reglab/housing_qa huggingface dataset:
GA Code § 36-85-12 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 85 - Interlocal Risk Management Agencies|§ 36-85-12. Revocation, Suspension, or Refusal to Renew Certificate of Authority; Hearing; Voluntary Dissolution of Fund

  The Commissioner may revoke, suspend, or refuse to issue or renew the certificate of authority of any agency when and if, after investigation, he finds that:   Any certificate of authority issued to the agency was obtained by fraud;   There was any material misrepresentation in the application for the certificate of authority;   The agency, any fund established by the agency, the administrator of a fund, or any marketing representative has otherwise shown itself to be untrustworthy or incompetent;   The agency, any fund established by the agency, the administrator of a fund, or any marketing representative has violated any of the provisions of this chapter or the rules and regulations of the Commissioner promulgated pursuant to this chapter;   The agency, any fund established by the agency, or the administrator of a fund has misappropriated, converted, illegally withheld, or refused to pay over upon proper demand any moneys which belong to a member or a person otherwise entitled thereto and which have been entrusted to the agency, fund, or administrator in its fiduciary capacities; or   The agency or any fund established by the agency is found to be in an unsound condition or in such condition as to render its future transaction of business in this state hazardous to its members.     Before the Commissioner shall revoke, suspend, or refuse to issue or renew the certificate of authority of any agency, he shall give the agency an opportunity to be fully heard and to introduce evidence in its behalf. In lieu of revoking, suspending, or refusing to issue or renew the certificate of authority of any agency for any of the causes enumerated in this Code section, after hearing as provided in this Code section, the Commissioner may place the fund and its administrator on probation for a period of time not to exceed one year when, in his judgment, he finds that the public interest and the interests of the fund's members would not be harmed by the continued operation of the fund. At any hearing provided for by this Code section, the Commissioner or his designee shall have authority to administer oaths to witnesses. Any witness testifying falsely after taking an oath commits the offense of perjury.   No fund shall be voluntarily dissolved or otherwise voluntarily cease to function unless:   Written approval is first obtained from the Commissioner; and   The Commissioner determines that all claims and other legal obligations of the fund have been paid or that adequate provisions for such payment have been made.       (Code 1981, §36-85-12, enacted by Ga. L. 1986, p. 1496, § 1.)
GA Code § 36-85-13 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 85 - Interlocal Risk Management Agencies|§ 36-85-13. Exemption From State and Local Taxes and Fees

 Interlocal risk management agencies and funds established by such agencies shall be exempt from state and local taxes and fees.    (Code 1981, §36-85-13, enacted by Ga. L. 1986, p. 1496, § 1.)
GA Code § 36-85-14 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 85 - Interlocal Risk Management Agencies|§ 36-85-14. Periodic Examinations

 The Commissioner shall have the authority to require and conduct periodic examinations to verify the solvency of funds in the same manner and under the same conditions as insurers are examined under Chapter 2 of Title 33.    (Code 1981, §36-85-14, enacted by Ga. L. 1986, p. 1496, § 1.)
GA Code § 36-85-15 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 85 - Interlocal Risk Management Agencies|§ 36-85-15. Fund Deficiencies; Assessments Upon Members; Liquidation of Fund

  If the assets of a fund are at any time insufficient to enable a fund to discharge its legal liabilities and other obligations and to maintain the reserves and surplus required of it under this chapter, the agency shall forthwith make up the deficiency or levy an assessment upon the members of the fund for the amount needed to make up the deficiency.   If the agency fails to make up the deficiency or to make the required assessment of the fund members within 30 days after the Commissioner orders it to do so or if the deficiency is not fully made up within 60 days after the date on which any such assessment is made or within such longer period of time as may be specified by the Commissioner, the fund shall be deemed to be insolvent and shall be proceeded against in the same manner as are domestic insurers under Chapter 37 of Title 33; and the Commissioner shall have the same powers and limitations in such proceedings as are provided under that chapter, except as otherwise provided for in this chapter.   If the liquidation of a fund is ordered, an assessment shall be levied upon its members for such an amount as the Commissioner determines to be necessary to discharge all liabilities of the fund, including the reasonable costs of liquidation.     (Code 1981, §36-85-15, enacted by Ga. L. 1986, p. 1496, § 1.)
GA Code § 36-85-16 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 85 - Interlocal Risk Management Agencies|§ 36-85-16. Rules and Regulations

