reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES ONLY (§§ 36-1-1 — 36-23-01) › Chapter 17 - GRANTS OF STATE FUNDS TO COUNTIES (§§ 36-17-1 — 36-17-25) › Article 2 - GRANTS TO COUNTIES FOR COUNTY ROADS AND MAINTENANCE (§§ 36-17-20 — 36-17-25) › Section 36-17-25 - Administration of article by state revenue commissioner; promulgation of rules and regulations

It shall be the duty of the state revenue commissioner to administer this article. The commissioner shall have the authority to promulgate such rules and regulations as he may deem necessary for the effective administration of this article.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES ONLY (§§ 36-1-1 — 36-23-01) › Chapter 18 - REGULATION OF CABLE TELEVISION SYSTEMS (§§ 36-18-1 — 36-18-5) › Section 36-18-1 - "Cable television system" defined

As used in this chapter, the term "cable television system" means a nonbroadcast facility consisting of a set of transmission paths and associated generation, reception, transmission, and control equipment, under common ownership and control, that distributes or is designed to distribute to subscribers the signals of one or more television broadcast stations and programs received via satellite, microwave, video tape, or video discs or produced by the franchised cable system.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES ONLY (§§ 36-1-1 — 36-23-01) › Chapter 18 - REGULATION OF CABLE TELEVISION SYSTEMS (§§ 36-18-1 — 36-18-5) › Section 36-18-2 - Powers of governing authorities

The governing authority of each county in this state is authorized to limit the operation of cable television systems within its territorial limits, except as limited by Code Section
36-18-3
, to operators licensed and franchised by the county; to grant, in its sole discretion, one or more franchise licenses for the operation of cable television systems within the territorial limits of that county, except as limited by Code Section
36-18-3
; and to regulate by ordinance or resolution the operation of cable television systems licensed and franchised by that county. The governing authority of each such county, in connection with the grant of such franchises, is further authorized to charge franchise fees to cable television systems for the right to operate the systems within the unincorporated areas of the county and within any incorporated areas which are subject to the limitation contained in Code Section
36-18-3
. Cable television system franchise fees shall be negotiated between each county and each franchisee, in an amount not to exceed that amount authorized under applicable federal law and regulations.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES ONLY (§§ 36-1-1 — 36-23-01) › Chapter 18 - REGULATION OF CABLE TELEVISION SYSTEMS (§§ 36-18-1 — 36-18-5) › Section 36-18-3 - Restriction on authority of counties and municipalities to regulate

A county shall neither grant a franchise nor collect a franchise fee for the operation of cable television systems within the corporate limits of any municipality except by agreement with the municipality. A municipality shall neither grant a franchise nor collect a franchise fee for the operation of cable television systems within the unincorporated area of a county except by agreement with the county.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES ONLY (§§ 36-1-1 — 36-23-01) › Chapter 18 - REGULATION OF CABLE TELEVISION SYSTEMS (§§ 36-18-1 — 36-18-5) › Section 36-18-4 - Intent and construction of chapter

It is the intent of this chapter to confirm expressly the authority of counties to grant franchises for, and to regulate by ordinance or resolution, cable television systems within their territorial limits, except as limited by Code Section
36-18-3
. Nothing in this chapter shall be construed to impair any cable television system franchise license lawfully issued by a county or municipality prior to April 9, 1981; and any such license shall be entitled to the benefits of this chapter.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES ONLY (§§ 36-1-1 — 36-23-01) › Chapter 18 - REGULATION OF CABLE TELEVISION SYSTEMS (§§ 36-18-1 — 36-18-5) › Section 36-18-5 - Applicability of chapter

This chapter shall not apply to any cable television system owned or operated by a city, a county, or a school system as to operations within the geographical area of such city, county, or school system.
Amended by 2004 Ga. Laws 782, § 1, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES ONLY (§§ 36-1-1 — 36-23-01) › Chapter 20 - COUNTY LEADERSHIP TRAINING (§§ 36-20-1 — 36-20-9) › Section 36-20-1 - Short title

This chapter shall be known and may be cited as the "Georgia County Leadership Act."
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES ONLY (§§ 36-1-1 — 36-23-01) › Chapter 20 - COUNTY LEADERSHIP TRAINING (§§ 36-20-1 — 36-20-9) › Section 36-20-2 - Legislative findings and intent

The General Assembly finds and declares that it is in the best interests of the citizens of this state to require newly elected members of a county governing authority, prior to taking office, to attend a course of training and education on matters pertaining to the administration and operation of county government. The purpose of such course shall be to instruct such individuals in the powers, duties, and responsibilities of their positions of public trust.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES ONLY (§§ 36-1-1 — 36-23-01) › Chapter 20 - COUNTY LEADERSHIP TRAINING (§§ 36-20-1 — 36-20-9) › Section 36-20-3 - Definitions

