractors or subcontractors who are nonsignatories to, or otherwise do not adhere to, agreements with one or more labor organizations or concerning employees on the particular project who are not members of or affiliated with a labor organization.
  3. The commissioner of administrative services is authorized and directed to promulgate such rules and regulations as shall carry out the additional duties and responsibilities placed upon the department by this Code section.
  4. Nothing contained in this Code section shall apply to or affect the Department of Transportation, the several public authorities of this state, including the Stone Mountain Memorial Association and the Board of Regents of the University System of Georgia, or the expenditure of money credited to the account of this state in the Unemployment Trust Fund by the secretary of the treasury of the United States pursuant to Section 903 of the Social Security Act and appropriated as provided in Code Section 34-8-85. No contract in existence on March 18, 1964, shall be affected by this Code section, and such contract may continue to be utilized.

(Ga. L. 1964, p. 693, § 1; Ga. L. 1991, p. 139, § 3; Ga. L. 1996, p. 885, § 7; Ga. L. 2013, p. 628, § 9/SB 179.)

The 2013 amendment, effective May 6, 2013, designated the existing provisions as subsections (a), (b), (d), and (e), added subsection (c), and inserted a comma following "Code section" near the end of subsection (e).

Cross references.

- Liquidated damages provisions in public works contract, § 13-10-70.

Letting of Department of Transportation construction and maintenance contracts by public bid, § 32-2-64 et seq.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1996, "secretary of the treasury" was substituted for "Secretary of the Treasury" in the fourth sentence (now subsection (e)).

Editor's notes.

- Ga. L. 1996, p. 885, § 1, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Purchasing Reform Act of 1996.'"

Ga. L. 1996, p. 885, § 2, not codified by the General Assembly, provides: "The General Assembly declares and finds that many of the laws establishing guidelines and requirements for the purchasing of supplies, materials, and equipment by and for state departments and agencies were developed decades earlier and prior to the increase in available sources of supply and the expansion of technology. It is the intent of the General Assembly that these laws be amended to reflect these changes in order to provide greater flexibility for state agencies to make their purchases and to eliminate unnecessary bureaucracy which can result in purchase delays and increased administrative costs."

U.S. Code.

- Section 903 of the Social Security Act, referred to in this Code section, is codified as 42 U.S.C. § 1103.

OPINIONS OF THE ATTORNEY GENERAL

Public works contracts.

- Contract entered into by the environmental protection division for reclamation and rehabilitation of land subjected to surface mining constitutes a public works contract, and is subject to the provisions of Ga. L. 1939, p. 160, § 3 and Ga. L. 1964, p. 693, § 1 (see O.C.G.A. §§ 50-5-67 and50-5-72). 1976 Op. Att'y Gen. No. 76-98.

Contracts for demolition of building would constitute public works contracts. 1967 Op. Att'y Gen. No. 67-271.

Obligating other agency's funds.

- This section only provides express authority to conduct and negotiate; there is no express authority to execute contracts. Thus, the Department of Administrative Services does not have the authority to obligate the funds of another state agency for construction or public works contracts. 1980 Op. Att'y Gen. No. 80-99.

Georgia State Financing and Investment Commission is not required to obtain bids on construction contracts. 1975 Op. Att'y Gen. No. 75-58.

RESEARCH REFERENCES

ALR.

- Determination of amount involved in contract within statutory provision requiring public contracts involving sums exceeding specified amounts to be let to lowest bidder, 53 A.L.R.2d 498.

Waiver of competitive bidding requirements for state and local public building and construction contracts, 40 A.L.R.4th 968.

50-5-73. Goods and services to be obtained from correctional industries when certified as available.

  1. All services provided or goods, wares, or merchandise produced wholly or in part by the Georgia Correctional Industries Administration and needed by the departments, institutions, and agencies of the state and its political subdivisions supported wholly or in part by public funds shall be obtained from the Georgia Correctional Industries Administration where such services, goods, wares, or merchandise have been certified in writing by the commissioner of corrections as available and of competitive quality and price. Where not certified as available from the Georgia Correctional Industries Administration, services, goods, wares, or merchandise shall be obtained from other agencies or activities of the state which are legally authorized to engage in the provision of such and have certified the availability with the advice and consent of the Department of Administrative Services.
  2. The Georgia Correctional Industries Administration and the commissioner of corrections shall report to the Department of Administrative Services the certification criteria, including but not limited to cost, delivery schedules, and availability within 15 days of notice of certification.
  3. The Georgia Correctional Industries Administration shall notify the Department of Administrative Services of any changes to certified products or services available pursuant to this Code section within 15 days of any such changes.

(Ga. L. 1937, p. 503, § 16; Ga. L. 1975, p. 488, § 1; Ga. L. 1978, p. 1054, § 3; Ga. L. 1985, p. 283, § 1; Ga. L. 1996, p. 885, § 8.)

Cross references.

- Georgia Correctional Industries Administration generally, T. 42, C. 10.

Editor's notes.

- Ga. L. 1996, p. 885, § 1, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Purchasing Reform Act of 1996.'"

Ga. L. 1996, p. 885, § 2, not codified by the General Assembly, provides: "The General Assembly declares and finds that many of the laws establishing guidelines and requirements for the purchasing of supplies, materials, and equipment by and for state departments and agencies were developed decades earlier and prior to the increase in available sources of supply and the expansion of technology. It is the intent of the General Assembly that these laws be amended to reflect these changes in order to provide greater flexibility for state agencies to make their purchases and to eliminate unnecessary bureaucracy which can result in purchase delays and increased administrative costs."

OPINIONS OF THE ATTORNEY GENERAL

Purpose of this section is to remove the purchase of goods manufactured by the Georgia Correctional Industries Administration or other agencies included in this section from having to be purchased through sealed competitive bidding. 1960-61 Op. Att'y Gen. p. 440.

Georgia Correctional Industries Administration must utilize department in buying raw materials which will be used in the manufacture and production of products for resale. 1967 Op. Att'y Gen. No. 67-316.

Factory for the Blind also covered by O.C.G.A. § 50-5-73. - Georgia Factory for the Blind is one of the other agencies or activities of the state within the meaning of this section. 1960-61 Op. Att'y Gen. p. 440.

Contracts with department for manufacture of license plates.

- Department of Offender Rehabilitation (now Department of Corrections) is under an affirmative responsibility to negotiate with the Department of Administrative Services for the contract for the manufacture of license plates, and, in this regard, to advise all participating agencies as to the material specifications which will best utilize existing equipment. 1969 Op. Att'y Gen. No. 69-435.

50-5-74. Goods and services to be obtained from sheltered workshops and training centers when certified available; standards for certification of availability.

Reserved. Repealed by Ga. L. 1993, p. 1736, § 3, effective February 8, 1994.

Editor's notes.

- Ga. L. 1993, p. 1736, § 1, provided for the repeal of this Code section. Ga. L. 1993, p. 1736, § 3, provided: "This Act shall become effective only when funds are specifically appropriated for purposes of this Act in an appropriations Act making specific reference to this Act." Such funds were appropriated at the 1994 session, effective February 8, 1994.

This Code section was based on Ga. L. 1979, p. 1318, §§ 1, 2.

50-5-75. Lease or construction of warehouse space authorized.

The Department of Administrative Services may rent or lease any warehouse space necessary for a period not to exceed five years, provided the Department of Administrative Services may construct any warehouse on state property only.

(Ga. L. 1939, p. 160, § 11.)

50-5-76. All tax stamps, tags, and paraphernalia evidencing the payment of tax to be purchased by department; requisition and payment.

  1. All cigarette tax stamps, loose or smokeless tobacco tax stamps, fertilizer tax tags, and other stamps, tags, and paraphernalia evidencing the payment of tax collected by the state or any department thereof shall be purchased by the Department of Administrative Services subject to the requisition of any department of the state requiring the use of the tax stamps or tags.
  2. Any department requiring tax stamps or stamps, tags, or paraphernalia from the Department of Administrative Services shall make a requisition therefor to the Department of Administrative Services upon forms prescribed by it, which requisition shall be delivered to the state auditor for compilation and check. The tax stamps, fertilizer tax tags, or other stamps, tags, or paraphernalia described in this part and purchased by the Department of Administrative Services shall be paid for by the department for whose use they are purchased.

(Ga. L. 1937-38, Ex. Sess., p. 184, § 1, 2; Ga. L. 2003, p. 665, § 43.)

Cross references.

- Property tax exemptions for fertilizers, § 48-5-43.

Cigarette taxes generally, T. 48, C. 11.

Editor's notes.

- Ga. L. 2003, p. 665, § 1, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'State and Local Tax Revision Act of 2003.'"

Law reviews.

- For note on the 2003 amendment to this Code section, see 20 Ga. St. U.L. Rev. 233 (2003).

50-5-77. Multiyear lease, purchase, or lease purchase contracts; required provisions for contracts; calculation and application of savings or enhanced revenues; external oversight committee; annual report.

  1. As used in this Code section, the term:
    1. "Agency" means every state department, agency, board, bureau, and commission including without limitation the Board of Regents of the University System of Georgia.
    2. "Authority" means the Georgia Environmental Finance Authority.
    3. "Benefits based funding project" means any governmental improvement project in which payments to vendors depend upon the realization of specified savings or revenue gains attributable solely to the improvements, provided that each benefits based funding project is structured as follows:
      1. The vendor guarantees that the improvements will generate actual and quantifiable savings or enhanced revenues;
      2. The agency develops a measurement tool for calculating the savings or enhanced revenues realized from the project; and
      3. The funding for the project shall be attributable solely to its successful implementation for the period specified in the contract, or, where applicable, from sums remitted by the vendor or surety to remedy a deficit in guaranteed savings or revenue gains.
    4. "External oversight committee" means a committee composed of the executive director of the Georgia Technology Authority, the commissioner of administrative services, the director of the Office of Planning and Budget, the state auditor, the state accounting officer, the Governor's designee, the chairperson of the House Committee on Appropriations, and the chairperson of the Senate Committee on Appropriations.
    5. "Measurement tool" means the formula used to measure the actual savings or enhanced revenues and includes a means for distinguishing enhanced revenue or savings from normal activities, including the possibility of no savings or revenue growth or an increased expenditure or decline in revenue. Baseline parameters must be defined based on historical costs or revenues for a minimum of one year. The measurement tool shall use the baseline parameters to forecast savings or enhanced revenues and to determine the overall benefits and fiscal feasibility of the proposed project.
    6. "Special dedicated fund" means any fund established pursuant to this Code section from which the vendor or vendors are compensated as part of a benefits based funding project. The moneys in the special dedicated fund shall be deemed contractually obligated and shall not lapse at the end of each fiscal year.
  2. An agency shall be authorized to enter into multiyear lease, purchase, or lease purchase contracts of all kinds for the acquisition of equipment, goods, materials, personal property, improvements to real property, services, construction services, renovation services, and supplies as benefits based funding projects; provided, however, that a condition precedent to the award of the contract is a competitive solicitation in compliance with any applicable purchasing laws now or hereafter enacted, including without limitation the provisions of this chapter and Chapter 25 of this title; and provided, further, that the contract shall contain provisions for the following:
    1. The contract shall terminate absolutely and without further obligation on the part of the agency at the close of the fiscal year in which it was executed and at the close of each succeeding fiscal year for which it may be renewed;
    2. The contract may be renewed only by a positive action taken by the agency;
    3. In addition to any other remedies available to the agency, the contract shall provide that at such time as the agency determines that actual savings or incremental revenue gains are not being generated to satisfy the obligations under the contract, the vendor shall be required to remedy the deficit in actual savings or incremental revenue gains by remitting to the state an amount equal to the deficit. The vendor shall also be required to provide at contract execution and upon execution of any contract renewals an energy savings guarantee bond, a bank letter of credit, escrowed funds, a corporate guarantee from a corporation with an investment grade credit rating, or other surety instrument acceptable to the agency equal to the value of the project's annual savings or revenue gains;
    4. The contract shall state the total obligation of the agency for repayment for the fiscal year of execution and shall state the total obligation for repayment which will be incurred in each fiscal year renewal term, if renewed; and
    5. The term of the contract, including any renewal periods, may not extend past the date that is ten years from the date of the completion of the project that is the subject of the contract.
  3. Any contract developed under this Code section containing the provisions enumerated in subsection (b) of this Code section shall be deemed to obligate the agency only for those sums payable during the fiscal year of execution or, in the event of a renewal by the agency, for those sums payable in the individual fiscal year renewal term and only to the extent that savings or enhanced revenues are attributable to the benefits based funding project calculated using the measurement tool and, where applicable, sums remitted by the vendor or surety to remedy a deficit in guaranteed savings or revenue gains.
  4. No contract developed and executed pursuant to this Code section shall be deemed to create a debt of the state for the payment of any sum beyond the fiscal year of execution or, in the event of a renewal, beyond the fiscal year of such renewal.
  5. Any such contract may provide for the payment by the agency of interest or the allocation of a portion of the contract payment to interest, provided that the contract is in compliance with this Code section.
  6. During the term of the contract, including any renewal periods, the agency shall, using the measurement tool, periodically calculate the total amount of the savings or enhanced revenues attributable to the implementation of the benefits based funding project. To the extent that savings or enhanced revenues are realized, the agency shall transfer from its budget into the special dedicated fund an amount up to but not to exceed the amount owed on the contract for the then current fiscal year term's obligation to provide for payments, or, where applicable, sums remitted by the vendor or surety to remedy a deficit in guaranteed savings or revenue gains may be transferred to the special dedicated fund by the agency.
  7. During the term of the contract, including any renewal periods, the agency shall, using the measurement tool, calculate the total amount of the savings or enhanced revenues attributable to the implementation of the benefits based funding project during the then current fiscal year at least 30 days prior to the end of the then current fiscal year. If the agency renews the contract and to the extent that savings or enhanced revenues are realized in excess of the amount due on the contract in the then current fiscal year term, the agency shall transfer prior to the end of the then current fiscal year from its budget into the special dedicated fund an amount up to but not to exceed the next fiscal year's obligation to provide for future payments.
  8. Promptly upon nonrenewal, termination, or expiration of the contract, any moneys remaining in the special dedicated fund shall be deposited in the general fund of the state.
  9. Each agency is authorized to accept title to property subject to the benefits based funding contract and is authorized to transfer title back to the vendor in the event the contract is not fully consummated.
  10. Payments to which a vendor is entitled under the contract may not be assigned without the approval of the agency. In its discretion, the agency may agree that the vendor may assign the payments to which it is entitled under the benefits based funding contract to a third party, provided that the agency will be made party to the assignment agreement and that any such assignment agreement will not alter the obligations of the agency under the contract, specifically including, but not limited to, the provisions required by subsection (b) of this Code section; and provided that the vendor, at the time of the request that the agency agree to an assignment of payments, must provide to the agency an energy savings guarantee bond, a bank letter of credit, escrowed funds, a corporate guarantee from a corporation with an investment grade credit rating, or other surety instrument acceptable to the agency equal to the guaranteed savings for the total project duration including any anticipated renewal periods and the energy savings guarantee bond, bank letter of credit, escrowed funds, corporate guarantee from a corporation with an investment grade credit rating, or other surety instrument acceptable to the agency must remain in force for the entire project duration including any renewal periods. As savings are realized and verified by the measurement tool during the term of the contract including renewal periods, the value of the energy savings guarantee bond, bank letter of credit, escrowed funds, corporate guarantee from a corporation with an investment grade credit rating, or other surety instrument acceptable to the agency may decrease proportionately.
  11. The external oversight committee shall have the responsibility to direct the authority to perform reviews and to recommend approval of all benefits based funding projects advising:
    1. The overall feasibility of the benefits based funding project;
    2. The measurement tool;
    3. The projected savings or enhanced revenues; and
    4. The dollars to be set aside for vendor payments.
  12. At the recommendation of the authority, each benefits based funding project and the proposed contract shall be approved by the external oversight committee prior to execution of the contract and shall be subject to further review by the authority or the external oversight committee at any time.
  13. Each agency shall prepare and certify an annual report on all contracts entered into pursuant to this Code section, describing the benefits based funding projects, the progress of the projects, the consolidated savings or enhanced revenues of such projects, and such other information as may be relevant. This annual report shall be sent to the authority on behalf of the external oversight committee at a date determined by the authority. The authority shall review and consolidate all agency reports and submit a consolidated report to the Governor, the General Assembly, and the external oversight committee.

(Code 1981, §50-5-77, enacted by Ga. L. 2003, p. 439, § 1; Ga. L. 2010, p. 1091, § 1/SB 194.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2010, "Georgia Environmental Finance Authority" was substituted for "Georgia Environmental Facilities Authority" in paragraph (a)(2).

Editor's notes.

- Ga. L. 1996, p. 885, § 1, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Purchasing Reform Act of 1996.'"

Ga. L. 1996, p. 885, § 2, not codified by the General Assembly, provides: "The General Assembly declares and finds that many of the laws establishing guidelines and requirements for the purchasing of supplies, materials, and equipment by and for state departments and agencies were developed decades earlier and prior to the increase in available sources of supply and the expansion of technology. It is the intent of the General Assembly that these laws be amended to reflect these changes in order to provide greater flexibility for state agencies to make their purchases and to eliminate unnecessary bureaucracy which can result in purchase delays and increased administrative costs."

Former Code Section 50-5-77 (Ga. L. 1939, p. 160, § 9), relating to the attachment of delivery receipts and purchase orders to paid invoices, was repealed by Ga. L. 1996, p. 885, § 9, effective July 1, 1996.

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions under Ga. L. 1939, p. 160, § 9, which was subsequently repealed but was succeeded by provisions in this Code section, are included in the annotations for this Code section.

Exception for federal purchases.

- Purchase of federal property under Ga. L. 1945, p. 394, §§ 1-4 is an exception to the general purchasing law of this state. 1960-61 Op. Att'y Gen. p. 442 (decided under Ga. L. 1939, p. 160, § 9).

RESEARCH REFERENCES

C.J.S.

- 81A C.J.S., States, § 377 et seq.

50-5-78. Financial interest of department personnel in contracts; acceptance of benefits from contractors; penalty; removal from office.

  1. Neither the commissioner of administrative services, nor any assistant of his, nor any employee of the department shall be financially interested or have any personal beneficial interest either directly or indirectly in the purchase of or contract for any materials, equipment, or supplies, nor in any such firm, corporation, partnership, or association furnishing any such supplies, materials, or equipment to the state government or any of its departments, institutions, or agencies. Except as provided in subsection (b) of this Code section, it shall be unlawful for the commissioner of administrative services or any of his assistants or any employee of the department to accept or receive, directly or indirectly, from any person, firm, or corporation to whom any contract may be awarded any money or anything of more than nominal value or any promise, obligation, or contract for future reward or compensation.
  2. Nothing in this Code section shall preclude the commissioner or any of his assistants or any employee of the department from attending seminars, courses, lectures, briefings, or similar functions at any manufacturer's or vendor's facility or at any other place if any such seminar, course, lecture, briefing, or similar function is for the purpose of furnishing the commissioner, assistant, or employee with knowledge and information relative to the manufacturer's or vendor's products or services and is one which the commissioner determines would be of benefit to the department and to the state. In connection with any such seminar, course, lecture, briefing, or similar function, nothing in this Code section shall preclude the commissioner, assistant, or employee from receiving meals from a manufacturer or vendor. Nothing in this Code section shall preclude the commissioner, assistant, or employee from receiving educational materials and business related items of not more than nominal value from a manufacturer or vendor.
  3. Nothing contained in this Code section shall permit the commissioner, assistant, or employee to accept free travel from the manufacturer or vendor outside the State of Georgia or free lodging in or out of the State of Georgia.
  4. Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor. Any person who violates subsection (a) of this Code section shall be subject to being removed from office.

(Ga. L. 1937, p. 503, § 15; Ga. L. 1983, p. 546, § 1; Ga. L. 1984, p. 22, § 50.)

Cross references.

- Conflicts of interest involving public officers and employees generally, § 45-10-20 et seq.

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, §§ 253, 262, 265, 346, 375. 64 Am. Jur. 2d, Public Works and Contracts, § 19.

C.J.S.

- 81A C.J.S., States, § 328 et seq.

50-5-79. Purchase contracts contrary to part void and officers personally liable.

Whenever any department, institution, or agency of the state government required by this part and the rules and regulations adopted pursuant to this part applying to the purchase of supplies, materials, or equipment through the Department of Administrative Services shall contract for the purchase of such supplies, materials, or equipment contrary to this part or the rules and regulations made pursuant to this part, such contract shall be void and of no effect. If any official of such department, institution, or agency willfully purchases or causes to be purchased any supplies, materials, or equipment contrary to this part or the rules and regulations made pursuant to this part, such official shall be personally liable for the cost thereof; and, if such supplies, materials, or equipment are so unlawfully purchased and paid for out of the state funds, the amount thereof may be recovered in the name of the state in an appropriate action instituted therefor.

(Ga. L. 1937, p. 503, § 10; Ga. L. 1991, p. 1380, § 2; Ga. L. 1992, p. 6, § 50.)

JUDICIAL DECISIONS

Inapplicable to department's contracts for department's own purchases.

- O.C.G.A. § 50-5-79 only applies to contracts entered by agencies required to purchase supplies through the Department of Administrative Services; the statute does not apply to contracts that the department enters for the department's own purchases. Amdahl Corp. v. Georgia Dep't of Admin. Serv., 260 Ga. 690, 398 S.E.2d 540 (1990).

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, §§ 253, 262, 265, 346, 375. 64 Am. Jur. 2d, Public Works and Contracts, § 19.

C.J.S.

- 81A C.J.S., States, § 328 et seq.

50-5-80. Unlawful to use resources or methods established pursuant to this article to obtain anything of value for personal benefit or gain; penalties for violators; applicability.

  1. As used in this Code section, the term "person" includes natural persons, firms, partnerships, corporations, or associations.
  2. It shall be unlawful for any person to obtain for his or her own personal benefit, or for the benefit of any other person, any goods, services or other things of value, through any resource or method established pursuant to this article, including, but not limited to, purchase orders, government contracts, credit cards, charge cards, or debit cards.
    1. Any person who violates subsection (b) of this Code section by obtaining any goods, services, or other things of value in the aggregate value of less than $500.00 shall be guilty of a misdemeanor of a high and aggravated nature which shall be punishable by not more than 12 months' imprisonment and a fine not to exceed $5,000.00. In addition to the foregoing criminal penalties, any such person shall also be subject to immediate termination of state employment and shall owe restitution to the state equal to the amount of such unlawful purchases, plus interest to be assessed at a rate of 12 percent per annum to be calculated from the date each unlawful purchase was made.
    2. Any person who violates subsection (b) of this Code section by obtaining any goods, services, or other things of value in the aggregate value of $500.00 or more shall be guilty of a felony which shall be punishable by not less than one nor more than 20 years' imprisonment and a fine not to exceed $50,000.00 or triple the amount of such unlawful purchases, whichever is greater. In addition to the foregoing criminal penalties, any such person shall also be subject to immediate termination of state employment and shall owe restitution equal to the amount of such unlawful purchases, plus interest to be assessed at a rate of 12 percent per annum to be calculated from the date each such unlawful purchase was made.
    1. Any person who knowingly assists another person in violating subsection (b) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature which shall be punishable by not more than 12 months' imprisonment and a fine not to exceed $5,000.00 if the unlawfully purchased goods, services, or other things of value are valued in the aggregate of less than $500.00. In addition to such criminal penalties, any such person shall also be subject to immediate termination of state employment and shall owe restitution equal to the amount of such unlawful purchases, plus interest to be assessed at a rate of 12 percent per annum to be calculated from the date each unlawful purchase was made.
    2. Any person who knowingly assists another person in violating subsection (b) of this Code section shall be guilty of a felony which shall be punishable by not less than one nor more than 20 years' imprisonment and a fine not to exceed $50,000.00 or triple the amount of the unlawful purchases, whichever is greater, if the goods, services, or other things of value are in the aggregate value of $500.00 or more. In addition to such criminal penalties, any such person shall also be subject to immediate termination of state employment and shall owe restitution for the amount of such unlawful purchases, plus interest to be assessed at a rate of 12 percent per annum to be calculated from the date each unlawful purchase was made.
  3. This Code section shall not apply to any official employee purchase program for technology resources facilitated by and through the Georgia Technology Authority for state employees and public school employees of county or independent boards of education.

(Ga. L. 1939, p. 160, §§ 10, 10a, 10b, 10c; Ga. L. 1996, p. 885, § 10; Ga. L. 2005, p. 117, § 15/HB 312; Ga. L. 2006, p. 72, § 50/SB 465; Ga. L. 2008, p. 776, § 1/HB 1113.)

Editor's notes.

- Ga. L. 1996, p. 885, § 1, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Purchasing Reform Act of 1996.'"

Ga. L. 1996, p. 885, § 2, not codified by the General Assembly, provides: "The General Assembly declares and finds that many of the laws establishing guidelines and requirements for the purchasing of supplies, materials, and equipment by and for state departments and agencies were developed decades earlier and prior to the increase in available sources of supply and the expansion of technology. It is the intent of the General Assembly that these laws be amended to reflect these changes in order to provide greater flexibility for state agencies to make their purchases and to eliminate unnecessary bureaucracy which can result in purchase delays and increased administrative costs."

Ga. L. 2008, p. 776, § 4/HB 1113, not codified by the General Assembly, provides that the amendment to this Code section shall apply to all transactions occurring on and after July 1, 2008.

JUDICIAL DECISIONS

Cited in Phillips v. State, 127 Ga. App. 499, 194 S.E.2d 278 (1972).

OPINIONS OF THE ATTORNEY GENERAL

Area planning and development commissions (now regional development centers) are authorized to use department to obtain best prices and terms available in marketplace; an alternative is for local political subdivisions to purchase the necessary equipment, material, or supplies through the department and then appropriate or loan the material, equipment, or supplies to the area planning and development commissions in their area. 1970 Op. Att'y Gen. No. 70-202.

Clothing purchases for children at center through department.

- Proposed clothing purchase policy of a Georgia Youth Development Center to allow the students at the center to engage in selective buying by arranging with the supervisor of purchases (now commissioner) to budget a specified total from the center's budget to be spent for clothes and shoes per quarter at one or more of the local department stores designated in advance by the commissioner cannot be conducted by or through the office of the commissioner. 1968 Op. Att'y Gen. No. 68-8.

Fingerprinting required for violators.

- Offenses arising under O.C.G.A. § 50-5-80(b) are designated as offenses for which those charged are to be fingerprinted. 2009 Op. Att'y Gen. No. 2009-1.

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, §§ 253, 262, 265, 346, 375. 64 Am. Jur. 2d, Public Works and Contracts, § 19.

C.J.S.

- 81A C.J.S., States, § 328 et seq.

50-5-81. Unlawful for agencies or subdivisions to purchase other than United States produced beef; exceptions; penalty.

  1. It shall be unlawful for the state; any branch, department, agency, board, or commission of the state; any county, municipality, board of education, or other political subdivision; or any officer, agent, or employee of any of the foregoing to purchase or authorize the purchase of any beef other than beef raised and produced within the United States when the purchase is to be made with governmental funds. This Code section shall not apply to canned meat which is not available from a source within the United States and which is not processed in the United States.
  2. Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor.

(Ga. L. 1976, p. 1650, §§ 1, 2.)

50-5-82. "State agency" defined; limitations on contracting for goods; role of Department of Revenue.

  1. As used in this Code section, the term "state agency" means any authority, board, department, instrumentality, institution, agency, or other unit of state government. "State agency" shall not include any county, municipality, or local or regional governmental authority.
  2. On or after May 13, 2004, the Department of Administrative Services and any other state agency to which this article applies shall not enter into a state-wide contract or agency contract for goods or services, or both, in an amount exceeding $100,000.00 with a nongovernmental vendor if the vendor or an affiliate of the vendor is a dealer as defined in Code Section 48-8-2, or meets one or more of the conditions thereunder, but fails or refuses to collect sales or use taxes levied under Chapter 8 of Title 48 on its sales delivered to Georgia.
  3. The Department of Administrative Services and any other state agency may contract for goods or services, or both, with a source prohibited under subsection (b) of this Code section in the event of an emergency or where the nongovernmental vendor is the sole source of such goods or services or both.
  4. The determination of whether a vendor is a prohibited source shall be made by the Department of Revenue, which shall notify the Department of Administrative Services and any other state agency of its determination within three business days of a request for such determination.
  5. Prior to awarding a contract, the Department of Administrative Services and any other state agency to which this article applies shall provide the Department of Revenue the name of the nongovernmental vendor awarded the contract, the name of the vendor's affiliate, and the certificate of registration number as provided for under Code Section 48-8-59 for the vendor and affiliate of the vendor.

(Code 1981, §50-5-82, enacted by Ga. L. 2004, p. 424, § 1; Ga. L. 2010, p. 662, § 32/HB 1221.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2004, "any" was deleted preceding "local or" near the end of subsection (a); "May 13, 2004" was substituted for "the effective date of this Code section" in subsection (b); and "of this Code section" was inserted in subsection (c).

50-5-83. Definitions; requirements for state purchasing card program.

  1. As used in this Code section, the term:
    1. "Agency" or "agencies" means any entity of this state, including any department, agency, division, council, bureau, board, commission, public corporation, or authority; provided, however, that such term shall not mean a political subdivision of this state.
    2. "Department" means the Department of Administrative Services.
    3. "Purchasing card" means a credit or debit card issued by a credit card company, bank, or other financial institution and provided by the State of Georgia or any of its agencies under the State of Georgia Purchasing Card Program to state employees for the purpose of making purchases on behalf of such agencies or the state.
  2. Any purchasing card program established by the department or by any other agency shall conform to the following requirements:
    1. Purchasing cards shall only be issued to state employees whose job duties require the use of a purchasing card;
    2. Each agency that allows the use of purchasing cards by its employees shall develop policies and procedures consistent with guidelines developed by the department pursuant to this Code section to identify those job positions within each agency that would require the use of a purchasing card;
    3. Each employee receiving a purchasing card shall be required to sign an ethical behavior agreement for the use of the card which shall be developed by the department;
    4. Each agency that allows its employees to use purchasing cards shall provide for the review of all purchases on such cards, shall maintain receipts for each purchase, and shall maintain a log showing each purchase, the relevant vendor's name, the item purchased, the date of the purchase, the amount of the purchase, the name of the employee making the purchase, and any other information that shall be specified by the department;
    5. Purchases made on purchasing cards shall be reviewed and approved by supervisory personnel at least quarterly;
    6. Purchasing cards shall not be used for items over $5,000.00 unless the item is:
      1. Purchased pursuant to a valid state contract; and
      2. Purchased in compliance with state procurement policy;
    7. Purchasing cards shall not be used to purchase gift cards;
    8. Purchasing cards shall not be used to purchase alcoholic beverages, tobacco products, or personal items that are not job related, and state contracts for purchasing cards shall contain such prohibitions on the use of such purchasing cards;
    9. The department shall develop a training manual on the use of purchasing cards which shall instruct users of purchasing cards on the maximum value utilization of such purchasing cards and employees who use such purchasing cards shall comply with the provisions of such manual;
    10. Agencies shall review not less than annually all purchasing cards issued to their employees and shall eliminate purchasing cards for employees who demonstrate consistently low usage of such purchasing cards;
    11. Agencies which have more than 100 purchasing cards issued to employees shall establish goals to reduce such number of purchasing cards;
    12. Employees hired for job positions for which purchasing cards are issued shall be subjected to criminal background checks before hiring and a credit check shall be completed by the hiring agency on all employees to whom a purchasing card is issued prior to issue;
    13. Purchasing cards shall be issued only to employees of agencies and no purchasing cards shall be issued to employees of foundations associated with agencies;
    14. Each purchase made with a purchasing card shall be accompanied by a receipt or other documentation listing each item purchased, the purchase price for each item, and any taxes, fees, or other amounts paid in connection with such purchase; and
    15. With respect to any purchase made with a purchasing card, if the employee to whom such card was issued does not provide documentation meeting the requirements of paragraph (14) of this subsection to his or her supervisor for recording on the purchasing log required to be maintained as provided in paragraph (4) of this subsection, such employee shall be personally responsible for such purchase.
  3. Any employee of an agency who knowingly:
    1. Uses a purchasing card for personal gain;
    2. Purchases items on such purchasing card that are not authorized for purchase by such employee;
    3. Purchases items in violation of this Code section; or
    4. Retains for such employee's personal use a rebate or refund from a vendor, bank, or other financial institution for a purchase or the use of a purchasing card

      shall be subject to immediate termination of employment, restitution for the amount of the improper purchases, and criminal prosecution. Any person violating this subsection shall be guilty of a misdemeanor of a high and aggravated nature if the value of the items improperly purchased or retained is less than $500.00 in the aggregate and shall be guilty of a felony if the value of the items improperly purchased or retained is $500.00 or more in the aggregate and, upon conviction of such felony, shall be sentenced to not less than one nor more than 20 years' imprisonment, a fine not to exceed $50,000.00, or both.

  4. An employee's supervisor who knowingly intentionally, willfully, wantonly, or recklessly allows or who conspires with an employee who is issued a purchasing card to violate subsection (c) of this Code section shall be subject to immediate termination of employment and criminal prosecution. Any person violating this subsection shall be guilty of a misdemeanor of a high and aggravated nature if the value of the items improperly purchased or retained is less than $500.00 in the aggregate and shall be guilty of a felony if the value of the items improperly purchased or retained is $500.00 or more in the aggregate and, upon conviction of such felony, shall be sentenced to not less than one nor more than 20 years' imprisonment, a fine not to exceed $50,000.00, or both.
  5. The department is authorized to promulgate such rules and regulations as necessary to implement this Code section.

(Code 1981, §50-5-83, enacted by Ga. L. 2008, p. 776, § 2/HB 1113; Ga. L. 2009, p. 8, § 50/SB 46; Ga. L. 2011, p. 387, § 1/HB 290.)

The 2011 amendment, effective July 1, 2011, added paragraph (a)(1); redesignated former paragraphs (a)(1) and (a)(2) as present paragraphs (a)(2) and (a)(3), respectively; in paragraph (a)(3), deleted "departments or" preceding "agencies" in two places; in subsection (b), substituted "agency" for "department or agency of the state" throughout; substituted "Agencies" for "Departments and agencies of the state" at the beginning of paragraphs (b)(10) and (b)(11); deleted "by at least 10 percent by December 31, 2009" following "cards" at the end of paragraph (b)(11); deleted "department or" following "hiring" in paragraph (b)(12); in two places in paragraph (b)(13), deleted "departments and" preceding "agencies" and deleted "of the state" following "agencies"; and substituted "employee of an agency" for "employee of a department or agency of the state" in the introductory language of paragraph (c). See editor's note for applicability.

Editor's notes.

- Ga. L. 2008, p. 776, § 4/HB 1113, not codified by the General Assembly, provides that this Code section shall apply to all transactions occurring on and after July 1, 2008.

Ga. L. 2011, p. 387, § 2/HB 290, not codified by the General Assembly, provides, in part, that the amendment to this Code section shall apply to offenses committed on or after July 1, 2011.

OPINIONS OF THE ATTORNEY GENERAL

Fingerprinting required for violators.

- Offenses arising under O.C.G.A. § 50-5-83(c) are designated as offenses for which those charged are to be fingerprinted. 2009 Op. Att'y Gen. No. 2009-1.

50-5-84. Contracting with companies having business operations in Sudan; scrutinized companies; certifications.