 The Commissioner shall have authority to promulgate rules and regulations to effectuate the provisions of this chapter.    (Code 1981, §36-85-16, enacted by Ga. L. 1986, p. 1496, § 1.)
GA Code § 36-85-17 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 85 - Interlocal Risk Management Agencies|§ 36-85-17. Hearings

 Any party which is aggrieved by any act, determination, order, or any other action of the Commissioner taken pursuant to this chapter may request a hearing before the Commissioner or otherwise proceed in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."    (Code 1981, §36-85-17, enacted by Ga. L. 1986, p. 1496, § 1.)
GA Code § 36-85-18 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 85 - Interlocal Risk Management Agencies|§ 36-85-18. Excess Loss Funding Program Required

  An interlocal risk management agency shall maintain at all times an excess loss funding program acceptable to the Commissioner. An excess loss funding program may consist of excess insurance, self-funding from unobligated surplus of a fund, any combination of the foregoing, or any other funding program acceptable to the Commissioner.   The excess loss funding program of an agency shall be approved by the Commissioner as a condition to the issuance and maintenance of a certificate of authority of any agency which establishes a fund or funds authorized pursuant to this article. An agency may be permitted to purchase excess insurance:   From insurers authorized to transact business in this state; or   From approved surplus lines carriers.       (Code 1981, §36-85-18, enacted by Ga. L. 1986, p. 1496, § 1; Ga. L. 1987, p. 1454, § 4.)
GA Code § 36-85-19 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 85 - Interlocal Risk Management Agencies|§ 36-85-19. Audits of Funds

 Each fund established under this chapter shall have an annual audit of its books and accounts performed by a certified public accountant. Such audit shall be conducted in accordance with generally accepted accounting principles. A copy of such audit shall be made available to fund members.    (Code 1981, §36-85-19, enacted by Ga. L. 1986, p. 1496, § 1.)
GA Code § 36-85-20 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 85 - Interlocal Risk Management Agencies|§ 36-85-20. Exercise of Authority Not Provision of Liability Insurance; Sovereign Immunity

 The exercise by a municipality or county of the authority provided in this chapter shall not constitute the provision of liability insurance protection under Article I, Section II, Paragraph IX of the Constitution of the State of Georgia. The participation by a municipality or county as a member of an agency authorized by this chapter shall not constitute the obtaining of liability insurance and no sovereign immunity shall be waived on account of such participation.    (Code 1981, §36-85-20, enacted by Ga. L. 1986, p. 1496, § 1; Ga. L. 1987, p. 1454, § 5.)   Law reviews.   - For article, "Local Government Tort Liability: The Summer of '92," see 9 Ga. St. U. L. Rev. 405 (1993).   JUDICIAL DECISIONS   Constitutionality.    - O.C.G.A. § 36-85-20 conflicts with Ga. Const. 1983, Art. I, Sec. II, Para. IX, as the statute read prior to the 1990 amendment, and was therefore void. Hiers v. City of Barwick, 262 Ga. 129, 414 S.E.2d 647 (1992).    County's participation in an interlocal risk management plan did not constitute liability insurance for the purpose of waiving the county's sovereign immunity to the extent of the plan's coverage. Gilbert v. Richardson, 264 Ga. 744, 452 S.E.2d 476 (1994).    Even though the 1991 amendment of Ga. Const. 1983, Art. I, Sec. II, Para. IX, eliminated the language under which O.C.G.A. § 36-85-20 was found unconstitutionally void, the revision did not resurrect the statute and, accordingly, the statute did not provide a basis for finding a county's participation in an interlocal risk management plan constituted a waiver of sovereign immunity. The county's purchase of such insurance agreement constituted the purchase of insurance under O.C.G.A. § 33-24-51(b) and the county waived the county's sovereign immunity to the extent of such coverage; reversing in part, Gilbert v. Richardson, 211 Ga. App. 795, 440 S.E.2d 684 (1994). Gilbert v. Richardson, 264 Ga. 744, 452 S.E.2d 476 (1994).   GIRMA allows waiver of sovereign immunity to extent of coverage.    - Trial court erred in granting summary judgment to city and the officer involved in a car accident, based on the doctrine of sovereign immunity, since it has been held that the constitutional provision providing waiver of immunity to the extent of insurance applies to municipalities, that the nonwaiver of immunity provision of O.C.G.A. § 36-85-20 is unconstitutional, and that municipal coverage under a Georgia Interlocal Risk Management Agency (GIRMA) policy results in waiver of immunity to the extent of that coverage. Harden v. Burdette, 204 Ga. App. 733, 420 S.E.2d 626 (1992).    Cited in Sinkfield v. Pike, 201 Ga. App. 652, 411 S.E.2d 889 (1991).
GA Code § 36-86-1 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 86 - Local Government Efficiency|§ 36-86-1. Short Title

