reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 7 - PUBLIC AUTHORITIES (§§ 12-3-230 — 12-3-580) › Part 12 - GEORGIA SPORTS HALL OF FAME AUTHORITY (§§ 12-3-560 — 12-3-574) › Section 12-3-561 - Definitions

As used in this part, the term:
(1)
"Authority" means the Georgia Sports Hall of Fame Authority.
(2)
"Cost of the project" means the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges; interest prior to and during construction and for one year after completion of construction; the cost of engineering, architectural, and legal expenses and of plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses; and such other expenses as may be necessary or incident to the financing authorized in this part, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of such bonds or obligations as may be issued by any authority, department, commission, or agency of the State of Georgia.
(3)
"Project" means and includes one or a combination of two or more of the following: buildings, facilities, and all structures; electric, gas, steam, water, and sewerage utilities; and improvements of every kind and character deemed by the authority necessary or convenient for its purposes.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 7 - PUBLIC AUTHORITIES (§§ 12-3-230 — 12-3-580) › Part 12 - GEORGIA SPORTS HALL OF FAME AUTHORITY (§§ 12-3-560 — 12-3-574) › Section 12-3-562.1 - Joint operation between Georgia Sports Hall of Fame and Georgia Music Hall of Fame; proposals for accomplishing objectives

The Georgia Sports Hall of Fame Authority and the Georgia Music Hall of Fame Authority shall to the maximum extent possible work jointly to realize efficiencies and economies in the operation of their adjacent facilities. The two authorities shall make all possible efforts to consolidate and coordinate marketing, operational, maintenance, property management, and other activities so as to achieve such efficiencies and economies. Not later than September 30, 2010, each such hall of fame authority shall issue a request for proposals for a new location or alternative ownership, management, and operation at the same location for the respective hall of fame facility. Such requests for proposals shall be disseminated to each county and municipal governing authority in the state and shall require that any proposal be submitted not later than December 31, 2010. Any county or municipality wherein such a hall of fame authority is located shall be eligible to submit a proposal; and it is the intention of the General Assembly that such a proposal shall be required as a condition for continued state funding support in a current location. Upon receipt of one or more proposals, the hall of fame authority shall conduct a staff review of each proposal received. A primary consideration in the review of the proposals shall be the effect of each proposal on the current and future operating budgets of the authority and self-sustainability of the authority, including a determination of whether cost savings and operational efficiencies can be effected through moving to a new location or alternative ownership, management, and operation at the same location as proposed. Upon completion of the staff review, the findings shall be submitted to the governing body of the hall of fame authority. Each hall of fame authority shall not later than April 30, 2011, submit to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons of the Senate and House appropriations committees a report detailing the activities of the authority with respect to issuance of the request for proposals, receipt and evaluation of proposals, and the decision of the authority with respect to acceptance of proposals.
Amended by 2011 Ga. Laws 245,§ 12, eff. 5/13/2011.
Added by 2010 Ga. Laws 431,§ 1, eff. 6/4/2010.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 7 - PUBLIC AUTHORITIES (§§ 12-3-230 — 12-3-580) › Part 12 - GEORGIA SPORTS HALL OF FAME AUTHORITY (§§ 12-3-560 — 12-3-574) › Section 12-3-563 - Purpose

The corporate purpose and general nature of the business of the authority shall be:
(1)
Constructing and maintaining a facility to house the Georgia Sports Hall of Fame to honor those, living or dead, who by achievement or service have made outstanding and lasting contributions to sports and athletics in this state or elsewhere; honoring those previously selected and inducted by the Georgia Sports Hall of Fame Board; and selecting, appropriately honoring, and inducting future members of the Georgia Sports Hall of Fame. The authority shall establish and include in its bylaws criteria for eligibility for selection and induction into the Georgia Sports Hall of Fame; and
(2)
Operating, advertising, and promoting the Georgia Sports Hall of Fame.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 7 - PUBLIC AUTHORITIES (§§ 12-3-230 — 12-3-580) › Part 12 - GEORGIA SPORTS HALL OF FAME AUTHORITY (§§ 12-3-560 — 12-3-574) › Section 12-3-565 - Tax exemption

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. The State of Georgia covenants that 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 or maintenance of the facilities erected, maintained, or acquired by it or any fees, rentals, or other charges for the use of such facilities or other income received by the authority; provided, however, in no event shall the exemptions granted in this Code section extend to any lessee or other private person or entity.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 7 - PUBLIC AUTHORITIES (§§ 12-3-230 — 12-3-580) › Part 12 - GEORGIA SPORTS HALL OF FAME AUTHORITY (§§ 12-3-560 — 12-3-574) › Section 12-3-566 - Police powers

