GA Code § 50-26-9 (2021)
2021 Georgia Code|Title 50 - State Government|Chapter 26 - Housing and Finance Authority|§ 50-26-9. Power to Issue Bonds and Incur Indebtedness; Exemption From Taxation

  The authority may issue bonds for the purpose of facilitating economic development; for the improvement of public health, safety, and welfare; and for other public purposes through the provision of financing and financial assistance for projects, including, without limitation, health care services, either directly or indirectly through a financial institution; a lender; the state; any institution, department, agency, fund, or authority of the state or created under any state law; any political subdivision of the state; or any other public agency, public or private business, enterprise, agency, corporation, authority, or any other entity.   The authority shall have the power to borrow money and to issue bonds, regardless of whether the interest payable by the authority incident to such loans or bonds or income derived by the holders of the evidence of such indebtedness or bonds is, for purposes of federal taxation, includable in the taxable income of the recipients of such payments or is otherwise not exempt from the imposition of such taxation on the recipient.   No bonds, notes, or other obligations of, and no indebtedness incurred by, the authority shall constitute an indebtedness or obligation or a pledge of the faith and credit of the State of Georgia or its agencies; nor shall any act of the authority in any manner constitute or result in the creation of an indebtedness of the state or its agencies or a cause of action against the state or its agencies; provided, however, that the state, to the extent permitted by its Constitution, may guarantee payment of such bonds, notes, or other obligations as guaranteed revenue debt.   It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purpose are in all respects for the benefit of the people of this state and are a public purpose and the authority will be performing an essential government function in the exercise of the powers conferred upon it by this chapter. The state covenants with the holders of the bonds that the authority shall not be required to pay any taxes or assessments upon any of the property acquired or leased by the authority or under the jurisdiction, control, possession, or supervision of the authority or upon the activities of the authority in the financing of the activities financed by the authority or upon any principal, interest, premium, fees, charges, or other income received by the authority and that the bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The exemption from taxation is declared to specifically extend to any subsidiary corporation created by the board of directors of the authority but shall not extend to tenants or lessees of the authority unless otherwise exempt from taxation. The exemption from taxation shall include exemptions from sales and use taxes on property purchased by the authority or for use by the authority.   The state does pledge to and agree with the holders of any bonds issued by the authority pursuant to this chapter that the state will not alter or limit the rights vested in the authority to fulfill the terms of any agreement made with or for the benefit of the holders of bonds or in any way impair the rights and remedies of bondholders until the bonds, together with the interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of such holders are fully met and discharged or funds for the payment of such are fully provided.The authority is authorized to include this pledge and agreement of the state in any agreement with bondholders.     (Code 1981, §50-26-9, enacted by Ga. L. 1991, p. 1653, § 1-2; Ga. L. 1993, p. 738, § 14; Ga. L. 1996, p. 872, § 12.)   OPINIONS OF THE ATTORNEY GENERAL   Editor's notes.   - In light of the similarity of the statutory provisions, opinions under Ga. L. 1981, pp. 184, 1036 and former O.C.G.A. § 8-3-180 et seq., which were subsequently repealed but were succeeded by provisions of this Code section, are included in the annotations for this Code section.   Transfer of funds to family farm fund.   - Authority could transfer funds from general fund to family farm fund through April 30, 1981, only. 1981 Op. Att'y Gen. No. 81-30 (decided under Ga. L. 1981, pp. 184, 1036).    Authority may issue bonds which are subject to federal taxation, but the authority has no power under either Part One or Part Two of the authority's enabling legislation (Ga. L. 1974, p. 975 and Ga. L. 1983, p. 1228) to issue bonds which are subject to state taxation. 1988 Op. Att'y Gen. No. 88-17 (decided under former O.C.G.A. § 8-3-180 et seq.).   RESEARCH REFERENCES   Am. Jur. 2d.   - 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, §§ 495, 579. 64 Am. Jur. 2d, Public Securities and Obligations, §§ 11 et seq., 50, 55, 73 et seq.   C.J.S.   - 64A C.J.S., Municipal Corporations, §§ 2036, 2118 et seq., 2125 et seq.