  1. As used in this Code section, the term:
    1. "Business operations" means engaging in commerce in any form in Sudan, including, but not limited to, acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.
    2. "Company" means any sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association, including all wholly owned subsidiaries, majority owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit.
    3. "Government of Sudan" means the government in Khartoum, Sudan, that is led by the National Congress Party, formerly known as the National Islamic Front, or any successor government formed on or after October 13, 2006, including the coalition National Unity Government agreed upon in the Comprehensive Peace Agreement for Sudan, and does not include the regional government of southern Sudan.
    4. "Marginalized populations of Sudan" include, but are not limited to, the portion of the population in the Darfur region that has been genocidally victimized; the portion of the population of southern Sudan victimized by Sudan's north-south civil war; the Beja, Rashidiya, and other similarly underserved groups of eastern Sudan; the Nubian and other similarly underserved groups in Sudan's Abyei, southern Blue Nile, and Nuba Mountain regions; and the Amri, Hamadab, Manasir, and other similarly underserved groups of northern Sudan.
    5. "Military equipment" means weapons, arms, military supplies, and equipment that may readily be used for military purposes, including, but not limited to, radar systems, military-grade transport vehicles, or supplies or services sold or provided directly or indirectly to any force actively participating in armed conflict in Sudan.
    6. "Mineral-extraction activities" include the exploring, extracting, processing, transporting, or wholesale selling or trading of elemental minerals or associated metal alloys or oxides (ore), including gold, copper, chromium, chromite, diamonds, iron, iron ore, silver, tungsten, uranium, and zinc.
      1. "Oil related activities" include:
        1. Exporting, extracting, producing, refining, processing, exploring for, transporting, selling, or trading oil; and
        2. Constructing, maintaining, or operating a pipeline, refinery, or other oil field infrastructure.
      2. A company shall not be considered to be involved in oil related activities if:
        1. The company is involved in the retail sale of gasoline or related consumer products in Sudan but is not involved in any other activity described in subparagraph (A) of this paragraph; or
        2. The company is involved in leasing or owns rights to an oil block in Sudan but is not involved in any other activity described in subparagraph (A) of this paragraph.
    7. "Power-production activities" means any business operations that involve a project commissioned by the National Electricity Corporation of Sudan or other similar entity of the government of Sudan whose purpose is to facilitate power generation and delivery, including establishing power-generating plants or hydroelectric dams, selling or installing components for the project, or providing service contracts related to the installation or maintenance of the project.
    8. "Scrutinized company" means a company that is conducting business operations in Sudan that is involved in power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, but excludes a company that can demonstrate any of the following:
      1. Its business operations are conducted under contract directly and exclusively with the regional government of southern Sudan;
      2. Its business operations are conducted under a license from the Office of Foreign Assets Control or are expressly exempted under federal law from the requirement to be conducted under such a license;
      3. Its business operations consist of providing goods or services to marginalized populations of Sudan;
      4. Its business operations exclusively consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
      5. Its business operations consist of providing goods or services that are used only to promote health or education;
      6. Its business operations with the Government of Sudan will be voluntarily suspended for the entire duration of the contract for goods or services for which they have bid on, or submitted a proposal for, a contract with a state agency; or
      7. It has adopted, publicized, and is implementing a formal plan to cease business operations within one year and to refrain from conducting any new business operations.
    1. A scrutinized company shall be ineligible to, and shall not, bid on or submit a proposal for a contract with a state agency for goods or services.
    2. Notwithstanding paragraph (1) of this subsection, the Department of Administrative Services may permit a scrutinized company, on a case-by-case basis, to bid on or submit a proposal for a contract with a state agency for goods or services if it is in the best interests of the state to permit the scrutinized company to bid on or submit a proposal for one or more contracts with a state agency for goods or services.
    3. In making this determination, the Department of Administrative Services may utilize the following resources:
      1. Verification by an independent third party or nonprofit organization that a company is either:
        1. Undertaking significant humanitarian efforts in conjunction with an international organization, the Government of Sudan, the regional government of southern Sudan, or a nonprofit organization to benefit one or more marginalized populations of Sudan. The party or organization providing the verification or an independent third party shall evaluate and certify that the significant humanitarian efforts are substantial in relation to the company's Sudan business operations; or
        2. Through engagement with the Government of Sudan, materially improving conditions for the genocidally victimized population in Darfur; and
      2. A National Interest Waiver issued by the President of the United States excluding a company from the federal contract prohibitions provisions of the Sudan Accountability and Divestment Act (Public Law 110-174).
    1. A state agency shall require a company that submits a bid or proposal with respect to a contract for goods or services, that currently or within the previous three years has had business activities or other operations outside of the United States, to certify that the company is not a scrutinized company.
    2. A state agency shall not require a company that submits a bid or proposal with respect to a contract for goods or services, and that currently or within the previous three years has had business activities or other operations outside of the United States, to certify that the company is not a scrutinized company, if the company has obtained permission to bid on or submit a proposal for a contract with a state agency for goods or services pursuant to paragraph (2) of subsection (b) of this Code section.
    1. Not later than August 1, 2009, the Department of Administrative Services shall file a written notice to the United States Attorney General detailing the requirements contained in this Code section, as required by the federal Sudan Accountability and Divestment Act of 2007 (P. L. No. 110-174).
    2. Annually thereafter, the Department of Administrative Services shall file a publicly available report to the General Assembly and the United States Attorney General outlining the actions taken under this Code section.
    3. The Department of Administrative Services shall report to the Attorney General of Georgia the names of companies determined to have submitted false certifications under subsection (c) of this Code section, together with information as to the false certification, and the Attorney General shall determine whether to bring a civil action against the companies. The companies shall pay all costs or fees incurred in a civil action, including those for investigations that led to the discovery of a false certification.
  2. If the Department of Administrative Services determines that a company has submitted a false certification under subsection (c) of this Code section:
    1. The company shall be liable for a civil penalty in an amount that is equal to the greater of $250,000.00 or twice the amount of the contract for which a bid or proposal was submitted;
    2. The state agency or the Department of Administrative Services may terminate the contract with the company; and
    3. The company shall be ineligible to, and shall not, bid on a state contract for a period of not less than three years from the date the state agency determines that the company submitted the false certification.

      The Department of Administrative Services shall report to the Attorney General the name of the company that the Department of Administrative Services determined had submitted a false certification under subsection (c) of this Code section, together with its information as to the false certification, and the Attorney General shall determine whether to bring a civil action against such company. If such company is found to have submitted a false certification, such company shall be ordered to pay all costs and fees incurred by the state in the civil action, including all costs incurred by the state agency and the Department of Administrative Services for investigations that led to the finding of the false certification and all costs and fees incurred by the Attorney General.

  3. The General Assembly shall periodically review this Code section and determine if any of the following events have occurred which should be construed and deemed to be a basis for repealing this Code section:
    1. The Congress or President of the United States declares the Darfur genocide has been halted for at least 12 months;
    2. The United States revokes all sanctions imposed against the Government of Sudan;
    3. The President of the United States has certified to Congress that the Government of Sudan has honored its commitments to do all of the following:
      1. Abide by United Nations Security Council Resolution 1769 (2007);
      2. Cease attacks on civilians;
      3. Demobilize and demilitarize the Janjaweed and associated militias;
      4. Grant free and unfettered access for delivery of humanitarian assistance; and
      5. Allow for the safe and voluntary return of refugees and internally displaced persons;
    4. The Congress or President of the United States, through legislation or executive order, declares the contract prohibition of the type provided for in this Code section interferes with the conduct of United States foreign policy; or
    5. Such other circumstances as the General Assembly determines to warrant the discontinuance of the provisions of this Code section.

(Code 1981, §50-5-84, enacted by Ga. L. 2009, p. 247, § 2/SB 170.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2009, ", the company shall be subject to" was deleted from the end of the introductory language of subsection (e).

Editor's notes.

- Ga. L. 2009, p. 247, § 1/SB 170, not codified by the General Assembly, provides that: "The General Assembly finds that:

"(1) Since 1993, the United States Secretary of State has determined Sudan is a country whose government has repeatedly provided support for acts of international terrorism, thereby restricting United States assistance, defense exports and sales, and financial and other transactions with the Government of Sudan.

"(2) On September 21, 2004, in addressing the United Nations General Assembly, President George W. Bush affirmed the Secretary of State's finding and stated, 'At this hour, the world is witnessing terrible suffering and horrible crimes in the Darfur region of Sudan, crimes my government has concluded are genocide.'

"(3) The federal government has imposed sanctions against the Government of Sudan since 1997. These sanctions are monitored through the United States Treasury Department's Office of Foreign Assets Control (OFAC).

"(4) On December 31, 2007, President George W. Bush signed the Sudan Accountability and Divestment Act (Public Law 110-174). The legislation was passed by the Senate and the House of Representatives unanimously. That act authorizes state and local governments to adopt policies to divest from and prohibit contracts with problematic companies operating in Sudan's oil, power, mineral, and military sectors. That act also prohibits the federal government from contracting with these companies."

Ga. L. 2009, p. 247, § 3/SB 170, not codified by the General Assembly, provides for severability.

50-5-85. State prohibited from entering into certain contracts without certification that boycott of Israel not to be conducted by other party.

  1. As used in this Code section, the term:
    1. "Boycott of Israel" means engaging in refusals to deal with, terminating business activities with, or other actions that are intended to limit commercial relations with Israel or individuals or companies doing business in Israel or in Israeli-controlled territories, when such actions are taken:
      1. In compliance or adherence to calls for a boycott of Israel other than those boycotts to which 50 U.S.C. App. Section 2407(c), as it existed on January 1, 2016, applies; or
      2. In a manner that discriminates on the basis of nationality, national origin, religion, or other unreasonable basis that is not founded on a valid business reason.
    2. "Company" means any sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association, including all wholly owned subsidiaries, majority owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit.
  2. The state shall not enter into a contract with an individual or company if the contract is related to construction or the provision of services, supplies, or information technology unless the contract includes a written certification that such individual or company is not currently engaged in, and agrees for the duration of the contract not to engage in, a boycott of Israel.
  3. Subsection (b) of this Code section shall not apply to contracts with a total value of less than $1,000.00.

(Code 1981, §50-5-85, enacted by Ga. L. 2016, p. 262, § 1/SB 327; Ga. L. 2017, p. 774, § 50/HB 323.)

Effective date.

- This Code section became effective July 1, 2016.

The 2017 amendment, effective May 9, 2017, part of an Act to revise, modernize, and correct the Code, substituted "Subsection (b)" for "Subsection (a)" at the beginning of subsection (c).

Law reviews.

- For note, "Talk Isn't Cheap: Protecting Freedom of Speech in Light of Georgia's Anti-Boycott Legislation," see 52 Ga. L. Rev. 967 (2018).

PART 2 L OCAL POLITICAL SUBDIVISION PURCHASES

50-5-100. Local political subdivision purchases through state authorized.

The Department of Administrative Services is authorized to permit local political subdivisions, on an optional basis, to purchase their supplies through the state.

(Ga. L. 1968, p. 1352, § 1.)

Cross references.

- Power of Department of Administrative Services to permit area planning and development commissions to purchase services and supplies through state, § 50-8-41.

OPINIONS OF THE ATTORNEY GENERAL

Area planning and development commissions (now regional development centers) are authorized to use department to obtain best prices and terms available in marketplace; an alternative is for local political subdivisions to purchase the necessary equipment, material, or supplies through the department and then appropriate or loan the material, equipment, or supplies to the area planning and development commissions in their area. 1970 Op. Att'y Gen. No. 70-202.

50-5-101. Notice to department; establishment of uniform standard specifications; report of annual requirements.

The governing authorities of each of the local political subdivisions in this state shall have the right, from time to time, to determine through study whether an overall substantial price advantage will result to a political subdivision by the means of a local political subdivision either alone or in conjunction with another political subdivision bidding through the Department of Administrative Services on standard items of equipment, supplies, or services or other standard expenses ordinarily needed, procured, or incurred by such governments without a sacrifice of safety or quality. If the governing authority of any political subdivision shall determine that such a price advantage may be obtained by such means on any one or more of such items or expenses, the governing authority or authorities shall make this fact known to the Department of Administrative Services. After receipt of such notice from the political subdivisions, the Department of Administrative Services shall, after consultation with the governing authorities, establish sets of uniform standard specifications for such item or items as may be reasonably required in order to meet the needs and requirements of the requesting political subdivision. The governing authorities of the requesting political subdivision shall, at such times as the Department of Administrative Services shall prescribe, report its probable annual requirements for the standard items to the Department of Administrative Services and the requested time for delivery of the items. The Department of Administrative Services shall compile the requirements together with such other information as may be needed for the purpose of advertising for bids for a uniform state price on the items.

(Ga. L. 1968, p. 1352, § 2.)

OPINIONS OF THE ATTORNEY GENERAL

Area planning and development commissions (now regional development centers) are authorized to use department to obtain best prices and terms available in marketplace; an alternative is for local political subdivisions to purchase the necessary equipment, material, or supplies through the department and then appropriate or loan the material, equipment, or supplies to the area planning and development commissions in their area. 1970 Op. Att'y Gen. No. 70-202.

50-5-102. Competitive bidding procedure; bidder information; establishment of regulations and standards.

The Department of Administrative Services shall advertise for bids for supply of such items in the same manner followed for state purchases; provided, however, that the Department of Administrative Services shall inform prospective bidders that the bid requested is for the furnishing of the items to the designated political subdivisions at the times specified on the basis of a single state price applicable to all such local political subdivisions; that payment for the items as may be purchased by the political subdivisions shall be made by the respective political subdivision to the bidder; that no guarantee is made that any purchase will be made from the successful bidder as a result of such bid; and such other information as may be appropriate under the circumstances. The Department of Administrative Services shall, upon receipt of bids, process the same in the same manner followed for state purchases and promptly notify the governing authorities of the political subdivisions of the name of the successful bidder, the bid price, the terms of delivery guaranteed by the successful bidder, and any other pertinent information. The commissioner of administrative services shall prescribe regulations necessary for implementation and enforcement of this part and is authorized to establish minimum standards and uniform standard specifications and procedures for the purchase and distribution of equipment, supplies, services, and other expenses for the local political subdivisions of this state.

(Ga. L. 1968, p. 1352, § 3.)

OPINIONS OF THE ATTORNEY GENERAL

Area planning and development commissions (now regional development centers) are authorized to use department to obtain best prices and terms available in marketplace; an alternative is for local political subdivisions to purchase the necessary equipment, material, or supplies through the department and then appropriate or loan the material, equipment, or supplies to the area planning and development commissions in their area. 1970 Op. Att'y Gen. No. 70-202.

RESEARCH REFERENCES

ALR.

- Public contracts: authority of state or its subdivision to reject all bids, 52 A.L.R.4th 186.

50-5-103. Purchase of motor vehicles, material, equipment, or supplies in name of state; procedure.

Notwithstanding any law to the contrary, the Department of Administrative Services, upon receiving a request to do so from a political subdivision, may purchase for the political subdivision in the name of the state any motor vehicle, material, equipment, or supplies desired by the political subdivision. The commissioner of administrative services is authorized to prescribe such rules, regulations, and procedures as he shall deem advisable concerning the purchase of motor vehicles, material, equipment, and supplies for the political subdivisions. However, no motor vehicle, material, equipment, or supplies shall be purchased in accordance with this Code section until the political subdivision shall place in the hands of the Department of Administrative Services a certified or cashier's check in an amount sufficient to cover the purchase price of the motor vehicle, material, equipment, or supplies. The Department of Administrative Services is authorized and empowered to execute the necessary documents to divest the state of all title in and to such motor vehicles, material, equipment, or supplies, and to vest in the political subdivision for whom the motor vehicle, material, equipment, or supplies were purchased all such rights in and title to the vehicles, material, equipment, or supplies.

(Ga. L. 1969, p. 940, § 1.)

OPINIONS OF THE ATTORNEY GENERAL

Sheriff not political subdivision.

- Sheriff cannot legally purchase vehicle through the state police car contract when the sheriff will personally have the title to the vehicle in the sheriff's own name as opposed to that of the political subdivision for which the person is serving as a sheriff; the sheriff acting as an individual is not a political subdivision, and only political subdivisions are authorized by this section to purchase motor vehicles through the state. 1973 Op. Att'y Gen. No. 73-47.

Area planning and development commissions (now regional development centers) are authorized to use department to obtain best prices and terms available in the marketplace; an alternative is for local political subdivisions to purchase the necessary equipment, material, or supplies through the department and then appropriate or loan the material, equipment, or supplies to the area planning and development commissions in the commission's area. 1970 Op. Att'y Gen. No. 70-202.

Cost of motor vehicle license plates is expense of Revenue Department. 1969 Op. Att'y Gen. No. 69-461.

PART 3 S MALL BUSINESS ASSISTANCE

Law reviews.

- For article, "Small-Business Health Insurance: A Symptom of the Diseased American Health Care System . . . What is th Cure?," see 69 Mercer L. Rev. 533 (2018).

50-5-120. Short title.

This part shall be known and may be cited as "The Small Business Assistance Act of 2015."

(Ga. L. 1975, p. 1619, § 1; Ga. L. 2012, p. 760, § 1-2/HB 863; Ga. L. 2015, p. 1284, § 4/HB 259.)

The 2012 amendment, effective July 1, 2012, and repealed effective July 1, 2015, substituted "2012" for "1975" in this Code section.

The 2015 amendment, effective July 1, 2015, substituted "2015" for "2012" at the end of this Code section.

Editor's notes.

- Ga. L. 2015, p. 1284, § 1/HB 259, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Georgia Business Act.' "

50-5-121. Definitions.

For the purposes of this part, the term:

  1. "Department" means the Department of Administrative Services.
  2. "Georgia resident business" means any business that regularly maintains a place from which business is physically conducted in Georgia for at least one year prior to any bid or proposal to the state or a new business that is domiciled in Georgia and which regularly maintains a place from which business is physically conducted in Georgia; provided, however, that a place from which business is conducted shall not include a post office box, a leased private mailbox, site trailer, or temporary structure.
  3. "Small business" means a business which is independently owned and operated. In addition, such business must have either fewer than 300 employees or less than $30 million in gross receipts per year.

(Ga. L. 1975, p. 1619, § 3; Ga. L. 1982, p. 3, § 50; Ga. L. 2012, p. 760, § 1-3/HB 863; Ga. L. 2015, p. 1284, § 5/HB 259.)

The 2012 amendment, effective July 1, 2012, and repealed effective July 1, 2015, added paragraph (2); redesignated former paragraph (2) as present paragraph (3); and, in paragraph (3), inserted "Georgia resident" in the first sentence, and in the second sentence, substituted "300" for "100" and "$30 million" for "$1 million".

The 2015 amendment, effective July 1, 2015, deleted "Georgia resident" preceding "business" near the beginning of paragraph (3).

Editor's notes.

- Ga. L. 2015, p. 1284, § 1/HB 259, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Georgia Business Act.' "

RESEARCH REFERENCES

ALR.

- Small Business Owned and Controlled by Socially or Economically Disadvantaged Person Under Small Business Act § 8(a) (15 U.S.C.A. § 637), 33 A.L.R. Fed. 3d 1.

50-5-122. Legislative intent.

  1. The legislative intent of this part is declared to be as follows: The most important element of the American economic system of private enterprise is free and vigorous competition. Only through the existence of free and vigorous competition can free entry into business and opportunities for personal initiative and individual achievement be assured. The preservation and expansion of such competition is essential for our economic well-being. In order to encourage such competition, it is the declared policy of the state to ensure that a fair proportion of the total purchases and contracts or subcontracts for property, commodities, and services for the state be placed with Georgia resident businesses and small businesses so long as the commodities and services of small businesses are competitive as to price and quality.
  2. The department shall be authorized to effectuate the legislative intent as set forth in this Code section.

(Ga. L. 1975, p. 1619, § 2; Ga. L. 2015, p. 1284, § 6/HB 259; Ga. L. 2016, p. 864, § 50/HB 737.)

The 2015 amendment, effective July 1, 2015, designated the existing provisions as subsection (a); inserted "Georgia resident businesses and" near the middle of the last sentence of subsection (a); and added subsection (b).

The 2016 amendment, effective May 3, 2016, part of an Act to revise, modernize, and correct the Code, revised punctuation in subsection (a). See Editor's notes.

Editor's notes.

- Ga. L. 2015, p. 1284, § 1/HB 259, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Georgia Business Act."'

Ga. L. 2016, p. 864, § 50/HB 737, which amended this Code section, purported to amend subsection (b), but actually amended subsection (a).

50-5-123. Creation of advisory council; membership; meetings; chairman; executive director.

There is created an advisory council to the department to be composed of representatives of designated small business enterprises to be named as follows: five by the Governor, two each by the President of the Senate and the Speaker of the House of Representatives, and one by the commissioner of administrative services to serve ex officio as chairman of the council. The members of the council shall serve without compensation. The council shall meet at least once monthly, or more often when necessary, at the call of the chairman in consultation with the commissioner of administrative services or his designee who shall also serve without additional compensation as executive director of the council.

(Ga. L. 1975, p. 1619, § 4; Ga. L. 1982, p. 3, § 50.)

50-5-124. Reports required of advisory council.

The council shall make a written report to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the chairmen of the Senate Committee on Insurance and Labor and the House Economic Development and Tourism Committee at least once each year, such report to be made no later than December 1. The report shall advise the Governor, the Speaker, the President, and the designated chairmen concerning progress toward achieving the legislative intent as set forth in Code Section 50-5-122 and shall contain such recommendations for legislation as the council herein provided for deems proper.

(Ga. L. 1975, p. 1619, § 5; Ga. L. 1986, p. 10, § 50; Ga. L. 1992, p. 6, § 50; Ga. L. 2009, p. 303, § 16/HB 117.)

Editor's notes.

- Ga. L. 2009, p. 303, § 20/HB 117, not codified by the General Assembly, provides that: "This Act is intended to reflect the current internal organization of the Georgia Senate and House of Representatives and is not otherwise intended to change substantive law. In the event of a conflict with any other Act of the 2009 General Assembly, such other Act shall control over this Act."

PART 4 M INORITY BUSINESS ENTERPRISE DEVELOPMENT

50-5-130. Purpose.

The General Assembly recognizes that the preservation and expansion of the American economic system of private enterprise is through free competition, but it also recognizes that the security and well-being brought about by such competition cannot be realized unless the actual and potential capacity of minority business enterprises is encouraged and developed.Therefore, it is the intent of the General Assembly that the state define a "minority business enterprise" for purposes of representation in the area of procurement of state contracts for construction, services, equipment, and goods.

(Code 1981, §50-5-130, enacted by Ga. L. 1991, p. 1380, § 3.)

50-5-131. Definitions.

As used in this part, the term:

  1. "Minority" means an individual who is a member of a race which comprises less than 50 percent of the total population of the state.
  2. "Minority business enterprise" means a small business concern which is owned and controlled by one or more minorities and is authorized to do and is doing business under the laws of this state, paying all taxes duly assessed, and domiciled within this state.
  3. "Owned and controlled" means a business:
    1. Which is at least 51 percent owned by one or more minorities or, in the case of a publicly owned business, at least 51 percent of all classes or types of the stock is owned by one or more minorities; and
    2. Whose management and daily business operations are controlled by one or more minorities.

(Code 1981, §50-5-131, enacted by Ga. L. 1991, p. 1380, § 3.)

50-5-132. Eligibility and procedures for certification; appeal of denial.

  1. Any minority business enterprise that desires to claim such status under any law of this state or any regulation promulgated pursuant thereto shall first apply for certification, in addition to any other certification required by the provisions of 49 C.F.R. 23, to the Department of Administrative Services.
  2. The Department of Administrative Services shall certify a business which meets the eligibility requirement of this part to qualify as a minority business enterprise.To qualify as a minority business enterprise, the business shall:
    1. Be a minority business enterprise;
    2. Submit any documentary evidence to support its status as a minority business enterprise;
    3. Sign an affidavit stating that it is a minority business enterprise;
    4. Be qualified to bid pursuant to the provisions of the Department of Administrative Services and other state agencies; and
    5. Present:
      1. An application, including the entire business history of the operation;
      2. Birth certificates for all minority principals;
      3. If Native American, a tribal registration card or certificate;
      4. Current resumes on all principals, key managers, and other key personnel;
      5. A current financial statement;
      6. Proof of investment by principals;
      7. Loan agreements;
      8. Lease or rental agreement for space and equipment;
      9. Evidence of latest bond;
      10. If the applicant is a sole proprietor, a copy of a blank signature card;
      11. If the applicant is a partnership, a copy of the partnership agreement; and
      12. If the applicant is a corporation, articles of organization, corporation bylaws, copies of all stock certificates, minutes of the first corporate organizational meeting, bank resolution on all company accounts, and a copy of the latest United States corporate tax return.
  3. The Department of Administrative Services shall prepare and maintain a list of certified minority business enterprises.
  4. The Department of Administrative Services may deny certification to any minority business enterprise which does not qualify as such under the provisions of this part.Any person adversely affected by an order of the Department of Administrative Services denying certification as a minority business enterprise may appeal as provided in the regulations of the Department of Administrative Services.

(Code 1981, §50-5-132, enacted by Ga. L. 1991, p. 1380, § 3.)

50-5-133. Fraud in certification process; penalty; effect of multiple violations.

  1. It shall be unlawful for a person to:
    1. Knowingly and with intent to defraud, fraudulently obtain, retain, attempt to obtain or retain, or aid another in fraudulently obtaining or retaining or attempting to obtain or retain certification as a minority business enterprise for the purposes of this part;
    2. Knowingly and willfully make a false statement with the intent to defraud, whether by affidavit, report, or other representation, to a state official or employee for the purpose of influencing the certification or denial of any certification of any entity as a minority business enterprise;
    3. Knowingly and willfully obstruct, impede, or attempt to obstruct or impede any state official or employee who is investigating the qualifications of a business entity which has requested certification as a minority business enterprise;
    4. Knowingly and willfully with intent to defraud, fraudulently obtain, attempt to obtain, or aid another person in fraudulently obtaining or attempting to obtain public moneys to which the person is not entitled under this part; or
    5. Knowingly and willfully assign any contract awarded pursuant to the Department of Administrative Services to any other business enterprise without prior written approval of the Department of Administrative Services.
  2. Any person convicted of violating any provision of this Code section shall be guilty of a felony, punishable by imprisonment for not more than five years or a fine of not more than $10,000.00 or both such imprisonment and fine.
  3. If a contractor, subcontractor, supplier, subsidiary, principal, or affiliate thereof has been found to have violated this Code section and that violation occurred within three years of another violation of this Code section, the Department of Administrative Services shall prohibit that contractor, subcontractor, supplier, subsidiary, or affiliate thereof from entering into a state project or state contract; from further bidding to a state entity; from being a subcontractor to a contractor for a state entity; and from being a supplier to a state entity.

(Code 1981, §50-5-133, enacted by Ga. L. 1991, p. 1380, § 3; Ga. L. 2013, p. 141, § 50/HB 79.)

The 2013 amendment, effective April 24, 2013, part of an Act to revise, modernize, and correct the Code, revised punctuation in paragraphs (a)(1) and (a)(4).

PART 5 S TATE USE COUNCIL

50-5-135. Creation; membership; terms; appointments; compensation; existence.

  1. There is created the State Use Council, hereafter referred to as the council. The council shall be composed of 16 members as follows:
    1. The commissioner of administrative services or his or her designee;
    2. The commissioner of human services or his or her designee;

      (2.1) The commissioner of behavioral health and developmental disabilities or his or her designee;

    3. The commissioner of community affairs or his or her designee;
    4. The commissioner of corrections or his or her designee;
    5. Five members appointed by the Governor who shall represent the business community of the state;
    6. Three members appointed by the Governor who shall represent a broad spectrum of persons with disabilities; and
    7. Three members appointed by the Governor who shall represent the interest of organizations representative of persons with disabilities.
  2. Initially, the 11 members appointed pursuant to paragraphs (5) through (7) in subsection (a) of this Code section shall serve staggered terms of office as follows: four members for two years, four members for three years, and three members for four years. Thereafter, each member shall serve for a term of four years. Such members shall serve until the appointment and qualification of their successors. The members appointed by the Governor shall be selected from the state at large but shall be representative of all of the geographic areas of the state.
  3. All successors shall be appointed in the same manner as original appointments.Vacancies in office shall be filled in the same manner as original appointments.An appointment to fill a vacancy shall be for the unexpired term.The council shall elect its own officers.No vacancy on the council shall impair the right of the quorum to exercise all rights and perform all duties of the council.
  4. The members of the council shall receive no compensation for their services but shall be entitled to and shall be reimbursed for their actual expenses, including travel and any other expenses incurred in the performance of their duties. Reimbursement for travel by a personal motor vehicle shall be made in the same manner and subject to the same limitations as provided for state employees under Code Section 50-19-7.
  5. The council shall have perpetual existence.Any change in name or composition of the council shall in no way affect the vested rights of any person under this part or impair the obligations of any contracts existing under this part.

(Code 1981, §50-5-135, enacted by Ga. L. 1993, p. 1736, § 2; Ga. L. 2009, p. 453, § 2-4/HB 228; Ga. L. 2010, p. 286, § 22/SB 244; Ga. L. 2013, p. 141, § 50/HB 79.)

The 2013 amendment, effective April 24, 2013, part of an Act to revise, modernize, and correct the Code, revised language in subsection (b).

50-5-136. Powers and authority of council.

  1. The State Use Council shall have the authority authorized in this part concerning the procurement of certain services provided and goods, wares, and merchandise produced by community based rehabilitation programs and training centers and purchased by the Department of Administrative Services. All services provided or goods, wares, or merchandise produced wholly or in part by the community based rehabilitation programs and training centers operated by or under contract with the Department of Human Services and needed by the departments, institutions, and agencies of the state and its political subdivisions supported wholly or in part by public funds shall be obtained from community based rehabilitation programs and training centers where availability of such services, goods, wares, or merchandise has been certified in writing by the council.
  2. The State Use Council shall have the following powers and authority:
    1. To designate a central nonprofit agency to represent community based rehabilitation programs and training centers in the state and to facilitate the distribution of orders of the State of Georgia for goods, wares, merchandise, and services on the procurement list among certified community based rehabilitation programs and training centers.As used in this part, the term "central nonprofit agency" means an agency organized under the laws of Georgia and operated in the interest of persons with disabilities in Georgia, the net income of which does not inure in whole or in part to the benefit of any shareholder or individual.The central nonprofit agency shall be selected using criteria established by the council and shall be selected for a period not to exceed two years, provided that an agency may succeed itself as the central nonprofit agency.The central nonprofit agency will be responsible for selecting the community based rehabilitation program and training center to perform a specific contract for work ordered by the state. Consideration will be given to the strengths of the particular organization, prior work history, and the ability to produce within time and budgetary parameters.Only programs and centers which have been certified by the council will be eligible for state use contracts.Once the community based rehabilitation program and training center has been selected and a subcontract has been established between that community based rehabilitation program and training center and the central nonprofit agency, the central nonprofit agency shall provide management and quality control assistance in the administration of the project. This may be in the form of quality assurance procedures, time and date deadlines, technical assistance in assembly, or a variety of other activities concerning the project at hand.Other than on a specific contract basis, the central nonprofit agency will offer training programs, certification workshops, quality control workshops, and other technical, management, marketing, and general assistance programs to participating programs and centers in the state. These programs may not be mandatory in all cases; however, they will be offered to help the various programs and centers become more productive and efficient in their handling of state use contracts and other work as well. The central nonprofit agency shall maintain the necessary records and data concerning contracts with certified community based rehabilitation programs and training centers and shall maintain communication with community based rehabilitation programs and training centers during the conduct of a contract which has been let with the program and center for various program services as necessary and appropriate;
    2. To develop, in conjunction with the Department of Administrative Services, a list of goods, wares, merchandise, and services which shall be set aside for purchase from community based rehabilitation programs and training centers. This list shall be reviewed annually and goods, wares, merchandise, and services may be added or deleted as necessary and appropriate;
    3. To establish fair market prices for commodities or services on the selected procurement list and to consider recommendations from the procuring agencies, the central nonprofit agency, and other relevant sources.The central nonprofit agency shall analyze the data and submit a recommended fair market price to the council along with detailed justification necessary to support the recommended prices.Pricing guidelines shall be established by the council in association with standard methodology for determining fair market value.However, the fair market prices shall not exceed the prices normally paid by state agencies for such commodities or services;
    4. To oversee and assist in the development of guidelines for the certification of community based rehabilitation programs and training centers in the State of Georgia. The intent of these guidelines shall be to evaluate the qualifications and capabilities of community based rehabilitation programs and training centers interested in certification; to determine criteria for quality, efficiency, timeliness, and cost effectiveness in the production of goods, wares, merchandise, and services to be procured under the state use plan and purchased by the State of Georgia; and to establish a certification process which shall enable community based rehabilitation programs and training centers qualified under this process to compete in procurement activities provided for by this part. All community based rehabilitation programs and training centers which are certified by the commissioner of human resources (now known as the commissioner of human services for these purposes) as of February 8, 1994, shall not have to undergo the certification evaluation and approval process until 24 months from February 8, 1994;
    5. With respect to the certification process and the designated community based rehabilitation programs and training centers which may enter into contracts under this part, to establish criteria for determining what constitutes a substantial disability to employment that prevents the individual under the disability from currently engaging in normal competitive employment. In establishing the criteria, the council shall consult with appropriate entities of government and take into account the views of nongovernmental entities representing the severely disabled.The council shall give weight to the criteria established by the federal committee for purchase of products and services of the blind and other severely disabled persons, pursuant to the federal Wagner-O'Day Act (41 U.S.C. Sections 46-48b), as amended; and
    6. To make an annual report to the Governor and the General Assembly concerning its activities under this part and the activities and contracts provided by the central nonprofit agency. The State Use Council shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the report in the manner which it deems to be most effective and efficient.

(Code 1981, §50-5-136, enacted by Ga. L. 1993, p. 1736, § 2; Ga. L. 1995, p. 1302, §§ 13, 14; Ga. L. 2005, p. 1036, § 43/SB 49; Ga. L. 2009, p. 453, §§ 2-2, 2-27/HB 228; Ga. L. 2013, p. 141, § 50/HB 79.)

The 2013 amendment, effective April 24, 2013, part of an Act to revise, modernize, and correct the Code, revised punctuation in the next to last sentence of paragraph (b)(1).

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1994, "as of February 8, 1994," and "February 8, 1994" were substituted for "at the time of the effective date of this part" and "said effective date", respectively, in the last sentence in paragraph (b)(4).

OPINIONS OF THE ATTORNEY GENERAL

Product or service as mandatory source.

- Goods and services placed jointly on the set aside list by the Commissioner of Administrative Services and the State Use Council and purchased by the Department of Administrative Services are mandatory sources for the state, subject to the further provisions of the State Use Law. 2007 Op. Att'y Gen. No. 2007-6.

Price determination.

- Determination of the "price normally paid by state agencies" is within the purview of the Commissioner of Administrative Services, in that the Commissioner has the general oversight of state purchasing and the Commissioner is empowered to cancel or modify a contract under State Use Law for "noncompetitive pricing reasons." 2007 Op. Att'y Gen. No. 2007-6.

Service and pricing specifications.

- Specifications and parameters for particular goods and services recommended by agencies should be considered by the State Use Council in certifying availability under O.C.G.A. § 50-5-136(a) and by the Commissioner of Administrative Services and Council in creating the set aside list under O.C.G.A. § 50-5-136(b)(2). 2007 Op. Att'y Gen. No. 2007-6.

Time limit to contracts.

- There is no statutory time limit to contracts made under the state use program; however, the Commissioner of Administrative Services and the State Use Council "annually" review the goods and services to be placed on the set aside list, and the contracts are subject to cancellation or modification at any time by the Commissioner for reasons of nonperformance or noncompetitive price. 2007 Op. Att'y Gen. No. 2007-6.

50-5-137. Participation of certified community based rehabilitation programs.

Notwithstanding any other provisions of law to the contrary, certified community based rehabilitation programs and training centers conducting contract work under the state use plan and under the auspices of the central nonprofit agency shall not be required to have prior experience in providing the goods, wares, merchandise, or services in a given contract in order to participate in these contracts.

(Code 1981, §50-5-137, enacted by Ga. L. 1993, p. 1736, § 2.)

50-5-138. Procurement of contracts with central nonprofit agencies; fees; cancellation or modification; existing contracts grandfathered.

  1. The Department of Administrative Services shall contract with the central nonprofit agency to pay a fee to such agency on the basis of contracts procured from the state.This fee shall be not less than 5 percent nor more than 8 percent of the total contract fee awarded for a particular project.The fees will be added to the fair market price paid by the state agencies and political subdivisions or will be paid from assessments received from the state agencies and political subdivisions by the Department of Administrative Services. The timeliness and methodology of collection of these fees will be decided upon between the Department of Administrative Services and the central nonprofit agency and shall be incorporated into such contract.
  2. The commissioner of administrative services retains the right to cancel or modify contracts which have been selected for procurement under this part for nonperformance and noncompetitive pricing reasons.
  3. All contracts which presently exist between the State of Georgia and community based rehabilitation programs and training centers in Georgia, including the State of Georgia administered Georgia Industries for the Blind, shall be grandfathered in perpetuity, excepting for nonperformance reasons according to the policies, regulations, and determination of the Department of Administrative Services.