As used in this chapter, the term:
(1)
"Academy" means the Georgia County Leadership Academy.
(2)
"Board" means the Board of the Georgia County Leadership Academy.
(3)
"County governing authority" means the governing authority as defined in paragraph (7) of Code Section
1-3-3
and an elected chief executive officer of a county.
(4)
"State" means the State of Georgia and any department, board, bureau, commission, or other agency thereof.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES ONLY (§§ 36-1-1 — 36-23-01) › Chapter 20 - COUNTY LEADERSHIP TRAINING (§§ 36-20-1 — 36-20-9) › Section 36-20-4 - Training of elected members of county governing authority

(a)
All persons elected as members of a county governing authority who were not serving as members of a county governing authority on July 1, 1990, shall enroll in, attend, and satisfactorily complete a course of training and education of at least 18 hours on matters pertaining to the administration and operations of county governments. Such course of training and education shall include, but not be limited to, orientation in local government finance and budgeting; methods of taxation; planning; public works and utilities; parks and recreation; environmental management; public safety, health, and welfare; personnel management; responsiveness to the community; the ethics, duties, and responsibilities of members of a county governing authority or a chief executive officer; and such other matters as may be deemed necessary and appropriate by the academy.
(b)
All expenses incurred by a newly elected member of a county governing authority related to the course of training and education authorized and required by subsection (a) of this Code section, including the reasonable costs of housing, travel, and meals, shall be paid from public funds appropriated for such purposes. All expenses not paid for by state funds shall be paid from county funds by the county governing authority whose newly elected member or members shall attend such course.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES ONLY (§§ 36-1-1 — 36-23-01) › Chapter 20 - COUNTY LEADERSHIP TRAINING (§§ 36-20-1 — 36-20-9) › Section 36-20-5 - Georgia County Leadership Academy

(a)
There is created and established the Georgia County Leadership Academy. Except as otherwise provided in Code Section
36-20-4
, all costs of operating and conducting the academy shall be paid for from public funds appropriated for such purposes.
(b)
The academy shall have the power, duty, and authority to design, implement, and administer the course of training and education required by Code Section
36-20-4
.
(c)
The initial course of training and education required by Code Section
36-20-4
shall be conducted by the academy on the Tuesday after the first Monday in November of 1990 and completed before January 1, 1991. Subsequent courses shall be conducted by the academy biennially between the Tuesday after the first Monday in November and before January 1 of the following year or as otherwise changed by general law. The academy shall have sole responsibility for determining the exact date or dates the course of training and education shall be conducted.
(d)
The academy shall establish guidelines and procedures to permit any person elected or appointed as a member of a county governing authority after January 1 of a calendar year or any person who is unable to attend or complete the course of training and education when offered by the academy due to medical disability, providential cause, or any other reason deemed sufficient by the academy, to comply with the requirements of Code Section
36-20-4
.
(e)
The academy shall perform such other duties and have such other powers and authority as may be necessary and proper or as prescribed by general law.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES ONLY (§§ 36-1-1 — 36-23-01) › Chapter 20 - COUNTY LEADERSHIP TRAINING (§§ 36-20-1 — 36-20-9) › Section 36-20-6 - Board supervision of Georgia County Leadership Academy

(a)
The academy shall be under the direction and supervision of the board of the Georgia County Leadership Academy. The board shall have the power and duty to organize, administer, control, oversee, and advise the academy so that the academy is operated in accordance with the provisions of this chapter.
(b)
The academy is assigned to the Department of Community Affairs for administrative purposes only, as prescribed in Code Section
50-4-3
.
Amended by 2020 Ga. Laws 521,§ 36, eff. 7/29/2020.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES ONLY (§§ 36-1-1 — 36-23-01) › Chapter 20 - COUNTY LEADERSHIP TRAINING (§§ 36-20-1 — 36-20-9) › Section 36-20-7 - Membership of board

The board shall consist of seven members and shall be composed of the commissioner of the Department of Community Affairs, the director of the Carl Vinson Institute of Government of the University of Georgia, the administrator of Governmental Training of the Carl Vinson Institute of Government of the University of Georgia, the president of the Association County Commissioners of Georgia, the executive director of the Association County Commissioners of Georgia, and two members appointed by the Governor. Members of the board appointed by the Governor shall serve for four-year terms.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES ONLY (§§ 36-1-1 — 36-23-01) › Chapter 20 - COUNTY LEADERSHIP TRAINING (§§ 36-20-1 — 36-20-9) › Section 36-20-8 - Acceptance by board of federal, state, or local appropriations, grants, or contributions; authority to enter into contracts, leases, or agreements

(a)
The board may accept appropriations, grants, gifts, donations, or contributions 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, firm, or corporation, public or private; and any individual or groups of individuals in furtherance of the services, purposes, duties, responsibilities, or functions vested in the board and academy.
(b)
The board is authorized to make such contracts, leases, or agreements as may be necessary and convenient to carry out the duties and purposes for which the board is created. The board is authorized to enter into contracts, leases, or agreements with any person, firm, or corporation, public or private, upon such terms and for such purposes as may be deemed advisable by the board.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES ONLY (§§ 36-1-1 — 36-23-01) › Chapter 20 - COUNTY LEADERSHIP TRAINING (§§ 36-20-1 — 36-20-9) › Section 36-20-9 - Report on accomplishments of academy