The authority is authorized to exercise such of the police powers of the state as may be necessary to maintain peace and order and to enforce any and all zoning, use, and personal conduct restrictions upon the properties, facilities, and persons under its jurisdiction to the extent that such is lawful under the laws of the United States and this state. The authority may delegate all or any part of the performance of these functions temporarily or permanently to the state or to the county in which its facilities are located.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 7 - PUBLIC AUTHORITIES (§§ 12-3-230 — 12-3-580) › Part 12 - GEORGIA SPORTS HALL OF FAME AUTHORITY (§§ 12-3-560 — 12-3-574) › Section 12-3-567 - Security force

The authority is authorized to contract for or to provide for and maintain a security force with respect to the facilities and property owned, leased, operated, or under the control of the authority and within the territory thereof. The security force shall have the duty to protect persons and property, disperse unlawful or dangerous assemblages, control pedestrian and vehicular traffic, and otherwise preserve and protect the public peace, health, and safety. For these purposes, a member of such force shall be a peace officer and, as such, shall have authority equivalent to the authority of a law enforcement officer of the county in which he or she is discharging his or her duties.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 7 - PUBLIC AUTHORITIES (§§ 12-3-230 — 12-3-580) › Part 12 - GEORGIA SPORTS HALL OF FAME AUTHORITY (§§ 12-3-560 — 12-3-574) › Section 12-3-568 - Trust fund

All moneys received pursuant to the authority of this part, whether as grants or other contributions or as revenues, rents, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this part.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 7 - PUBLIC AUTHORITIES (§§ 12-3-230 — 12-3-580) › Part 12 - GEORGIA SPORTS HALL OF FAME AUTHORITY (§§ 12-3-560 — 12-3-574) › Section 12-3-569 - Rentals and other charges

The authority is authorized to fix rentals and other charges which any user, exhibitor, concessionaire, franchisee, or vendor shall pay to the authority for the use of the project or part thereof or combination thereof, and to charge and collect the same, and to lease and make contracts with political subdivisions and agencies with respect to use of any part of the project. The rentals and other charges shall be so fixed and adjusted in respect to the aggregate thereof from the project or any part thereof so as to provide a fund sufficient with other revenues of such project, if any, to pay the cost of maintaining, repairing, and operating the project, including the reserves for extraordinary repairs and insurance, unless such cost shall be otherwise provided for, which cost shall be deemed to include the expenses incurred by the authority on account of the project for water, light, sewer, and other services furnished by other facilities at the project.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 7 - PUBLIC AUTHORITIES (§§ 12-3-230 — 12-3-580) › Part 12 - GEORGIA SPORTS HALL OF FAME AUTHORITY (§§ 12-3-560 — 12-3-574) › Section 12-3-570 - Legal services

The Attorney General shall provide legal services for the authority and in connection therewith the provisions of Code Sections
45-15-13
through
45-15-16
shall be fully applicable.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 7 - PUBLIC AUTHORITIES (§§ 12-3-230 — 12-3-580) › Part 12 - GEORGIA SPORTS HALL OF FAME AUTHORITY (§§ 12-3-560 — 12-3-574) › Section 12-3-571 - Venue and jurisdiction of actions

Any action to protect or enforce any rights under this part shall be brought in the Superior Court of Bibb County, Georgia; and such court shall have exclusive, original jurisdiction of such actions. Nothing contained in this part shall be construed to impair any rights afforded the state under the Constitution of the United States.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 7 - PUBLIC AUTHORITIES (§§ 12-3-230 — 12-3-580) › Part 12 - GEORGIA SPORTS HALL OF FAME AUTHORITY (§§ 12-3-560 — 12-3-574) › Section 12-3-572 - Conflicts of interest

(a)
Every member of the authority and every employee of the authority who knowingly has any interest, direct or indirect, in any contract to which the authority is or is about to become a party, or in any other business of the authority, or in any firm or corporation doing business with the authority shall make full disclosure of such interest to the authority. Failure to disclose such an interest shall constitute cause for which a member of the authority may be removed or an employee discharged or otherwise disciplined at the discretion of the authority.
(b)
The provisions of Article 1 of Chapter 10 of Title 16 and Code Sections
16-10-21
,
16-10-22
,
16-10-92
, and
16-10-93
, regulating the conduct of officers, employees, and agents of political subdivisions, municipal and other public corporations, and other public organizations, shall be applicable to the conduct of members, officers, employees, and agents of the authority.
(c)
Any contract or transaction of the authority involving a conflict of interest which is not disclosed under subsection (a) of this Code section, or involving a violation of Article 1 of Chapter 10 of Title 16 or Code Section
16-10-21
,
16-10-22
,
16-10-92
, or
16-10-93
, or involving a violation of any other provision of law regulating conflicts of interest which is applicable to the authority or its members, officers, or employees shall be voidable by the authority.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 7 - PUBLIC AUTHORITIES (§§ 12-3-230 — 12-3-580) › Part 12 - GEORGIA SPORTS HALL OF FAME AUTHORITY (§§ 12-3-560 — 12-3-574) › Section 12-3-574 - Construction and responsibility over project by Department of Economic Development

