GA Code § 32-6-75.2 (2021)
2021 Georgia Code|Title 32 - Highways, Bridges, and Ferries|Chapter 6 - Regulation of Maintenance and Use of Public Roads Generally|Article 3 - Control of Signs and Signals|Part 2 - State Highway System|§ 32-6-75.2. Roadside Enhancement and Beautification Fund; Dedication of Certain Revenues

 There is established a special fund to be known as the "Roadside Enhancement and Beautification Fund." This fund shall consist of all moneys collected under Code Section 32-6-75.3, any appropriations by the General Assembly to the fund, revenues derived from the sale of any special and distinctive wildflower motor vehicle license plates issued pursuant to paragraph (5) of subsection (l) of Code Section 40-2-86, any contributions to the fund from any other source, and all interest thereon. All moneys collected under Code Section 32-6-75.3 and fees for any special and distinctive wildflower motor vehicle license plates shall be paid into the fund. All balances in the fund shall be deposited in an interest-bearing account identifying the fund and shall be carried forward each year so that no part thereof may be deposited in the general treasury. The department shall administer the fund and expend moneys held in the fund in furtherance of roadside enhancement and beautification projects along public roads in this state and administration of the tree and vegetation trimming permit program under Code Section 32-6-75.3. In addition to the foregoing, the department may, without limitation, promote and solicit voluntary contributions, promote the sale of motor vehicle license tags authorized under paragraph (5) of subsection (l) of Code Section 40-2-86, and develop any fund raising or other promotional techniques deemed appropriate by the department. Contributions to the fund shall be deemed supplemental to and shall in no way supplant funding that would otherwise be appropriated for these purposes. The department shall prepare, by February 1 of each year, an accounting of the funds received and expended from the fund. The report shall be made available to the members of the State Transportation Board, the Senate Transportation Committee, the Transportation Committee of the House of Representatives, and to members of the public on request.   (Code 1933, § 95A-934.4, enacted by Ga. L. 1981, p. 955, § 3; Ga. L. 1998, p. 1313, § 2; Ga. L. 1999, p. 81, § 32; Ga. L. 2001, p. 1021, § 1; Ga. L. 2010, p. 9, § 1-60/HB 1055.)   Cross references.   - Roadside enhancement and beautification fund, Ga. Const. 1983, Art. III, Sec. IX, Para. VI.   Editor's notes.   - The constitutional amendment (Ga. L. 1998, p. 1688) which authorized provisions of this Code section was approved by a majority of the qualified voters voting at the 1998 November general election.   OPINIONS OF THE ATTORNEY GENERAL   Commissioner is authorized to initiate issuance of permits.   - Commissioner is authorized, but not required, to initiate a program under which permits may be issued for trimming trees and vegetation in connection with administration of laws regulating billboards. 1981 Op. Att'y Gen. No. 81-75.   Direct economic benefit from material severed from rights-of-way.    - Neither O.C.G.A. § 32-6-75.2 nor O.C.G.A. § 32-6-75.3 authorizes any private person to derive any economic benefit directly from disposition of material severed from rights-of-way. 1981 Op. Att'y Gen. No. 81-75.   No donation of constitutionally forbidden gratuity.   - Cutting of trees and vegetation on rights-of-way, without cost or expense to taxpayers and to the extent no more than minimally necessary to facilitate reasonably adequate public viewing of privately owned billboards, does not itself amount to donation of constitutionally forbidden gratuity. 1981 Op. Att'y Gen. No. 81-75.   RESEARCH REFERENCES   ALR.   - Governmental liability for compensation or damages to advertiser arising from obstruction of public view of sign or billboard on account of growth of vegetation in public way, 21 A.L.R.4th 1309.