(Code 1981, §50-5-138, enacted by Ga. L. 1993, p. 1736, § 2.)

OPINIONS OF THE ATTORNEY GENERAL

Cancellation of contracts.

- Under O.C.G.A. § 50-5-138(b), the Commissioner of Administrative Services is empowered to cancel or modify contracts when either nonperformance or noncompetitive pricing is present. 2007 Op. Att'y Gen. No. 2007-6.

Establishment of source and fee.

- Commissioner of Administrative Services and the central nonprofit agency must contract with one another in order to establish the mandatory source and to establish the amount, timing, and method of the statutory fee to be paid to the central nonprofit agency by state agencies within statutory parameters. 2007 Op. Att'y Gen. No. 2007-6.

ARTICLE 4 DISPOSITION OF SURPLUS PROPERTY

50-5-140. Department to request lists of surplus property.

It shall be the duty and responsibility of the head of each department, institution, or agency of the state to furnish, upon written request by the Department of Administrative Services on such forms as provided by it, a list of all surplus personal property held by that department, institution, or agency at the time of the request. These requests may be made by the Department of Administrative Services as often as it deems necessary.

(Ga. L. 1968, p. 1148, § 1.)

OPINIONS OF THE ATTORNEY GENERAL

Disposal of surplus airplane.

- Airplane that has been declared surplus property may be disposed of in accordance with Ga. L. 1964, p. 1148, §§ 1 and 5 (see O.C.G.A. §§ 50-5-140 and50-5-145). 1970 Op. Att'y Gen. No. 70-67.

Disposal of airplane received as gift.

- Airplane received by the University of Georgia as a gift, that has never been used, and is not required for the conduct of business of the university, need not be transferred to the Department of Transportation for disposal. 1970 Op. Att'y Gen. No. 70-67.

Disposal of surplus property by Legislative Services Committee.

- There is likely no legal impediment to the Legislative Services Committee transferring the surplus property in the committee's custody to the custody of the Department of Administrative Services (DOAS) for disposition pursuant to the DOAS authority. 1994 Op. Att'y Gen. No. U94-3.

50-5-141. Transfer, sale, trade, or destruction authorized; prohibition of certain employee purchases.

  1. The Department of Administrative Services is authorized and it shall be its duty to dispose of surplus property by one of the following means:
    1. Transfer to other state agencies;
    2. Sell to the highest responsible bidder for cash;
    3. Sell by fixed price; provided, however, that surplus property sold by fixed price shall have been originally purchased by the state for an amount of $5,000.00 or less;
    4. Trade in such surplus property on the purchase of new equipment if the Department of Administrative Services shall determine that such action is for the best interest of the state; or
    5. Where the Department of Administrative Services shall determine that the surplus property has no value or that the cost of maintaining and selling the surplus property exceeds the anticipated proceeds from the sale of the surplus property, by destruction and disposal and order of removal from the inventory of the department, institution, or agency with such action noted thereon.
  2. No employee of the Department of Administrative Services or such employee's immediate family member shall purchase surplus property sold by fixed price or negotiated sale; nor shall any person purchase surplus property by fixed price or negotiated sale for the direct or indirect benefit of any such employee or employee's immediate family member.

(Ga. L. 1968, p. 1148, § 2; Ga. L. 2006, p. 340, § 1/SB 592; Ga. L. 2007, p. 47, § 50/SB 103.)

50-5-142. Commissioner to promulgate rules and regulations.

The commissioner of administrative services shall promulgate such rules and regulations as may be required to carry out Code Sections 50-5-140, 50-5-141, 50-5-143, 50-5-144, and 50-5-146 and shall establish procedures for the disposition of surplus property, including the manner whereby the sale of surplus property shall be advertised and competitive bids for the purchase thereof shall be secured.

(Ga. L. 1968, p. 1148, § 3; Ga. L. 1972, p. 838, § 2; Ga. L. 1984, p. 903, § 1; Ga. L. 2006, p. 340, § 2/SB 592.)

OPINIONS OF THE ATTORNEY GENERAL

Rules and regulations must be within limitations.

- Although both the Office of Planning and Budget and the Department of Administrative Services have the authority to promulgate rules and regulations, they can only do so via the narrowly defined limitations imposed by the General Assembly for to do otherwise would be an improper delegation of legislative authority. 1972 Op. Att'y Gen. No. 72-73.

50-5-143. Transfer to political subdivision by negotiated sale; conditions.

  1. As used in this Code section, the term "political subdivision" means any county or municipality of this state or any county or independent board of education of this state.
  2. In addition to the authority provided in Code Section 50-5-141, the Department of Administrative Services shall be further authorized to dispose of surplus property by the transfer of the property to any political subdivision through a negotiated sale if the Department of Administrative Services determines that such sale would be in the best interests of the state, and, under the circumstances, the negotiated sales price would constitute a reasonable consideration for the property.
  3. When any surplus property is transferred to a political subdivision, pursuant to subsection (b) of this Code section, such transfer shall be subject to the following conditions:
    1. The property shall not be resold by any such political subdivision within one year after the transfer without the written consent of the Department of Administrative Services; and
    2. The Department of Administrative Services shall have the right, which shall be exercised at its discretion, to supervise the resale of the property at public outcry to the highest responsible bidder if the resale of the property is within one year after such transfer.

(Ga. L. 1972, p. 838, § 1; Ga. L. 1982, p. 3, § 50.)

50-5-144. Transfer to charitable institutions or public corporations by negotiated sale; conditions.

  1. As used in this Code section, the term:
    1. "Charitable institution" means any nonprofit tax-exempt person, firm, or corporation providing services within this state.
    2. "Public corporation" means any public authority or other public corporation created by or pursuant to state law.
  2. In addition to any other authority provided by Code Sections 50-5-140 through 50-5-143, this Code section, and Code Section 50-5-146, the Department of Administrative Services shall be authorized to dispose of surplus property, including surplus property subject to paragraph (7) of Code Section 50-5-51, by the transfer of the property to any charitable institution or public corporation through a negotiated sale if the department determines that such sale would be in the best interests of the state, and, under the circumstances, the negotiated sales price would constitute a reasonable consideration for the property.
  3. When any surplus property is sold to a charitable institution or to a public corporation pursuant to subsection (b) of this Code section, the sale shall be subject to the following conditions:
    1. The property shall not be resold by the purchaser within one year after the sale without the written consent of the Department of Administrative Services; and
    2. The Department of Administrative Services shall have the right and obligation to supervise the resale of the property at public outcry to the highest responsible bidder if the resale is within one year after the sale and, if the resale price exceeds the original negotiated sales price, the amount of the excess shall be paid to the Department of Administrative Services.

(Ga. L. 1979, p. 1071, § 1; Ga. L. 2006, p. 340, § 3/SB 592.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1986, "Code Section" was inserted preceding "50-5-146" in subsection (b).

50-5-145. Limited application of provisions.

Nothing contained within Code Sections 50-5-140 through 50-5-144 and 50-5-146 shall be construed so as to apply to any real property owned by the state, and such Code sections shall not apply to such property, nor shall such Code sections be construed so as to prohibit the Attorney General from distributing or selling the published reports of the opinions of the Attorney General.

(Ga. L. 1968, p. 1148, § 5; Ga. L. 1972, p. 838, § 3.)

OPINIONS OF THE ATTORNEY GENERAL

Disposal of surplus airplane.

- Airplane that has been declared surplus property may be disposed of in accordance with Ga. L. 1968, p. 1148, §§ 1 and 5 (see O.C.G.A. §§ 50-5-140 and50-5-145). 1970 Op. Att'y Gen. No. 70-67.

Disposal of airplane received as gift.

- Airplane received by the University of Georgia as a gift, that has never been used, and is not required for the conduct of business of the university, need not be transferred to the Department of Transportation for disposal. 1970 Op. Att'y Gen. No. 70-67.

50-5-146. Penalty.

Any person who causes state property having a value of less than $200.00 to be disposed of in violation of this article shall be guilty of a misdemeanor. If such property has a value of $200.00 or more, he or she shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than five years.

(Ga. L. 1968, p. 1148, § 4; Ga. L. 1982, p. 3, § 50; Ga. L. 2006, p. 340, § 4/SB 592.)

ARTICLE 5 COMMUNICATION SERVICES

50-5-160 through 50-5-202.

Repealed by Ga. L. 2008, p. 1015, § 10/SB 344, effective May 14, 2008.

Editor's notes.

- This article consisted of Code Sections 50-5-160 through 50-5-169 (Part 1), Code Sections 50-5-180 through 50-5-186 (Part 2), and Code Sections 50-5-190 through 50-5-202 (Part 3), relating to communications services, and was based on Ga. L. 1969, p. 616; Ga. L. 1973, p. 1261, §§ 1-9; Ga. L. 1975, p. 1642, §§ 1-7; Ga. L. 1991, p. 389, § 1; Ga. L. 1992, p. 480, § 1; Ga. L. 1992, p. 1441, § 1; Ga. L. 1994, p. 97, § 50; Ga. L. 1994, p. 2010, § 1; Ga. L. 1995, p. 1302, § 15; Ga. L. 2000, p. 249, §§ 4-6; Ga. L. 2003, p. 354, § 1; Ga. L. 2005, p. 694, § 2/HB 293; Ga. L. 2005, p. 1036, § 44/SB 49.

CHAPTER 5A OFFICE OF STATE TREASURER

Law reviews.

- For annual survey of law on administrative law, see 62 Mercer L. Rev. 1 (2010).

50-5A-1. Office of the State Treasurer created; state treasurer appointed.

There is created the Office of the State Treasurer. The state treasurer shall be both appointed and removed by the State Depository Board and shall be in the unclassified service. The state treasurer shall hire the personnel for the office and shall supervise, direct, account for, organize, plan, and execute the functions vested in the office.

(Ga. L. 1972, p. 1015, § 408A; Code 1981, §50-5-2; Code 1981, §50-5A-1, as redesignated by Ga. L. 1993, p. 1402, § 2; Ga. L. 2010, p. 863, § 1/SB 296.)

JUDICIAL DECISIONS

Cited in Carter v. Burson, 230 Ga. 511, 198 S.E.2d 151 (1973).

50-5A-2. State treasurer required to give bond; conditions.

The state treasurer shall post bond to the state in the sum of $200,000.00 with a bonding company duly licensed to do business in the state and approved by the Governor, the annual premium of the bond to be paid from funds appropriated to the Office of the State Treasurer. The bond shall be conditioned as follows:

  1. That the state treasurer faithfully discharge, execute, and perform all and singular the duties required of him or her by virtue of the office and the Constitution and laws of this state;
  2. That the state treasurer faithfully account for and pay over all state moneys received by him or her from time to time by virtue of the office; and
  3. That the state treasurer safely deliver to his or her successor all records, moneys, vouchers, accounts, and effects whatsoever belonging to the office.

(Orig. Code 1863, § 87; Code 1868, § 84; Code 1873, § 90; Ga. L. 1876, p. 126, §§ 2, 4; Code 1882, §§ 90, 91b; Civil Code 1895, §§ 188, 190; Civil Code 1910, §§ 217, 219; Ga. L. 1919, p. 383, § 3; Code 1933, § 40-1001; Ga. L. 1972, p. 1015, §§ 408, 408B, 2102, 2104; Code 1981, §50-5-3; Ga. L. 1982, p. 843, § 1; Code 1981, §50-5A-2, as redesignated by Ga. L. 1993, p. 1402, § 2; Ga. L. 2010, p. 863, § 1/SB 296.)

Cross references.

- Official bonds generally, T. 45, C. 4.

JUDICIAL DECISIONS

Insufficiency of unsigned bond.

- Bond unsigned by the treasurer did not meet the requirements of this section. Mayo v. Renfroe, 66 Ga. 408 (1881).

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, § 130 et seq.

50-5A-3. Property of state treasurer liable for faithful performance; lien in favor of state.

The surety may, by express stipulation in writing, limit its liability to a specific sum to be stated in the bond of the state treasurer, and all the property of the state treasurer to the full amount of the bond and the property of the securities to the amount for which they may be severally bound shall be liable for the faithful performance by the state treasurer of the duties of the office from the date of the execution of the bond. A lien is created in favor of the state upon the property of the state treasurer to the amount of the bond and upon the property of the securities upon the bond to the amount for which they may be severally liable, from the date of the execution of the bond.

(Ga. L. 1876, p. 126, § 3; Code 1882, § 91a; Civil Code 1895, § 189; Civil Code 1910, § 218; Code 1933, § 40-1002; Ga. L. 1972, p. 1015, §§ 408, 408B, 2102, 2104; Code 1981, §50-5-4; Code 1981, §50-5A-3, as redesignated by Ga. L. 1993, p. 1402, § 2; Ga. L. 2010, p. 863, § 1/SB 296.)

JUDICIAL DECISIONS

Invalid bond due to lack of affidavit.

- Since there was no affidavit of the sureties as to what the sureties were worth attached to the bond, there cannot be a statutory bond in accordance with this section. Mayo v. Renfroe, 66 Ga. 408 (1881).

Enforcement of bond.

- Bond of a state depository is enforced in the same manner as the treasurer's bond. Colquitt v. Simpson & Ledbetter, 72 Ga. 501 (1884).

State acquires lien for amount of executed bond.

- Under former Code 1910, §§ 218 and 1252 (see O.C.G.A. §§ 50-5A-3 and50-17-58), from the date of the execution of the bond of a state depository, the state has a lien on its property for the amount thereof, and the lien of the state is not limited to such property of the depository as may be reached by levy and sale but extends to all the property, including choses in action. Standard Accident Ins. Co. v. Luther Williams Bank & Trust Co., 45 Ga. App. 831, 166 S.E. 260 (1932), rev'd on other grounds, Gormley v. Troup County, 178 Ga. 446, 173 S.E. 672 (1934).

Lien covers all assets of depository.

- Under former Code 1910, §§ 218, 1252 and 1256 (see O.C.G.A. §§ 50-5A-3,50-17-58, and50-17-59), the state acquires a lien on all the assets of a depository bank, both those at the time of the execution of the bond and those subsequently acquired. Lewis v. Fidelity & Deposit Co., 292 U.S. 559, 54 S. Ct. 848, 78 L. Ed. 1425 (1934).

Cited in Fidelity & Deposit Co. v. Howard, 67 F.2d 961 (5th Cir. 1933); Gormley v. Board of Comm'rs of Rds. & Revenues, 178 Ga. 439, 173 S.E. 667 (1934).

RESEARCH REFERENCES

C.J.S.

- 67 C.J.S., Officers and Public Employees, §§ 290, 291, 476, 488. 73 C.J.S., Public Administrative Law and Procedure, §§ 24, 25, 121 et seq. 81A C.J.S., States, §§ 235, 236.

50-5A-4. Bond to be recorded and filed.

The bond of the state treasurer, when duly executed and approved, shall be recorded in the Secretary of State's office and filed in the office of the Governor.

(Ga. L. 1876, p. 126, § 5; Code 1882, § 91c; Civil Code 1895, § 191; Civil Code 1910, § 220; Code 1933, § 40-1003; Ga. L. 1972, p. 1015, §§ 408, 408B, 2102, 2104; Code 1981, §50-5-5; Ga. L. 1982, p. 3, § 50; Code 1981, §50-5A-4, as redesignated by Ga. L. 1993, p. 1402, § 2; Ga. L. 2010, p. 863, § 1/SB 296; Ga. L. 2011, p. 99, § 94/HB 24.)

The 2011 amendment, effective January 1, 2013, deleted the former second sentence of this Code section, which read: "A copy of the bond, when certified by one of the Governor's secretaries under the seal of the office of the Governor, or a certified copy taken from the records of the Secretary of State's office shall be received in evidence in any court in lieu of the original." See editor's note for applicability.

Editor's notes.

- Ga. L. 2011, p. 99, § 101/HB 24, not codified by the General Assembly, provides that the amendment of this Code section by that Act shall apply to any motion made or hearing or trial commenced on or after January 1, 2013.

Law reviews.

- For article, "Evidence," see 27 Ga. St. U.L. Rev. 1 (2011). For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 1 (2011).

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, § 134.

C.J.S.

- 67 C.J.S., Officers and Public Employees, § 141 et seq. 73 C.J.S., Public Administrative Law and Procedure, §§ 24, 25. 81A C.J.S., States, §§ 235, 236.

50-5A-5. Renewal of bond when insufficient; vacancy in office upon refusal to renew bond; appointment to fill vacancy.

The Governor, at all times when, in the Governor's opinion, the security or securities of the state treasurer have or are likely to become invalid or insufficient, shall demand and require the state treasurer forthwith to renew the bond to the state, in the amount and according to the form prescribed in Code Sections 50-5A-2 through 50-5A-4, and in case of neglect or refusal by any state treasurer to give bond, with security or securities, within ten days after the same is demanded and required by the Governor, such neglect or refusal shall be a disqualification under the law and shall create a vacancy in the office of the state treasurer. The State Depository Board shall forthwith appoint a fit and proper person to fill the vacancy occasioned thereby; and the appointee shall give bond and security in the same manner and upon the same terms as prescribed for the state treasurer.

(Ga. L. 1876, p. 126, § 6; Code 1882, § 91d; Civil Code 1895, § 192; Civil Code 1910, § 221; Code 1933, § 40-1004; Ga. L. 1972, p. 1015, §§ 408, 408B, 2102, 2104; Code 1981, §50-5-6; Ga. L. 1982, p. 3, § 50; Code 1981, §50-5A-5, as redesignated by Ga. L. 1993, p. 1402, § 2; Ga. L. 2010, p. 863, § 1/SB 296.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, § 351 et seq.

C.J.S.

- 67 C.J.S., Officers and Public Employees, §§ 73, 74. 73 C.J.S., Public Administrative Law and Procedure, §§ 24, 25. 81A C.J.S., States, §§ 235, 236.

50-5A-6. Execution instanter against state treasurer when liable to state.

If the state treasurer fails to perform the duties of the office, misapplies or misuses the funds of the state, or fails to account for and pay over any moneys that he or she may have received by virtue of the office, whereby the state treasurer becomes liable to the state, it shall not be necessary to bring an action on the official bond; but the Governor may issue an execution instanter against the state treasurer and the securities for the amount due the state by the state treasurer, with penalties and costs. The execution shall be directed to all and singular sheriffs of this state and shall be executed by them. The state treasurer and securities shall have only those defenses allowed tax collectors against executions issued against them by the state revenue commissioner.

(Ga. L. 1876, p. 126, § 14; Code 1882, § 97b; Civil Code 1895, § 195; Civil Code 1910, § 224; Code 1933, § 40-1005; Ga. L. 1972, p. 1015, §§ 408, 408B, 2102, 2104; Code 1981, §50-5-7; Code 1981, §50-5A-6, as redesignated by Ga. L. 1993, p. 1402, § 2; Ga. L. 1994, p. 97, § 50; Ga. L. 2010, p. 863, § 1/SB 296.)

JUDICIAL DECISIONS

Words "those defenses" does not apply to an appeal to the Governor but to those allowed to tax collectors and taxpayers under the prohibition of judicial interference; for example: (1) an unconstitutional exaction; (2) where the law does not impose or authorize the tax; and (3) where the defendants do not occupy the official positions alleged. Mayo v. Renfroe, 66 Ga. 408 (1881).

Enforcement of bond.

- Bond of a state depository is enforced in the same manner as the treasurer's bond. Colquitt v. Simpson & Ledbetter, 72 Ga. 501 (1884).

Summary remedy not applicable to O.C.G.A. § 45-4-20. - Summary remedy of Ga. L. 1876, p. 126, § 14 (see O.C.G.A. § 50-5A-6) was not in the contemplation of the legislature when the General Assembly enacted former Code 1873, § 167 (see O.C.G.A. § 45-4-20) declaring what bonds valid though not in conformity with the law. Consequently, this remedy has no application to former Code 1873, § 167. Mayo v. Renfroe, 66 Ga. 408 (1881).

Resolution of General Assembly fixing director's (now treasurer's) amount of liability is unconstitutional. Mayo v. Renfroe, 66 Ga. 408 (1881).

Cited in Lewis v. Fidelity & Deposit Co., 292 U.S. 559, 54 S. Ct. 848, 78 L. Ed. 1425 (1934).

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, § 351 et seq. 72 Am. Jur. 2d, States, Territories, and Dependencies, § 66.

C.J.S.

- 67 C.J.S., Officers and Public Employees, § 473. 73 C.J.S., Public Administrative Law and Procedure, §§ 24, 25. 81A C.J.S., States, §§ 235, 236.

50-5A-7. (See Editor's notes.) Duties of Office of the State Treasurer generally; investments through treasurer.

  1. It shall be the power and duty of the Office of the State Treasurer:
    1. To receive and keep safely all moneys which shall from time to time be paid to the treasury of this state, and to pay all warrants legally drawn on the treasury by the Governor and countersigned by the comptroller general or, in the comptroller general's absence, by the deputy comptroller general, and to pay all drafts of the President of the Senate and the Speaker of the House of Representatives for sums lawfully due the members and officers of their respective bodies;
    2. To keep good and sufficient accounting records of every sum of money received into, or disbursed from, the state treasury, utilizing an accounting system in conformity with generally accepted accounting principles and approved by the state accounting officer;
    3. To keep a true and faithful record of all warrants drawn by the Governor on the treasury and all drafts drawn on the treasury by the President of the Senate and the Speaker of the House of Representatives;
    4. To keep a true and faithful record of the accounts with all designated state depositories in which the state's money is deposited, showing the principal amount and the interest earned in each depository;
    5. To keep safely certificates of stock, securities, state bonds, and other evidences of debt and to manage and control the same for the purposes to which they are pledged;
    6. To invest all state and custodial funds, subject to the limitations of subsection (b) of this Code section and Chapter 17 of this title;
    7. To invest all health insurance funds, subject to the limitations of subsection (b) of this Code section and Chapter 17 of this title;
    8. To invest all self-insurance, liability, indemnification, tort claims, workers' compensation, or related funds, subject to the limitations of subsection (b) of this Code section and Chapter 17 of this title;
    9. To invest all other funds in its possession, subject to the limitations of subsection (b) of this Code section and Chapter 17 of this title; and
    10. To lend securities in its possession, subject to the limitations of subsection (b) of this Code section and Chapter 17 of this title.
  2. Pursuant to an investment policy adopted by the State Depository Board, the Office of the State Treasurer shall invest funds through the state treasurer. The state treasurer shall invest all funds with the degree of judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering first the probable safety of their capital and then the probable income to be derived.

(Laws 1799, Cobb's 1851 Digest, p. 1022; Laws 1839, Cobb's 1851 Digest, p. 1031; Laws 1843, Cobb's 1851 Digest, p. 1033; Laws 1845, Cobb's 1851 Digest, p. 1035; Ga. L. 1853-54, p. 9, § 10; Ga. L. 1859, p. 67, §§ 2, 3; Code 1863, §§ 89, 105; Code 1868, §§ 86, 103; Ga. L. 1869, p. 12, § 1; Code 1873, §§ 92, 111; Ga. L. 1876, p. 126, §§ 12, 13; Ga. L. 1878-79, p. 88, §§ 2, 4, 5; Code 1882, §§ 97, 111; Civil Code 1895, §§ 199, 218; Civil Code 1910, §§ 228, 252; Code 1933, § 40-1101; Ga. L. 1956, p. 802, § 1; Ga. L. 1972, p. 1015, §§ 408B, 2104; Code 1981, §50-5-8; Ga. L. 1982, p. 843, § 2; Ga. L. 1992, p. 6, § 50; Code 1981, §50-5A-7, as redesignated by Ga. L. 1993, p. 1402, § 2; Ga. L. 2000, p. 1474, § 1; Ga. L. 2004, p. 319, § 1; Ga. L. 2005, p. 694, § 3/HB 293; Ga. L. 2010, p. 863, § 1/SB 296; Ga. L. 2013, p. 141, § 50/HB 79.)

The 2013 amendment, effective April 24, 2013, part of an Act to revise, modernize, and correct the Code, revised capitalization in paragraph (a)(1).

Cross references.

- Powers and duties of Office of State Treasurer regarding local government investment pool, T. 36, C. 83.

Payment to Office of State Treasurer of taxes, penalties, interest, and other moneys collected pursuant to revenue and licensing laws, § 48-2-17.

For application of this statute in 2020, see Executive Order 03.31.20.02.

A listing of Executive Orders issued in 2020 can be found at https://gov.georgia.gov/executive-action/executive-orders/2020-executive-orders.

JUDICIAL DECISIONS

Use of interest on state funds.

- So much of the opinion in Renfroe v. Colquitt, 74 Ga. 618 (1885), which states that the treasurer's earning of interest on state money was not receiving money by virtue of treasurer's office was obiter as being entirely unnecessary to the opinion in that case. Puckett v. Chambers, 66 Ga. App. 513, 18 S.E.2d 20 (1941), aff'd sub nom. Puckett v. Walker, 194 Ga. 401, 21 S.E.2d 713 (1942).

O.C.G.A.

§ 50-5A-7 as exclusive remedy. - This section provided an exclusive remedy when enacted, and when a statute creates a new offense and announces the penalty, or gives a new right and declares the remedy, the punishment or the remedy can be only that which the statute prescribes. Puckett v. Chambers, 66 Ga. App. 513, 18 S.E.2d 20 (1941), aff'd sub nom; Puckett v. Walker, 194 Ga. 401, 21 S.E.2d 713 (1942).

Warrants properly executed and presented paid.

- State treasurer is authorized to pay out funds of the state in the treasurer's hands only upon warrants signed by the Governor and countersigned by the Comptroller General, or upon drafts signed by the President of the Senate, and the Speaker of the House of Representatives for sums due to the members and officers of their respective bodies; and a petition seeking a writ of mandamus directing the state treasurer to honor and pay, when and if presented, a warrant which the petition failed to show had been executed as required by law, so that there was no failure of the treasurer to perform the treasurer's official duty in paying a warrant properly executed and presented to the treasurer, alleged no cause of action, and was properly dismissed. Barwick v. Roberts, 188 Ga. 655, 4 S.E.2d 664 (1939) (decided prior to Executive Reorganization Act of 1972).

Cited in Gregory v. Hamilton, 215 Ga. 735, 113 S.E.2d 395 (1960).

OPINIONS OF THE ATTORNEY GENERAL

Treasurer authorized but not required to make advance payments.

- State treasurer is not required to make payment under this section but is "authorized" to make payment under the statute; further, if payments are made semi-monthly, the mid-month payment should not exceed the 75 percent limitation. 1971 Op. Att'y Gen. No. 71-59.

Repurchase agreements.

- Office of the State Treasurer is empowered to enter into repurchase agreements and reverse repurchase agreements in connection with fulfilling its role related to managing the investment and liquidity needs of the state. 2012 Op. Att'y Gen. No. 12-1.

RESEARCH REFERENCES

Am. Jur. 2d.

- 12 Am. Jur. 2d, Bonds, §§ 6, 7. 63C Am. Jur. 2d, Public Officers and Employees, §§ 230 et seq., 241, 346, 363, 492. 72 Am. Jur. 2d, States, Territories, and Dependencies, § 66.

C.J.S.

- 67 C.J.S., Officers and Public Employees, §§ 66, 67, 68, 73, 74, 149, 411 et seq. 73 C.J.S., Public Administrative Law and Procedure, §§ 24, 25. 81A C.J.S., States, §§ 235 et seq., 252, 373 et seq., 393.

ALR.

- Particularity of specification of purpose required in appropriation bill, 20 A.L.R. 981.

50-5A-8. State government expenses to be paid by Governor's warrant drawn on appropriations.

The costs and expenses of the maintenance and support of every department, commission, bureau, and other branch or agency of the state government shall be paid out of funds in the state treasury by warrant of the Governor drawn on appropriations duly made by the General Assembly.

(Ga. L. 1927, p. 311, § 2; Code 1933, § 40-1102; Code 1981, §50-5-9; Code 1981, §50-5A-8, as redesignated by Ga. L. 1993, p. 1402, § 2; Ga. L. 2010, p. 863, § 1/SB 296.)

Editor's notes.

- Ga. L. 2010, p. 863, § 1, effective July 1, 2010, reenacted this Code section without change.

JUDICIAL DECISIONS

Comptroller General is not authorized to draw warrant upon director. Irons v. Harrison, 185 Ga. 244, 194 S.E. 749 (1937).

Cited in Talmadge v. Cordell, 170 Ga. 13, 152 S.E. 91 (1930).

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, §§ 252 et seq., 346. 72 Am. Jur. 2d, States, Territories, and Dependencies, § 66.

C.J.S.

- 81A C.J.S., States, §§ 374 et seq., 393.

50-5A-9. Assignment to Department of Administrative Services for administrative purposes.

The Office of the State Treasurer shall be assigned for administrative purposes only to the Department of Administrative Services, as provided in Code Section 50-4-3.

(Code 1981, §50-5A-9, enacted by Ga. L. 1993, p. 1402, § 2; Ga. L. 2010, p. 863, § 1/SB 296.)

50-5A-10. Transfer of powers and duties from former Office of Treasury and Fiscal Services; Georgia State Financing and Investment Commission; state treasurer.

The Office of the State Treasurer and the state treasurer shall be in all respects the successor agency to, and shall assume all the powers and duties of, the former Office of Treasury and Fiscal Services and its director. Without limiting the generality of the foregoing, the state treasurer shall serve as a member of the Georgia State Financing and Investment Commission; and for that purpose the state treasurer shall also be designated as the director of the Fiscal Division of the Department of Administrative Services.

(Code 1981, §50-5A-10, enacted by Ga. L. 1993, p. 1402, § 2; Ga. L. 2010, p. 863, § 1/SB 296.)

50-5A-11. Records not constituting public records.

  1. The following records, or portions thereof, shall not constitute public records and shall not be open to inspection by the general public:
    1. Participant account balances in the local government investment pool;
    2. All wiring or Automated Clearing House transfer of funds instructions;
    3. Account analysis statements received or prepared by the staff of the Office of the State Treasurer;
    4. All bank account numbers in the possession of the Office of the State Treasurer and any record or document containing such numbers;
    5. All proprietary computer software in the possession or under the control of the Office of the State Treasurer; and
    6. All security codes and procedures related to physical, electronic, or other access to the Office of the State Treasurer, its systems, and its software.
  2. For a period from the opening of bank accounts until such time as those bank accounts are closed, the local government investment pool resolutions which pertain to the opening and maintenance of bank accounts shall not constitute public records and shall not be open to inspection by the general public.
  3. For a period from the date of creation of the record until the end of the calendar quarter in which the record is created, the following records, or portions thereof, shall not constitute public records and shall not be open to inspection by the general public:
    1. Investment trade tickets; and
    2. Bank statements of the Office of the State Treasurer.
  4. For a period from the date of creation of the record until 30 days after adoption, bank fee payment schedules shall not constitute public records and shall not be open to inspection by the general public.
  5. The restrictions of subsections (a), (b), (c), and (d) of this Code section shall not apply to access:
    1. Required by law, including disclosures required by subpoena or other legal process of a court or administrative agency having competent jurisdiction in legal proceedings where the State of Georgia or the Office of the State Treasurer is a party;
    2. In prosecutions or other court actions to which the State of Georgia or the Office of the State Treasurer is a party;
    3. Given to federal or state regulatory or law enforcement agencies;
    4. Given to any person or entity in connection with its account in the local government investment pool managed by the Office of the State Treasurer pursuant to Chapter 83 of Title 36, the "Local Government Investment Pool Act"; or
    5. Given to the Governor, the Attorney General and the Department of Law, the Office of Planning and Budget, officers of the General Assembly, the legislative budget offices, the state accounting officer and the State Accounting Office, the state auditor and the Department of Audits and Accounts, or the State Depository Board for use and public disclosure in the ordinary performance of those officers' and offices' duties.

(Code 1981, §50-5A-11, enacted by Ga. L. 1997, p. 569, § 1; Ga. L. 2005, p. 694, § 4/HB 293; Ga. L. 2010, p. 863, § 1/SB 296.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2002, "Department of Audits and Accounts" was substituted for "Department of Audits" in paragraph (e)(5).

Law reviews.

- For article commenting on the 1997 enactment of this Code section, see 14 Ga. St. U.L. Rev. 306 (1997).

CHAPTER 5B STATE ACCOUNTING OFFICE

Article 1 General Provisions.
Article 2 Office of Comptroller General.

ARTICLE 1 GENERAL PROVISIONS

Editor's notes.

- The existing provisions of Chapter 5B were designated as Article 1 by Ga. L. 2012, p. 1089, § 1/SB 343, effective July 1, 2012.

50-5B-1. Office created; state accounting officer.

  1. The State Accounting Office is created and shall be administered by the state accounting officer.
  2. The state accounting officer shall be appointed by the Governor and shall serve at the pleasure of the Governor.
  3. Beginning July 1, 2005, the state accounting officer shall receive an annual salary to be set by the Governor. The state accounting officer shall also be reimbursed for all actual and necessary expenses incurred by him or her in carrying out his or her official duties.
  4. The state accounting officer shall be required to take and subscribe before the Governor an oath to discharge faithfully and impartially the duties of such office, which oath shall be in addition to the oath required of all civil officers.

(Code 1981, §50-5B-1, enacted by Ga. L. 2005, p. 694, § 1/HB 293.)

50-5B-2. Administrative units; directors; employees.

  1. The state accounting officer shall establish such units within the State Accounting Office as he or she deems proper for its administration, including The Council of Superior Court Judges of Georgia and the Prosecuting Attorneys' Council of the State of Georgia as separate units with distinct accounting functions, and shall designate persons to be directors and assistant directors of such units to exercise such authority as he or she may delegate to them in writing.
  2. The state accounting officer shall have the authority, within budgetary limitations, to employ as many persons as he or she deems necessary for the administration of the office and for the discharge of the duties of the office. The state accounting officer shall issue all necessary directions, instructions, orders, and rules applicable to such persons. He or she shall have authority, as he or she deems proper, to employ, assign, compensate, and discharge employees of the office within the limitations of the office's appropriation, the requirements of the state system of personnel administration provided for in Chapter 20 of Title 45, and restrictions set forth by law.

(Code 1981, §50-5B-2, enacted by Ga. L. 2005, p. 694, § 1/HB 293; Ga. L. 2008, p. 577, § 21/SB 396; Ga. L. 2009, p. 745, § 1/SB 97; Ga. L. 2012, p. 446, § 2-100/HB 642; Ga. L. 2014, p. 136, § 1-3/HB 291; Ga. L. 2015, p. 325, § 18/HB 246.)

The 2012 amendment, effective July 1, 2012, substituted "state system of personnel administration provided for in Chapter 20 of Title 45" for "State Personnel Administration" in the last sentence of subsection (b).

The 2014 amendment, effective July 1, 2014, added present subsection (b) and redesignated former subsection (b) as present subsection (c).

The 2015 amendment, effective July 1, 2015, deleted former subsection (b), which read: "The Georgia State Board of Accountancy shall be a division within the State Accounting Office. The state accounting officer shall appoint an executive director of the Georgia State Board of Accountancy. Such executive director shall have such powers and duties as provided under Chapter 3 of Title 43." and redesignated former subsection (c) as present subsection (b).

Editor's notes.

- Ga. L. 2012, p. 446, § 3-1/HB 642, not codified by the General Assembly, provides that: "Personnel, equipment, and facilities that were assigned to the State Personnel Administration as of June 30, 2012, shall be transferred to the Department of Administrative Services on the effective date of this Act." This Act became effective July 1, 2012.

Ga. L. 2012, p. 446, § 3-2/HB 642, not codified by the General Assembly, provides that: "Appropriations for functions which are transferred by this Act may be transferred as provided in Code Section 45-12-90."

Law reviews.

- For annual survey on administrative law, see 66 Mercer L. Rev. 1 (2014).