The Department of Economic Development is authorized to construct, erect, acquire, and exercise custodial responsibility over the project, as defined in this part, the ownership of which shall be in the state. The costs of any such project may be paid from the proceeds of state general obligation or guaranteed revenue debt. The department is authorized to contract with the authority, the State Properties Commission, the Georgia State Financing and Investment Commission, or with any other department, agency, commission, board, official, or person for the construction, operation, maintenance, funding, design, or use of such project.
Added by 2005 Ga. Laws 58,§ 15, eff. 4/26/2005.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 7 - PUBLIC AUTHORITIES (§§ 12-3-230 — 12-3-580) › Part 13 - [REPEALED] GEORGIA GOLF HALL OF FAME AUTHORITY (§ 12-3-580) › Section 12-3-580 - through 12-3-592 - [Repealed]

Repealed by 2010 Ga. Laws 547,§ 1, eff. 6/4/2010.
Amended by 2005 Ga. Laws 58,§ 16, eff. 4/26/2005.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 8 - NONGAME WILDLIFE CONSERVATION AND WILDLIFE HABITAT ACQUISITION PROGRAMS (§§ 12-3-600 — 12-3-602) › Section 12-3-600 - Legislative findings; policy of state

The General Assembly finds that it is in the best interest of the state to provide for the conservation of nongame species of wildlife for the benefit and nonconsumptive use of the citizens of Georgia. Historically, wildlife conservation programs have been focused on the more recreationally and commercially important game species. As a consequence, such programs have been largely financed by hunting and fishing license revenues and by federal assistance based on excise taxes on certain hunting and fishing equipment. These traditional financing mechanisms are neither adequate nor fully appropriate to meet the needs of nongame wildlife conservation programs and wildlife habitat acquisition programs which enhance the protection of nongame species. It is the policy of this state to enable and encourage citizens voluntarily to support nongame wildlife conservation programs and wildlife habitat acquisition programs.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 8 - NONGAME WILDLIFE CONSERVATION AND WILDLIFE HABITAT ACQUISITION PROGRAMS (§§ 12-3-600 — 12-3-602) › Section 12-3-601 - Definitions

As used in this article, the term:
(1)
"Department" means the Department of Natural Resources.
(2)
"Nongame wildlife" means all species of flora and fauna indigenous to Georgia which are not legally taken through hunting, fishing, trapping, or otherwise.
(3)
"Wildlife" means all species of flora and fauna indigenous to Georgia.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 9 - PROTECTION OF ARCHEOLOGICAL, ABORIGINAL, PREHISTORIC, AND HISTORIC SITES (§§ 12-3-620 — 12-3-640) › Section 12-3-620 - Definitions

As used in this article, the term:
(1)
"American Indian" means an individual who is a member of a nation, tribe, band, group, or community that was indigenous to Georgia; is a descendant of persons named as American Indians in the Georgia Senate Bill 89, enacted during the legislative session of 1839 (Ga. L. 1839, p. 374); or is a descendant of persons included in the United States Indian Claims Commission, Docket 21, 1962, and those sequel dockets pertaining to the Creek Nation east of the Mississippi.
(2)
"Burial object" means an object that, as a part of the death rite or ceremony of a culture, is reasonably believed to have been placed with individual human remains either at the time of death or later. Such term includes any item defined in paragraph (4) of Code Section
36-72-2
and may also include but not be limited to urns; whole or broken ceramic, metal, or glass vessels; chipped stone tools; ground stone tools; worked bone and shell items; clothing; medals; buttons; jewelry; firearms; edged weapons; and the caskets or containers for the human remains.
(3)
"Council" means the Council on American Indian Concerns established by Code Section
44-12-280
.
(4)
"Human remains" means the bodies of deceased human beings in any stage of decomposition, including cremated remains.
(5)
"Object of cultural patrimony" means an object having ongoing historical, traditional, or cultural importance central to a group or culture itself, rather than property owned by an individual, and which, therefore, cannot be alienated, appropriated, or conveyed by any individual regardless of whether or not the individual is a member of a tribe or an organization.
(6)
"Sacred object" means a specific ceremonial object which is used by a religious leader for the practice of a religion by the present day adherents of such religion.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 9 - PROTECTION OF ARCHEOLOGICAL, ABORIGINAL, PREHISTORIC, AND HISTORIC SITES (§§ 12-3-620 — 12-3-640) › Section 12-3-622 - Buying, selling, trading, importing, or exporting American Indian burial, sacred, or cultural objects

(a)
After December 1, 1992, it shall be unlawful for any person to buy, sell, trade, import, or export for purposes of buying, selling, or trading for profit any American Indian burial object, sacred object, or object of cultural patrimony, with knowledge that the object is an American Indian burial or sacred object or an object of cultural patrimony.
(b)
Any person who violates the provisions of subsection (a) of this Code section is guilty of a misdemeanor and, upon conviction thereof, may be punished by a fine not to exceed $500.00 for each burial object, sacred object, or object of cultural patrimony involved in such violation.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 9 - PROTECTION OF ARCHEOLOGICAL, ABORIGINAL, PREHISTORIC, AND HISTORIC SITES (§§ 12-3-620 — 12-3-640) › Section 12-3-640 - Designation