 This chapter shall be known and may be cited as the "Local Government Efficiency Act."    (Code 1981, §36-86-1, enacted by Ga. L. 1993, p. 1574, § 1.)
GA Code § 36-86-2 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 86 - Local Government Efficiency|§ 36-86-2. Legislative Findings and Determinations; Purpose

  The General Assembly finds and determines that there is a pressing need for modernization and reorganization of local government service delivery programs in many parts of the state.Both increasing population and urbanization in some areas of the state, as well as relative population decreases in other areas of the state, together with modern developments in transportation, communication, information, and other service delivery equipment and systems have rendered obsolete many of the traditional local government territorial systems for delivery of local government services.   In many cases the consolidation of local government units or the consolidation of local government service delivery programs can lead to increased efficiency in the delivery of local government services, thereby providing either enhanced service delivery, lower levels of taxation, or both. In other cases, however, existing territorial systems for local government service delivery already operate in an efficient and cost-effective manner.   The purpose of this chapter is to provide incentives and requirements relating to consolidation of local government units and local government service delivery programs in those cases where such consolidation will improve efficiency and cost effectiveness, without disturbing territorial arrangements which already operate in an efficient and cost-effective manner.     (Code 1981, §36-86-2, enacted by Ga. L. 1993, p. 1574, § 1.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 2006, subsection designations were added to this Code section.
GA Code § 36-86-3 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 86 - Local Government Efficiency|§ 36-86-3. Definitions

 As used in this chapter, the term:    "Local government unit" includes each county in the state, each municipality in the state, each consolidated government in the state, and each local authority in the state which operates any local government service delivery program but does not include local school systems.   "Service" or "local government service" includes any and all services provided by a local government unit, including but not limited to the following:   Law enforcement;   Fire protection and fire safety;   Road and street construction and maintenance;   Public transportation;   Water supply and distribution;   Waste-water, sewage, and storm-water collection and disposal;   Public housing;   Public health services;   Enforcement of building, housing, plumbing, and electrical codes and other similar codes;   Parks and recreation systems;   Planning and zoning;   Solid waste management; and   Electric or gas utility services.       (Code 1981, §36-86-3, enacted by Ga. L. 1993, p. 1574, § 1; Ga. L. 1995, p. 467, § 1.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1993, "similar" was substituted for "similiar" in subparagraph (2)(I).
GA Code § 36-87-1 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 87 - Participation in Federal Programs|§ 36-87-1. Legislative Findings

 Pursuant to Article III, Section VI, Paragraph II, subparagraph (a)(3) of the Constitution of Georgia, the General Assembly finds it to be in the public interest of the citizens of Georgia and a public purpose for counties and municipal corporations to be authorized to participate in certain federal programs.    (Code 1981, §36-87-1, enacted by Ga. L. 1993, p. 792, § 1.)
GA Code § 36-88-1 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 88 - Enterprise Zones|§ 36-88-1. Short Title