50-5B-3. Duties of the state accounting officer; recommendations for improving cash management practices; implementing policies.

  1. The state accounting officer shall:
    1. Prescribe state-wide accounting policies, procedures, and practices;
    2. Prescribe, develop, operate, and maintain uniform state accounting systems for all state government organizations which facilitate financial accounting and reporting in accordance with generally accepted accounting principles and also meet state and federal accounting and financial reporting requirements;
    3. Prescribe the manner in which disbursements shall be made by state government organizations;
    4. Prescribe and supervise the installation of any changes in the state accounting information systems necessary to secure and maintain internal control and facilitate the recording of accounting data for the purpose of preparing reliable, timely, and meaningful statements and reports;
    5. Manage the state's accounting, payroll, and human capital systems;
    6. Using generally accepted accounting principles, prepare the state's financial statements and other reports in accordance with legal requirements;
    7. Provide annual financial statements and other reports to the state auditor and other auditors, as appropriate, for review and certification when required by statute or federal regulation;
    8. Develop interim reports on the financial condition and budgetary compliance of the state and various state organizations;
    9. Determine the proper classification for accounting and reporting purposes of all assets, liabilities, revenues, expenditures, fund balances, funds, and accounts in compliance with legal requirements and generally accepted accounting principles and prescribe a uniform classification of accounts and other accounting identifiers which shall be used by all state organizations;
    10. Develop processes and systems to improve accountability and enhanced collection of accounts receivable due to the state. In developing these processes, the state accounting officer may prescribe procedures to allow for the recognition of uncollectible accounts for financial reporting purposes. He or she may also develop guidelines to allow uncollectible debts to be removed from active collection processes. This recognition shall not remove or diminish the state's claim on accounts or debt owed to the state; and
    11. Develop processes and systems to improve accountability and enhance efficiency for disbursement of funds and management of accounts payable.
  2. The state accounting officer may recommend processes and systems to improve the cash management practices of the state to the State Depository Board. The state accounting officer in cooperation with the Office of the State Treasurer may prescribe policies and procedures to implement the policies of the board.

(Code 1981, §50-5B-3, enacted by Ga. L. 2005, p. 694, § 1/HB 293; Ga. L. 2006, p. 72, § 50/SB 465; Ga. L. 2010, p. 863, § 2/SB 296.)

50-5B-4. Obligations of state government organizations with respect to the state accounting officer.

  1. As used in this chapter, the term "organization of state government" shall mean, without limitation, any agency, authority, department, institution, board, bureau, commission, committee, office, or instrumentality of the State of Georgia. Such term shall not include any entity of local government, including, but not limited to, a county, municipality, consolidated government, board of education, or local authority, or an instrumentality of any such entity.
  2. All organizations of state government and all officers, agents, and employees thereof shall conform to and comply with the rules, regulations, policies, procedures, and forms devised, promulgated, and installed by the state accounting officer.
  3. All organizations of state government shall submit statements, reports, information, and data necessary to enable the state accounting officer to complete the reports required under this Code section and Code Section 50-5B-3.
  4. All organizations of state government may only create and maintain accounting systems or subsidiary accounting systems that have been approved by the state accounting officer.
  5. All organizations of state government shall provide lease information to the state accounting officer to permit the state accounting officer to properly account for and report all capital and operating leases.
  6. All organizations of state government shall provide information to the state accounting officer necessary to properly account for and report real property and personal property.
  7. All information and reports required in this Code section shall be provided in the form and within the time frame prescribed by the state accounting officer.

(Code 1981, §50-5B-4, enacted by Ga. L. 2005, p. 694, § 1/HB 293.)

50-5B-5. Rules and regulations governing travel.

The state accounting officer in cooperation with the Office of Planning and Budget is authorized to and shall adopt rules and regulations governing in-state and out-of-state travel and travel reimbursement that promote economy and efficiency in state government and which treat employees fairly and equitably.

(Code 1981, §50-5B-5, enacted by Ga. L. 2005, p. 694, § 1/HB 293.)

ARTICLE 2 OFFICE OF COMPTROLLER GENERAL

Effective date.

- This article became effective July 1, 2012.

Administrative Rules and Regulations.

- Comptroller General, Official Compilation of the Rules and Regulations of the State of Georgia, Title 120.

50-5B-20. Office of the comptroller general; duties.

  1. There shall be in the office of the State Accounting Office the office of the comptroller general of the State of Georgia. The state accounting officer shall be the comptroller general.
  2. It shall be the duty of the comptroller general:
    1. To keep an account showing the several appropriations authorized by law, the time when the same are drawn from the treasury, in whose favor they are drawn, and to what fund they are charged;
    2. To examine, check, and countersign all warrants upon the treasury drawn by the Governor, the President of the Senate, and the Speaker of the House of Representatives and to charge the amount thereof to the funds on which they may be respectively drawn prior to their being presented to the Office of the State Treasurer for payment;
    3. To audit all accounts against the state and to allow or reject the same before they are submitted to the Governor;
    4. To see that no draft or warrant shall be countersigned by him or her to be paid out of any appropriated fund after the fund has been exhausted; and, in such case, or in any case of illegal payments from the treasury upon warrants countersigned by the comptroller general, the comptroller general and the state treasurer with all their securities shall be jointly and severally liable upon their several bonds for the repayment of such amounts with all expenses of prosecution to the state;
    5. To receive and keep safely and collect all evidences of debt due to the state from any source other than taxes and to pay over the same to the state treasurer as soon as collected;
    6. To keep a book in which to enter all bonds taken and to file the originals in his or her office;
    7. To have made suitable indexes to the record books in his or her office; and
    8. To certify under his or her official seal at all times when necessary for public use and, on application and payment of his or her legal fees therefor, for private use, copies of any papers kept in his or her office.

(Code 1981, §50-5B-20, enacted by Ga. L. 2012, p. 1089, § 1/SB 343; Ga. L. 2013, p. 141, § 50/HB 79.)

The 2013 amendment, effective April 24, 2013, part of an Act to revise, modernize, and correct the Code, revised capitalization in this Code section.

50-5B-21. Deputy comptroller general.

The comptroller general is authorized and directed to designate one of his or her employees as deputy comptroller general. In the event the comptroller general is sick or for any other reason is absent from his or her office for three or more days, the deputy comptroller general shall examine, check, and countersign any warrants during the absence of the comptroller general.

(Code 1981, §50-5B-21, enacted by Ga. L. 2012, p. 1089, § 1/SB 343; Ga. L. 2013, p. 141, § 50/HB 79.)

The 2013 amendment, effective April 24, 2013, part of an Act to revise, modernize, and correct the Code, revised capitalization in this Code section.

50-5B-22. Bound book detailing appropriations.

The comptroller general shall keep in his or her office a bound book in which shall be entered in alphabetical order the full amount of all annual appropriations, setting forth the amounts under their several heads; all warrants that he or she may check and pass, together with the fund on which they are drawn and the time, amount, and in whose favor drawn; and all entries necessary for a true exhibit of the finances of the state.

(Code 1981, §50-5B-22, enacted by Ga. L. 2012, p. 1089, § 1/SB 343; Ga. L. 2013, p. 141, § 50/HB 79.)

The 2013 amendment, effective April 24, 2013, part of an Act to revise, modernize, and correct the Code, revised capitalization in this Code section.

50-5B-23. Annual reporting.

The comptroller general shall make an annual report to the Governor, which report shall show, from his or her books, a current account of all receipts and payments between the Office of the State Treasurer and the state, including the amount paid on the drafts of the President of the Senate and the Speaker of the House of Representatives as reported to him or her by the Office of the State Treasurer.

(Code 1981, §50-5B-23, enacted by Ga. L. 2012, p. 1089, § 1/SB 343; Ga. L. 2013, p. 141, § 50/HB 79.)

The 2013 amendment, effective April 24, 2013, part of an Act to revise, modernize, and correct the Code, revised capitalization in this Code section.

50-5B-24. Seal.

The comptroller general shall have an official seal of such design as he or she shall select with the approval of the Governor.

(Code 1981, §50-5B-24, enacted by Ga. L. 2012, p. 1089, § 1/SB 343; Ga. L. 2013, p. 141, § 50/HB 79.)

The 2013 amendment, effective April 24, 2013, part of an Act to revise, modernize, and correct the Code, revised capitalization in this Code section.

CHAPTER 5C PARTNERSHIP FOR PUBLIC FACILITIES AND INFRASTRUCTURE

Effective date.

- This chapter became effective May 5, 2015.

Editor's notes.

- Ga. L. 2015, p. 406, § 1/SB 59, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Partnership for Public Facilities and Infrastructure Act.' "

50-5C-1. Definitions.

As used in this chapter, the term:

  1. "Affected local jurisdiction" means any county, municipality, or school district in which all or a portion of a qualifying project is located.
  2. "Comprehensive agreement" means the written agreement between the private entity and the responsible public entity required by Code Section 50-5C-5.
  3. "Develop" or "development" means to plan, design, develop, finance, lease, acquire, install, construct, operate, maintain, or expand.
  4. "Person" means an individual, corporation, partnership, trust, association, or other legal entity.
  5. "Private entity" means any natural person, corporation, general partnership, limited liability company, limited partnership, joint venture, business trust, public benefit corporation, nonprofit entity, or other business entity.
  6. "Public entity" means a department, agency, board, bureau, commission, authority, or instrumentality of the State of Georgia, including the Board of Regents of the University System of Georgia as well as a local government or local authority.
  7. "Qualifying project" means any project submitted by a private entity as an unsolicited proposal in accordance with this chapter and subsequently reviewed and approved by a responsible public entity, within its sole discretion, as meeting a public purpose or public need. This term shall not include and shall have no application to any project involving:
    1. The generation of electric energy for sale pursuant to Chapter 3 of Title 46;
    2. Communications services pursuant to Articles 4 and 7 of Chapter 5 of Title 46;
    3. Cable and video services pursuant to Chapter 76 of Title 36; or
    4. Water reservoir projects as defined in paragraph (10) of Code Section 12-5-471, which shall be governed by Article 4 of Chapter 91 of Title 36.
  8. "Responsible public entity" means a public entity that has the power to contract with a private entity to develop an identified qualifying project. For any unsolicited proposal for a project at one or more institutions of the University System of Georgia, the responsible public entity shall be the Board of Regents of the University System of Georgia or its designees. For any unsolicited proposal for a project for one or more state government entities, other than an institution of the University System of Georgia, the responsible public entity shall be the State Properties Commission.
  9. "Revenue" means all revenues, income, earnings, user fees, lease payments, or other service payments arising out of or in connection with supporting the development or operation of a qualifying project.
  10. "Unsolicited proposal" means a written proposal for a qualifying project that is received by a responsible public entity and is not in response to any request for proposal issued by a responsible public entity.

(Code 1981, §50-5C-1, enacted by Ga. L. 2015, p. 406, § 3/SB 59.)

50-5C-2. Authority to develop guidelines.

For any qualifying project undertaken by the State Properties Commission, the Georgia State Financing and Investment Commission shall be solely authorized to develop guidelines for this process. For any qualifying project undertaken by the University System of Georgia, the Board of Regents of the University System of Georgia shall be solely authorized to develop guidelines for this process.

(Code 1981, §50-5C-2, enacted by Ga. L. 2015, p. 406, § 3/SB 59.)

50-5C-3. Unsolicited proposals by private entities; requirements.

  1. Between May 1 and June 30 of each year, a private entity may submit an unsolicited proposal for a project to the responsible public entity for review and determination as a qualifying project in accordance with the guidelines established by Code Section 50-5C-2. Any such unsolicited proposal shall be accompanied by the following material and information:
    1. A project description, including the location of the project, the conceptual design of such facility or facilities, and a conceptual plan for the provision of services or technology infrastructure;
    2. A feasibility statement that includes:
      1. The method by which the private entity proposes to secure any necessary property interests required for the project;
      2. A list of all permits and approvals required for the project from local, state, or federal agencies; and
      3. A list of public utility facilities, if any, that will be crossed by the project and a statement of the plans of the private entity to accommodate such crossings;
    3. A schedule for the initiation and completion of the project to include the proposed major responsibilities and timeline for activities to be performed by both the public and private entity as well as a proposed schedule for obtaining the permits and approvals required in subparagraph (B) of paragraph (2) of this subsection;
    4. A financial plan setting forth the private entity's general plans for financing the project, including the sources of the private entity's funds and identification of any dedicated revenue source or proposed debt or equity investment on behalf of the private entity; a description of user fees, lease payments, and other service payments over the term of the comprehensive agreement pursuant to Code Section 50-5C-5; and the methodology and circumstances for changes to such user fees, lease payments, and other service payments over time;
    5. A business case statement that shall include a basic description of any direct and indirect benefits that the private entity can provide in delivering the project, including relevant cost, quality, methodology, and process for identifying the project and time frame data;
    6. The names and addresses of the persons who may be contacted for further information concerning the unsolicited proposal; and
    7. Such additional material and information as the responsible public entity may reasonably request.
  2. For any unsolicited proposal for the development of a project received by a responsible public entity, the private entity shall reimburse the responsible public entity for the actual costs incurred to process, review, and evaluate the unsolicited proposal, including, without limitation, reasonable attorney's fees and fees for financial, technical, and other necessary advisers or consultants.
  3. Any private entity submitting an unsolicited proposal under subsection (a) of this Code section to a responsible public entity shall also notify each affected local jurisdiction by furnishing a copy of its unsolicited proposal to each affected local jurisdiction.
  4. Each affected local jurisdiction that is not a responsible public entity for the respective project may, within 45 days after receiving such notice, submit any comments regarding the unsolicited proposal it may have in writing to the responsible public entity and indicate whether the project is compatible with local plans and budgets. A project shall be consistent with zoning and land use regulations of the responsible public entity and each affected local jurisdiction.
  5. The responsible public entity may reject any proposal or unsolicited proposal at any time and shall not be required to provide a reason for its denial. If the responsible public entity rejects a proposal or unsolicited proposal submitted by a private entity, it shall have no obligation to return the proposal, unsolicited proposal, or any related materials following such rejection.
  6. A private entity assumes all risks in submission of a proposal or unsolicited proposal in accordance with subsections (a) and (b) of this Code section, and a responsible public entity shall not incur any obligation to reimburse a private entity for any costs, damages, or loss of intellectual property incurred by a private entity in the creation, development, or submission of a proposal or unsolicited proposal for a qualifying project.

(Code 1981, §50-5C-3, enacted by Ga. L. 2015, p. 406, § 3/SB 59.)

50-5C-4. Approval of unsolicited proposals; responsibilities of approving public entity; factors for consideration; cancelation of proposal request; loans.

  1. The responsible public entity may approve the project in an unsolicited proposal submitted by a private entity pursuant to Code Section 50-5C-3 as a qualifying project. Determination by the responsible public entity of a qualifying project shall not bind the responsible public entity or the private entity to proceed with the qualifying project.
  2. Upon the responsible public entity's determination of a qualifying project as provided in subsection (a) of this Code section, the responsible public entity shall:
    1. Seek competing proposals for the qualifying project by issuing a request for proposals for not less than 90 days; and
    2. Review all proposals submitted in response to the request for proposals based on the criteria established in the request for proposals.
  3. When the time for receiving proposals expires, the responsible public entity shall first rank the proposals in accordance with the factors set forth in the request for proposal or invitation for bids. The responsible public entity shall not be required to select the proposal with the lowest price offer, but it may consider price as one of various factors in evaluating the proposals received in response to the request for proposals for a qualifying project. Factors that may be considered include:
    1. The proposed cost of the qualifying project;
    2. The general reputation, industry experience, and financial capacity of the private entity;
    3. The proposed design of the qualifying project;
    4. The eligibility of the facility for accelerated selection, review, and documentation timelines under the responsible public entity's guidelines;
    5. Benefits to the public;
    6. The private entity's compliance with a minority business enterprise participation plan;
    7. The private entity's plans to employ local contractors and residents; and
    8. Other criteria that the responsible public entity deems appropriate.
  4. After ranking the proposals, the responsible public entity shall begin negotiations with the first ranked private entity. If the responsible public entity and the first ranked private entity do not reach a comprehensive agreement or interim agreement, then the responsible public entity may conduct negotiations with the next ranked private entity. This process shall continue until the responsible public entity either voluntarily abandons the process or executes a comprehensive agreement or interim agreement with a private entity.
  5. At any time during the process outlined in this Code section but before full execution of a comprehensive agreement, the responsible public entity may, without liability to any private entity or third party, cancel its request for proposals or reject all proposals received in response to its request for proposals, including the unsolicited proposal, for any reason whatsoever.
  6. Nothing in this chapter shall enlarge, diminish, or affect the authority, if any, otherwise possessed by the responsible public entity to take action that would impact the debt capacity of the State of Georgia. The credit of this state shall not be pledged or loaned to any private entity. The responsible public entity shall not loan money to the private entity in order to finance all or a portion of the qualifying project. All power or authority granted by this chapter to public entities shall be in addition to and supplemental to, and not in substitution for, the powers conferred by any other general, special, or local law. The limitations imposed by this chapter shall not affect the powers conferred by any other general, special, or local law and shall apply only to the extent that a public entity elects to proceed under this chapter. A multiyear lease entered into by the state as lessee under this Code section which is not terminable at the end of each fiscal year during the term of the lease shall be subject to and comply with the provisions of Code Section 50-16-41, specifically including compliance with any multiyear contract value authority adopted by the Georgia State Financing and Investment Commission for each fiscal year.

(Code 1981, §50-5C-4, enacted by Ga. L. 2015, p. 406, § 3/SB 59.)

50-5C-5. Requirements of comprehensive agreement.

  1. The comprehensive agreement entered into between the responsible public entity and the private entity selected in accordance with this chapter shall include:
    1. A thorough description of the duties of each party in the completion and operation of the qualifying project;
    2. Dates and schedules for the completion of the qualifying project;
    3. Any user fees, lease payments, or service payments as may be established by agreement of the parties, as well as any process for changing such fees or payments throughout the term of the agreement, and a copy of any service contract;
    4. Any reimbursements to be paid to the responsible public entity for services provided by the responsible public entity;
    5. A process for the review of plans and specifications for the qualifying project by the responsible public entity and approval by the responsible public entity if the plans and specifications conform to reasonable standards acceptable to the responsible public entity;
    6. A process for the periodic and final inspection of the qualifying project by the responsible public entity to ensure that the private entity's activities are in accordance with the provisions of the comprehensive agreement;
    7. Delivery of performance and payment bonds in the amounts required in Code Sections 13-10-40, 13-10-41, and 13-10-60 and in a form acceptable to the responsible public entity for those components of the qualifying project that involve construction, and bonds, letters of credit, or other forms of security acceptable to the responsible public entity for other phases and components of the development of the qualifying project;
    8. Submission of a policy or policies of public liability insurance, copies of which shall be filed with the responsible public entity accompanied by proofs of coverage, or self-insurance, each in form and amount satisfactory to the responsible public entity and reasonably sufficient to ensure coverage of tort liability to the public and employees and to enable the continued operation of the qualifying project;
    9. A process for monitoring the practices of the private entity by the responsible public entity to ensure that the qualifying project is properly maintained;
    10. The filing of appropriate financial statements to the responsible public entity on a periodic basis; and
    11. Provisions governing the rights and responsibilities of the responsible public entity and the private entity in the event the comprehensive agreement is terminated or there is a material default by the private entity, including conditions governing assumption of the duties and responsibilities of the private entity by the responsible public entity and the transfer or purchase of property or other interests of the private entity by the responsible public entity, including provisions compliant with state constitutional limitations on public debt.
  2. The comprehensive agreement may include such other terms and conditions that the responsible public entity determines will serve the public purpose of this chapter and to which the private entity and the responsible public entity mutually agree, including, without limitation, provisions regarding unavoidable delays and provisions where the authority and duties of the private entity under this chapter shall cease, and the qualifying project is dedicated to the responsible public entity.
  3. Any changes in the terms of the comprehensive agreement, as may be agreed upon by the parties from time to time, shall be added to the comprehensive agreement by written amendment.
  4. The comprehensive agreement may provide for the development of phases or segments of the qualifying project.

(Code 1981, §50-5C-5, enacted by Ga. L. 2015, p. 406, § 3/SB 59.)

50-5C-6. Termination for default; assumption of responsibilities and duties; eminent domain power not delegated; other powers.

  1. In the event of a material default by the private entity, the responsible public entity may terminate, with cause, the comprehensive agreement and exercise any other rights and remedies that may be available to it at law or in equity, including, but not limited to, claims under the maintenance, performance, or payment bonds; other forms of security; or letters of credit required by Code Section 50-5C-5 in accordance with Code Sections 13-10-40 through 13-10-65.
  2. The responsible public entity may elect to assume the responsibilities and duties of the private entity of the qualifying project, and in such case, it shall succeed to all of the rights, title, and interest in such qualifying project.
  3. The power of eminent domain shall not be delegated to any private entity with respect to any project commenced or proposed pursuant to this chapter. Any responsible public entity having the power of condemnation under state law may exercise such power of condemnation to acquire the qualifying project in the event of a material default by the private entity. Any person who has perfected a security interest in the qualifying project may participate in the condemnation proceedings with the standing of a property owner.
  4. In the event the responsible public entity elects to take over a qualifying project pursuant to subsection (b) of this Code section, the responsible public entity may develop the qualifying project, impose user fees, and impose and collect lease payments for the use thereof.

(Code 1981, §50-5C-6, enacted by Ga. L. 2015, p. 406, § 3/SB 59; Ga. L. 2017, p. 774, § 50/HB 323.)

The 2017 amendment, effective May 9, 2017, part of an Act to revise, modernize, and correct the Code, revised language in subsection (b).

50-5C-7. Supplemental authority.

All power or authority granted by this chapter to public entities shall be in addition and supplemental to, and not in substitution for, the powers conferred by any other general or special law. The limitations imposed by this chapter shall not affect the powers conferred by any other general, special, or local law and shall apply only to the extent that a public entity elects to proceed under this chapter.

(Code 1981, §50-5C-7, enacted by Ga. L. 2015, p. 406, § 3/SB 59.)

50-5C-8. No waiver of sovereign immunity.

Nothing in this chapter shall be construed as or deemed a waiver of the sovereign or official immunity of any responsible public entity or any officer or employee thereof with respect to the participation in, or approval of, all or any part of the qualifying project or its operation, including, but not limited to, interconnection of the qualifying project with any other infrastructure or project.

(Code 1981, §50-5C-8, enacted by Ga. L. 2015, p. 406, § 3/SB 59.)

50-5C-9. Authority of law enforcement officers.

Any law enforcement officers of the public entity shall have the same powers and jurisdiction within the portion of such qualifying project as they have in their respective areas of jurisdiction, and such law enforcement officers shall have access to the qualifying project at any time for the purpose of exercising such powers and jurisdiction.

(Code 1981, §50-5C-9, enacted by Ga. L. 2015, p. 406, § 3/SB 59.)

50-5C-10. Exception for compliance with chapter.

  1. Responsible public entities that proceed with procurement pursuant to competitive sealed bidding pursuant to Code Section 50-5-67, or any other purchasing options available to them under current law, shall not be required to comply with this chapter.
  2. Nothing in this chapter shall apply to or affect the State Transportation Board, the Department of Transportation, or the State Road and Tollway Authority, or any project thereof.
  3. Nothing in this chapter shall abrogate the obligations of a responsible public entity or private entity to comply with the public meetings requirement in accordance with Chapter 14 of this title or to disclose public information in accordance with Article 4 of Chapter 18 of this title.

(Code 1981, §50-5C-10, enacted by Ga. L. 2015, p. 406, § 3/SB 59.)

CHAPTER 6 DEPARTMENT OF AUDITS AND ACCOUNTS

Article 1 General Provisions.
Article 2 State Auditor.

ARTICLE 1 GENERAL PROVISIONS

50-6-1. Creation of department; state auditor as head; qualifications; election procedure; term; vacancy.

  1. The Department of Audits and Accounts is created and established. The head of the department shall be an experienced auditor and accountant with not less than five years' experience as an accountant in the Department of Audits and Accounts or in a governmental agency of a similar nature or shall be a duly certified public accountant with at least five years' practical experience in the duties for which he is certified and who, when named or elected as prescribed in subsection (b) of this Code section and when qualified, shall be known and designated as state auditor.
  2. The state auditor shall be elected by the General Assembly in the following manner: A joint resolution which shall fix a definite time for the nomination and election of the state auditor may be introduced in either branch of the General Assembly. Upon passage of the resolution by a majority vote of the membership of the Senate and House of Representatives it shall be the duty of the Speaker of the House of Representatives to call for the nomination and election of the state auditor at the time specified in the resolution, at which time the name of the qualified person receiving a majority vote of the membership of the House of Representatives shall be transmitted to the Senate for confirmation. Upon the qualified person's receiving a majority vote of the membership of the Senate, he shall be declared the duly elected state auditor; and the Governor shall be notified of his election by the Secretary of the Senate. The Governor is directed to administer the oath of office to the state auditor and to furnish the state auditor with a properly executed commission of office certifying his election.
  3. The term of office of the state auditor shall continue until a successor is elected as provided in subsection (b) of this Code section. In the event of a vacancy in the position of state auditor at a time when the General Assembly is not in session it shall be the duty of the Governor and he is empowered and directed to appoint a state auditor possessing the qualifications as provided in subsection (a) of this Code section who shall serve as state auditor until the next regular session of the General Assembly, at which time the nomination and election of a state auditor shall be held by the General Assembly as provided in subsection (b) of this Code section.

(Ga. L. 1923, Ex. Sess., p. 7, § 1; Code 1933, § 40-1801; Ga. L. 1943, p. 361, § 1; Ga. L. 1945, p. 115, § 1.)

RESEARCH REFERENCES

C.J.S.

- 81A C.J.S., States, § 245 et seq.

50-6-2. Department to have suitable offices, equipment, and conveniences at state expense.

The Department of Audits and Accounts shall be provided with suitable offices at the state capital furnished at the state's expense, as may appear proper and necessary. The department shall be furnished, from time to time, with necessary equipment, furniture, fuel, light, and other proper conveniences for the transaction of the business of the department, the expense of which shall be paid by the state in the same manner as the expenses of other offices at the capital are paid.

(Ga. L. 1923, Ex. Sess., p. 7, § 10; Code 1933, § 40-1804.)

50-6-3. Department to audit all state institutions; other auditing agencies not authorized.

The Department of Audits and Accounts shall audit all state institutions. No official of the state shall have authority to employ or hire any other auditing agency.

(Ga. L. 1925, p. 256, § 3; Code 1933, § 40-1811.)

OPINIONS OF THE ATTORNEY GENERAL

Audit billeting funds or armory rentals of DOD.

- Funds collected by the Department of Defense (DOD) as billeting funds or armory rentals pursuant to regulations issued under O.C.G.A. § 38-2-195 are state funds which may be retained by DOD. The management of the funds is subject to requirements of the Office of Planning and Budget, the State Auditor, and the State Depository Board. 1993 Op. Att'y Gen. No. 93-4.

RESEARCH REFERENCES

C.J.S.

- 81A C.J.S., States, §§ 245 et seq., 388, 389.

50-6-4. Special examinations, audits, and vulnerability assessments.

The Governor, the Appropriations Committee of the House of Representatives, or the Appropriations Committee of the Senate shall have the right and authority to direct and require the state auditor to make a special examination into and audit of all the books, records, accounts, vouchers, warrants, bills, and other papers, records, financial transactions, and management of any department, institution, agency, commission, bureau, authority, or office of the state at any time. The state auditor may conduct special examinations and audits which are, without limitation, financial audits (including financial related audits and financial statement audits), compliance audits, performance audits, and vulnerability assessments or reviews. Without limitation, vulnerability assessments or reviews may be made with respect to any electronic financial information systems; other information, management, or operational systems; computers; computer operating and applications software; computing networks; Internet websites; and data processing centers. Tests conducted in connection with such reviews and assessments may include, but are not limited to, penetration testing and network, web, and data base scanning.

(Ga. L. 1923, Ex. Sess., p. 7, § 5; Code 1933, § 40-1806; Ga. L. 2002, p. 524, § 1; Ga. L. 2008, p. 522, § 1/SB 300.)

RESEARCH REFERENCES

C.J.S.

- 81A C.J.S., States, § 245 et seq.

50-6-5. Examination of motor fuel and tobacco products distributors.

The state auditor shall, upon the request of either the Governor or the state revenue commissioner, make an examination into and report upon the necessary books, records, and accounts of those persons, firms, and corporations required by law to pay an occupational tax as distributors of motor fuels and also, at the request of the state revenue commissioner, of those persons, firms, and corporations required by law to pay a tax upon the retail sales price of cigarettes, cigars, and loose or smokeless tobacco, as prescribed in Code Section 48-11-2. The examination is to be made at such time as shall be fixed by the state revenue commissioner and for the purpose and to the extent of ascertaining whether or not the tax has been paid and collected as provided by law.

(Ga. L. 1923, Ex. Sess., p. 7, § 6; Code 1933, § 40-1807; Ga. L. 2003, p. 665, § 44.)

Editor's notes.

- Ga. L. 2003, p. 665, § 1, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'State and Local Tax Revision Act of 2003.'"

Law reviews.

- For note on the 2003 amendment to this Code section, see 20 Ga. St. U.L. Rev. 233 (2003).

OPINIONS OF THE ATTORNEY GENERAL

Department of Audits and Accounts is part of executive branch of state government. 1970 Op. Att'y Gen. No. 70-37.

RESEARCH REFERENCES

C.J.S.

- 81A C.J.S., States, § 245 et seq.

50-6-6. Audit of school and university systems; local boards of education authorized to employ accountants; generally accepted accounting standards; audit report contents.

  1. It shall be the duty of the Department of Audits and Accounts thoroughly to audit and check the books and accounts of the county superintendents of schools and treasurers of local school systems, of municipal systems, of the several units of the University System of Georgia, and of all other schools receiving state aid and making regular and annual reports to the State School Superintendent, showing the amount received, for what purpose received, and for what purposes expended. All such funds held by officials must be kept in banks separate from their individual bank accounts.
  2. Notwithstanding any other provisions of this chapter, the local boards of education of the several county, independent, and area public school systems of this state shall be authorized to have an additional audit made of the books, records, and accounts of the public school system over which any such board has jurisdiction. The local boards of education shall be authorized to employ certified public accountants of this state to make the audits and to expend funds for the audits which are received by any such board for educational purposes.
  3. All audits of such public school systems shall be conducted in conformity with generally accepted standards and principles of governmental accounting and auditing and shall be subject to the standards, rules, and ethics promulgated by the Georgia Society of Certified Public Accountants and the American Institute of Certified Public Accountants. The audit report shall include the auditor's unqualified opinion upon the presentation of the financial position and the results of the operations of the public school system which is audited. If the auditor is unable to express an unqualified opinion, he shall so state and shall further detail the reasons for qualification or disclaimer of opinion including recommendations necessary to make possible future unqualified opinions.

(Ga. L. 1919, p. 288, § 65; Ga. L. 1931, p. 7, § 96; Code 1933, § 40-1812; Ga. L. 1965, p. 668, § 1; Ga. L. 1994, p. 97, § 50.)

JUDICIAL DECISIONS

Effect of local Act providing for independent audit.

- O.C.G.A. § 50-6-6(a) imposes a duty upon the Department of Audits and Accounts to conduct an audit of all schools receiving state aid. O.C.G.A. § 50-6-6(b) authorizes local boards of education to have an additional audit. Thus, a local Act which provides for an independent audit does not conflict with the general Act but simply requires the county board to do that which the general Act says it may do. Glynn County Bd. of Educ. v. Lane, 261 Ga. 544, 407 S.E.2d 754 (1991).

Separate bank accounts.

- Provision of this section that all public funds held by officials must be kept in banks separate from their individual accounts can be understood not as requiring officials to deposit public money in a bank, but as meaning that if the officials so deposit the account must be separate from their individual accounts. It is unlikely that the legislature by these brief words intended to make all banks public depositories and relieve the officials of responsibility, with no provision for selecting proper banks or taking security from them. Whipple v. American Sur. Co., 92 F.2d 673 (5th Cir. 1937).

Agenda of school board is discretionary.

- Citizen was not entitled to a writ of mandamus directing a school board to place the citizen on the board's agenda because setting the agenda was a discretionary act that was not subject to mandamus and none of the statutes cited by the citizen, O.C.G.A. §§ 20-2-1160(a),45-10-1, and50-6-6(b), imposed a duty on the board to place the citizen on the board's agenda. James v. Montgomery County Bd. of Educ., 283 Ga. 517, 661 S.E.2d 535 (2008).

Cited in Landrum v. Thomas, 52 Ga. App. 257, 183 S.E. 140 (1935); Mathew v. Ellis, 214 Ga. 665, 107 S.E.2d 181 (1959).

OPINIONS OF THE ATTORNEY GENERAL

This statute on the statute's face is constitutional. 1963-65 Op. Att'y Gen. p. 731.

Audit of noneducational funds.

- Language "books, records, and accounts of the public school system over which any such board has jurisdiction" is broad enough to lead a school board to conclude that the board could utilize public school funds to procure a private audit not only of educational funds, but also of all noneducational funds under the board's jurisdiction; however, such use would be unconstitutional by Ga. Const. 1976, Art. IX, Sec. V, Para. I (see Ga. Const. 1983, Art. IX, Sec. IV, Para. II). 1963-65 Op. Att'y Gen. p. 731.

Expenditure of common school funds by local school boards.

- Local school boards may expend common school funds to employ certified public accountants to audit the records and accounts of the school system the boards administer. 1976 Op. Att'y Gen. No. 76-72.

Department as part of executive branch.

- Department of Audits and Accounts is part of executive branch of state government because the duties of the department are similar to the traditional duties of a state department of audits and relate closely to the executive branch of the government. 1970 Op. Att'y Gen. No. 70-37.

RESEARCH REFERENCES

C.J.S.

- 81A C.J.S., States, § 245 et seq.

50-6-7. State officials to produce books, records, and other papers to the state auditor for examination.

All officers, agents, employees, departments, institutions, commissions, authorities, and bureaus of the state shall produce and turn over to the state auditor or his or her assistants for examination and audit, whenever demanded by the state auditor, all of their books, records, accounts, vouchers, warrants, bills, and other papers dealing with or reflecting upon the financial transactions and management of such department, institution, agency, commission, authority, bureau, or office, including any and all cash on hand, but not including cash in banks, the amount of cash in banks to be ascertained by certificate furnished to the state auditor by the bank.

(Ga. L. 1923, Ex. Sess., p. 7, § 7; Code 1933, § 40-1808; Ga. L. 2005, p. 694, § 5/HB 293; Ga. L. 2008, p. 522, § 2/SB 300.)

OPINIONS OF THE ATTORNEY GENERAL

Audit billeting funds or armory rentals of DOD.

- Funds collected by the Department of Defense (DOD) as billeting funds or armory rentals pursuant to regulations issued under O.C.G.A. § 38-2-195 are state funds which may be retained by DOD. The management of the funds is subject to requirements of the Office of Planning and Budget, the State Auditor, and the State Depository Board. 1993 Op. Att'y Gen. No. 93-4.

RESEARCH REFERENCES

ALR.

- Construction and application, under state law, of doctrine of "executive privilege,", 10 A.L.R.4th 355.

50-6-8. Chapter does not affect Department of Banking and Finance.

This chapter shall in no way affect the rights, powers, and duties of the Department of Banking and Finance.

(Ga. L. 1923, Ex. Sess., p. 7, § 9; Code 1933, § 40-1810.)

50-6-9. Inspection of work papers and preliminary drafts of state auditor.