In recognition of the many beautiful and outstanding gardens and nature centers of the State of Georgia, the following gardens and nature centers and such others as may hereafter be designated by resolution of the General Assembly are designated as the official gardens and nature centers of Georgia: Atlanta Botanical Gardens in Fulton County, Barnsley Garden in Bartow County, Bullock Hall in Fulton County, Brumby Hall and Gardens in Cobb County, Callaway Gardens in Harris County, Chateau Elan in Barrow County, Chattahoochee Nature Center in Fulton County, Fernbank Forest in DeKalb County, Governor's Mansion in Fulton County, Lanier Museum of Natural History in Gwinnett County, Massee Lane Gardens of the American Camellia Society in Peach County, Rock City Gardens in Walker County, Rosalyn Carter Rose Garden at the Carter Center in Fulton County, Stone Mountain Park in Gwinnett and DeKalb counties, Vines Botanical Gardens in Gwinnett County, William H. Reynolds Memorial Nature Reserve in Clayton County, Thomasville Rose Garden in Thomasville, Birdsong Nature Center in Thomasville, Providence Canyon State Conservation Park in Lumpkin, Florence Marina State Park in Omaha, Oxbow Meadows Environmental Learning Center in Columbus, Columbus Riverwalk in Columbus, Founder's Park in Columbus, Columbus Museum Gardens in Columbus, LaGrange Square in LaGrange, Oak Grove Plantation and Gardens in Newnan, Pine Mountain Trail and FDR State Park nature trail in Pine Mountain, Grandmother's Garden and Pathways of Gold Park in Sharpsburg, Sprewell Bluff State Park in Thomaston, Georgia Veterans Memorial State Park in Cordele, Chatham County Garden Center and Botanical Gardens in Savannah, Bamboo Farm & Coastal Gardens in Savannah, LeConte Woodmanston National Historic Place in Midway, Athens-Area Gardens in Athens, Athens Welcome Center Garden in Athens, Founder's Memorial Garden in Athens, State Botanical Garden of Georgia in Athens, Fred Hamilton Rhododendron Garden in Hiawassee, Cecil B. Day Butterfly Center in Harris County, and Elachee Nature Science Center in Gainesville. The Department of Economic Development and other public agencies and leaders in this state are encouraged to work together to maximize advertising and other programs which will permit the citizens of this state and other states and nations to learn of the beautiful gardens and nature centers of Georgia.
Amended by 2004 Ga. Laws 569, § 8, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 11 - GEORGIA AGRIRAMA DEVELOPMENT AUTHORITY (§§ 12-3-650 — 12-3-662) › Section 12-3-650 - [Repealed] Definitions

Repealed by 2011 Ga. Laws 245,§ 12, eff. 5/13/2011.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 11 - GEORGIA AGRIRAMA DEVELOPMENT AUTHORITY (§§ 12-3-650 — 12-3-662) › Section 12-3-651 - Redesignated

Renumbered as § 20-3-73.1 by 2011 Ga. Laws 245,§ 12, eff. 5/13/2011.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 11 - GEORGIA AGRIRAMA DEVELOPMENT AUTHORITY (§§ 12-3-650 — 12-3-662) › Section 12-3-652 - to 12-3-661 - [Repealed]

Repealed by 2011 Ga. Laws 245,§ 12, eff. 5/13/2011.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 11 - GEORGIA AGRIRAMA DEVELOPMENT AUTHORITY (§§ 12-3-650 — 12-3-662) › Section 12-3-662 - Redesignated

Renumbered as § 20-3-73.2by 2011 Ga. Laws 245,§ 12, eff. 5/13/2011.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 12 - [REPEALED] (§ 12-3-680) › Section 12-3-680 - through 12-3-708 - [Reserved and Repealed]

Repealed by Ga. L. 2008, p. 1015, § 4/SB 344, effective May 14, 2008.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 4 - MINERAL RESOURCES AND CAVES (§§ 12-4-1 — 12-4-147) › Article 1 - GENERAL PROVISIONS (§ 12-4-1) › Section 12-4-1 - Powers and duties of Environmental Protection Division as to mineral and geological resources