 This chapter shall be known and may be cited as the "Enterprise Zone Employment Act of 1997."    (Code 1981, §36-88-1, enacted by Ga. L. 1997, p. 1481, § 1.)
GA Code § 36-88-2 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 88 - Enterprise Zones|§ 36-88-2. Legislative Findings and Intent; Construction

 The General Assembly finds and determines that there is a need for revitalization in many areas of Georgia. Revitalization will improve geographic areas within cities and counties which are suffering from disinvestment, underdevelopment, and economic decline and will encourage private businesses to reinvest and rehabilitate such areas. The General Assembly recognizes that increased employment opportunities for the citizens of Georgia will assist in the implementation of welfare reform. It is the intent of the General Assembly that this chapter be liberally construed to accomplish these purposes.    (Code 1981, §36-88-2, enacted by Ga. L. 1997, p. 1481, § 1.)
GA Code § 36-88-4 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 88 - Enterprise Zones|§ 36-88-4. Available Incentives; Qualifying Business; Exemptions

  The following incentives are available to qualifying business and service enterprises to encourage revitalization within enterprise zones:   The enterprise zone property tax exemption provided in Code Section 36-88-8;   The occupational tax, regulatory fee, and business inspection fee abatement or reduction provided in Code Section 36-88-9; and   For enterprise zones created pursuant to subsection (g) of Code Section 36-88-6, the sales and use tax exemption provided in such subsection pursuant to the authority granted by Article IX, Section II, Paragraph VII(c) of the Constitution of Georgia.     A qualifying business or service enterprise is an enterprise which increased employment by five or more new full-time job equivalents in an area designated as an enterprise zone and which provides additional economic stimulus in such zone. The quality and quantity of such additional economic stimulus shall be determined, on a case-by-case basis, by the local governing body or bodies that have designated the enterprise zone. Such business or service enterprise may be new, an expansion or reinvestment of an existing business or service enterprise, or a successor to such business or service enterprise. Whenever possible, 10 percent of such new employees shall be low-income or moderate-income individuals.   Notwithstanding any provision of this Code section to the contrary, a local governing body or bodies creating an enterprise zone prior to January 1, 2000, may provide the exemptions and abatements as provided in this chapter to any qualifying business or service enterprise which employs at least 5,000 persons and which creates ten or more new full-time job equivalents that did not exist prior to July 1, 1997, provided such qualifying business or service enterprise provides economic stimulus to such zone and the quality and quantity of such stimulus is acceptable to the local governing body or bodies creating the enterprise zone.     (Code 1981, §36-88-4, enacted by Ga. L. 1997, p. 1481, § 1; Ga. L. 2017, p. 52, § 2/HB 342.)    The 2017 amendment,  effective July 1, 2017, deleted "and" from the end of paragraph (a)(1); substituted "; and" for a period at the end of paragraph (a)(2); and added paragraph (a)(3).
GA Code § 36-88-5 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 88 - Enterprise Zones|§ 36-88-5. Designation of Enterprise Zones

 A local governing body or bodies may designate one or more geographic areas as enterprise zones. In such enterprise zone, local ad valorem taxes, occupation taxes, license fees, and other local fees and taxes, except local sales and use taxes or any combination thereof, may be exempted or reduced from applying to qualified business and service enterprises in accordance with the provisions of this chapter. A joint resolution by a county and one or more municipalities may provide such exemptions for jointly designated enterprise zones. Any areas designated as an enterprise zone may be redesignated as an enterprise zone after the expiration of its initial term as an enterprise zone if the area continues to meet the criteria for an enterprise zone contained in this chapter.    (Code 1981, §36-88-5, enacted by Ga. L. 1997, p. 1481, § 1.)
GA Code § 36-88-7 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 88 - Enterprise Zones|§ 36-88-7. Local Ordinances' Effect on Enterprise Zone