  1. Work papers and preliminary drafts of reports created in the course of the discharge of duties and powers of the Department of Audits and Accounts and the state auditor shall not be subject to inspection as public records until an audit or special examination is concluded and a report pertaining to those work papers or preliminary drafts is released as a public record, if a report is to be done. If a public request to inspect such documents has been pending for at least six months, the state auditor's decision not to disclose the documents shall be subject to judicial review in the Superior Court of Fulton County. On judicial review, the state auditor shall have the burden of establishing that the state's interest in nondisclosure outweighs the public interest in access to the records.
  2. If in performing a vulnerability assessment or review the state auditor determines in his or her discretion that a vulnerability or security deficiency may exist, such findings and related work papers shall not be disclosed publicly or otherwise except as determined by the state auditor. The findings shall not be considered a public record until the state auditor determines no material risk is present from disclosure. Those parts of findings and work papers which identify the methods of the state auditor or which may cause or perpetuate vulnerability shall remain confidential and protected from disclosure until the state auditor otherwise directs. A decision of the state auditor not to disclose documents pursuant to this subsection shall be subject to judicial review in the Superior Court of Fulton County, provided a public request to inspect such documents has been pending for at least six months. The state auditor shall have the burden of establishing that the state's interest in nondisclosure outweighs the public interest in access to the records.

(Code 1981, §50-6-9, enacted by Ga. L. 2002, p. 524, § 2.)

ARTICLE 2 STATE AUDITOR

50-6-20. Salary, expenses, duties, bond.

The state auditor shall be paid a salary which may be recommended by the Governor and shall be fixed by the Legislative Services Committee created under Code Section 28-4-1 and shall also be reimbursed for all actual and necessary expenses incurred by the state auditor in carrying out his or her official duties. Until the first action of the Legislative Services Committee to fix the salary of the state auditor, the compensation of the state auditor shall continue unchanged. The state auditor shall devote his or her entire time to the performance of the duties of the office of state auditor and shall give bond, to be filed with and approved by the comptroller general, in the sum of $10,000.00, payable to the Governor and the Governor's successors in office, conditioned that the state auditor shall truly and faithfully perform the duties of the office of state auditor and shall account for all public funds coming into the state auditor's hands or under the state auditor's control, the premium on which bond shall be paid by the state.

(Ga. L. 1923, Ex. Sess., p. 7, § 2; Ga. L. 1925, p. 256, § 1; Code 1933, § 40-1802; Ga. L. 1943, p. 361, § 2; Ga. L. 1947, p. 670, § 1; Ga. L. 1999, p. 910, § 7; Ga. L. 2001, p. 783, § 2; Ga. L. 2013, p. 141, § 50/HB 79.)

The 2013 amendment, effective April 24, 2013, part of an Act to revise, modernize, and correct the Code, revised language in the last sentence of this Code section.

Cross references.

- Official bonds generally, T. 45, C. 4.

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, §§ 278, 287, 288.

C.J.S.

- 73 C.J.S., Public Administrative Law and Procedure, §§ 10 et seq., 24 et seq., 46, 106 et seq. 81A C.J.S., States, §§ 201 et seq., 235 et seq., 245 et seq.

50-6-21. Investigation expenses.

The state auditor is authorized to spend any available money to cover the expenses of investigations and to charge the same to the expenses of his department.

(Code 1933, § 40-1805a, enacted by Ga. L. 1937, p. 421, § 1.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, § 287.

C.J.S.

- 73 C.J.S., Public Administrative Law and Procedure, § 153 et seq. 81A C.J.S., States, § 201 et seq.

50-6-22. Authority to employ officers, assistants.

The state auditor is authorized and empowered to appoint and employ officers and assistants for the Department of Audits and Accounts, each of whom shall hold office at the discretion of the state auditor.

(Ga. L. 1925, p. 256, § 2; Code 1933, § 40-1803.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, §§ 278, 288.

C.J.S.

- 73 C.J.S., Public Administrative Law and Procedure, § 10 et seq. 81A C.J.S., States, § 201 et seq.

50-6-23. Cooperation with appropriations committees.

The state auditor shall cooperate with and shall furnish all information requested by the appropriations committees of the General Assembly.

(Ga. L. 1923, Ex. Sess., p. 7, § 8; Code 1933, § 40-1809.)

50-6-24. Duties and powers generally.

The duties and powers of the state auditor shall be as follows:

  1. Reserved;
  2. To examine thoroughly all financial transactions of all the state departments, institutions, agencies, commissions, bureaus, authorities, and officers and to keep such accounting records as are necessary to provide and maintain a current check upon the fiscal affairs and transactions of all state departments, institutions, agencies, etc.;
  3. To examine and audit thoroughly, at least once a year and more frequently if possible, each and all of the books, records, accounts, vouchers, warrants, bills, and all other papers and records of each and every department, institution, agency, commission, bureau, authority, and officer of the state which or who receives funds from the state or which is maintained in whole or in part by public funds, fees, or commissions. Upon the completion of each audit the state auditor shall prepare a complete report of the same in triplicate, one copy of which shall be filed with the official in charge of the department, institution, etc., so examined, one copy of which shall be transmitted to the Governor, and the third copy of which shall be filed in the office of the state auditor as a permanent record and for the use of the press of the state. In any such report, the state auditor shall call special attention to any illegal, improper, or unnecessary expenditures; all failures to keep records and vouchers required by the law; and all inaccuracies, irregularities, and shortages and shall make specific recommendations for the future avoidance of the same;
  4. To prepare annual and, whenever required, special reports to the Governor and the General Assembly showing the general financial operation and management of each state department, institution, agency, commission, authority, and bureau; showing whether or not the same is being handled in an efficient and economical manner; and calling special attention to any excessive cost of operation or maintenance, any excessive expense, and any excessive price paid for goods, supplies, or labor by any such department, institution, agency, etc.; and
  5. To make special examination into and report of the place and manner in which the funds of the state are kept by the several departments, institutions, agencies, commissions, bureaus, authorities, and officers after the same have been drawn from the state treasury or after the same have been collected and to report who has possession of the same or where the same are deposited, whether the same draw interest, the rate of interest, and whether the same are properly protected by bond, provided that this chapter shall not be construed so as to authorize the state auditor to remove or in any way interfere with any funds so deposited.

(Ga. L. 1923, Ex. Sess., p. 7, § 4; Code 1933, § 40-1805; Ga. L. 2005, p. 694, § 6/HB 293; Ga. L. 2008, p. 522, § 3/SB 300.)

Cross references.

- Authority of governing bodies to contract with state auditor for purposes of conducting audits of government entities, § 36-81-7.

Duty of state auditor to conduct performance audits of regulatory agencies, § 43-2-4.

Reports to state auditor by state agencies regarding professional services fees paid by agencies, § 45-7-70 et seq.

OPINIONS OF THE ATTORNEY GENERAL

State auditor on departmental irregularities.

- State auditor must list and call special attention to all irregularities found in examination of department of the state government and to make available for the information of the public, through the press, such transactions and for the further information of the public officials of the state charged with the responsibility of instituting legal action for a violation of the laws of this state. 1950-51 Op. Att'y Gen. p. 358.

Funds derived from extracurricular school activities.

- County board of education cannot expend county education funds for private audit of funds derived from extracurricular school activities; such an expenditure of education funds is not an expenditure for an "educational purpose" within the meaning of such term. 1962 Op. Att'y Gen. p. 155.

Maintaining custody and control of funds in their custody is a proper matter for regulation by local boards of education, and the regulation, supervision, and control of extracurricular activities to include the maintenance of records pertaining thereto and the audit of funds derived therefrom is a responsibility of the local board of education; should a local board of education desire a private audit of such funds, the expense of obtaining such audit must be paid out of funds derived from such activities. 1962 Op. Att'y Gen. p. 155.

Department as part of executive branch.

- Department of Audits and Accounts is part of executive branch of state government because the duties of the department are similar to the traditional duties of a state department of audits and relate closely to the executive branch of the government. 1970 Op. Att'y Gen. No. 70-37.

Audit billeting funds or armory rentals of DOD.

- Funds collected by the Department of Defense (DOD) as billeting funds or armory rentals pursuant to regulations issued under O.C.G.A. § 38-2-195 are state funds which may be retained by DOD. The management of the funds is subject to requirements of the Office of Planning and Budget, the State Auditor, and the State Depository Board. 1993 Op. Att'y Gen. No. 93-4.

RESEARCH REFERENCES

C.J.S.

- 81A C.J.S., States, § 247.

50-6-25. Maintenance of statistics on architectural and engineering firms doing business with the state; ineligibility of firms.

    1. The state auditor shall maintain statistics on all architectural and engineering firms doing business with the various departments, agencies, authorities, and public corporations of the state, except the Department of Transportation which shall be governed by paragraph (2) of this subsection. The statistics shall show the percentage of the total state business done by each such firm and shall be made available to the General Assembly and all departments, agencies, authorities, and public corporations of the state using architectural and engineering services. The state auditor shall compile the statistics and shall maintain the statistics current on a monthly basis.
    2. The state auditor shall include in the statistics provided for in paragraph (1) of this subsection all architectural and engineering firms doing business with the Department of Transportation. The Department of Transportation shall report its architectural and engineering contracts to the state auditor in two divisions. In the first division, such department shall report those contracts which are under a gross value of $1 million at the time of execution by the total contract amount without accounting for any subcontracts. In the second division, such department shall report those contracts with a gross value in excess of $1 million at the time of execution and shall report all subcontracts thereunder which are in excess of $25,000.00 as further provided for in this Code section. The statistics shall show the total percentage of state business done by each such firm and shall be made available to the General Assembly and the Department of Transportation. The state auditor shall compile the statistics and shall maintain the statistics current on a monthly basis. With respect to any contract of the Department of Transportation in excess of $1 million with an architectural or engineering firm which awards a portion of the business in an amount in excess of $25,000.00 under such contract to one or more subcontractors or joint-venture partners, such department shall report to the state auditor the amount of each subcontractor or joint-venture partner with that portion of the business awarded to such subcontractor or joint-venture partner, and such amounts shall not be listed or included as business of the Department of Transportation awarded to the architectural or engineering firm receiving the state contract. The architectural or engineering firm shall report to the Department of Transportation, as part of its preaward audit conducted by such department, the amount of business in excess of $25,000.00 under an anticipated contract which the contractor intends to award to any subcontractor or joint-venture partner, and, after verification that the information reported is correct, the Department of Transportation shall furnish such information to the state auditor. The state auditor shall revise the statistics with respect to architectural and engineering firms currently doing business with the Department of Transportation with respect to contracts outstanding on April 19, 1995, under which all services have not been performed by such architectural and engineering firms in satisfaction of the contract. Such revised statistics shall be computed in accordance with the provisions of this subsection crediting subcontractors and joint-venture partners with business awarded to them and providing that such amounts credited shall not be listed or included as business of the state awarded to the architectural or engineering firm receiving the state contract. Such revised statistics shall be provided by the contractor within 60 days of April 19, 1995, and, after such time, the state auditor shall not be required to revise such statistics.
  1. Any architectural or engineering firm which has received more than 10 percent of the total awarded for such services by the departments, agencies, authorities, and public corporations of the state during any period of 36 months, as calculated pursuant to the provisions of subsection (a) of this Code section and shown by the statistics of the state auditor, shall be ineligible to contract with any department, agency, authority, or public corporation of the state until the firm, during any period of 36 months, has been awarded less than 10 percent of the total awarded for such services; provided, however, that any architectural or engineering firm may contract with the Department of Transportation for not more than 30 percent of the total awarded for such services, 10 percent for transportation purposes, and 20 percent for tollway purposes.

(Ga. L. 1970, p. 420; Ga. L. 1971, p. 811, § 1; Ga. L. 1973, p. 640, § 1; Ga. L. 1995, p. 912, § 1; Ga. L. 2008, p. 522, § 4/SB 300.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1995, "April 19, 1995," was substituted for "the effective date of this Code section" in two places in paragraph (a)(2).

OPINIONS OF THE ATTORNEY GENERAL

Legislation required to allow Department of Transportation to exceed limitations on professional services contracts.

- While the provisions of former O.C.G.A. § 32-7-73 did not apply to contracts for professional services which were governed by O.C.G.A. § 50-22-1 et seq., legislation is required to allow the Department of Transportation to exceed the limitations on such professional services contracts found in O.C.G.A. § 50-6-25(b). 1994 Op. Att'y Gen. No. U94-14.

Interaction between 10% threshhold and 30% limit.

- Architectural or engineering firm which is awarded fees for such services from the state is ineligible for further state-general contracts when it exceeds the 10% threshhold, but may still contract with the Department of Transportation (DOT) for a maximum of 30% of the total amount awarded, with maximum limits of 10% for DOT-Transportation and 20% for DOT-Tollway. 1992 Op. Att'y Gen. No. 92-35.

Architectural or engineering firms may be considered single firm.

- In applying the eligibility requirements for doing business with the state contained in O.C.G.A. § 50-6-25, architectural or engineering firms with a commonality of interest may, under certain circumstances, be considered as a single "firm." 1992 Op. Att'y Gen. No. 92-30.

50-6-26. Preparation and publication of forms; duty to use.

Reserved. Repealed by Ga. L. 2005, p. 694, § 7/HB 293, effective July 1, 2005.

Editor's notes.

- This Code section was based on Ga. L. 1931, p. 7, § 7; Code 1933, § 40-1813; Ga. L. 1984, p. 1004, § 1.

50-6-27. Annual personnel report; copies for General Assembly; public inspection.

The state auditor shall prepare each year a report showing the entire personnel of every office, institution, board, department, and commission in the executive department of the state government, of every state authority, of every university or college in the University System of Georgia, and of every local board of education. The report shall list the name, title or functional area, salary, and travel expense incurred by each such individual, which information shall be allocated to the respective office, institution, board, department, commission, authority, university, college, or local board of education affected. The report shall be kept in the state auditor's office and shall be available for public inspection during regular business hours. Copies of the report or portions of the report shall be made available on request and posted online in a searchable data base. Each office, institution, board, department, commission, authority, university, college, and local board of education is required and directed to submit to the state auditor, in a format prescribed by the state auditor, a listing of all personnel of such office, institution, board, department, commission, authority, university, college, or local board of education showing name, title or functional area, salary, and travel expense for each individual. The state auditor shall furnish each member of the General Assembly a card or form so that a copy of such report may be requested by any member who desires one.

(Ga. L. 1931, p. 7, § 8; Code 1933, § 40-1814; Ga. L. 1978, p. 220, § 1; Ga. L. 1985, p. 668, § 1; Ga. L. 1995, p. 363, § 1; Ga. L. 2008, p. 522, § 5/SB 300.)

RESEARCH REFERENCES

C.J.S.

- 81A C.J.S., States, § 247.

50-6-28. Investigatory duties generally.

It shall be the duty of the state auditor to make an investigation as a part of his audit of each and every department of the state government. When there are facts, records, circumstances, or information that indicate mismanagement or misconduct on the part of any official or employee of any department of the state government during either a past or present administration, it shall be the duty of the state auditor to make the full investigation, as provided in Code Section 50-6-29, of the department, official, or employee.

(Code 1933, § 40-1805a, enacted by Ga. L. 1937, p. 421, § 1.)

RESEARCH REFERENCES

C.J.S.

- 73 C.J.S., Public Administrative Law and Procedure, § 153 et seq.

50-6-29. Power to compel production of evidence.

For the purpose of more completely discharging the duties resting upon him or her and to discover the truth and to make his or her reports truthful in all matters handled by him or her, the state auditor is empowered to conduct hearings, to summon witnesses, to administer oaths, to take the testimony of such witnesses, and to compel the production, inspection, and copying of documentary evidence, including without limitation evidence in electronic form and documentary evidence that is confidential or not available to the general public, at such time and place as he or she may designate for the purpose of investigating and determining the conduct and record of the employees and officials of any department of the state government. Notwithstanding any other provision of law, the state auditor shall have access to inspect, compel production of, and copy confidential information in any form unless the law making such information confidential expressly refers to this Code section and qualifies or supersedes it in that particular instance. When the audit or special examination of the state auditor is concluded, the Department of Audits and Accounts shall redact, destroy, or return to the custodial agency all confidential information except that information which the state auditor determines is necessary to retain for audit purposes or to disclose for other public purposes. For audit purposes, the state auditor may retain such confidential information in working papers as is minimally necessary to support findings and to comply with generally accepted governmental auditing standards. The state auditor may also disclose confidential information to other officers independently entitled to its receipt, such as for law enforcement purposes. Except as stated above in this Code section, confidential information in the hands of the state auditor shall have the same confidential status as it does in the hands of the custodial entity, and the state auditor shall protect its confidentiality with at least the care and procedures by which it is protected by the custodial agency or substantially equivalent care and procedures.

(Code 1933, § 40-1805a, enacted by Ga. L. 1937, p. 421, § 1; Ga. L. 2002, p. 524, § 3.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 2 Am. Jur. 2d, Administrative Law, § 34 et seq.

C.J.S.

- 73 C.J.S., Public Administrative Law and Procedure, §§ 145, 147. 81A C.J.S., States, § 226 et seq.

50-6-30. Conducting hearings; assistance of Attorney General.

A hearing as provided in Code Section 50-6-29 shall be held in the county where the department or institution being investigated is located and may be presided over by the state auditor. The state auditor shall, at any time when he or she deems necessary, request of the Governor, Lieutenant Governor, or Speaker of the House of Representatives legal assistance in conducting the investigation. Upon such request, the Governor shall designate the Attorney General, his or her assistants, or any special assistant attorney general for the purpose of assisting the state auditor in the prosecution of the investigation.

(Code 1933, § 40-1805a, enacted by Ga. L. 1937, p. 421, § 1; Ga. L. 2008, p. 522, § 6/SB 300.)

50-6-31. Procedure for contempt of court where summons not obeyed.

In the event any witness summoned to appear in person or to produce documents fails or refuses to respond to such summons, it shall be the duty of the state auditor to certify the fact of refusal to a judge of the superior court of the county wherein such witness was required and directed to appear for the purpose of giving testimony or producing documentary evidence, which judge shall issue immediately an order to the party commanding him to appear immediately before the state auditor for the purpose of giving testimony or producing documentary evidence as directed in the notice or summons given by the state auditor. In the event of failure to respond to the summons of the court, the party shall be guilty of contempt of that court and shall be dealt with by the court accordingly.

(Code 1933, § 40-1805a, enacted by Ga. L. 1937, p. 421, § 1; Ga. L. 1982, p. 3, § 50.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1986, a comma was inserted following "the court" in the last sentence.

RESEARCH REFERENCES

C.J.S.

- 73 C.J.S., Public Administrative Law and Procedure, §§ 144, 159 et seq. 81A C.J.S., State, §§ 226, 227.

50-6-32. Short title; definitions; creation, operation, and maintenance of searchable website; public access to state expenditure information.

  1. This Code section shall be known and may be cited as the "Transparency in Government Act."
  2. As used in this Code section, the term:
    1. "Agency" means:
      1. Each department, commission, authority, and agency of state government;
      2. The Board of Regents of the University System of Georgia;
      3. Any regional educational service agency;
      4. The General Assembly, including all legislative offices and agencies; and
      5. Local boards of education.
    2. "Department" means the Department of Audits and Accounts.
    3. "Searchable website" means a single website that allows the public to review and analyze information identified in subsection (c) of this Code section.
    1. The department shall develop and operate a searchable website accessible by the public, at no cost, that provides the following information pertaining to state fiscal year 2008 and each state fiscal year thereafter:
      1. The State of Georgia Comprehensive Annual Financial Report that includes an indexed statement of operations and a statement of financial condition of the state in accordance with governmental generally acceptable accounting principles;
      2. The annual Budgetary Compliance Report for the state that provides, by agency, an indexed report comparing budgeted and actual revenues and expenditures by budgetary units for each organization included in the General Appropriations Act, as amended. Such report shall include, at a minimum, a statement of the taxes and other revenues remitted to the state treasury and operating revenues retained by the agency during the immediately preceding fiscal year as well as a statement of total expenditures made by the agency during the immediately preceding fiscal year;
      3. The annual State of Georgia Single Audit Report that provides, by federal grant, an indexed listing of all expenditures of federal funds and also discloses by state organization any audit findings and corrective actions to be taken;
      4. Salaries and expenses of full-time and part-time employees and board members;
      5. A list of consultant expenses and other professional services expenses;
      6. State Budget in Brief, indexed by reporting agency;
      7. All performance audits conducted by the department for the preceding five years; and
      8. An indexed listing of all agencies and end users receiving any federal pass-through moneys and an itemized enumeration of the expenditure of such moneys.
    2. As soon as is practical after the close of each fiscal year, the department shall update the searchable website for such fiscal year to include the information set forth in paragraph (1) of this subsection.
    1. The department shall develop and add to the searchable website a report of certain grant and contract payments made or due to vendors by agencies reporting through the state's general financial accounting and information system and all payments made through economic and incentive programs operated by the Department of Economic Development, the Department of Labor, the Department of Community Affairs, the Department of Agriculture, and the Georgia Lottery Corporation pertaining to state fiscal year 2009 and each state fiscal year thereafter. Such report shall include, at a minimum:
      1. A list of all obligations entered into by the agency during the immediately preceding fiscal year which call for the agency to expend at any time in the aggregate more than $50,000.00; and
      2. A list of the names of each person, firm, or corporation that has received from the agency during the immediately preceding fiscal year payments in excess of $20,000.00 in the aggregate, including the amount paid to such person, firm, or corporation during such period.
    2. As soon as is practical after the close of each fiscal year, the department shall update the searchable website for such fiscal year to include the information set forth in this subsection.
    3. Offices of the judicial branch shall provide the information required by agencies under this subsection.
  3. All agencies shall provide to the Department of Audits and Accounts such information as is necessary to accomplish the purposes of this Code section.
  4. Nothing in this Code section shall require the disclosure of information which is considered confidential by state or federal law.
  5. Each local board of education subject to Code Section 48-8-141 shall provide the information required under that Code section to the department for posting on the searchable website.

(Code 1981, §50-6-32, enacted by Ga. L. 2008, p. 522, § 7/SB 300; Ga. L. 2010, p. 906, § 2/HB 1013; Ga. L. 2010, p. 1253, § 1/SB 389.)

Code Commission notes.

- The amendment to paragraph (b)(1) of this Code section by Ga. L. 2010, p. 906, § 2, irreconcilably conflicted with and was treated as superseded by Ga. L. 2010, p. 1253, § 1. See County of Butts v. Strahan, 151 Ga. 417 (1921); Keener v. McDougall, 232 Ga. 273 (1974).

CHAPTER 7 DEPARTMENT OF ECONOMIC DEVELOPMENT

Article 1 General Provisions.
Article 2 Promotion of Marine Research and Industrial Activities.
Article 3 Geo. L. Smith II Georgia
World Congress Center. Article 4
Savannah-Georgia Convention Center Authority. Part 1

G ENERAL PROVISIONS

Part 2 PROMOTION.
Article 5 Civil War Commission.
Article 6 Agricultural Tourist Attractions.
Article 7 Goods and Products Manufactured in Georgia.
Article 8 State Workforce Development Board.
Article 9 Georgia Film and Television Trail.
Article 10 Defense Community Economic Development Fund.
Editor's notes.

- Ga. L. 1989, p. 1641, which amended this chapter, provides in § 18, not codified by the General Assembly, that: "In the event of any substantive conflict between this Act and any other Act of the 1989 General Assembly, such other Act shall control over this Act."

Cross references.

- Official Gardens and Nature Centers, § 12-3-640.

ARTICLE 1 GENERAL PROVISIONS

50-7-1. Creation of department.

There is created as a part of the executive branch of the state government the Department of Economic Development.

(Ga. L. 1949, p. 249, § 1; Ga. L. 1962, p. 694, § 1; Ga. L. 1989, p. 1641, § 14; Ga. L. 2004, p. 690, § 29.)

Cross references.

- Georgia Tourism Development Act, T. 48, C. 8, A. 5.

OPINIONS OF THE ATTORNEY GENERAL

Continuation of former offices and positions under merit system.

- All of the offices and positions of employment within the former Department of Commerce which were brought under the merit system continued under the merit system under its successor, the Department of Industry and Trade (now the Department of Industry, Trade, and Tourism); with the exception of the director and the members of the Board of Commissioners, the board must hire and terminate all personnel subject to the rules and regulations of the State Personnel Board. 1967 Op. Att'y Gen. No. 67-151 (opinion rendered prior to Executive Reorganization Act of 1972 and its progeny).

50-7-2. Commissioner as head of department; appointment and compensation; authority to designate assistant commissioner and other employees; reimbursement of certain expenses.

  1. There is created the office of commissioner of economic development, who shall be executive office and administrative head of the department.The commissioner shall be appointed by and serve at the pleasure of the Board of Economic Development.The compensation of the commissioner shall be fixed by the board.The commissioner shall assist the board in the performance of its duties, powers, and authority, and jurisdiction as the board shall provide.The commissioner shall receive expenses, including mileage, as do other state officials and employees.
  2. The board is authorized to designate an assistant commissioner, a deputy commissioner to be known as the deputy commissioner for Rural Georgia, and such other employees as are necessary to carry out and effectuate this chapter.
  3. The commissioner is further authorized and empowered to reimburse authorized personnel of the department for the actual cost incurred in the pursuit of official business for all meals, taxis, parking, and the rental of automobiles when the use of such vehicles is less expensive or more efficient than other commercial transportation.

(Ga. L. 1959, p. 262, §§ 5, 13; Ga. L. 1962, p. 694, § 6; Ga. L. 1964, p. 181, § 1; Ga. L. 1968, p. 130, § 13; Ga. L. 1968, p. 1411, § 1; Ga. L. 1989, p. 1641, § 14; Ga. L. 2004, p. 690, § 30; Ga. L. 2018, p. 142, § 3/HB 951.)

The 2018 amendment, effective July 1, 2018, designated the existing provisions of this Code section as subsections (a) through (c); and inserted ", a deputy commissioner to be known as the deputy commissioner for Rural Georgia," in the middle of present subsection (b).

Cross references.

- Reimbursement of expenses of state employees generally, § 45-7-20 et seq.

Editor's notes.

- Ga. L. 2018, p. 142, § 1/HB 951, not codified by the General Assembly, provides that: "The General Assembly finds that:

"(1) Since 2010 the State of Georgia has experienced tremendous job growth, adding more than 500,000 new private sector jobs;

"(2) Georgia's economic successes during this period have resulted from a favorable tax structure and regulatory environment and aggressive economic development initiatives;

"(3) Georgia has been declared by several industry publications, including Site Selection Magazine, to be the best state in the nation for business for the previous four years;

"(4) This economic success has not extended into all of Georgia's rural areas to a desired level;

"(5) As a result, Georgia's rural areas face with challenges distinct from other regions of this state, including loss of population, insufficient health care access, poor infrastructure, diminished opportunity for quality education, scarcity of employment opportunities, and overall lack of economic growth;

"(6) A thorough, intensive, and systematic study of the existing issues in Georgia's rural areas is necessary and appropriate; and

"(7) The objective of such study should be to identify policies and ideas to enhance economic opportunity across the entire state, particularly in rural areas."

50-7-3. Creation of board; composition; terms; vacancies; intergovernmental contracts and agreements.

  1. The department shall be under the direction and supervision of a Board of Economic Development.
  2. On and after July 1, 1999, the Board of Economic Development shall consist of one member from each congressional district in the state and nine additional members from the state at large. All members shall be appointed by the Governor, subject to confirmation by the Senate. The initial terms of members shall be as follows: two members representative of congressional districts and two at-large members shall be appointed for a term ending July 1, 2000; two members representative of congressional districts and two at-large members shall be appointed for a term ending July 1, 2001; three members representative of congressional districts and one at-large member shall be appointed for a term ending July 1, 2002; two members representative of congressional districts and two at-large members shall be appointed for a term ending July 1, 2003; and two members representative of congressional districts and two at-large members shall be appointed for a term ending July 1, 2004. Thereafter, all members appointed to the board by the Governor shall be appointed for terms of five years and until their successors are appointed and qualified. In the event of a vacancy during the term of any member by reason of death, resignation, or otherwise, the appointment of a successor by the Governor shall be for the remainder of the unexpired term of such member.
  3. The first members appointed under this Code section shall be appointed for terms which begin July 1, 1999. The members of the Board of Economic Development serving on April 1, 1999, shall remain in office until their successors are appointed and qualified.
  4. In addition to all other powers granted to the Board of Economic Development under this chapter, the board may authorize the Department of Economic Development to enter into and carry out intergovernmental contracts and agreements for the purpose of providing financial and other assistance in carrying out projects or undertakings which will further the public purposes of development of trade, commerce, industry, and employment opportunities at the state and local levels. The board may authorize such contracts and agreements between the department and other departments, agencies, and entities of state government and may also authorize such contracts and agreements between the department and local development authorities. Any such contracts and agreements shall be awarded pursuant to criteria and procedures developed by the board. Such criteria and procedures shall be designed to effectuate those proposed contracts and agreements which will be most effective in furthering the public purpose of development of trade, commerce, industry, and employment opportunities at the state and local levels. Neither the development of such criteria nor the award of such contracts and agreements shall be subject to Chapter 5 of this title; Chapter 13 of this title; or Article 5 of Chapter 5 of Title 28. The board and the department may expend funds appropriated or otherwise available to the board and the department for the public purposes described in this subsection.

(Ga. L. 1949, p. 249, § 2; Ga. L. 1959, p. 262, § 1; Ga. L. 1962, p. 694, § 2; Ga. L. 1983, p. 504, § 1; Ga. L. 1989, p. 1641, § 14; Ga. L. 1999, p. 1041, § 1; Ga. L. 2002, p. 415, § 50; Ga. L. 2004, p. 690, § 31.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1999, "this title" was substituted for "Title 50" in two places in subsection (d).

OPINIONS OF THE ATTORNEY GENERAL

Board member not ineligible to run for county office.

- One's status as a member of the board of the department will not affect a member's eligibility to run for county office. 1968 Op. Att'y Gen. No. 68-14.

Presumption of resignation raised by absence from meetings.

- Board may include in the board's by-laws a provision specifying that any board member missing three or more consecutive meetings without discussing the reason for the absence with the chairperson will be presumed to have resigned and that the chairperson will notify the Governor of the resignation. 1991 Op. Att'y Gen. No. 91-18.

50-7-4. Policy-making function of board.

The board shall be the policy-determining body for the department and shall have the duties, powers, authority, and jurisdiction provided in this chapter.

(Ga. L. 1949, p. 249, § 2; Ga. L. 1959, p. 262, § 1; Ga. L. 1962, p. 694, § 2; Code 1981, §50-7-3; Code 1981, §50-7-4, enacted by Ga. L. 1983, p. 504, § 2; Ga. L. 1989, p. 1641, § 14.)

50-7-5. Compensation and expenses of board members.

The members of the board shall receive no compensation for their services but shall be entitled to receive actual expenses incurred by them in the performance of their duties. The expenses, including mileage, shall be paid on the same basis as for other state officials and employees.

(Ga. L. 1959, p. 262, §§ 3, 11; Ga. L. 1962, p. 694, § 4; Ga. L. 1989, p. 1641, § 14.)

Cross references.

- Reimbursement of expenses of state employees generally, § 45-7-20 et seq.

50-7-6. Operational procedures for board meetings.

The board shall adopt procedures for its own operation and for the transaction of business including, but not limited to, setting a quorum for meetings and for the transaction of business; setting meeting dates, times, and places; and calling meetings.

(Ga. L. 1959, p. 262, §§ 4, 12; Ga. L. 1962, p. 694, § 5; Ga. L. 1989, p. 1641, § 14.)

50-7-7. Duties and powers of board generally.

The board shall have the following duties and powers:

  1. To investigate, study, and undertake ways and means of promoting and encouraging the prosperous development and protection of the legitimate interest and welfare of Georgia business, industry, and commerce within and outside the state;
  2. To make and prepare plans and establish long-term policies for the promotion, establishment, development, and expansion of commerce and industry in the state;
  3. To promote and encourage the location, establishment, and development of new businesses and industries within the state and the development and expansion of businesses and industries now or hereafter located in the state;
  4. To promote and encourage the establishment, maintenance, development, and expansion of markets for the products of Georgia business, industry, and agriculture;
  5. To promote and encourage the use of the commercial, industrial, and agricultural facilities and resources of the state by persons, businesses, and industries located within or outside the state; and particularly to promote and encourage the expansion and development of industries processing or using agricultural, timber, timber products, and natural resources of the state;
  6. To establish, develop, and maintain an effective business information service, both for the direct assistance of business and industry of the state and for the encouragement of industries outside the state to use commercial, industrial, and agricultural facilities within the state;
  7. To promote and encourage the establishment, development, and maintenance of commerce and trade between this state and other states and foreign countries; to plan for the removal of, and to devise and put into operation ways and means of removing, trade barriers of any kind which in any way hamper, burden, restrict, or interfere with the free flow of commerce and trade between this state and other states; and
  8. To plan and conduct a program of information and publicity designed to attract tourists, visitors, and other interested persons from outside the state to this state and also to encourage and coordinate the efforts of other public and private organizations or groups of citizens to publicize the facilities and attractions of the state for the same purposes.

(Ga. L. 1949, p. 249, § 14; Ga. L. 1959, p. 262, § 15; Ga. L. 1962, p. 694, § 7; Ga. L. 1989, p. 1641, § 14.)

Cross references.

- Powers and duties of State Board of Education relating to vocational education generally, T. 20, C. 4.

Conducting of industrial research by Georgia Tech Research Institute, T. 20, C. 11.

OPINIONS OF THE ATTORNEY GENERAL

Department is authorized to conduct labor availability study for a city and may do so with money the department receives from the Governor's emergency fund. 1969 Op. Att'y Gen. No. 69-389.

Limits on assistance in acquisition of industrial park.

- While the Department of Community Development (now Department of Industry, Trade, and Tourism) is authorized to "coordinate, counsel and advise" with local governmental agencies as well as other public or private organizations in their promotional and planning activities, the department is unauthorized to spend state funds to assist a county development authority to acquire property for an industrial park. 1974 Op. Att'y Gen. No. 74-11.

Authorization to contract for installation of signs.

- Contract for the installation of "highway welcome signs" to be erected on the Georgia side of the state line on state road rights of way where the various highways enter the state is authorized. 1963-65 Op. Att'y Gen. p. 280.

Purchasing of gifts for representatives of industries.

- Purchase of cuff links and the decorative attachment to key rings designed in the shape of this state for controlled distribution to representatives of industries which the department is attempting to encourage to locate or expand operations in Georgia is authorized by this section and is not repugnant to Ga. Const. 1976, Art. III, Sec. VIII, Para. XII (see Ga. Const. 1983, Art. III, Sec. VI, Para. VI) since the elements of gratuity are merely incidental to their dominant function of advertising and promotion. 1963-65 Op. Att'y Gen. p. 558.

50-7-8. Additional duties and powers of board.