(a)
The Environmental Protection Division of the Department of Natural Resources shall:
(1)
Conduct studies in the field for the purposes expressed in this subsection;
(2)
Map and prepare reports of the geological and mineral resources of the state;
(3)
Prepare, or cooperate in preparing, topography maps for use as base maps in the geological field study and in mining development, and for use in planning power developments, agriculture and reclamation work, and highways;
(4)
Make hydrographic surveys which are deemed by the division to be advantageous to the mining and milling of mineral deposits, to the utilization of waterpower, or to reclamation, or which are deemed to constitute proper cooperative investigations with other departments of the state or federal governments in aid of laboratory research relating to mining and to metallurgical problems of the state's mining and mineral industry; and
(5)
Publish in print or electronically bulletins embodying reports provided by the division.
(b)
It shall be the duty of the division to conduct cooperative work relating to mines, mining, and geology with the departments and bureaus of the United States government, provided that the federal expenditure for such work shall at least equal that of the state.
(c)
The director of the Environmental Protection Division of the Department of Natural Resources may appoint technical assistants who shall be in the classified service as defined by Code Section
45-20-2
.
(d)
The functions, duties, and powers of the former Department of Mines, Mining, and Geology are transferred to and vested in the Environmental Protection Division of the Department of Natural Resources.
(e)
The Environmental Protection Division of the Department of Natural Resources shall have charge of the work of mines, mining, and geology.
Amended by 2012 Ga. Laws 630,§ 2-6, eff. 7/1/2012.
Amended by 2010 Ga. Laws 615,§ 10, eff. 6/3/2010.
Amended by 2009 Ga. Laws 155,§ 2, eff. 5/5/2009.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 4 - MINERAL RESOURCES AND CAVES (§§ 12-4-1 — 12-4-147) › Article 2 - MINING AND DRILLING (§§ 12-4-20 — 12-4-84) › Part 1 - OIL WELL REWARD (§§ 12-4-20 — 12-4-22) › Section 12-4-20 - Amount of reward; eligibility for reward

There shall be paid the sum of $250,000.00 to the first person, firm, or corporation, or combination thereof, which puts down and brings in the first commercial oil well in this state, provided that such well must produce at least 100 barrels of oil per day. The determination as to whether such well is producing this amount is vested in the commissioner of natural resources.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 4 - MINERAL RESOURCES AND CAVES (§§ 12-4-1 — 12-4-147) › Article 2 - MINING AND DRILLING (§§ 12-4-20 — 12-4-84) › Part 1 - OIL WELL REWARD (§§ 12-4-20 — 12-4-22) › Section 12-4-21 - Manner of distribution of reward

Such amount shall be distributed as follows:
(1)
The sum of $50,000.00 to the owner or owners of the minerals or the property, or both, where the well is drilled, to be divided, where there are multiple owners of the minerals, among them in the proportion of their respective interest therein; provided, however, that the owner or owners of any mineral interest which does not include oil shall not share in such payment;
(2)
The sum of $100,000.00 to the company or individual, or combination of persons, firms, and corporations, which drills or causes to be drilled such oil well, being those persons, firms, or corporations which own the working interest in the well as "working interest" is known and defined in the oil industry;
(3)
The sum of $87,500.00 to the contractor who furnishes the equipment for the drilling of such well, and who performs the job of drilling and completion of the well, provided that if there is more than one contractor, such sum shall be divided only between or among those who engage in drilling the well and in completing same for production and who carry out and complete their contracts;
(4)
The sum of $12,500.00 to be equally divided among the workmen and employees actually engaged in the job of drilling and completing the well, being those persons certified to the Governor by the contractor or contractors, or owners of the working interest, or both, as being his or their bona fide employees who were working on the job when the drilling, or completion of the well for production, or the contractor's contract, was completed, or who otherwise carried out and completed their employment.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 4 - MINERAL RESOURCES AND CAVES (§§ 12-4-1 — 12-4-147) › Article 2 - MINING AND DRILLING (§§ 12-4-20 — 12-4-84) › Part 1 - OIL WELL REWARD (§§ 12-4-20 — 12-4-22) › Section 12-4-22 - Authorization for Governor to make payments from surplus or contingent funds

The Governor is authorized to make the payments provided for in this part from the surplus or the contingent funds, or both, of the state.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 4 - MINERAL RESOURCES AND CAVES (§§ 12-4-1 — 12-4-147) › Article 2 - MINING AND DRILLING (§§ 12-4-20 — 12-4-84) › Part 2 - DEEP DRILLING FOR OIL, GAS, AND OTHER MINERALS (§§ 12-4-40 — 12-4-54) › Section 12-4-40 - Short title

This part shall be known and may be cited as the "Oil and Gas and Deep Drilling Act of 1975."
Amended by 2018 Ga. Laws 481,§ 1, eff. 5/8/2018.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 4 - MINERAL RESOURCES AND CAVES (§§ 12-4-1 — 12-4-147) › Article 2 - MINING AND DRILLING (§§ 12-4-20 — 12-4-84) › Part 2 - DEEP DRILLING FOR OIL, GAS, AND OTHER MINERALS (§§ 12-4-40 — 12-4-54) › Section 12-4-41 - Legislative findings and declaration of policy