    Each ordinance adopted by a local government possessing an approved enterprise zone, when applicable, shall provide encouragement and incentives to increase rehabilitation, renovation, restoration, improvement for new construction for housing and the economic viability and profitability of businesses and commerce located within such enterprise zones.   Creation of an enterprise zone shall be consistent with the comprehensive plan or plans of the jurisdiction or jurisdictions designating the enterprise zone which plan or plans are adopted pursuant to Chapter 70 of this title.   Each local government possessing an enterprise zone may review its ordinances to determine which ordinances may have a negative effect upon the rehabilitation, renovation, restoration, improvement, or new construction of housing, or the economic viability and profitability of businesses and commerce located within an enterprise zone. Such local government may waive, amend, or otherwise modify such ordinances so as to minimize such adverse effect.     Nothing in this Code section shall authorize any local government to waive, amend, provide exceptions to or otherwise modify or alter any ordinance which is:   Expressly required to implement or enforce any statutory provisions; or   Designed to protect persons against discrimination on the basis of race, color, creed, national origin, sex, age, or handicap.     Nothing in this Code section shall be construed so as to rescind the authority granted to local governments to create, maintain, and regulate enterprise zones pursuant to any local enterprise zone law in effect on July 1, 1997.     (Code 1981, §36-88-7, enacted by Ga. L. 1997, p. 1481, § 1.)
GA Code § 36-88-8 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 88 - Enterprise Zones|§ 36-88-8. Tax Exemption

    The governing body of a local government or governments creating an enterprise zone other than an enterprise zone under subsection (g) of Code Section 36-88-6, shall include in the creating ordinance a provision to exempt qualifying business and service enterprises from state, county, and municipal ad valorem taxes that would otherwise be levied on the qualifying business and service enterprises not to exceed the following schedule:   One hundred percent of the property taxes shall be exempt for the first five years;   Eighty percent of the property taxes shall be exempt for the next two years;   Sixty percent of the property taxes shall be exempt for the next year;   Forty percent of the property taxes shall be exempt for the next year; and   Twenty percent of the property taxes shall be exempt for the tenth year.     For any qualifying business or service enterprise, the schedule provided for in paragraph (1) of this subsection may begin in any year during which an area has an enterprise zone designation. Such tax exemption may continue even if the area's enterprise zone designation has terminated. A minimum of five new jobs must be maintained for a qualifying business or service enterprise to maintain eligibility for the tax exemption provided pursuant to this Code section.     If the project consists of new residential construction, residential rehabilitation, or other rehabilitation of an existing structure and the value of the improvement exceeds the value of the land by a ratio of five to one, then the exemption schedule in subsection (a) of this Code section shall also apply whether or not the project is carried out by a qualifying business or service enterprise.   In no event shall the value of the property tax exemptions granted to qualifying business and service enterprises within an enterprise zone created by a city, a county, or both, exceed 10 percent of the value of the property tax digest of the creating jurisdiction or jurisdictions.     (Code 1981, §36-88-8, enacted by Ga. L. 1997, p. 1481, § 1; Ga. L. 1999, p. 333, § 2; Ga. L. 2004, p. 939, § 5; Ga. L. 2017, p. 52, § 4/HB 342.)    The 2017 amendment,  effective July 1, 2017, inserted "other than an enterprise zone under subsection (g) of Code Section 36-88-6," near the middle of paragraph (a)(1); and substituted "tenth year" for "last year" near the end of subparagraph (a)(1)(E).   Cross references.   - Tax credits for business enterprises in less developed areas, § 48-7-40.1.   Editor's notes.   - Ga. L. 2004, p. 939, § 6, not codified by the General Assembly, provides that the amendment by that Act shall be applicable to all taxable years beginning on or after January 1, 2004.   JUDICIAL DECISIONS    Cited in Franzen v. Downtown Dev. Auth. of Atlanta, 309 Ga. 411, 845 S.E.2d 539 (2020).