The board shall also have the following duties and powers:

  1. To conduct and make such surveys and investigations, to gather and compile such information, and to make and prepare such reports, plans, and maps as may be necessary or proper effectually to discharge the duties and exercise the powers of the board enumerated in this article;
  2. To engage in and promote and encourage research designed to further new and more extensive uses of the agricultural and natural resources or other products or resources of the state and designed to develop new products and industrial processes;
  3. To study trends and developments in business, industry, and agriculture in the state and analyze such trends and developments and the reasons therefor; to study costs and other factors underlying the successful operation of businesses and industries in the state; and to make recommendations regarding circumstances promoting or hampering industrial or agricultural development;
  4. To collect, compile, and publish in print or electronically periodically a census of business and industry in the state with the cooperation of other agencies, and to analyze and publish in print or electronically information relating to current conditions of business, industry, and agriculture in the state;
  5. To compile, publish in print or electronically, and make available for distribution to interested persons the results of any and all studies, surveys, and investigations; any and all information gathered; and any and all reports made and plans and maps prepared;
  6. To coordinate any of its activities, efforts, or functions with those of any other agency or agencies of the federal government, this state, other states, and local governments having duties, powers, or functions similar to those of the board, and to cooperate, counsel, and advise with such agencies;
  7. To cooperate, counsel, and advise with and to encourage and promote coordination in the efforts of other organizations or groups within the state, public or private, engaged in publicizing the advantages, attractions, or resources of the state;
  8. To cooperate, counsel, and advise with municipal, county, regional, or other local planning agencies in the state for the purpose of promoting coordination between the state and localities as to plans, policies, development of commerce, industry, or agriculture, publicity, and other related activities and functions;
  9. To solicit and receive gifts, donations, or contributions from any person, firm, or corporation in furtherance of the services, purposes, duties, responsibilities, or functions vested in the board;
  10. To authorize the Department of Economic Development in accordance with all applicable state laws to contract and make cooperative agreements, contracts, and rental agreements with the United States government; any county, municipality, or local government or any combination thereof; any public or private corporation or firm; any persons whatsoever; or any public authority, agency, commission, or institution, including agencies of state government for any of the services, purposes, duties, responsibilities, or functions vested in the board;
  11. To authorize the Department of Economic Development to participate with public and private groups, organizations, and businesses in joint marketing projects that promote the economic and tourist development of the State of Georgia and make efficient use of state appropriated marketing funds. In connection with such projects, the department may receive supplies, materials, equipment, services, and other personal property and intangible benefits. It may also issue licenses to others for the use of property in its custody or control, including intellectual property and other personal property, but may not become a joint owner. In acquisitions under this paragraph, the department shall be exempt from the provisions of Chapters 5 and 25 of this title. By way of illustration and not limitation, the department may allow the use of its logo in advertising and on uniforms provided by cooperating entities for wear by department employees. The board shall adopt and amend its policies, regulations, rules, and procedures as necessary to implement this provision and shall not be subject to Chapter 13 of this title, the "Georgia Administrative Procedure Act," in doing so. In this paragraph, "marketing" means promotion, advertising, signage, public relations, press relations, branding, and use of a "look"; creation, use, and licensing of trademark, copyright, and other intellectual property; discounts; and other activities of similar nature or within the term as it is commonly understood. The department will utilize competitive procedures and the Georgia Registry whenever in its reasonable discretion it is in the best interest of the state to do so. The Georgia Technology Authority will retain its authority over technology but will defer to the department in matters of marketing of economic development and implementation in such overlapping areas as creation of kiosks and web page design and operation. The Department of Administrative Services will retain its authority over purchasing in areas not peculiarly germane to marketing implementation, such as printing and shipping, but will defer to the department in matters of marketing of economic development and implementation in overlapping areas;
  12. To assist the Georgia Music Hall of Fame Authority for any purpose necessary or incidental in the administration and performance of the Georgia Music Hall of Fame Authority's duties, powers, responsibilities, and functions as provided in Part 10 of Article 7 of Chapter 3 of Title 12;
  13. To enter into contracts with the Georgia Music Hall of Fame Authority for any purpose necessary or incidental in assisting the Georgia Music Hall of Fame Authority in carrying out or performing its duties, responsibilities, and functions; provided, however, that all such assistance shall be performed on behalf of and pursuant to the lawful purposes of the Georgia Music Hall of Fame Authority and not on behalf of the department; and provided, further, that such assistance shall not include the authorization of the issuance of any bonds or other indebtedness of the authority. The department may undertake joint or complementary programs with the Georgia Music Hall of Fame Authority, including the provision for joint or complementary services, within the scope of their respective powers;
  14. To induce, by payment of state funds or other consideration, any agency or authority assigned to the department for administrative purposes to perform the agency's or authority's statutory functions; and
  15. To promote the deployment of broadband services throughout the state, including, but not limited to, the deployment of broadband services in any facilities and developments designated as a Georgia Broadband Ready Community Site. The board and the Department of Economic Development shall have such additional powers and duties related to the promotion of the deployment of broadband services and other emerging communications technologies provided in Chapter 40 of this title.

(Ga. L. 1949, p. 249, § 15; Ga. L. 1959, p. 262, §§ 16-18; Ga. L. 1962, p. 694, § 8; Ga. L. 1985, p. 428, § 1; Ga. L. 1989, p. 1641, § 14; Ga. L. 2004, p. 684, § 1; Ga. L. 2004, p. 690, § 32; Ga. L. 2005, p. 306, §§ 2, 3/SB 125; Ga. L. 2010, p. 838, § 10/SB 388; Ga. L. 2018, p. 629, § 4-1/SB 402.)

The 2018 amendment, effective May 7, 2018, deleted "and" at the end of paragraph (13); in paragraph (14), substituted "agency's or authority's" for "agency or authority's" near the end, and substituted "; and" for the period at the end; and added paragraph (15).

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2004, "paragraph" was substituted for "subsection" in paragraph (11).

Pursuant to Code Section 28-9-5, in 2018, "Chapter 40 of this title" was substituted for "Chapter 39 of this title" at the end of paragraph (15).

Editor's notes.

- Ga. L. 2018, p. 629, § 1/SB 402, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Achieving Connectivity Everywhere (ACE) Act.'"

OPINIONS OF THE ATTORNEY GENERAL

Limited assistance to localities.

- While the department is authorized to "coordinate, counsel, and advise" with local governmental agencies as well as other public or private organizations in their promotional and planning activities, the department is unauthorized to spend state funds to assist a county development authority to acquire property for an industrial park. 1974 Op. Att'y Gen. No. 74-11.

Joint advertising effort between the Department of Industry, Trade, and Tourism and a private industry is within the powers conferred upon the department by the General Assembly under O.C.G.A. § 50-7-8, provided that the department receives or has received the appropriate authorization from the Board of Industry, Trade, and Tourism. 1989 Op. Att'y Gen. No. 89-59.

RESEARCH REFERENCES

ALR.

- Applicability of state anti-trust act to interstate transaction, 24 A.L.R. 787.

50-7-9. Duty of board to make recommendations to Governor and General Assembly concerning improvement of business conditions.

The board shall make, from time to time, written recommendations to the Governor and to the General Assembly concerning the improvement of conditions under which business, industry, and agriculture are carried on in the state and the elimination of any restrictions or burdens imposed by law or otherwise which adversely affect or retard the legitimate development and expansion of commerce, business, industry, trade, or agriculture in the state.

(Ga. L. 1949, p. 249, § 16; Ga. L. 1959, p. 262, § 19; Ga. L. 1962, p. 694, § 9; Ga. L. 1989, p. 1641, § 14.)

50-7-10. Authorization for board to accept grants and gifts.

The board may accept grants and gifts from the federal government; the state government; any county, municipal, or local government; any board, bureau, commission, agency, or establishment of any such government; any other organization, public or private; and any individual or groups of individuals.

(Ga. L. 1949, p. 249, § 17; Ga. L. 1959, p. 262, § 20; Ga. L. 1962, p. 694, § 10; Ga. L. 1989, p. 1641, § 14.)

OPINIONS OF THE ATTORNEY GENERAL

Use of grant to build airport radio beacon.

- Although the department may lawfully accept a grant from the Governor's emergency fund, such grant may not be utilized, by contract or otherwise, for the purpose of constructing a radio beacon at the Vidalia Municipal Airport. 1967 Op. Att'y Gen. No. 67-322.

50-7-11. Use by board of accepted grants or gifts.

All funds received by the board from grants or gifts made to and accepted by the board pursuant to Code Section 50-7-10 shall be used by the board to pay the expenses and costs of the operation of the department.

(Ga. L. 1949, p. 249, § 18; Ga. L. 1950, p. 182, § 3; Ga. L. 1959, p. 262, § 21; Ga. L. 1962, p. 694, § 11; Ga. L. 1989, p. 1641, § 14.)

50-7-11.1. Authority to administer and disperse funds.

In the event the board accepts grants and gifts from the federal government pursuant to Code Section 50-7-10, the board shall also have the authority to administer and disperse those funds for any and all purposes of this article in a manner consistent with the terms of the grant or gift and other applicable laws, the provisions of Code Section 50-7-11 notwithstanding.

(Code 1981, §50-7-11.1, enacted by Ga. L. 2013, p. 685, § 2/SB 177; Ga. L. 2015, p. 1084, § 2/HB 348; Ga. L. 2018, p. 109, § 3/SB 377.)

Effective date.

- This Code section became effective July 1, 2013.

The 2015 amendment, effective July 1, 2015, added the second sentence in this Code section.

The 2018 amendment, effective July 1, 2018, deleted the former second sentence, which read: "Regarding the administration, dispersal, and use of any federal funds, or the administration of programs created by the Workforce Investment Act or its amendments, the board shall administer, disperse, and use those funds, and administer those programs in compliance with governing federal laws, the state plan, and regulations and policies promulgated by the State Workforce Development Board and the Governor."

50-7-12. Welcome centers authorized; department to construct, operate, and maintain centers; installation and operation of vending machines, automated teller machines, and cash-dispensing machines.

  1. The Governor shall have authority to direct and provide for the construction of welcome centers at or near the point of entrance into this state of any federal highway. The Department of Transportation may exercise the power of eminent domain in acquiring fee simple title to suitable locations for the erection of such welcome centers. Any welcome center acquired prior to April 23, 1969, may be maintained and improved, regardless of whether the fee simple title therefor is in the state.
  2. It shall be the duty of the Department of Economic Development to construct, operate, and maintain the welcome centers and keep them supplied with such information, pamphlets, and other materials as will advertise and publicize the tourist attractions, natural resources, industry, history, and commerce of this state.
  3. The Department of Economic Development, with the concurrence of the Department of Transportation, is further authorized to install or provide for the installation of and to operate or provide for the operation of vending machines and to sell in such machines nonalcoholic beverages, snacks, candy, cigarettes, and other articles as determined by the Department of Economic Development to be necessary or desirable for the traveling public at reasonable prices. The prices charged for these products will approximate the prevailing rate within the area for similar items so as not to compete unfairly with private enterprise, such prices to be set by the Department of Economic Development. The Department of Economic Development is also authorized to provide for the sale or free distribution of articles and merchandise at the welcome centers in such manner as is deemed to be in the best interest of promoting the tourist trade in this state.
  4. The Department of Economic Development, with the concurrence of the Department of Transportation, is authorized to provide for the installation and operation at welcome centers of automated teller machines and cash-dispensing machines. If so authorized, such machines shall be established, placed, and operated in accordance with applicable law. Such machines shall be placed in welcome centers upon such terms and conditions as shall be deemed by the Department of Economic Development to be in the best interest of the state and the traveling public.

(Ga. L. 1951, p. 747, §§ 1, 2; Ga. L. 1953, Nov.-Dec. Sess., p. 185, §§ 2-6; Ga. L. 1960, p. 1097, § 1; Ga. L. 1969, p. 610, §§ 1-3; Ga. L. 1979, p. 132, § 1; Ga. L. 1989, p. 1641, § 14; Ga. L. 1995, p. 416, § 1; Ga. L. 2004, p. 690, § 33.)

Cross references.

- Seizure of vending machines containing cigarettes or cigars upon which tax has not been paid, § 48-11-9.

OPINIONS OF THE ATTORNEY GENERAL

Departmental duty to preserve and be responsible for upkeep of actual building which comprises welcome center; whereas, it will be the correlative duty of the Department of Transportation to preserve and keep the surrounding grounds in their originally constructed condition. 1969 Op. Att'y Gen. No. 69-332.

Discount coupons to tourist attractions.

- Department may print and distribute a booklet of coupons entitling the holder to discounts at various tourist attractions in this state. 1970 Op. Att'y Gen. No. 70-81.

RESEARCH REFERENCES

ALR.

- Validity, construction, and application of statutes or ordinances prohibiting or regulating automatic vending machines, 111 A.L.R. 755; 151 A.L.R. 1195.

50-7-13. Revenue from vending machine sales to offset maintenance costs.

Notwithstanding any provision to the contrary, all net revenue derived from the sale of nonalcoholic beverages, snacks, candy, cigarettes, and other articles from vending machines at welcome centers and tourist centers shall be utilized by the Department of Economic Development to offset the cost of maintenance of all welcome centers and tourist centers and litter pickup in these areas. Notwithstanding any provision to the contrary, all net revenue derived from the sale of nonalcoholic beverages, snacks, candy, cigarettes, and other articles from vending machines at safety rest areas shall be utilized by the Department of Transportation to offset the cost of maintenance of all safety rest areas and litter pickup in these areas.

(Ga. L. 1979, p. 132, § 7; Ga. L. 1989, p. 1641, § 14; Ga. L. 2004, p. 690, § 34.)

Cross references.

- Seizure of vending machines containing cigarettes or cigars upon which tax has not been paid, § 48-11-9.

50-7-14. Tourist center within vicinity of domestic residence of state citizen elected President.

  1. The Governor shall have authority to direct and provide for the construction of a tourist center on real property owned by or which may be acquired by the state within the general vicinity or area of the domestic residence of any citizen of this state when such citizen has been elected President of the United States and the Governor determines that the number of tourists and other persons visiting the area justifies the center.
  2. It shall be the duty of the Department of Economic Development to construct, operate, and maintain the tourist center and keep it supplied with such information, pamphlets, and other materials as will advertise and publicize the tourist attractions, natural resources, industry, history, and commerce of this state.
  3. The Department of Economic Development is further authorized to provide space for other commercial or noncommercial projects in the center and allow the persons to sell or provide such articles or services as may be prescribed in the lease, contract, franchise, or other arrangement, as determined by the department. The Department of Economic Development shall regulate the sale or free distribution of such articles, merchandise, and services by other persons at the center in the manner it deems to be in the best interest of promoting tourist trade in this state and otherwise furthering the purposes for which the center is created. The Department of Economic Development is further authorized to install or provide for the installation of and to operate or provide for the operation of vending machines and to sell in such machines nonalcoholic beverages, snacks, candy, cigarettes, and other articles as determined by the Department of Economic Development to be necessary or desirable for the traveling public at reasonable prices. The prices charged for these products will approximate the prevailing rate within the area for similar items so as not to compete unfairly with private enterprise, such prices to be set by the department.
  4. The Department of Economic Development may also enter into contracts with other state, local, or federal agencies or with other persons to assist it in construction, operation, or maintenance of the center. The department may acquire real and personal property for such purposes.

(Ga. L. 1977, p. 200, § 1; Ga. L. 1979, p. 132, § 2; Ga. L. 1989, p. 1641, § 14; Ga. L. 2004, p. 690, § 35.)

50-7-15. Expenditures for meals and expenses of persons seeking to locate business, industry, or tourist facilities in state.

The Department of Economic Development, in order to make Georgia competitive with other states in securing new business, industry, and tourism, is authorized to expend available funds for the business meals and incidental expenses of bona fide industrial prospects and other persons who attend any meeting at the request of the department to discuss the location or development of new business, industry, or tourism within the state. All such expenditures shall be verified by vouchers showing the date, place, purpose, and persons for whom such expenditures were made. The state auditor shall conduct an audit of such expenditures at least every six months.

(Code 1981, §50-7-15, enacted by Ga. L. 1983, p. 499, § 2; Ga. L. 1989, p. 1641, § 14; Ga. L. 2004, p. 690, § 36.)

Cross references.

- Gratuities prohibited, Ga. Const. 1983, Art. III, Sec. VI, Para. VI.

Editor's notes.

- Ga. L. 1983, p. 499, § 1, not codified by the General Assembly, provides: "It is the intent of this Act to implement the provisions of Article III, Section VI, Paragraph VI of the Constitution of the State of Georgia."

50-7-16. Definitions; acquisition of property by Department of Economic Development.

  1. As used in this Code section, the term:
    1. "Acquire" means the obtaining of a fee simple interest in real property by any method including, but not limited to, gift, purchase, condemnation, devise, court order, and exchange.
    2. "Lease" means a written instrument under the terms and conditions of which one party out of its own estate grants and conveys to another party or parties an estate for years retaining a reversion in itself after such grant and conveyance.
    3. "Person" means any individual; general or limited partnership; joint venture; firm; private, public, or public service corporation; association; authority; fiduciary; governmental body, instrumentality, or other organization of the state; county of the state; municipal corporation of the state; political subdivision of the state; governmental subdivision of the state; and any other legal entity doing business in the state.
    4. "Project" means a facility to be used in conjunction with trade, commerce, industry, manufacturing, or tourism in the state.
    5. "Rental agreement" means a written instrument the terms and conditions of which create the relationship of landlord and tenant. Under such relationship no estate passes out of the landlord and the tenant has only usufruct.
  2. The Department of Economic Development is authorized to acquire real property and to construct, operate, and maintain such projects as are beneficial to the development of industry, trade, and tourism and to create economic and employment opportunities in the state. The department is authorized, with the approval of the State Properties Commission, to enter into agreements to lease, rent, or convey the real property of any such project with any person in order to accomplish such goals and upon such other terms and conditions as the department may determine to be necessary or convenient for such substantial public benefit and such consideration as may be determined by the department to be fair and equitable to the state under all the circumstances in accordance with the provisions of Article III, Section VI, Paragraph VI of the Constitution of Georgia, relating to gratuities. Subject to such principles, any such lease or rental agreement may be for and in consideration of a minimum of $1.00 annually for each calendar year or portion thereof paid in kind to the Office of the State Treasurer and may arrange for the conveyance of such land for a fixed price, provided that such property be held, constructed, operated, maintained, expanded, or improved by the grantee and its successors and assigns consonant with the purposes of the project and other requirements of the department.

(Code 1981, §50-7-16, enacted by Ga. L. 2004, p. 684, § 2; Ga. L. 2010, p. 863, § 2/SB 296.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2004, "Department of Economic Development" was substituted for "Department of Industry, Trade, and Tourism" at the beginning of subsection (b).

50-7-17. New Georgia Foundation for Tourism; definitions; marketing program.

  1. Statement of policy and short title. The General Assembly finds that it is in the state's interest to present a cohesive and vibrant message for the promotion of tourism in Georgia. This Code section, therefore, shall be known and may be cited as the "New Georgia Foundation for Tourism Act."
  2. Definitions. As used in this Code section, the term:
    1. "Agency" means any officer, board, department, agency, commission, bureau, authority, public corporation, instrumentality, or other entity of state government when engaged in an activity conducive to marketing which promotes tourism.
    2. "Coordinate" and "coordination" include issuing rules, policies, standards, definitions, specifications, coordination, and other guidance and direction.
    3. "Department" means the Department of Economic Development.
    4. "Implement" and "implementation" include planning, writing, drafting, designing, study, and market analysis; solicitation and acceptance of gifts, contributions, and cooperation; contracting, procurement, retention of consultants, outsourcing, similar activities, and other activities within the ordinary meaning of the term in this context.
    5. "Market" and "marketing" include promotion, advertising, signage, public relations, press relations, branding, and use of a "look"; creation, use, and licensing of trademark, copyright, and other intellectual property; discounts; and other activities of similar nature or within the term as it is commonly understood.
  3. Establishment of State-wide Tourism Marketing Program.
    1. Generally. For promotion of tourism in Georgia, the department may establish, implement, and provide for implementing a State-wide Tourism Marketing Program, with common and consistent features for implementation by the department and agencies. Within the State-wide Tourism Marketing Program, the department may establish or authorize various themes and component programs, but such themes and component programs must have common and consistent features with the State-wide Tourism Market Program.
    2. Emphases. As important and substantial components of the State-wide Tourism Marketing Program, the department will place particular emphasis on branding and on the state's great heritage and culture.
    3. Sharing of powers. In marketing and implementation of marketing for tourism, the department may exercise its powers under paragraphs (9) and (11) of Code Section 50-7-8 and may authorize and delegate to agencies all or parts of such powers for their own implementation.
  4. Coordination.
    1. Generally. The department will implement the State-wide Tourism Marketing Program and will also coordinate its implementation by individual agencies.
    2. Delegation and agency retention. The department may delegate marketing implementation activities to agencies in promotion of tourism and may allow agencies to retain marketing and implementation activities in the course of its coordination. The department will coordinate agencies such that they retain a measure of independence and freedom of action in marketing their own specific activities and functions, consistently with the State-wide Tourism Marketing Program.
    3. Cooperation. In addition to the specific administrative instructions of this Code section, the department, the Georgia Technology Authority, the Department of Administrative Services, and agencies and other departments and state authorities will assist and cooperate with one another for the purposes of this Code section.
    4. Budget. The department may establish an annual budget covering all the costs of establishing and implementing the State-wide Tourism Marketing Program and determine an equitable basis for prorating all or part of the annual costs among the agencies, subject to approval by the Governor. Upon approval, the Governor may direct that the necessary pro rata share of the agencies assessed be made available for expenditure by the department in the same manner as appropriated funds.
    5. Exclusion from APA. Coordination of marketing and implementation of marketing for promotion of tourism will not be subject to the "Georgia Administrative Procedure Act," Article 1 of Chapter 13 of Title 50.
    6. Agency publications. Without limitation, the department may determine when the publication of official reports and similar documents, and the production of similar material in other media (such as film, video, sound, and other electronic forms) are deemed conducive to promoting tourism. Agencies will then publish or produce such material and information using themes, a "look," and other marketing elements promulgated by the department for the State-wide Tourism Marketing Program.
  5. Georgia Tourism Foundation.
    1. Establishment. There is hereby established the Georgia Tourism Foundation, existing as a public corporation and instrumentality of the state, exclusively limited to the following charitable and public purposes and powers:
      1. To solicit and accept contributions of money and in-kind contributions of services and property for the State-wide Tourism Marketing Program;
      2. To make and disburse contributions to the department for such purposes;
      3. To seek recognition of tax exempt status by the United States Internal Revenue Service and to seek confirmation concerning the deductibility of contributions;
      4. To formulate recommendations for the State-wide Tourism Marketing Program;
      5. Subject to approval of the Governor, to create subsidiaries with like character and powers but with limited missions keyed to particular component programs and activities of the department's State-wide Tourism Marketing Program; and
      6. To provide for additional officers and governance through bylaws which are consistent with the goals of lessening the government burden in promoting tourism, establishing and maintaining tax exempt status, and soliciting deductible contributions.
    2. Members. The governance of the Georgia Tourism Foundation shall be in members, consisting of not less than nine nor more than 20 members, appointed by the Governor. Members shall always include at least three members of the Board of Economic Development, together with such other members as appointed by the Governor. Service by a member of the Board of Economic Development as a member of the Georgia Tourism Foundation shall not constitute a conflict of interest. A member of the Georgia Tourism Foundation who is a member of the Board of Economic Development shall serve as the chairperson of the Georgia Tourism Foundation and shall be elected by the members of the Georgia Tourism Foundation. In no event shall members of the Board of Economic Development comprise more than one-third of the members of the Georgia Tourism Foundation. The Georgia Tourism Foundation shall be authorized to fix the precise number of members, within the minimum and maximum numbers, by resolution adopted from time to time at a meeting of the Georgia Tourism Foundation by a majority of all the members of the Georgia Tourism Foundation. No member shall be individually liable for the acts or omissions to act by the foundation.
    3. Administration. The Georgia Tourism Foundation shall be attached to the department for administrative purposes. The Attorney General shall be the attorney for the foundation. The department may solicit and accept contributions from the foundation and authorize agencies to do so. The department may cooperate and contract with the foundation for their mutual benefit and authorize agencies to do so. Upon any dissolution of the foundation, its assets will devolve in trust to the department or its successor for use only for marketing to promote tourism for Georgia.
    4. Public purpose. The creation of the Georgia Tourism Foundation and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and constitute a public and charitable purpose. Further, the foundation will be performing an essential governmental function in the exercise of the powers conferred upon it by this Code section. Accordingly, the foundation shall not be subject to taxation or assessment in any manner, including without limitation taxation or assessment upon any transaction, income, money, or other property or activity. The exemptions granted in this Code section shall not be extended to any private person or entity.

(Code 1981, §50-7-17, enacted by Ga. L. 2005, p. 306, § 1/SB 125; Ga. L. 2006, p. 72, § 50/SB 465; Ga. L. 2013, p. 685, § 1/SB 177; Ga. L. 2014, p. 866, § 50/SB 340.)

The 2013 amendment, effective July 1, 2013, rewrote paragraph (e)(2); and substituted "shall" for "will" in the first and second sentence of paragraph (e)(3) and in the last sentence of paragraph (e)(4).

The 2014 amendment, effective April 29, 2014, part of an Act to revise, modernize, and correct the Code, substituted "Board of Economic Development" for "Board of Development" in the fourth sentence of paragraph (e)(2).

50-7-18. Disposition of assets of the Georgia Golf Hall of Fame.

The department shall receive all assets, excluding all real property and statues, of the Georgia Golf Hall of Fame Authority and the Georgia Golf Hall of Fame Board. The department shall be responsible for any contracts, leases, agreements, or other obligations of such board and authority. The department is substituted as a party to any contract, agreement, lease, or other obligation and is responsible for performance as if it had been the original party and is entitled to all benefits and rights of enforcement by any other parties to such contracts, agreements, leases, or other obligations. The statues owned or controlled by the Georgia Golf Hall of Fame shall be transferred by the department no later than January 1, 2011, to Augusta, Georgia, for public use by the Augusta-Richmond County Commission.

(Code 1981, §50-7-18, enacted by Ga. L. 2010, p. 753, § 2/SB 449.)

Editor's notes.

- Ga. L. 2010, p. 753, § 4/SB 449, not codified by the General Assembly, provides: "The state, acting by and through its State Properties Commission, shall be authorized to sell by competitive bid all real property owned or controlled by the Georgia Golf Hall of Fame or its authority or board for a consideration of not less than the fair market value as determined by the State Properties Commission and not less than the amount of the outstanding bond indebtedness associated with the Georgia Golf Hall of Fame. Such sale shall be as provided in Code Section 50-16-39. Such authorization shall expire three years after the effective date of this Act." This Act became effective June 2, 2010.

ARTICLE 2 PROMOTION OF MARINE RESEARCH AND INDUSTRIAL ACTIVITIES

50-7-30. Purpose of article; authority of department.

The principal activities of the Department of Economic Development under this article are to promote participation in and arrange for the location of marine research and industrial activities. The department may delegate to its officers, agents, and employees such duties as it may deem proper to carry out the purposes of this article. The department may contract with any department, board, or agency of the state, local, or federal government; the University System of Georgia or any of its component units; other public or private colleges and universities; nonprofit organizations; foundations; corporations; private business firms; and individuals as shall be consonant with the purposes of this article.

(Ga. L. 1967, p. 12, § 1; Ga. L. 1969, p. 754, § 1; Ga. L. 1972, p. 1015, § 705; Ga. L. 1989, p. 1641, § 14; Ga. L. 2004, p. 690, § 37.)

Cross references.

- Powers and duties of Department of Natural Resources relating to development and utilization of coastal and off-shore waters, § 12-5-210 et seq.

Authority of board of regents to establish and operate marine resources extension centers and an institute for oceanographic studies, T. 20, C. 12.

ARTICLE 3 GEO. L. SMITH II GEORGIA WORLD CONGRESS CENTER

50-7-40. Construction, operation, and improvement of project.

The Department of Economic Development is authorized to acquire, construct, operate, maintain, expand, and improve a project as such term is defined in paragraph (3) of Code Section 10-9-3, including each of the facilities described in such paragraph, for the purpose of promoting trade, commerce, industry, and employment opportunities within this state for the public good and general welfare and, without limitation of the foregoing, with the approval of the State Properties Commission, to acquire land for such purposes.

(Code 1981, §50-7-40, enacted by Ga. L. 1988, p. 556, § 5; Ga. L. 1989, p. 1641, § 14; Ga. L. 2004, p. 690, § 38.)

50-7-41. Lease of property to authority.

In addition to its authority and duties provided under Code Section 10-9-5, the department shall have the authority with the approval of the State Properties Commission to lease any improved or unimproved land or other property acquired by it under Code Section 50-7-40 to the Geo. L. Smith II Georgia World Congress Center Authority for a term not to exceed 50 years but upon such other terms and conditions as the department may determine necessary or convenient. Any such lease shall be for and in consideration of $1.00 annually for each calendar year or portion thereof paid in kind to and receipted for by the Office of the State Treasurer and in further consideration of the reasonable compliance by the authority with the requirement that such property be held, constructed, operated, maintained, expanded, or improved for the purposes for which the department was authorized to acquire such property. It is determined that such consideration is good and valuable and sufficient consideration for such lease and in the interest of the public welfare of the State of Georgia and its citizens.

(Code 1981, §50-7-41, enacted by Ga. L. 1988, p. 556, § 5; Ga. L. 1989, p. 1641, § 14; Ga. L. 1993, p. 1402, § 18; Ga. L. 2010, p. 863, § 2/SB 296.)

ARTICLE 4 SAVANNAH-GEORGIA CONVENTION CENTER AUTHORITY

PART 1 G ENERAL PROVISIONS

Editor's notes.

- Ga. L. 2019, p. 285, § 1/HB 525, effective July 1, 2019, designated the existing Code sections ( §§ 50-7-50 and50-7-51) in this article as Part 1 of this article.

50-7-50. Definitions.

For purposes of this Code section, the following definitions shall apply:

  1. "Department" means the Department of Economic Development.
  2. "Local government" means, individually or in combination, the City of Savannah, Chatham County, or any development authority of either or both.
  3. "Project" means a comprehensive convention and trade center, suitable for multipurpose use for housing trade shows; conventions; cultural, political, musical, educational, entertainment, athletic, or other events; for displaying exhibits of Georgia's counties, municipalities, industries, and attractions; and for promoting the maritime, transportation, coastal, agricultural, historical, natural, and recreational resources of the State of Georgia, including all facilities necessary or convenient to such purpose, regardless of whether such facilities are contiguous, including, by way of illustration and not limitation, the following facilities:exhibit halls; auditoriums; theaters; restaurants and other facilities for the purveying of foods, beverages, publications, souvenirs, novelties, and goods and services of all kinds, whether operated or purveyed directly or indirectly through concessionaires, licensees or lessees, or otherwise; parking facilities and parking areas in connection therewith; meeting room facilities, including meeting rooms providing for simultaneous translation capabilities for several languages; related lands, buildings, structures, fixtures, equipment, and personalty appurtenant or convenient to the foregoing; and extension, addition, and improvement of such facilities.

(Code 1981, §50-7-50, enacted by Ga. L. 1994, p. 166, § 1; Ga. L. 2004, p. 690, § 39.)

50-7-51. Authority and duties of department and local government; purposes of local government; lease of property.

    1. The department is authorized to acquire, construct, operate, maintain, expand, and improve a project for the purpose of promoting trade, commerce, industry, and employment opportunities within this state for the public good and general welfare and, without limitation of the foregoing, with the approval of the State Properties Commission, to acquire land for such purposes.
    2. The department may pay the costs of such project from any lawful fund source available for the purpose, including without limitation, where applicable, funds received by appropriation, proceeds of general obligation debt, funds of local government, grants of the United States or any agency or instrumentality thereof, gifts, and otherwise.
    3. The project shall be located in Chatham County, Georgia, and shall be known as the "Georgia International and Maritime Trade Center," except that any facility included within the project may be otherwise designated.
  1. A local government and the department are both authorized to contract with one another whereby local government may exercise on behalf of the department such future responsibility in connection with the construction, operation, management, and maintenance of the project as is now or may be vested in the department; and the department is authorized by such contract to delegate to the local government corresponding responsibilities and powers with respect to the project and to transfer to the local government any and all contracts, plans, documents, or other papers of said department relating to the project, as compensation to the local government under such contract.To the extent provided by such contract with the department, local government on behalf of the department shall acquire, plan, construct, erect, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage the project.
  2. Without limiting the generality of any provision of this article, the general purpose of the local government is declared to be that of acquiring, constructing, equipping, maintaining, and operating the project, in whole or in part, directly or under contract with the department and engaging in such other activities as it deems appropriate to promote trade shows, conventions, and political, musical, educational, entertainment, recreational, athletic, or other events and related tourism within the state so as to promote the use of the project and the use of the industrial, maritime, agricultural, educational, historical, cultural, recreational, commercial, and natural resources of the State of Georgia by those using the project or visiting the state.
  3. The department shall have the authority with the approval of the State Properties Commission to lease any improved or unimproved land or other property acquired by it under this Code section to local government for a term not to exceed 50 years but upon such other terms and conditions as the department may determine necessary or convenient.Any such lease may be for and in consideration of $1.00 annually for each calendar year or portion thereof paid in kind to and receipted for by the Office of the State Treasurer and in further consideration that such property be held, constructed, operated, maintained, expanded, or improved for the purposes for which the department was authorized to acquire such property.It is determined that such consideration is good and valuable and sufficient consideration for such lease and in the interest of the public welfare of the State of Georgia and its citizens.

(Code 1981, §50-7-51, enacted by Ga. L. 1994, p. 166, § 1; Ga. L. 1998, p. 128, § 50; Ga. L. 2010, p. 863, § 2/SB 296.)

PART 2 P ROMOTION

Effective date.

- Ga. L. 2019, p. 285, § 4/HB 525, not codified by the General Assembly, provides: "This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval for the sole purpose of appointing the initial members of the authority. The Act shall become effective for all other purposes on July 1, 2019." This Act was signed by the Governor on April 28, 2019.

Editor's notes.

- Ga. L. 2019, p. 285, § 3/HB 525, not codified by the General Assembly, provides that: "An Act to create the Georgia International and Maritime Trade Center Authority, approved April 21, 1995 (Ga. L. 1995, p. 4499), and all Acts amendatory thereto are repealed."

50-7-55. Creation of Savannah-Georgia Convention Center Authority; membership; powers.