The General Assembly finds and declares that its duty to protect the health, safety, and welfare of the citizens of this state requires that adequate protection of underground fresh water supplies be assured in any drilling operation which may penetrate through any stratum which contains fresh water. This duty further requires that adequate protection be assured in any drilling or the use of such drilled wells in certain other environmentally sensitive areas or in other circumstances where the result of such drilling and use may endanger the health, safety, and welfare of the citizens of this state. It is not the policy of the General Assembly to regulate the drilling of shallow exploration or engineering holes except in such environmentally sensitive areas as defined in this part. The General Assembly further finds and declares that oil and gas exploration to identify new sources of energy should not occur at the expense of our important natural resources such as residential, municipal, and industrial supplies of fresh water. The General Assembly further finds and declares that it should continue to encourage oil and gas exploration. The General Assembly further finds and declares that with an increase in oil exploration, it must provide assurances to persons engaging in such exploration that adequate safeguards regarding results of exploration will remain privileged information for a specified time. The General Assembly further finds and declares that it is in the public interest to obtain, protect, and disseminate all possible geologic information associated with drilling operations in order to further the purposes of future energy related research.
Amended by 2018 Ga. Laws 481,§ 1, eff. 5/8/2018.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 4 - MINERAL RESOURCES AND CAVES (§§ 12-4-1 — 12-4-147) › Article 2 - MINING AND DRILLING (§§ 12-4-20 — 12-4-84) › Part 2 - DEEP DRILLING FOR OIL, GAS, AND OTHER MINERALS (§§ 12-4-40 — 12-4-54) › Section 12-4-43 - Powers of board as to deep drilling

For the purpose of this part:
(1)
The board shall have the authority to make such inquiries as it may deem necessary into any matter over which it has jurisdiction;
(2)
The board shall have the jurisdiction of and authority over the drilling of and subsequent use of any well for the exploration or production of oil and gas; any well for the exploration or production of any other mineral drilled to a depth greater than 1,800 feet; any well for the exploration or production of any mineral located in the environmentally sensitive area of the coastal zone and which is drilled to a depth sufficient to penetrate the fresh-water aquifer system; any underground storage well with the exception of those wells covered by Article 3 of Chapter 4 of Title 46; any well for the underground disposal of waste materials; any well for the production of fresh water drilled to a depth greater than 1,800 feet; and any well for the exploration or production of brine or salt water;
(3)
The board shall have the authority to regulate the spacing of wells and the production of all oil and gas and the production of any other minerals produced through a well or bore hole in liquid or slurry form to a depth greater than 1,800 feet or located in the environmentally sensitive area; provided, however, that this authority does not extend to the drilling of wells for the production of fresh water used for drinking, residential, industrial, or agricultural purposes, except as provided for in paragraph (2) of this Code section;
(4)
The board shall have the power to adopt and promulgate rules and regulations necessary to effectuate the purposes of this part;
(5)
The board may delegate to the director the administrative duties and powers, including, without limitation, the power to consider and issue permits to drill wells and to establish drilling and operation units, created under the authority of this part; and
(6)
Upon receipt of at least 12 applications during a calendar year for any permit to drill any well for the exploration or production of oil or gas, the board may delegate to the director the authority to create an Oil and Gas Board to review and issue permits and regulate drilling activity. Any such Oil and Gas Board shall consist of the state geologist and three other members appointed by the Governor.
Amended by 2018 Ga. Laws 481,§ 1, eff. 5/8/2018.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 4 - MINERAL RESOURCES AND CAVES (§§ 12-4-1 — 12-4-147) › Article 2 - MINING AND DRILLING (§§ 12-4-20 — 12-4-84) › Part 2 - DEEP DRILLING FOR OIL, GAS, AND OTHER MINERALS (§§ 12-4-40 — 12-4-54) › Section 12-4-47 - Bonds or undertaking by persons conducting drilling operations

(a)
Prior to the issuance of a permit to drill any well covered by this part, the owner, operator, contractor, driller, or other person responsible for the conduct of the drilling operation shall furnish the state a bond or undertaking in the form prescribed by the board and in an amount set by the board, executed by a bonding, surety, or insurance company authorized to do business in this state in the favor of the state. Alternatively, the board in its discretion may require a similar undertaking executed only by such person to ensure a faithful performance of the requirements of this part, of any rules or regulations adopted pursuant thereto, or of any condition of a permit. Such bond or undertaking is intended to protect the state or any citizen thereof from any injury which may result from improper drilling.
(b)
Any bond required under this part shall be released two years from the date of receipt by the director of all geological information required under this part or any rule or regulation adopted pursuant to this part; provided, however, that the director shall have examined and approved the abandoned well for which the bond was furnished.
(c)
No bond required under this part shall exceed $100,000.00.
Amended by 2018 Ga. Laws 481,§ 1, eff. 5/8/2018.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 4 - MINERAL RESOURCES AND CAVES (§§ 12-4-1 — 12-4-147) › Article 2 - MINING AND DRILLING (§§ 12-4-20 — 12-4-84) › Part 2 - DEEP DRILLING FOR OIL, GAS, AND OTHER MINERALS (§§ 12-4-40 — 12-4-54) › Section 12-4-49 - Applicability of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."

In the administration and enforcement of this part, all hearings before an administrative law judge shall be subject to Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." Any party to said hearings (including the director) shall have the right of judicial review in accordance with Chapter 13 of Title 50.
Amended by 2018 Ga. Laws 481,§ 1, eff. 5/8/2018.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 4 - MINERAL RESOURCES AND CAVES (§§ 12-4-1 — 12-4-147) › Article 2 - MINING AND DRILLING (§§ 12-4-20 — 12-4-84) › Part 2 - DEEP DRILLING FOR OIL, GAS, AND OTHER MINERALS (§§ 12-4-40 — 12-4-54) › Section 12-4-50 - Obedience to subpoena required; self-incrimination not a defense; use of evidence in criminal prosecutions

In any contested administrative hearing under this part, no person shall be excused from attending and testifying, or from producing books, papers, and records before the administrative law judge, or from obedience to the subpoena of the administrative law judge, on the ground or for the reason that the testimony or evidence, documentary or otherwise, required by him or her may tend to incriminate him or her or subject him or her to a penalty or forfeiture, provided that nothing contained in this Code section shall be construed as requiring any person to produce any books, papers, or records, or to testify in response to any inquiry, not pertinent to a question lawfully before the administrative law judge for determination. No evidence given by or required of any natural person shall be used or admitted against such a person in any criminal prosecution for any transaction, matter, or thing concerning which he or she may be required to testify or produce evidence, documentary or otherwise, before the administrative law judge in obedience to the subpoena; provided, however, that no person testifying shall be exempt from prosecution and punishment for perjury committed in so testifying.
Amended by 2019 Ga. Laws 321,§ 12, eff. 5/12/2019.
Amended by 2018 Ga. Laws 481,§ 1, eff. 5/8/2018.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 4 - MINERAL RESOURCES AND CAVES (§§ 12-4-1 — 12-4-147) › Article 2 - MINING AND DRILLING (§§ 12-4-20 — 12-4-84) › Part 2 - DEEP DRILLING FOR OIL, GAS, AND OTHER MINERALS (§§ 12-4-40 — 12-4-54) › Section 12-4-51 - Effect of part on other laws

Any provision of Part 2 of Article 3 of Chapter 5 of this title which is inconsistent with this part shall not be repealed by this part and shall govern over this part.
Amended by 2018 Ga. Laws 481,§ 1, eff. 5/8/2018.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 4 - MINERAL RESOURCES AND CAVES (§§ 12-4-1 — 12-4-147) › Article 2 - MINING AND DRILLING (§§ 12-4-20 — 12-4-84) › Part 2 - DEEP DRILLING FOR OIL, GAS, AND OTHER MINERALS (§§ 12-4-40 — 12-4-54) › Section 12-4-52 - Effect of part on authority and functions of other state officers and agencies

This part shall not be construed as limiting the authority or functions of any officer or agency of this state under any other law or regulation not inconsistent with this part.
Amended by 2018 Ga. Laws 481,§ 1, eff. 5/8/2018.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 4 - MINERAL RESOURCES AND CAVES (§§ 12-4-1 — 12-4-147) › Article 2 - MINING AND DRILLING (§§ 12-4-20 — 12-4-84) › Part 2 - DEEP DRILLING FOR OIL, GAS, AND OTHER MINERALS (§§ 12-4-40 — 12-4-54) › Section 12-4-52.1 - Local authority

This part shall not be construed as limiting the authority of local governments to adopt local zoning or land use ordinances limiting the location or timing of activities defined herein for the purposes of protecting natural resources or human health and welfare.
Added by 2018 Ga. Laws 481,§ 1, eff. 5/8/2018.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 4 - MINERAL RESOURCES AND CAVES (§§ 12-4-1 — 12-4-147) › Article 2 - MINING AND DRILLING (§§ 12-4-20 — 12-4-84) › Part 2 - DEEP DRILLING FOR OIL, GAS, AND OTHER MINERALS (§§ 12-4-40 — 12-4-54) › Section 12-4-53 - Prohibited acts

The following activities are prohibited:
(1)
The waste of oil or gas as defined in this part;
(2)
The sale, purchase, or acquisition or the transportation, refining, processing, or handling of illegal minerals or illegal products;
(3)
The sale, purchase, or acquisition or the transportation, refining, processing, or handling in any other way of any mineral, including oil and gas, or any mineral product without complying with this part or any rule or regulation of the board promulgated pursuant to this part;
(4)
Intentionally or negligently permitting any gas or oil well to get out of control;
(5)
The drilling of any well covered by the provisions of this part by any person without a permit for such drilling; and
(6)
Any other violation of any provision of this part or any rule or regulation promulgated under this part.
Amended by 2018 Ga. Laws 481,§ 1, eff. 5/8/2018.
Amended by 2001 Ga. Laws 2, § 12, eff. 2/12/2001.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 4 - MINERAL RESOURCES AND CAVES (§§ 12-4-1 — 12-4-147) › Article 2 - MINING AND DRILLING (§§ 12-4-20 — 12-4-84) › Part 2 - DEEP DRILLING FOR OIL, GAS, AND OTHER MINERALS (§§ 12-4-40 — 12-4-54) › Section 12-4-54 - Levying of severance tax