  1. It is declared that the Georgia International and Maritime Trade Center shall be renamed the Savannah Convention Center to better reflect the purpose of the facility. It is further declared that there exists in this state a need for a state public authority to operate the Savannah Convention Center for the purpose of developing and promoting for the public good the State of Georgia as a site for conventions, trade shows, and other tourism and to facilitate economic growth, and without limiting the powers granted to the authority by this part, the creation of the authority shall be and is declared to be for public and governmental purposes, that is, for the promotion of meetings, conventions, and tourism and other matters of economic development, growth, and commerce, and in an effort to better the general condition of the people of this state.
  2. As used in this part, the term:
    1. "Authority" means the Savannah-Georgia Convention Center Authority created by this part.
    2. "Project" or "undertaking" shall be deemed to mean and include buildings and facilities to be used for trade shows, conferences, amusements, or educational purposes and for fairs, expositions, exhibitions, or marketing in connection therewith, together with all other undertakings which may be acquired, constructed, equipped, maintained, or operated by public authorities.
  3. There is created a body corporate and politic to be known as the Savannah-Georgia Convention Center Authority, which shall be deemed to be a public corporation and instrumentality of the state by that name, style, and title, and such body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The authority shall have its principal office in Chatham County, and its legal situs or residence for the purposes of this part shall be Chatham County. It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and constitute a public purpose and that the authority will be performing an essential governmental function in the exercise of the powers conferred upon it by this part. This state covenants with the holders of any bonds issued by the authority that the authority shall be required to pay no taxes or assessments upon any of the property acquired or leased by it, or under its jurisdiction, control, possession, or supervision, or upon its activities in the operation or maintenance of the buildings erected or acquired by it, or upon any fees, rentals, or other charges received by the authority for the use of such buildings, or upon other income received by the authority and that the authority shall be exempt from all sales and use taxes. Further, this state covenants that bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from all taxation within the state.
    1. The authority shall consist of the following membership:
      1. Six members shall be appointed by the Governor, each of whom shall have a vote;
      2. Three members shall be appointed by the Chatham County delegation of the General Assembly, each of whom shall have a vote;
      3. The president of the Savannah Economic Development Authority, who shall serve ex officio and shall have a vote; and
      4. The president of the Savannah Area Convention and Visitors' Bureau, who shall serve ex officio and shall have a vote.
    2. Except for the ex officio members, the terms of all members shall be for three years. The initial members of the authority shall be appointed not later than June 1, 2019, and shall take office on July 1, 2019. The terms of office of the members of the Georgia International and Maritime Trade Center Authority created by Georgia Laws 1995, p. 4499, as amended, shall end on July 1, 2019. The initial members appointed by the Governor and the Chatham County legislative delegation shall each be assigned a term of office such that three members shall serve an initial term of one year, three members shall serve an initial term of two years, and three members shall serve an initial term of three years. Such members shall serve until each such member's respective successor is appointed and qualified.
  4. Vacancies on the authority by reason of expiration of term or otherwise shall be filled by the body or individual that appointed the member vacating the position.
  5. The authority shall have perpetual existence.
  6. The authority shall elect one of its members as chairperson and another as vice chairperson and shall also elect a secretary-treasurer, which offices shall act as an executive committee for the authority.
  7. Five members of the authority shall constitute a quorum, and no vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority at every meeting, and in every instance a majority vote of those present shall authorize any legal act of the authority, including all things necessary to authorize and issue revenue bonds.
  8. A member other than an ex officio member shall be removed from office for failure to perform the appropriate duties of membership. Without limitation, this may include a member's failure to attend more than three regularly scheduled meetings of the authority during any calendar year.
  9. The members shall not be entitled to compensation for their services but shall be entitled to and shall be reimbursed for their actual expenses properly incurred in the performance of their duties. The authority may make bylaws, rules, and regulations for its governance. The members of the authority shall be accountable in all respects as trustees. The authority shall keep suitable books and records of all its obligations, contracts, transactions, and undertakings and of all income and receipts of every nature and all expenditures of every kind and shall provide for an annual independent audit of income and expenditures.
  10. The authority shall be subject to the provisions of Chapter 14 of this title, relating to open and public meetings.
  11. The authority shall prepare and submit to the Governor, the Board of Commissioners of Chatham County, the mayor and aldermen of the City of Savannah, and the Chatham County delegation of the General Assembly an annual report at the end of each fiscal year or calendar year of the authority outlining the work of the authority and furnishing the results of its most recent annual independent audit of income and expenditures.
  12. The authority is authorized:
    1. To have a seal and alter the seal at its pleasure;
    2. To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes;
    3. To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, interests in real property or rights of easements therein or franchises necessary or convenient for its corporate purposes, to use the same so long as its corporate existence shall continue, to lease or make contracts with respect to the use of the same or to dispose of the same in any manner it deems to the best advantage of the authority; and, if the authority shall deem it expedient to construct any property on any lands, the title to which shall then be in the State of Georgia, the Governor is authorized to convey for and on behalf of the state an interest in such lands to the authority upon payment to the State of Georgia for the credit of the general fund of the state of the reasonable value of such lands or upon the receipt of such lawful consideration as may be determined by the parties to such conveyance; provided, however, that the authority is specifically empowered to implement projects on lands of the state upon such terms and conditions as agreed upon by the authority and the state. If the authority shall deem it expedient to acquire and construct any project on any lands, the title to which shall then be in the Board of Commissioners of Chatham County, the mayor and aldermen of the City of Savannah, or any other municipality incorporated in such county, or the governing authority or body of such county or any of the municipalities is authorized to convey title to such lands to the authority, or to the state, upon the receipt of such lawful consideration as may be determined by the parties to such conveyance or upon payment for the credit of the general funds of such county or municipality of the reasonable value of such lands, such value to be determined by the mutual consent of such county or municipality and the authority or by an appraiser to be agreed upon by the governing authority or body of such county or municipality and the chairperson of the authority;
    4. To select, appoint, and employ professional, administrative, clerical, or other personnel and to contract for professional or other services and to allow suitable compensation for such personnel and services;
    5. To make contracts and leases and to execute all instruments necessary or convenient, including contracts for the acquisition and constructions of projects and leases of projects or contracts with respect to the use and management of projects which it causes to be erected or acquired, including contracts for acquiring, constructing, renting, managing, and leasing of its projects for use of the State of Georgia or any of its departments, agencies, or authorities, the Board of Commissioners of Chatham County, or the mayor and aldermen of the City of Savannah, and to dispose by conveyance of its title in fee simple of real and personal property of every kind and character, and any and all persons, firms, and corporations and the state and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable; and, without limiting the generality of the above, authority is specifically granted to municipal corporations and counties and to the authority to enter into contracts and lease and sublease agreements with the State of Georgia or any agencies or departments thereof and relative to any property which such department or other agency or department of the State of Georgia has now or may hereafter obtain by lease from the United States government or any agency or department thereof and the authority is specifically authorized to convey title in fee simple to any and all of its lands and any improvements thereon to any persons, firms, corporations, political subdivisions, the State of Georgia, or the United States government, or any agency or department thereof;
    6. To acquire, construct, erect, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, the cost of any such project to be paid in whole or in part from the funds of the authority or Chatham County or the City of Savannah and any grant from the State of Georgia, its departments, agencies, or authorities, or the United States or any agency or instrumentality thereof;
    7. To accept grants of money or materials or property of any kind from the United States or any agency or instrumentality thereof upon such terms and conditions as the United States or such agency or instrumentality may impose;
    8. To accept grants of money or materials or property of any kind from the State of Georgia or any department, agency, authority, or instrumentality or political subdivision thereof, upon such terms and conditions as the State of Georgia or such department, agency, authority, or instrumentality or political subdivision thereof may impose;
    9. To receive, accept, and utilize gifts, grants, donations, or contributions of money, property, facilities, or services, with or without consideration, from any person, firm, corporation, foundation, government, or other entity;
    10. To exercise any power which is usually possessed by private corporations performing similar functions and which is not in conflict with the Constitution and laws of this state;
    11. From time to time to sell, lease, grant, exchange, or otherwise dispose of any surplus property, both real and personal, or interest therein not required in the normal operation of the authority and not usable in the furtherance of the purposes for which the authority was created;
    12. To advise the State of Georgia, its departments, agencies, or authorities, Chatham County, and the mayor and aldermen of the City of Savannah on land acquisition, facilities development, and other matters relating to the provision of convention and trade opportunities for the coastal region of the state;
    13. To procure insurance against any loss in connection with property and other assets of the authority;
    14. To exercise the power provided by Code Section 45-9-1 to procure policies of liability insurance or contracts of indemnity or to formulate sound programs of self-insurance to insure or indemnify members of the authority and its officers and employees against personal liability for damages arising out of the performance of their duties or in any way connected therewith to the extent that such members, officers, or employees are not immune from such liability;
    15. To make contracts and to execute all instruments necessary or convenient in connection therewith;
    16. To adopt, alter, or repeal its own bylaws, rules, and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed as the authority may deem necessary or expedient in facilitating its business;
    17. To accept loans of any kind from the government of the United States or any agency or instrumentality thereof upon such terms and conditions as the federal government or such agency or instrumentality may require;
    18. To accept loans of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may require;
    19. To borrow money for any of its corporate purposes and to issue revenue bonds payable solely from funds pledged for that purpose and to provide for the payment of the same and for the rights of the holders thereof; provided, however, that the maximum amount of bonded indebtedness that may be outstanding at any given time shall be limited to $50 million;
    20. To exercise any power usually possessed by private corporations performing similar functions, including the power to obtain long-term or short-term loans, to give deeds to secure debt on real property, security agreements on personal property, or any other security agreements, and approve, execute, and deliver appropriate evidence of such indebtedness, provided no such power is in conflict with the Constitution or general laws of this state;
    21. To the extent that a contract between the authority and a public or private agency provides therefor, to act as an agent for such public or private agency in any matter coming within the purposes or powers of the authority; and
    22. To do all things necessary or convenient to carry out the powers expressly given in this part.
  13. The exercise of the powers conferred upon the authority in this part shall constitute an essential governmental function for a public purpose and the authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation and maintenance of property acquired by it or of buildings erected or acquired by it or any fees, rentals, or other charges for the use of such property or buildings or other income received by the authority. The authority shall be exempt from sales and use taxes on property purchased by or for the use of the authority.
  14. The property of the authority shall not be subject to levy and sale under legal process.
  15. Any action to protect or enforce any rights under the provisions of this part or any suit or action against the authority shall be brought in the Superior Court of Chatham County.
  16. All funds received by the authority pursuant to this part, whether as revenue, rents, fees, charges, or other earnings or as grants, gifts, or other contributions, shall be deemed to be trust funds to be held and applied by the authority solely as provided in this part.
  17. This part and any other law enacted with reference to the authority shall be liberally construed for the accomplishment of its purposes.
  18. Should the authority for any reason be dissolved, title to all property of any kind and nature, real and personal, held by the authority at the time of such dissolution shall be conveyed to the State of Georgia; or title to any such property may be conveyed prior to such dissolution in accordance with provisions which may be made therefor in any resolution or trust instrument relating to such property, subject to any liens, leases, or other encumbrances outstanding against or in respect to said property at the time of such conveyance.
  19. The authority shall be assigned for administrative purposes to the Department of Economic Development as provided for in Code Section 50-4-3.
  20. The Attorney General shall provide legal services for the authority in the same manner as provided for in Code Sections 45-15-13 through 45-15-16.
  21. On July 1, 2019, all powers, duties, assets, real and personal property, liabilities, and indebtedness of the Georgia International and Maritime Trade Center Authority created by Georgia Laws 1995, p. 4499, as amended, are transferred to the authority. The authority shall be the successor to the Georgia International and Maritime Trade Center Authority in all contracts entered into by the Georgia International and Maritime Trade Center Authority which are in existence on July 1, 2019, and to all accounts of and debts owed to the Georgia International and Maritime Trade Center Authority that are outstanding on July 1, 2019.

(Code 1981, §50-7-55, enacted by Ga. L. 2019, p. 285, § 1/HB 525.)

ARTICLE 5 CIVIL WAR COMMISSION

Editor's notes.

- By resolution (Ga. L. 1993, p. 1952), the General Assembly in 1993 created a Civil War Commission.

50-7-60. Civil War Commission created.

There is created the Civil War Commission, hereafter referred to as the commission, to coordinate planning, preservation, and promotion of the structures, buildings, sites, and battlefields associated with this significant period of our common heritage.

(Code 1981, §50-7-60, enacted by Ga. L. 2006, p. 95, § 3/SB 445.)

50-7-61. Duties and powers of Civil War Commission.

  1. The commission is directed to:
    1. Develop a State of Georgia Civil War Sites Heritage Plan. The plan will promote heritage tourism and provide incentives to local landowners and local governments to preserve Civil War battlefields and historic sites. Through cooperative agreements between local governments, landowners, and the commission, such entities will work together to preserve and restore historic sites;
    2. Preserve, conserve, and interpret the legacy of the Civil War in the State of Georgia;
    3. Recognize and interpret important events and geographic locations in the conduct of the Civil War in the State of Georgia, including battle sites associated with Adairsville, Dallas, Lovejoy Station, Marietta, New Hope Church, Resaca, Allatoona, Rocky Face Ridge, Ringgold Gap, Davis Cross Roads, Buckhead Creek, and Griswoldville, as well as other historic properties associated with the events and consequences of the Civil War;
    4. Recognize and interpret the effect of war on the state's ethnically and culturally diverse civilian population during the war and the postwar reconstruction period;
    5. Establish within the state's Historic Resource Inventory as maintained by the Department of Natural Resources a geographic data base and information system that can be used to locate, track, and cross-reference significant historical and cultural properties, structures, and markers associated with the Civil War;
    6. Acquire or provide funds for the acquisition of Civil War battlegrounds, cemeteries, and other historic properties associated with the Civil War;
    7. Expend funds received from state appropriations and other sources to make grants to municipalities, counties, and nonprofit Civil War organizations for the purposes of maintaining and restoring existing Civil War memorials and cemeteries;
    8. Participate in and encourage efforts to establish a state museum to include displays illuminating Georgia's role in the Civil War and the effects of that war on Georgia and its people; and
    9. Encourage the establishment of reference sections relating to the Civil War in high schools and encourage heritage education programs.
  2. In carrying out its purposes, the commission is authorized:
    1. To accept loans or grants, or both, of money, materials, or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may impose;
    2. To receive and accept loans, gifts, grants, donations, or contributions of property, facilities, or services, with or without consideration, from any person, firm, or corporation or from the State of Georgia or any agency or instrumentality thereof or from any county, municipal corporation, or local government or governing body; and
    3. To hold, use, administer, and expend such sum or sums as may hereafter be received as income, as gifts, or as appropriations by authority of the General Assembly for any of the purposes of this commission.

(Code 1981, §50-7-61, enacted by Ga. L. 2006, p. 95, § 3/SB 445.)

50-7-62. Commission assigned to Department of Economic Development for administrative purposes only.

The commission is assigned to the Department of Economic Development for administrative purposes only.The commissioner of economic development shall appoint personnel within the Department of Economic Development to facilitate the functions of the commission.

(Code 1981, §50-7-62, enacted by Ga. L. 2006, p. 95, § 3/SB 445.)

50-7-63. Acquisition of lands within boundaries of Civil War battlefields for public access; maintenance, protection, and interpretation of sites.

  1. Within the boundaries of Civil War battlefields as provided in the State of Georgia Civil War Sites Heritage Plan, the commission may, with the consent of the owner, acquire by donation, purchase, or exchange lands and interest in Civil War battlefields and memorials together with lands and interest in lands necessary to provide adequate public access to the battlefields and memorials.
  2. The commission may make funds available, subject to appropriations for such purpose, for the maintenance, protection, and interpretation of the battlefields and memorials which may be subject to agreements as provided in Code Section 50-7-61.

(Code 1981, §50-7-63, enacted by Ga. L. 2006, p. 95, § 3/SB 445.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2006, "Code Section 50-7-61" was substituted for "Section 2 of this resolution" at the end of subsection (b).

50-7-64. Appointment of commission.

    1. The commission shall consist of 15 members to be appointed as follows:
      1. The Governor shall appoint five members;
      2. The President of the Senate shall appoint five members; and
      3. The Speaker of the House of Representatives shall appoint five members.
    2. Members shall serve for four-year terms and shall be eligible for reappointment; provided, however, that with respect to the initial appointments, each appointing authority provided for in paragraph (1) of this subsection shall appoint two members for two-year terms, two members for three-year terms, and one member for a four-year term. The members shall be representative of all of the geographic areas of the state and shall be selected from the state at large with special consideration given to the appointment of persons associated with those groups or organizations with a demonstrated interest in Civil War history and the preservation of associated sites.
  1. All successors shall be appointed in the same manner as original appointments. Vacancies in office shall be filled in the same manner as original appointments. An appointment to fill a vacancy shall be for the unexpired term. The commission shall elect a chairperson and such other officers as it deems necessary. No vacancy on the commission shall impair the right of the quorum to exercise all rights and perform all duties of the commission.
  2. The members of the commission shall receive a daily expense allowance and reimbursement for transportation costs as provided for in Code Section 45-7-21; and the members of the commission shall not receive any other compensation for their services as such.
  3. The commission shall file an annual report with the Governor and the General Assembly containing a summary of the accomplishments of the commission during the preceding year and the plans of the commission for the following year.
  4. No state funds shall be expended for the purposes of the commission unless specifically appropriated by the General Assembly.

(Code 1981, §50-7-64, enacted by Ga. L. 2006, p. 95, § 3/SB 445.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2006, "of the O.C.G.A." was deleted following "Code Section 45-7-21" in subsection (c).

ARTICLE 6 AGRICULTURAL TOURIST ATTRACTIONS

50-7-70. Legislative findings; definitions; criteria and application process; fee; directional road signs; rules and regulations.

  1. The General Assembly finds that:
    1. Agricultural tourist attractions provide unique opportunities for tourists to enjoy Georgia's resources; and
    2. Agricultural tourist attractions provide an impact on Georgia's economy and a substantial benefit to Georgia.
  2. As used in this Code section, the term:
    1. "Agricultural tourist attraction" means any agricultural based business providing onsite attractions to tourists that meet the criteria set out by the Department of Agriculture.
    2. "Department" means the Department of Agriculture.
    3. "Directional signs" shall have the meaning provided in paragraph (4) of Code Section 32-6-71.
  3. The Department of Agriculture shall:
    1. Develop criteria and an application process to determine what constitutes an agricultural tourist attraction; and
    2. Maintain a registry of approved agricultural tourist attractions.
  4. Entities wishing to be recognized by the department as an agricultural tourist attraction shall submit an application to the department with a one-time application fee of not less than $300.00.
  5. Upon approval by the department as an agricultural tourist attraction and at the request of the applicant, the department shall, in conjunction with the Department of Transportation, take the appropriate steps to place directional signs along roads in the direct proximity of the agricultural tourist attraction to direct passing traffic to the agricultural tourist attraction.
  6. The department and the Department of Transportation shall create rules and regulations for the purpose of implementing this Code section.

(Code 1981, §50-7-70, enacted by Ga. L. 2008, p. 314, § 1/HB 1088; Ga. L. 2009, p. 8, § 50/SB 46; Ga. L. 2010, p. 9, § 1-92/HB 1055.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2008, Code Section 50-7-70, as enacted by Ga. L. 2008, p. 342, § 1, was redesignated as Code Section 50-7-80.

ARTICLE 7 GOODS AND PRODUCTS MANUFACTURED IN GEORGIA

50-7-80. Legislative findings; creation of "Made in Georgia" program.

  1. The General Assembly finds that:
    1. The State of Georgia substantially benefits from the consumption of goods and products manufactured in Georgia; and
    2. The State of Georgia could further substantially benefit from creating public awareness of the importance of choosing Georgia's goods and products whenever possible.
  2. The Department of Economic Development shall create and implement a "Made in Georgia" program promoting goods and products manufactured in Georgia. This program shall:
    1. Showcase and promote goods and products manufactured in Georgia;
    2. Inform Georgians of the diverse manufacturing sector within this state; and
    3. Provide educational outreach efforts to bring the science of manufacturing into the classroom and emphasize the significant contributions Georgia companies make to the economy and quality of life in Georgia.
  3. The Department of Economic Development shall create and maintain a website informing the public of Georgia manufacturers and their goods and products. All state governmental entities that maintain websites shall cooperate with the Department of Economic Development to include a link to the website created pursuant to this subsection, provided that the Department of Economic Development determines that such link is appropriate and is in the best interest of the state.
  4. Companies shall be required to manufacture a minimum of 50 percent of its product or good within the boundaries of the state of Georgia to qualify for inclusion to the provisions of this Code section.
  5. The Department of Economic Development may adopt any rules and regulations that it finds necessary to properly implement this Code section.

(Code 1981, §50-7-80, enacted by Ga. L. 2008, p. 342, § 1/SB 359; Ga. L. 2009, p. 763, § 1/SB 117.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2008, Code Section 50-7-70, as enacted by Ga. L. 2008, p. 342, § 1, was redesignated as Code Section 50-7-80.

ARTICLE 8 STATE WORKFORCE DEVELOPMENT BOARD

50-7-90 through 50-7-91.

Reserved. Repealed by Ga. L. 2018, p. 109, § 1/SB 377, effective July 1, 2018.

Editor's notes.

- This article consisted of Code Sections 50-7-90 through 50-7-91, relating to the State Workforce Development Board, and was based on Ga. L. 2015, p. 1084, § 2/HB 348; Ga. L. 2016, p. 864, § 50/HB 737.

ARTICLE 9 GEORGIA FILM AND TELEVISION TRAIL

Effective date.

- This article became effective July 1, 2016.

Law reviews.

- For article, "Back to the Drawing Board! Legislating Hollywood: A Regulation that Resolves the Film Industry's Conflict Between the First and Fourteenth Amendments," see 35 Ga. St. U. L. Rev. 605 (2019).

50-7-110. Short title.

This article shall be known and may be cited as the "Georgia Film and Television Trail Act."

(Code 1981, §50-7-110, enacted by Ga. L. 2016, p. 282, § 2/SB 417.)

50-7-111. Purpose.

In order to acknowledge the increasing production of films and television in this state, in order to promote the enjoyment and appreciation of the film and television industry in Georgia, and in order to provide public interest and enjoyment in visiting and viewing the location sites of films and television productions made in Georgia, a trail shall be developed to provide an opportunity for the public to be aware of these locations and visit film and television location sites throughout this state. Therefore, the purpose of this article is to provide for a Georgia Film and Television Trail.

(Code 1981, §50-7-111, enacted by Ga. L. 2016, p. 282, § 2/SB 417.)

50-7-112. "Trail" defined.

As used in this article, the term "trail" means the Georgia Film and Television Trail provided for in this article.

(Code 1981, §50-7-112, enacted by Ga. L. 2016, p. 282, § 2/SB 417.)

50-7-113. Duties and responsibilities of Department of Economic Development.

The Department of Economic Development shall have the responsibility of creating and developing a Georgia Film and Television Trail. In carrying out such responsibilities, it shall be the duty of the department to identify and plan the trail, to acquire or otherwise gain control over or rights to the use of the necessary land for the signs to identify the locations of certain film and television productions that the department determines are of interest to the general public and to work with the Department of Transportation to design appropriate signs. For the purpose of carrying out its primary duties as provided in this article, the department shall be authorized to exercise any powers heretofore provided by law for the department, except for the powers of eminent domain.

(Code 1981, §50-7-113, enacted by Ga. L. 2016, p. 282, § 2/SB 417.)

50-7-114. Policies.

The department shall be guided by the following policies in creating and administering the Georgia Film and Television Trail:

  1. A balanced system of locations throughout the state should be sought;
  2. Assistance and encouragement should be provided for local governments in the development of the trail;
  3. The advice, cooperation, and assistance of other state agencies, local governments and agencies thereof, and private associations and organizations should be sought in developing and maintaining the signs;
  4. The trail should be planned, constructed, and maintained on a long-term basis, and in connection therewith long-term control of the signs and marking of the trail; and
  5. A program for the publicity and education of the public on the existence of the trail should be established.

(Code 1981, §50-7-114, enacted by Ga. L. 2016, p. 282, § 2/SB 417.)

50-7-115. Placing of signage.

  1. The Department of Transportation is authorized and directed to place signs in this state at film and television production sites determined by the Department of Economic Development and approved by the Department of Transportation pursuant to this article.
  2. Nothing contained in this Code section shall be deemed or construed to prevent local governing authorities or private associations and organizations from placing signs or otherwise indicating the location of the film or television production sites in this state, provided that the power of eminent domain shall not be exercised for the acquisition or construction of such signs for film or television production location sites.
  3. Notwithstanding the provisions of any other statute concerning the improvement of land held in fee simple by the State of Georgia, the Department of Transportation shall be authorized to expend state funds, subject to appropriations, for construction, placement, and maintenance of the signs indicating the film or television production locations designated by the department.

(Code 1981, §50-7-115, enacted by Ga. L. 2016, p. 282, § 2/SB 417; Ga. L. 2019, p. 919, § 16-1/HB 553.)

The 2019 amendment, effective July 1, 2019, deleted "and may through purchase, easement, lease, or donation" following "department" at the end of subsection (c).

50-7-116. Liability for injury to person or property caused by act or failure to act of other persons using premises.

  1. Any person who goes upon or through the premises, including, but not limited to, lands, waters, and private ways, of another with or without permission to sightsee, or for any other purpose, without the payment of monetary consideration, or with the payment of monetary consideration directly or indirectly on his or her behalf by an agency of the state or federal government, is not thereby entitled to any assurance that the premises are safe for such purpose. The owner of such premises does not assume responsibility for or incur liability for any injury to person or property caused by an act or failure to act of other persons using such premises.
  2. Nothing in this Code section shall be construed as affecting the existing case law of Georgia regarding liability of owners or possessors of premises with respect to business invitees in commercial establishments or to invited guests, nor shall this Code section be construed so as to affect the attractive nuisance doctrine. In addition, nothing in this Code section shall excuse the owner or occupant of premises from liability for injury to persons or property caused by the malicious or illegal acts of the owner or occupant.

(Code 1981, §50-7-116, enacted by Ga. L. 2016, p. 282, § 2/SB 417.)

50-7-117. Rules and regulations.

The Department of Economic Development is authorized to adopt and promulgate such rules and regulations as may be necessary to carry out this article.

(Code 1981, §50-7-117, enacted by Ga. L. 2016, p. 282, § 2/SB 417.)

ARTICLE 10 DEFENSE COMMUNITY ECONOMIC DEVELOPMENT FUND

50-7-120 through 50-7-125.

Reserved. Repealed by Ga. L. 2018, p. 349, § 2/SB 395, effective July 1, 2018.

Editor's notes.

- This article consisted of Code Sections 50-7-120 through 50-7-125, relating to defense community economic development fund, and was based on Ga. L. 2017, p. 432, § 2/HB 470.

Ga. L. 2018, p. 1112, § 54(e)/SB 365, part of an Act to revise, modernize, and correct the Code, effective May 8, 2018, not codified by the General Assembly, provides: "In the event of an irreconcilable conflict between a provision in Sections 1 through 53 of this Act and a provision of another Act enacted at the 2018 regular session of the General Assembly, the provision of such other Act shall control over the conflicting provision in Sections 1 through 53 of this Act to the extent of the conflict." Accordingly, the amendment to Code Section 50-7-122 by Ga. L. 2018, p. 1112, § 50(2)/SB 365, was not given effect.

CHAPTER 8 DEPARTMENT OF COMMUNITY AFFAIRS

Article 1 General Provisions.
Article 2 Regional Commissions.
Part 1 LEGISLATIVE FINDINGS.
Part 2 COMMISSION ON REGIONAL PLANNING.
Article 3 Conflicts of Interest in Contract Administration.
Article 4 Metropolitan Area Planning and Development Commissions.
Article 5 Rural Economic Development.
Article 6 Office of Rural Development; State
Advisory Committee on Rural Development.
Part 1 OFFICE OF RURAL DEVELOPMENT.
Part 2 RURAL DEVELOPMENT COUNCIL.
Article 7 Grants Promoting E-85 Gasoline.
Article 8 Regional Economic Assistance Projects.
Article 9 Rural Facilities Economic Development.
Article 10 Martin Luther King, Jr., Advisory Council.
Article 11 Downtown Renaissance Fund.
Article 12 Metropolitan Transportation Planning Process for Atlanta Urbanized Area and Atlanta Air Quality Region.
Article 13 Georgia Geospatial Advisory Council.
Cross references.

- Community planning and development functions of Office of Planning and Budget, § 45-12-170 et seq.

Administrative Rules and Regulations.

- Georgia Department of Community Affairs, Official Compilation of the Rules and Regulations of the State of Georgia, T. 110.

Law reviews.

- For article, "State Government: Department of Community Affairs," see 28 Ga. St. U.L. Rev. 305 (2011).

ARTICLE 1 GENERAL PROVISIONS

Editor's notes.

- Ga. L. 1988, p. 38, § 1, effective February 24, 1988, repealed the Code sections formerly codified as this article and enacted the current article. The former article consisted of Code Sections 50-8-1 through 50-8-12 and was based on Ga. L. 1957, p. 446; Ga. L. 1967, p. 252; Ga. L. 1970, p. 321; Ga. L. 1976, p. 648; Ga. L. 1976, p. 658; Ga. L. 1977, p. 381; Ga. L. 1978, p. 1542; Ga. L. 1978, 1592; Ga. L. 1979, p. 1063; Ga. L. 1980, p. 1316; Ga. L. 1981, Ex. Sess., p. 8 (Code Enactment Act) and Ga. L. 1982, p. 3; Ga. L. 1982, p. 2310; Ga. L. 1983, p. 3; Ga. L. 1984, p. 378; Ga. L. 1984, p. 1177; Ga. L. 1985, p. 149; and Ga. L. 1987, p. 345.

Law reviews.

- For article, "Georgia Wetlands: Values, Trends, and Legal Status," see 41 Mercer L. Rev. 791 (1990).

50-8-1. Creation and continuation of department.

The Department of Community Affairs is created as a department of the executive branch of state government. The Department of Community Affairs, as it existed immediately prior to July 1, 1989, shall continue to exist as a department of the executive branch of state government in accordance with this article. From and after July 1, 1989, the Department of Community Affairs shall have the duties, responsibilities, functions, power, and authority set forth in this article and otherwise provided by law.

(Code 1981, §50-8-1, enacted by Ga. L. 1988, p. 38, § 1; Ga. L. 1989, p. 1317, § 2.1.)

Administrative Rules and Regulations.

- Organization, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Georgia Department of Community Affairs, Administration, Chapter 110-1-1.

Minimum planning standards and procedures for local comprehensive planning, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Community Affairs, Office of Coordinated Planning, Chapter 110-3-2.

50-8-2. Definitions.

  1. As used in this article, the term:
    1. "Board" means the Board of Community Affairs.
    2. "Commissioner" means the commissioner of community affairs.
    3. "Comprehensive plan" means any plan by a county or municipality covering such county or municipality or any plan by a regional commission covering the center's region proposed or prepared pursuant to the minimum standards and procedures for preparation of comprehensive plans and for implementation of comprehensive plans, established by the department in accordance with this article.
    4. "Conflict" means any conflict, dispute, or inconsistency arising:
      1. Between or among comprehensive plans for any counties or municipalities, as proposed, prepared, proposed to be implemented, or implemented;
      2. Between or among comprehensive plans for any regions, as proposed, prepared, proposed to be implemented, or implemented;
      3. Between or among comprehensive plans for any counties or municipalities and comprehensive plans for the region which includes such counties or municipalities, as such plans may be proposed, prepared, proposed to be implemented, or implemented;
      4. With respect to or in connection with any action proposed to be taken or taken by any county, municipality, or other local government relating to or affecting regionally important resources, as defined by the department pursuant to this article; or
      5. With respect to or in connection with any action proposed to be taken or taken by any county, municipality, or other local government relating to or affecting developments of regional impact, as defined by the department pursuant to this article.
    5. "Constitution" means the Constitution of the State of Georgia.
    6. "Contract" means any contract, agreement, or other legally binding arrangement.
    7. "Coordinated and comprehensive planning" means planning by counties and municipalities and by regional commissions in accordance with the minimum standards and procedures. Coordinated and comprehensive planning is one of the local government affairs for which the department is authorized to assist in the performance of local government services.
    8. "County" means any county of this state.
    9. "Department" means the Department of Community Affairs.
    10. "Eligible recipient" means any local government, school district, or other government entity which may be eligible to receive funds from the department pursuant to terms for eligibility established by the department or those established by the government or other source which makes the funds available to the department.
    11. "Government" means any governmental unit on the federal, state, or local level and any department, agency, or authority of any such governmental unit and shall include all local governments, school districts, state agencies, and state authorities.
    12. "Local government" means any county, municipality, or other political subdivision of the state; any regional commission; any public agency or public authority, except any state agency or state authority, created under the Constitution or by Act of the General Assembly; and shall include public agencies and public authorities which are created or activated pursuant to the Constitution or Act of the General Assembly or by action of the governing body of any county, municipality, or other political subdivision of the state, separately or in any combination, and shall include any group of counties or municipalities which forms the group to carry out jointly any of their lawful purposes but shall not include school districts.
    13. "Local government affairs" means all matters involving or affecting local governments including, but not limited to, coordinated and comprehensive planning in which the state is or may become empowered or authorized to perform any duties, responsibilities, or functions or to exercise any power or authority.
    14. "Local government services" means the activities performed or authorized to be performed by the department including, but not limited to, its performance of duties, responsibilities, and functions in local government affairs and its exercise of power and authority in local government affairs.
    15. "Minimum standards and procedures" means the minimum standards and procedures, including the minimum elements which shall be addressed and included, for preparation of comprehensive plans, for implementation of comprehensive plans, and for participation in the coordinated and comprehensive planning process, as established by the department in accordance with this article. Minimum standards and procedures shall include any elements, standards, and procedures for such purposes prescribed by a regional commission for counties and municipalities within its region and approved in advance by the department, in accordance with this article.
    16. "Municipality" means any municipal corporation of the state and any consolidated city-county government of the state.
    17. "Necessary" means necessary, desirable, or appropriate, as determined by the commissioner, unless the context clearly indicates a different meaning.
    18. "Qualified local government" means a county or municipality which:
      1. Has a comprehensive plan in conformity with the minimum standards and procedures;
      2. Has made its local plan implementation mechanisms consistent with those established in its comprehensive plan and with the minimum standards and procedures; and
      3. Has not failed to participate in the department's mediation or other means of resolving conflicts in a manner which, in the judgment of the department, reflects a good faith effort to resolve any conflict.
    19. "Region" means the territorial area within the boundaries of operation for any regional commission, as such boundaries shall be established from time to time by the board in accordance with the provisions of subsection (f) of Code Section 50-8-4.
    20. "Regional commission" means a regional commission established under Article 2 of this chapter.
    21. "Rural area" means any nonurban area in the state as defined in rules and regulations of the department.
    22. "School district" means any school district, independent school system, or other local school system in the state.
    23. "State" means the State of Georgia.
    24. "State agency" means any department, agency, commission, or other institution of the executive branch of the government of the State of Georgia.
  2. A reference to the terms of any contract or writing or to the terms under which any funds are made available shall be construed as a reference to all terms, conditions, covenants, representations, warranties, and other provisions.

(Code 1981, §50-8-2, enacted by Ga. L. 1988, p. 38, § 1; Ga. L. 1989, p. 1317, § 2.1; Ga. L. 2008, p. 181, §§ 1, 18, 24/HB 1216.)

JUDICIAL DECISIONS

Cited in Kingsley v. Fla. Rock Indus., Inc., 259 Ga. App. 207, 575 S.E.2d 921 (2002).

50-8-3. Purpose of article; duties of department.

  1. The local governments of the State of Georgia are of vital importance to the state and its citizens. The state has an essential public interest in promoting, developing, sustaining, and assisting local governments. The natural resources, environment, and vital areas of the state are also of vital importance to the state and its citizens. The state has an essential public interest in establishing minimum standards for land use in order to protect and preserve its natural resources, environment, and vital areas. The purpose of this article is to provide for the department to serve these essential public interests of the state by developing, promoting, sustaining, and assisting local governments, by developing, promoting, and establishing standards and procedures for coordinated and comprehensive planning, by assisting local governments to participate in an orderly process for coordinated and comprehensive planning, and by assisting local governments to prepare and implement comprehensive plans which will develop and promote the essential public interests of the state and its citizens. This article shall be liberally construed to achieve its purpose. This article is enacted pursuant to the authority granted the General Assembly in the Constitution of the State of Georgia, including, but not limited to, the authority provided in Article III, Section VI, Paragraphs I and II(a)(1) and Article IX, Section II, Paragraphs III and IV.
  2. The department shall serve as the principal department in the executive branch of state government for local government affairs. The department shall perform the state's role in local government affairs by carrying out the state's duties, responsibilities, and functions in local government affairs and by exercising its power and authority in local government affairs. Without limiting the generality of the purposes served by the department, the department shall:
    1. Develop, promote, sustain, and assist local governments;
    2. Provide a liaison between local governments and other governments, including the state government and the federal government;
    3. Act as the state's principal department for local government affairs and local government services generally and for programs, functions, and studies in local government affairs and local government services and act as the coordinator on the state government level for such programs, studies, and functions provided by the department and for those provided by others;
    4. Act as the state's principal department for developing, promoting, maintaining, and encouraging coordinated and comprehensive planning;
    5. Develop, promote, sustain, and assist local governments in the performance of their duties and responsibilities under law to their citizens, including among such duties and responsibilities of local governments coordinated and comprehensive planning; the provision of infrastructure and other public works and improvements; the development, promotion, and retention of trade, commerce, industry, and employment opportunities; the provision of transportation systems; and the promotion of housing supply;
    6. Serve as the representative of the Governor to local governments and in local government affairs on a regular basis and on special assignments as authorized by the Governor;
    7. Assist the Georgia Housing and Finance Authority for any purpose necessary or incidental in the administration and performance of the Georgia Housing and Finance Authority's duties, powers, responsibilities, and functions as provided in Chapter 26 of this title;
    8. Reserved; and
    9. Assist the OneGeorgia Authority for any purpose necessary or incidental in the administration and performance of the OneGeorgia Authority's duties, powers, responsibilities, and functions as provided in Chapter 34 of this title.

(Code 1981, §50-8-3, enacted by Ga. L. 1988, p. 38, § 1; Ga. L. 1989, p. 1317, § 2.1; Ga. L. 1996, p. 872, § 5; Ga. L. 1998, p. 1386, § 4; Ga. L. 2002, p. 1059, § 1; Ga. L. 2005, p. 306, § 4/SB 125.)

Cross references.

- Duty of Department of Community Affairs to prepare annual report on local government finances, § 36-81-8.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1996, "this title" was substituted for "Title 50" in paragraph (b)(7).

Law reviews.

- For survey article on local government law for the period from June 1, 2002 to May 31, 2003, see 55 Mercer L. Rev. 353 (2003).

JUDICIAL DECISIONS

Cited in Kingsley v. Fla. Rock Indus., Inc., 259 Ga. App. 207, 575 S.E.2d 921 (2002).

50-8-3.1. Power and duty of department.