(a)
As used in this Code section, the term "extractor" means any person removing oil or gas from the ground pursuant to this part.
(b)
(1)
A severance tax shall be levied on oil or gas removed from the ground in this state by an extractor as follows:
(A)
Three cents per barrel of oil; and
(B)
One cent per thousand cubic feet of gas.
(2)
The Department of Revenue shall promulgate rules and regulations as necessary to implement and administer the provisions of this subsection and shall promulgate and make available forms for the use of extractors to assist in compliance with this subsection.
(c)
(1)
In addition to the tax provided for in subsection (b) of this Code section, the governing authority of each county and each municipal corporation is authorized to provide by local ordinance or resolution for the levy, assessment, and collection of a severance tax on oil or gas removed from the ground by an extractor within the jurisdiction of such county or municipality as follows:
(A)
An amount not to exceed nine cents per barrel of oil; and
(B)
An amount not to exceed two cents per thousand cubic feet of gas.
(2)
The severance tax provided for in paragraph (1) of this subsection shall be collected by the Department of Revenue in the same manner and under the same procedures as provided for pursuant to subsection (b) of this Code section on behalf of each county and municipality electing to exercise the powers conferred herein and shall be remitted to each such county and municipality accordingly.
Added by 2018 Ga. Laws 481,§ 1, eff. 5/8/2018.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 4 - MINERAL RESOURCES AND CAVES (§§ 12-4-1 — 12-4-147) › Article 2 - MINING AND DRILLING (§§ 12-4-20 — 12-4-84) › Part 3 - SURFACE MINING (§§ 12-4-70 — 12-4-84) › Section 12-4-70 - Short title

This part shall be known and may be cited as the "Georgia Surface Mining Act of 1968."
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 4 - MINERAL RESOURCES AND CAVES (§§ 12-4-1 — 12-4-147) › Article 2 - MINING AND DRILLING (§§ 12-4-20 — 12-4-84) › Part 3 - SURFACE MINING (§§ 12-4-70 — 12-4-84) › Section 12-4-71 - Legislative purpose; duty of Environmental Protection Division to administer part

(a)
The purposes of this part are:
(1)
To assist in achieving and maintaining an efficient and productive mining industry and to assist in increasing economic and other benefits attributable to mining;
(2)
To advance the protection of fish and wildlife and the protection and restoration of land, water, and other resources affected by mining;
(3)
To assist in the reduction, elimination, or counteracting of pollution or deterioration of land, water, and air attributable to mining;
(4)
To encourage programs which will achieve comparable results in protecting, conserving, and improving the usefulness of natural resources to the end that the most desirable conduct of mining and related operations may be universally facilitated;
(5)
To assist in efforts to facilitate the use of land and other resources affected by mining so that such use may be consistent with sound land use, public health, and public safety, and to this end to study and recommend, wherever desirable, techniques for the improvement, restoration, or protection of such land and other resources.
(b)
The Environmental Protection Division of the department shall administer this part consistent with the above-stated purposes.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 4 - MINERAL RESOURCES AND CAVES (§§ 12-4-1 — 12-4-147) › Article 2 - MINING AND DRILLING (§§ 12-4-20 — 12-4-84) › Part 3 - SURFACE MINING (§§ 12-4-70 — 12-4-84) › Section 12-4-73 - Powers and duties of division as to surface mining generally; division may decline to assert jurisdiction

(a)
The division shall have the following powers and duties:
(1)
To administer and enforce this part and all reasonable rules and regulations promulgated under this part to issue such orders as may be necessary to enforce compliance therewith;
(2)
To examine and pass upon permit applications of operators;
(3)
To examine and pass upon surface mining land use plans submitted by operators;
(4)
To make investigations and inspections;
(5)
To revoke permits, deny renewals, and forfeit bonds or cash of mine operators who refuse to carry out their plans of mining land use;
(6)
To collect information on surface mining and mining land use plans;
(7)
To collect, publish in print or electronically, and distribute information on mining land uses;
(8)
To accept moneys that are available from government units and private organizations;
(9)
To conduct research studies of mining land uses;
(10)
To carry out land use projects on land where bonds or cash have been forfeited, using funds available for such purposes;
(11)
To institute and prosecute all such court actions as may be necessary to obtain the enforcement of any order issued by the division in carrying out this part; and
(12)
To exercise all incidental powers necessary to carry out the purposes of this part.
(b)
The powers and duties described in this Code section may be exercised and performed by the division through such duly authorized agents and employees as it deems necessary and proper.
(c)
The division may decline to assert jurisdiction under this part over any class or category of mines where, in the opinion of the division, the effect of the operations of such mines is not sufficiently substantial to warrant the exercise of jurisdiction under this part.
Amended by 2010 Ga. Laws 615,§ 10, eff. 6/3/2010.