  1. The department shall have the power and duty to investigate fraud and abuse in the federal Section 8 Housing Choice Voucher Program administered by the department pursuant to 42 U.S.C. Section 1437, et seq.
  2. When cases of criminal fraud or abuse are discovered or detected, the department shall refer such cases where warranted to the district attorney of the county in which the fraud or abuse occurred for prosecution. Such cases shall be prosecuted as violations of Code Section 16-8-3, relating to theft by deception; Code Section 16-10-20, relating to making false statements or writings; Code Section 16-10-71, relating to false swearing; or any other such criminal provision as the district attorney may deem appropriate under the facts and circumstances of the case.
  3. When a case of fraud or abuse is discovered or detected that is not criminal in nature or when a prosecutor declines to prosecute a case referred by the department under this Code section, the department shall have the authority to settle such case on such terms and conditions as the department finds suitable under the facts and circumstances of the case. In addition, the department shall be authorized to initiate and prosecute civil actions to recoup overpayments or improper payments. The department shall also have the authority to settle such civil cases on such terms and conditions as the department finds suitable under the facts and circumstances of the cases.
    1. Prior to the filing of an accusation or the return of an indictment alleging fraud or abuse in the federal Section 8 Housing Choice Voucher Program administered by the department, a prosecuting attorney may defer further prosecution of such accusation or indictment and shall have the authority to enter into a consent agreement with the individual in which such individual admits to any overpayment, consents to disqualification for such period of time as is or may hereafter be provided by law or by the rules and regulations of the department, and agrees to repay, as restitution, such overpayment. Such agreement may provide for a lump sum repayment, installment payments, formula reduction of benefits, or any combination thereof. Such agreement shall toll the running of the statute of limitations for such offense for the period of the agreement. Prior to entering into such consent agreement with an individual, the prosecuting attorney or his or her designee shall advise such person that he or she may consult with an attorney prior to signing such consent agreement. If the individual so requests, he or she shall be afforded a reasonable amount of time, not to exceed 15 days, to engage or consult an attorney. A consent agreement entered into in accordance with this subsection shall not constitute a criminal charge.
    2. Any such agreement shall be filed in the criminal docket of the court having jurisdiction over the violation without the necessity of the state filing an accusation or an indictment being returned by a grand jury. The clerk shall enter upon the docket "CONSENT AGREEMENT NOT A CRIMINAL CHARGE."
    3. Upon successful completion of the terms and conditions of the consent agreement, criminal prosecution of the individual for such offense shall be barred; provided, however, that nothing in this paragraph shall prohibit the state from introducing evidence of such offense as a similar transaction in any subsequent prosecution or for the purpose of impeachment. The successful completion of the terms and conditions of the agreement shall not be considered a criminal conviction.
    4. If the individual fails to comply with the terms of such consent agreement, the state may proceed with a criminal prosecution.

(Code 1981, §50-8-3.1, enacted by Ga. L. 2006, p. 694, § 1/HB 1162.)

50-8-4. Board of Community Affairs.

  1. The Board of Community Affairs, as it existed immediately prior to July 1, 1996, shall be abolished effective July 1, 1996, and the Board of Community Affairs, from and after July 1, 1996, is established in accordance with this Code section. The board shall establish policy and direction for the department and shall perform such other functions as may be provided or authorized by law.
  2. Membership on the board shall be determined as follows:
    1. The terms of all members of the Board of Community Affairs serving immediately prior to July 1, 1996, shall expire effective July 1, 1996. The Governor shall appoint the initial members of the board for terms beginning on July 1, 1996, or the date on which the Governor makes the appointment, whichever is later. The terms of initial members of the board shall expire on a staggered basis, as follows: the terms of four of the members shall expire on July 1, 1997, and the terms of three other members shall expire on each July 1 thereafter through July 1, 2001, when the terms of all initial members of the board shall have expired. The Governor shall specify, when he appoints each initial member of the board, the expiration date of that member's term. Upon expiration of the term of each initial member of the board, the Governor shall appoint all successor members of the board for terms of five years. The terms of initial members and subsequent members of the board shall extend beyond the date of expiration and until their successors are appointed and qualified;
    2. The board shall be composed of one member from each United States congressional district in the state and five additional members from the state at large. Members of the board shall include elected officials of either counties or municipalities, individuals who have an interest or expertise in community or economic development, environmental issues, housing development, or finance, or other citizens who in the judgment and discretion of the Governor would enhance the board by their membership;
    3. The term of a member shall expire when it ends or shall terminate earlier immediately upon:
      1. Resignation by a member;
      2. Death of a member or inability to serve as a member due to medical infirmity or other incapacity; or
      3. Any change in local elective office or residence of a member which would cause the composition of the board not to comply with the requirements of paragraph (2) of this subsection;
    4. The Governor shall appoint a new member within 60 days after the expiration or termination of a member's term. The Governor may reappoint members of the board to consecutive terms unless such reappointment would cause the composition of the board not to comply with the requirements of paragraph (2) of this subsection; and
    5. Membership on the board does not constitute public office to the extent that a member of the board is precluded from holding other public office.
  3. Officers of the board shall be elected and shall serve as follows:
    1. The officers of the board serving immediately prior to July 1, 1996, shall cease to serve the respective terms for which they were elected, effective July 1, 1996;
    2. Thereafter the members of the board shall elect a chairman, a vice chairman, and a secretary from among the members of the board;
    3. The board shall elect officers at each July meeting or, if there is no July meeting, at the next monthly meeting;
    4. Officers shall serve for a term of one year, beginning with their election and qualification and ending with the election and qualification of their respective successors; and
    5. No person shall hold the same office on the board for more than one term consecutively.
  4. The board shall hold meetings as often as it determines to do so. The board may establish a regular meeting schedule and a procedure for calling special meetings. Unless the board establishes another procedure, the chairman or any five members of the board may call special meetings upon adequate written, personal, telephone, or facsimile notice to members of the board. A majority of the members in office shall constitute a quorum for conducting business, and a majority of those present at any meeting shall be required to approve any action taken by the board. A member must be present at a meeting to count for purposes of determining whether a quorum exists and to vote or otherwise act on matters which come before that meeting. No member may vote or otherwise act through a proxy, designee, or delegate. The board may establish such additional rules and procedures as it deems appropriate for conducting its business from time to time. These rules and procedures may be established in bylaws or in such other form as the board deems appropriate.
  5. Each member of the board shall receive the same per diem expense allowance as that received by members of the General Assembly for each day a board member is in attendance at a meeting of the board or a committee meeting of the board, plus reimbursement for actual transportation expenses incurred while traveling by public carrier or the mileage allowance authorized for state officials and employees for the use of a personal automobile in connection with such attendance. This per diem and reimbursement for transportation expenses shall be paid in lieu of any other per diem, allowance, remuneration, or compensation.
    1. The initial territorial boundaries for the operation of the regional commissions shall be as follows:Region 1 shall be made up ofBartow, Catoosa, Chattooga, Dade, Fannin, Floyd, Gilmer, Gordon, Haralson, Murray, Paulding, Pickens, Polk, Walker, and Whitfield; Region 2shall be made up of Banks, Dawson, Forsyth, Franklin, Habersham, Hall, Hart, Lumpkin, Rabun, Stephens, Towns, Union, and White; Region 3 shall be made up of Cherokee, Clayton, Cobb, DeKalb, Douglas, Fayette, Fulton, Gwinnett, Henry, and Rockdale; Region 4 shall be made up of Butts, Carroll, Coweta, Heard, Lamar, Meriwether, Pike, Spalding, Troup, and Upson; Region 5 shall be made up of Barrow, Clarke, Elbert, Greene, Jackson, Jasper, Madison, Morgan, Newton, Oconee, Oglethorpe, and Walton; Region 6 shall be made up of Baldwin, Bibb, Crawford, Houston, Jones, Monroe, Peach, Pulaski, Putnam, Twiggs, and Wilkinson; Region 7 shall be made up of Burke, Columbia, Glascock, Hancock, Jefferson, Jenkins, Lincoln, McDuffie, Richmond, Taliaferro, Warren, Washington, and Wilkes; Region 8 shall be made up of Chattahoochee, Clay, Crisp, Dooly, Harris, Macon, Marion, Muscogee, Quitman, Randolph, Schley, Stewart, Sumter, Talbot, Taylor, and Webster; Region 9shall be made up of Appling, Bleckley, Candler, Dodge, Emanuel, Evans, Jeff Davis, Johnson, Laurens, Montgomery, Tattnall, Telfair, Toombs, Treutlen, Wayne, Wheeler, and Wilcox; Region 10 shall be made up of Baker, Calhoun, Colquitt, Decatur, Dougherty, Early, Grady, Lee, Miller, Mitchell, Seminole, Terrell, Thomas, and Worth; Region 11 shall be made up of Atkinson, Bacon, Ben Hill, Berrien, Brantley, Brooks, Charlton, Clinch, Coffee, Cook, Echols, Irwin, Lanier, Lowndes, Pierce, Tift, Turner, and Ware; and Region 12 shall be made up of Bryan, Bulloch, Camden, Chatham, Effingham, Glynn, Liberty, Long, McIntosh, and Screven.The board for each regional commission shall ratify the boundaries provided for in this paragraph.If a regional commission fails to ratify such boundaries, such commission shall continue to operate under the existing boundaries for such commission prior to June 30, 2009.The provisions of Article 2 of this chapter shall apply to a regional commission failing to ratify the boundaries provided for in this Code section; provided, however, that such commission shall not be eligible to receive funding pursuant to Code Section 50-8-33.
    2. Notwithstanding the territorial boundaries established pursuant to paragraph (1) of this subsection, the board shall determine and establish, from time to time, the territorial boundaries for the region of operation by each regional commission as well as the total number of the regions; provided, however, that any action of the board altering the boundaries of a regional commission or changing the total number of the regions shall not be effective until approved by the General Assembly at the next regular session following such action by the board by means of the adoption of a joint resolution ratifying such action. Each county shall be wholly within the region of one regional commission, and no county shall be divided among more than one region.Without limiting the generality of the foregoing, the board shall establish the boundaries of any region for which a metropolitan area planning and development commission, created pursuant to Article 4 of this chapter, also serves as the regional commission.
  6. In addition to ratification by resolution, the General Assembly may ratify regional commission boundary changes by Act.

(Code 1981, §50-8-4, enacted by Ga. L. 1988, p. 38, § 1; Ga. L. 1989, p. 1317, § 2.1; Ga. L. 1996, p. 872, § 6; Ga. L. 1999, p. 789, § 4; Ga. L. 2008, p. 181, § 2/HB 1216.)

Cross references.

- Per diem expense allowance allowed to members of General Assembly, § 45-7-4(a)(22).

Legal mileage allowance, § 50-19-7.

Editor's notes.

- Ga. L. 2008, p. 181, § 26/HB 1216, provided that the 2008 amendment of this Code section became effective only upon appropriation of funds. Funds were appropriated at the 2009 session of the General Assembly.

OPINIONS OF THE ATTORNEY GENERAL

Participation of county or municipality as member of Atlanta Regional Commission.

- County or municipality may participate as a member of the Atlanta Regional Commission for the limited purposes of federal laws and regulations governing metropolitan planning organizations while remaining a member of a regional development center other than the Atlanta Regional Commission so long as statutory processes and approvals are obtained. 2004 Op. Att'y Gen. No. 2004-1.

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, §§ 63, 65, 88, 105, 108 et seq.

C.J.S.

- 81A C.J.S., States, §§ 169, 170.

50-8-5. Commissioner; powers.

  1. The office of the commissioner of community affairs, as it existed immediately prior to July 1, 1989, shall continue to exist in accordance with this article. The commissioner shall be the department head, whose duties shall include serving as the department's chief executive officer and administrative head. The commissioner serving immediately prior to July 1, 1989, shall continue to serve as commissioner at the pleasure of the board. Thereafter the commissioner shall be appointed by the board and shall serve at the pleasure of the board. The board shall establish the compensation for the commissioner limited by any amount that may be specified in the appropriations Act.
  2. The commissioner shall have and may exercise the following power and authority:
    1. The power and authority to take or cause to be taken any or all action necessary to perform any local government services or otherwise necessary to perform any duties, responsibilities, or functions which the department is authorized by law to perform or to exercise any power or authority which the department is authorized by law to exercise;
    2. The power and authority to make, promulgate, enforce, or otherwise require compliance with any and all rules, regulations, procedures, or directives necessary to perform any local government services, to carry into effect the minimum standards and procedures for coordinated and comprehensive planning, or otherwise necessary to perform any duties, responsibilities, or functions which the department is authorized by law to perform or to exercise any power or authority which the department is authorized by law to exercise;
    3. The power and authority to certify, from time to time, municipalities and counties as qualified local governments, which certification shall not be unreasonably withheld; and
    4. The power and authority to assist the board in the performance of its duties, responsibilities, and functions and the exercise of its power and authority.

(Code 1981, §50-8-5, enacted by Ga. L. 1988, p. 38, § 1; Ga. L. 1989, p. 1317, § 2.1.)

Cross references.

- Duties of commissioner with regard to factory-built housing, § 8-2-110 et seq.

50-8-6. Divisions, sections, and offices of department.

The department shall be divided into such divisions, sections, or offices as may be necessary from time to time. All divisions, sections, or offices in existence immediately prior to July 1, 1989, shall continue to exist in accordance with this article. Thereafter, divisions, sections, and offices shall be abolished, reorganized, or established from time to time by the commissioner and as otherwise specified by law. The commissioner shall appoint such directors, deputies, and assistants as may be necessary to manage such divisions, sections, and offices. Such positions shall be in the unclassified service as defined by Code Section 45-20-2.

(Code 1981, §50-8-6, enacted by Ga. L. 1988, p. 38, § 1; Ga. L. 1989, p. 1317, § 2.1; Ga. L. 2009, p. 745, § 2/SB 97; Ga. L. 2012, p. 446, § 2-101/HB 642.)

The 2012 amendment, effective July 1, 2012, substituted "as defined by Code Section 45-20-2" for "of the State Personnel Administration" in the last sentence of this Code section.

Editor's notes.

- Ga. L. 2012, p. 446, § 3-1/HB 642, not codified by the General Assembly, provides that: "Personnel, equipment, and facilities that were assigned to the State Personnel Administration as of June 30, 2012, shall be transferred to the Department of Administrative Services on the effective date of this Act." This Act became effective July 1, 2012.

Ga. L. 2012, p. 446, § 3-2/HB 642, not codified by the General Assembly, provides that: "Appropriations for functions which are transferred by this Act may be transferred as provided in Code Section 45-12-90."

50-8-7. Planning and technical assistance activities; gathering and distribution of information and studies.

  1. The department shall perform the duties, responsibilities, and functions and may exercise the power and authority described in this Code section. The department shall undertake and carry out such planning and technical assistance activities as the board or the commissioner may deem necessary for performing local government services and as may be specified by law. Such planning and technical assistance activities may include, but shall not be limited to, the following:
    1. The department may provide technical assistance to local governments. This assistance may be directed to any and all activities of local government including, but not limited to, preparation and implementation of a comprehensive plan, community and economic development, and governmental administration, finance, management, and operations;
    2. The department may provide planning assistance to local governments. This assistance may include assistance with respect to preparation or implementation of a local government's comprehensive plan and participation in the process for coordinated and comprehensive planning. This assistance may also include long-range planning relevant to one or more local governments to identify the needs of such local governments or planning with respect to downtown development and the redevelopment and revitalization of downtown areas and central business districts;
    3. The department may assist local governments in planning for the consequences or other results of decisions or actions by any government which have an impact on local governments or on any of their citizens;
    4. The department may provide planning assistance to any local government or any state agency or state authority in connection with housing and dwelling places for citizens of the state. This assistance may include planning with respect to the availability of single-family, multifamily, and other types of housing units, the anticipated changes in such availability, the potential occupants for such housing, and the anticipated changes in such potential occupants. This assistance may also include planning with respect to homeless persons and the shelter needs of homeless persons; and
    5. The department's planning and technical assistance activities may include planning, technical assistance, analysis, recommendations for policies or action, and related activities and services with respect to any lawful purpose or activity of a local government.
  2. The department shall undertake and carry out, and shall coordinate with other state agencies and local governments in undertaking and carrying out, such gathering of information, such distribution of information, and such studies and recommendations as the board or the commissioner may deem necessary for performing local government services and as may be specified by law. Such coordinating, gathering, and distribution of information and studies may include, but shall not be limited to, the following:
    1. The department shall coordinate and participate in compiling, and other state agencies and local governments shall participate in compiling, a Georgia data base and network to serve as a comprehensive source of information available, in an accessible form, to local governments and state agencies. The Georgia data base and network shall collect, analyze, and disseminate information with respect to local governments, regional commissions, and state agencies. The Georgia data base and network shall include information obtained or available from other governments and information developed by the department. To maintain the Georgia data base and network, the department shall make, and shall coordinate with other state agencies and local governments in making, comprehensive studies, investigations, and surveys of the physical, social, economic, governmental, demographic, and other conditions of the state and of local governments and of such other aspects of the state as may be necessary to serve the purposes of the department. The department shall make available the Georgia data base and network, or provide access to the Georgia data base and network, to other state agencies, local governments, members of the General Assembly, and residents of the state;
    2. The department may assist the Governor, the General Assembly, any committees of the General Assembly, any state department, any state agency, any state authority, or any local government with studies, surveys, investigations, maps, reports, plans, recommendations, advice, and information prepared, developed, or obtained by the department;

      (2.1) The department may assist any local government or local authority owning or operating a facility for convention and trade show purposes or any other similar or related purposes in identifying and promoting regional economic assistance projects within their respective jurisdictions, and such facility, if the subject of a reciprocal use agreement, shall be an adjacent facility satisfying the criteria of paragraph (1) of subsection (c) of Code Section 50-8-191;

    3. The department may undertake studies, investigations, and surveys to identify potential physical, social, economic, governmental, demographic, or other problems and opportunities in the urban, suburban, and rural areas of the state and to assist local governments in preparing to avoid the consequences of such problems or to take advantage of such opportunities; and
    4. The department may write, draft, prepare, or publish in print or electronically any studies, surveys, investigations, maps, reports, plans, recommendations, advice, and information with respect to local or regional government affairs. The department may distribute or otherwise disseminate any such studies, surveys, investigations, maps, reports, plans, recommendations, advice, and information to any government, any state authority or state agency, or any private entity.
  3. The duties, responsibilities, and functions of the department and the power and authority of the department described in this Code section are cumulative with, and in addition to, all other duties, responsibilities, and functions and power and authority of the department and are not intended to, and shall not be construed to, conflict with any other duties, responsibilities, or functions or any other power or authority of the department, including, but not limited to, the duties, responsibilities, and functions and the power and authority described in Code Section 50-8-7.1.

(Code 1981, §50-8-7, enacted by Ga. L. 1988, p. 38, § 1; Ga. L. 1989, p. 1317, § 2.1; Ga. L. 2008, p. 181, § 3/HB 1216; Ga. L. 2008, p. 363, § 2/HB 1280; Ga. L. 2010, p. 838, § 10/SB 388.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2008, a semicolon was substituted for a period at the end of paragraph (b)(2.1).

Administrative Rules and Regulations.

- Developments of regional impact, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Community Affairs, Chapter 110-12-3.

Mediation of interjurisdictional conflicts, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Community Affairs, Chapter 110-12-5.

OPINIONS OF THE ATTORNEY GENERAL

Use of money from emergency fund to prepare planning study.

- Planning and Programming Bureau (now Department of Community Affairs) can use money from the Governor's emergency fund to prepare a municipal planning study itself or, in the alternative, contract with a third party, such as a planning consultant for preparation of the study by the latter. 1969 Op. Att'y Gen. No. 69-312.

Grant for construction of local government facilities.

- Department of Community Affairs is without legal authority to make a grant of state funds to a city or county for the construction of a civic center or carpet exposition facility. 1987 Op. Att'y Gen. No. 87-15.

RESEARCH REFERENCES

ALR.

- Constitutionality of levee and flood control acts, 70 A.L.R. 1274.

Liability of municipality or other governmental subdivision in connection with flood-protection measures, 5 A.L.R.2d 57.

50-8-7.1. General powers and duties.

  1. The department shall perform the duties, responsibilities, and functions and may exercise the power and authority described in this Code section. The department, utilizing the comprehensive plans of qualified local governments, shall undertake and carry out such activities as may be necessary to assist the Governor in encouraging, coordinating, developing, and implementing coordinated and comprehensive planning. Such activities may include, but shall not be limited to, the following:
    1. The department, utilizing the comprehensive plans of regional commissions and qualified local governments, shall assist the Governor in coordinated and comprehensive planning on the state level and throughout the state, including, but not limited to, assistance in the development of a comprehensive plan for the state;
    2. The department, utilizing the comprehensive plans of regional commissions and qualified local governments, shall assist the Governor in defining the state's long-term goals, objectives, and priorities and implementing those goals, objectives, and priorities through coordinated and comprehensive planning;
    3. The department shall examine and analyze plans of state agencies, comprehensive plans of regional commissions, and comprehensive plans of municipalities and counties, undertaken as part of the coordinated and comprehensive planning process, and advise the Governor with respect to those plans; and
    4. The department shall serve as policy liaison for the Governor, with respect to coordinated and comprehensive planning, with and among state agencies and local governments.
  2. The department shall establish in accordance with the provisions of Code Section 50-8-7.2 minimum standards and procedures for coordinated and comprehensive planning, including standards and procedures for preparation of plans, for implementation of plans, and for participation in the coordinated and comprehensive planning process. The department shall undertake and carry out such activities as may be specified by law. Such activities may include, but shall not be limited to, the following:
    1. As part of such minimum standards and procedures, the department shall establish minimum elements which shall be addressed and included in comprehensive plans of local governments which are prepared as part of the coordinated and comprehensive planning process, provided that such minimum elements shall include the promotion of the deployment of reasonable and cost-effective access to broadband services by broadband services providers. As used in this paragraph, the terms "broadband services" and "broadband services provider" shall have the same meanings as provided in Code Section 50-40-1;
    2. The department shall establish minimum standards and procedures which shall be used by local governments in developing, preparing, and implementing their comprehensive plans. The department shall incorporate the minimum standards and procedures with respect to natural resources, the environment, and vital areas of the state established and administered by the Department of Natural Resources pursuant to Code Section 12-2-8. In establishing such minimum standards and procedures, the department shall be authorized to differentiate among local governments and among regions based upon factors which the department determines merit differentiation, such as total population, density of population, geographic features, the size of tax base, the type and character of services furnished by local governments, the size of budget, and other factors;
    3. The department shall develop planning procedures with respect to regionally important resources, for planning with respect to developments of regional impact, and for encouraging interjurisdictional cooperation among local governments. The department shall determine, in its judgment and for each region, what shall constitute developments of regional impact. Such determinations by the department shall be made for each region after receiving any necessary information from the regional commission for the region, from local governments within the region, and from others within the region. The department's determinations shall be publicly promulgated, using such means as the commissioner may determine, so that all local governments within a region will receive notice of the department's determinations affecting that region; and
    4. The department shall establish and shall promulgate procedures for obtaining input from, and participation by, local governments and the public in establishing, amending, and updating from time to time the minimum standards and procedures.
  3. The department shall undertake and carry out such activities as the board or the commissioner may deem necessary for supervising regional commissions and as may be specified by law. Such activities may include, but shall not be limited to, the following:
    1. The department shall recommend to the board from time to time the boundaries for the regions for each of the regional commissions; and
    2. The department shall review and comment on comprehensive plans prepared by, and coordinated and comprehensive planning activities undertaken by or under the direction of, regional commissions.
  4. The department shall undertake and carry out such activities as may be necessary to mediate, or otherwise assist in resolving, conflicts. Such activities may include, but shall not be limited to, the following:
    1. The department may establish such procedures and guidelines for mediation or other forms of resolving conflicts as the commissioner may deem necessary. The procedures and guidelines shall specify the times within which steps in the mediation or other form of conflict resolution shall take place and shall provide that such times shall not exceed, in the aggregate, 90 days from the date on which mediation or other conflict resolution begins. The department shall promulgate and make public all such procedures and guidelines;
    2. The department may act to mediate or otherwise assist in resolving conflicts upon written request from any regional commission or local government or may act, without any such request, on its own initiative;
    3. The department may establish rules and procedures which require that local governments submit for review any proposed action which would, based upon guidelines which the department may establish, affect regionally important resources or further any development of regional impact. Any such proposed action by a local government (other than a regional commission) shall be submitted for review to the local government's regional commission. A report shall be prepared and submitted to the regional commission council, including potential impacts of the proposed development of regional impact. The report shall be made available to the local governments in the region and on the website of the regional commission. Any such proposed action by a regional commission shall be submitted for review to the department. Review shall be in accordance with rules and procedures established by the department;
    4. Any conflict which remains after review pursuant to the procedures established under paragraph (3) of this subsection shall be submitted to mediation or such other form of resolving conflicts as the commissioner may deem necessary; and
    5. The department may decline to certify a local government as a qualified local government or may take or recommend action which would reduce state or other funding for a regional commission if such local government or regional commission, as the case may be, is a party to a conflict but fails to participate in the department's mediation or other means of resolving conflicts in a manner which, in the judgment of the department and a majority of the Board of Community Affairs, reflects a good faith effort to resolve the conflict.
  5. The department shall undertake such activities as may be necessary to carry out any additional authority, duties, and responsibilities as authorized and described in Chapter 40 of this title.

(Code 1981, §50-8-7.1, enacted by Ga. L. 1989, p. 1317, § 2.1; Ga. L. 2008, p. 181, § 4/HB 1216; Ga. L. 2013, p. 1104, § 1/SB 104; Ga. L. 2018, p. 629, §§ 3-2, 4-2/SB 402.)

The 2013 amendment, effective July 1, 2013, in paragraph (b)(1), substituted a semicolon for a period at the end, and deleted the former second sentence, which read: "These elements shall include, but shall not be limited to, housing, human services, natural resources, the environment, vital areas, historic and cultural resources, infrastructure, land use other than zoning, recreation, transportation, and economic development;"; and, in paragraph (d)(3), added the third and fourth sentences, substituted a semicolon for a period at the end, and deleted the former last sentence, which read: "The review shall result in a public finding by the regional commission or the department, as the case may be, that the action will be in the best interest of the region and state or that it will not be in the best interest of the region and state;".

The 2018 amendment, effective May 7, 2018, in paragraph (b)(1), added the proviso at the end of the first sentence and added the second sentence; and added subsection (e).

Cross references.

- Amendment and revision of code provisions, § 8-2-23.

Duty of Department of Community Affairs to prepare annual report on local government finances, § 36-81-8.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2018, "Code Section 50-40-1" was substituted for "Code Section 50-39-1" at the end of paragraph (b)(1) and "Chapter 40 of this title" was substituted for "Chapter 39 of this title" at the end of subsection (e).

Editor's notes.

- By resolution (Ga. L. 1990, p. 406), the General Assembly ratified the initial minimum standards and procedures for the protection of the natural resources, environment, and vital areas of the state adopted by the Department and Board of Natural Resources on December 6, 1989.

By resolution (Ga. L. 1990, p. 945), the General Assembly ratified the initial minimum standards and procedures for coordinated and comprehensive planning adopted by the Department and Board of Community Affairs on January 10, 1990.

Ga. L. 2018, p. 629, § 1/SB 402, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Achieving Connectivity Everywhere (ACE) Act.'"

JUDICIAL DECISIONS

Cited in Kingsley v. Fla. Rock Indus., Inc., 259 Ga. App. 207, 575 S.E.2d 921 (2002).

50-8-7.2. Ratification of department standards and procedures by General Assembly.

The initial minimum standards and procedures promulgated by the department pursuant to Code Section 50-8-7.1 shall be submitted by the department to the General Assembly at the next regular session following July 1, 1989, and shall become effective only when ratified by joint resolution of the General Assembly. The power of the department to promulgate such initial minimum standards and procedures shall be deemed to be dependent upon such ratification. Any subsequent amendments or additions to the initial minimum standards and procedures promulgated by the department pursuant to Code Section 50-8-7.1 shall be promulgated in accordance with and subject to the provisions of Chapter 13 of this title, the "Georgia Administrative Procedure Act."

(Code 1981, §50-8-7.2, enacted by Ga. L. 1989, p. 1317, § 2.1.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1990, "July 1, 1989," was substituted for "the effective date of this Act" in the middle of the first sentence.

Editor's notes.

- By resolution (Ga. L. 1990, p. 406), the General Assembly ratified the initial minimum standards and procedures for the protection of the natural resources, environment, and vital areas of the state adopted by the Department and Board of Natural Resources on December 6, 1990.

By resolution (Ga. L. 1990, p. 206), the General Assembly ratified the supplemental funding formula for regional development centers adopted by the Department and Board of Community Affairs on February 14, 1990.

50-8-7.3. Solid waste management education program; establishment of Georgia Clean and Beautiful Advisory Committee and Interagency Council on Solid Waste Management.

The department shall perform the duties, responsibilities, and functions and may exercise the power and authority described in this Code section.The department shall establish a solid waste management education program in the state.Such program shall include, but not be limited to, the following:

    1. The establishment of a Georgia Clean and Beautiful Advisory Committee that shall assist the department in developing, coordinating, and implementing efforts to educate the citizens of the state on methods of solid waste management.
    2. The advisory committee shall consist of no more than 30 members, who shall be appointed by the Governor and be representative of state and local government; business and industry; community, environmental, and civic organizations; the news media; educators; and other areas as the Governor may deem appropriate.
    3. Members of the advisory committee are authorized to receive reimbursement for actual expenses incurred in the performance of their duties from such funds as may be appropriated for such purposes and within such limits as may be established by the department; and
    1. The establishment of an Interagency Council on Solid Waste Management that shall be chaired by the commissioner and shall consist of representatives from departments and agencies within state government that have responsibilities or activities relating to solid waste.
    2. The council shall serve as a forum for gathering and sharing information on solid waste management as well as for developing and initiating activities within state government relating to solid waste management and shall provide advice and assistance to the Georgia Clean and Beautiful Advisory Committee and its educational programs.

(Code 1981, §50-8-7.3, enacted by Ga. L. 1990, p. 412, § 2.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1990, the subsection (a) designation was deleted from the beginning of the section since there is no subsection (b).

50-8-8. (See Editor’s notes.) Grants, loans, and other disbursements of funds; state community development program.

  1. The department shall perform the duties, responsibilities, and functions and may exercise the power and authority described in this Code section. The department shall make grants or loans to eligible recipients or qualified local governments, which grants or loans are specified by amount, recipient, and purpose in an appropriation to the department; provided, however, that the department shall not make such a grant to any county or independent board of education for the construction or operation of athletic facilities during the fiscal year following the receipt by the department of certification by the State Board of Education that the county or independent board of education is not in compliance with the requirements of Code Section 20-2-315. The department shall also grant to any school district the proceeds of any general obligation debt for educational facilities for which the department is named user agency and the school district is named recipient in an appropriation authorizing the debt. The department may make grants or loans to eligible recipients or qualified local governments from appropriations made to the department generally for grant or loan purposes, without appropriations language specifying amounts, recipients, and purposes. The department:
    1. Shall disburse such grants or loans on the basis of criteria which include consideration of matters such as legislative intent; local, regional, or state-wide impact or benefit; public exigencies or emergencies; enhancement of community and economic development opportunities; improvement or expansion of government operations or services; community health, safety, and economic well-being; coordinated and comprehensive planning in accordance with minimum standards and procedures; and any other similar criteria that may from time to time be established by the department; and
    2. May condition the award of any such grants or loans to a county or municipality upon the county or municipality, as the case may be, being a qualified local government.
  2. The department shall direct the distribution of any appropriations or other funds available for coordinated and comprehensive planning in accordance with the Act of the General Assembly providing for such appropriations. No grant or loan by the department to any eligible recipient or qualified local government shall adversely affect any grant, loan, or service to the eligible recipient or qualified local government by any other unit or instrumentality of state government. Without limiting the foregoing, the Department of Education, the Department of Transportation, the Georgia Environmental Finance Authority, and the state treasurer shall not diminish or fail to award any funds, loans, or service to any recipient under any state or federal program in whole or in part on account of a grant or loan by the department. Grants or loans by the department are and shall be deemed to be of a special nature and in addition to all such other grants, loans, or awards. The following provisions shall apply to making such funds available to eligible recipients or qualified local governments:
    1. The department may make available funds by grant or loan to an eligible recipient or qualified local government, by direct payments on behalf of an eligible recipient or qualified local government, or by any other lawful means. In the event the department determines that, in its judgment, a regional commission has failed to comply with its duties as provided by law or with the terms of a contract between such regional commission and a local government, the department shall be authorized to make payments, which it otherwise would have made to the regional commission, directly to the local government or as the department otherwise determines in order to carry out the duties of the regional commission under the law or such contract;
    2. The department may accept, use, and disburse gifts and grants made to it on terms consistent with its legal powers, from any public or private source;
    3. The department shall specify the terms under which it makes any funds available to an eligible recipient or qualified local government. The terms shall be those established or otherwise required by the government or other source which makes the funds available to the department. If such government or other source does not establish or otherwise require any such terms, the department may establish the terms;
    4. The department shall set forth in writing the terms under which the department makes funds available to a qualified local government or eligible recipient. The terms may be set forth in a contract. The department may execute any such contract on behalf of the state, and any eligible recipient which is a qualified local government, school district, state agency, or state authority is authorized to execute any such contract. Any such writing or contract may incorporate other terms or laws by reference to such terms or laws;
    5. The department shall manage and administer all funds made available pursuant to this Code section; and
    6. The department may make funds available for any purpose for which the eligible recipient or qualified local government may lawfully use such funds. Unless precluded by general law, these purposes may include, but shall not be limited to, assisting in or furthering any of the purposes, duties, responsibilities, functions, power, or authority of local governments or the department. These purposes may also include, but shall not be limited to, establishing, developing, constructing, improving, maintaining, restoring, or protecting local government projects or purposes of any nature, such as:
      1. Construction projects;
      2. Capital outlay projects;
      3. Infrastructure projects;
      4. Planning services;
      5. Technical assistance;
      6. Coordinated and comprehensive planning;
      7. Marketing and promotional projects to encourage tourism and to develop, promote, and retain trade, commerce, industry, and employment opportunities, agriculture, and agribusiness;
      8. Purchase or lease of equipment;
      9. Operating expenses;
      10. Housing projects;
      11. Any project for the purposes of acquiring, constructing, equipping, maintaining, and operating regional commerce and trade center facilities suitable for housing conventions and trade shows as well as cultural, political, musical, educational, athletic, and other events, in order to provide for the establishment, development, and maintenance of commerce and trade;
      12. Any project or purpose described in or permitted under any appropriations to the department;
      13. Any project or purpose described in or permitted under any grant made to, or to be made by or through, the department;
      14. Any project or purpose provided for in the federal Housing and Community Development Act of 1974, as amended, or any successor to the Housing and Community Development Act of 1974;
      15. Any project or purpose provided for in the federal Public Works and Economic Development Act of 1965, as amended, or any successor to the Public Works and Economic Development Act of 1965;
      16. Any project or purpose authorized by federal or state law; or
      17. Any other project or purpose consistent with the duties, responsibilities, functions, power, and authority of the department.
  3. The department may apply for, receive, administer, and use any grant, other financial assistance, or other funds made available to the department from any government or other source for furthering the purposes of the department. The department's actions in this respect may be taken for itself or on behalf of qualified local governments or other eligible recipients. The department's power and authority under this subsection includes, but shall not be limited to, the following:
    1. The department may apply on behalf of qualified local governments or other eligible recipients for receipt of state appropriated funds from the Governor's emergency fund as provided by Code Section 45-12-77. If such an application is approved, or if state appropriated funds from the Governor's emergency fund as provided by Code Section 45-12-77 are otherwise made available to the department, the department may be authorized by the Governor to disburse such emergency funds to the local government or other eligible recipient; and
    2. The department may accept on behalf of qualified local governments or other eligible recipients funds provided to the department by an executive order of the Governor and may disburse such funds to such local governments or other eligible recipients. The eligible recipient and the terms under which such funds are made available for use by the eligible recipient shall be specified in the executive order and shall be made a part of any writing or contract between the department and the eligible recipient.
  4. The department is authorized and shall have all powers necessary to participate in federal programs and to comply with laws relating thereto.
  5. The governing authority of any county, municipality, or combination thereof may expend public funds received from the department to perform any public service or public function as authorized under the terms specified by the department or, in the absence of any such terms, as otherwise authorized by the Constitution or by law or to perform any