On or before February 1 of each year, the director of the Carl Vinson Institute of Government, on behalf of the board, shall make a report to the Governor, the chairman of the Senate State and Local Governmental Operations Committee, and the chairman of the State Planning and Community Affairs Committee of the House of Representatives. The report shall include a summary of the accomplishments of the academy during the preceding calendar year, including, but not limited to, the total number of members of a county governing authority who attended the course of training and education offered by the academy; an outline of the academy's programs for the current calendar year; an evaluation of the programs and services offered by the academy; and recommendations, if any, for legislation as may be necessary to improve the programs and services offered by the academy.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES ONLY (§§ 36-1-1 — 36-23-01) › Chapter 21 - GROUP HEALTH BENEFITS PROGRAM (§§ 36-21-1 — 36-21-10) › Section 36-21-1 - Legislative intent

It is declared to be the intent of the General Assembly that a method be provided whereby counties and certain other entities of this state may, in the discretion of their respective governing bodies, provide group health and other employee benefits to their employees through a common administrative and investment system. Such a system based on joint participation will permit counties and other entities, regardless of size, to provide certain benefits to their employees, will reduce overall administrative costs which might be prohibitive if undertaken individually, and will make possible better investment opportunities. It is intended that this chapter be liberally construed to effectuate this intent.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES ONLY (§§ 36-1-1 — 36-23-01) › Chapter 21 - GROUP HEALTH BENEFITS PROGRAM (§§ 36-21-1 — 36-21-10) › Section 36-21-2 - Definitions

As used in this chapter, the term:
(1)
"Benefit system" or "system" means the plan or plans of employee benefits offered and administered pursuant to this chapter.
(2)
"Board" means the board of directors of the ACCG Group Health Benefits Program, Inc.
(3)
"Contract" means a contract executed pursuant to this chapter between the board and a county.
(4)
"Corporation" means the ACCG Group Health Benefits Program, Inc., a corporation established under Chapter 3 of Title 14, the "Georgia Nonprofit Corporation Code," created to provide benefits pursuant to this chapter.
(5)
"County" means the group health benefits program operated by the corporation; the Association County Commissioners of Georgia and any affiliate; any Georgia county government; any consolidated city-county government; or any public authority, commission, board, or similar body created or activated by an Act of the General Assembly or by resolution or ordinance of the county governing authority, individually or jointly with any other political subdivision or subdivisions of the State of Georgia, pursuant to the Constitution or an Act of the General Assembly and which carries out its function on a county-wide basis, a multicounty basis, or wholly within the unincorporated area of a county.
(6)
"Employee" means any salaried or hourly rated person employed by a county. Notwithstanding any laws to the contrary, the term also includes any appointed or elected member of the governing authority of a county, the chief legal officer and any associate legal officer, and any other elected or appointed county official.
(7)
"Employee benefits" means group health benefits, group short-term disability benefits, group death benefits, group accidental death and dismemberment benefits, and such other benefits as from time to time the board may deem advisable.
(8)
"Member county" means a county which has contracted to become a member of the benefit system as provided for in this chapter.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES ONLY (§§ 36-1-1 — 36-23-01) › Chapter 21 - GROUP HEALTH BENEFITS PROGRAM (§§ 36-21-1 — 36-21-10) › Section 36-21-3 - Corporation governed by a board of directors; powers, duties, and operations; bond; administrative expenses

(a)
Any county in this state may enter into a contract with the board for the purpose of providing employee benefits to its employees.
(b)
The corporation shall be governed by a board of directors, which shall be appointed and shall serve in accordance with the bylaws of the corporation. The board shall be authorized to operate and administer the benefit system in accordance with its bylaws and such other rules and regulations as may be established by the board as necessary or desirable for the administration of the benefit system.
(c)
The board shall maintain a fidelity bond, and errors and omissions coverage or other appropriate liability insurance, in an amount deemed sufficient by the board.
(d)
The administrative expenses of the board, including all operational expenses, fees, compensation, and other costs, shall be paid from funds held by it and may be chargeable by it to either principal or income or both, as determined by it, as of any valuation date. Further, the board shall have the authority to allocate expenses among member counties on the basis of costs.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES ONLY (§§ 36-1-1 — 36-23-01) › Chapter 21 - GROUP HEALTH BENEFITS PROGRAM (§§ 36-21-1 — 36-21-10) › Section 36-21-4 - Annual audits

The benefit system authorized 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 member counties.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES ONLY (§§ 36-1-1 — 36-23-01) › Chapter 21 - GROUP HEALTH BENEFITS PROGRAM (§§ 36-21-1 — 36-21-10) › Section 36-21-5 - Establishment of benefit plans

(a)
(1)
The board has the power to establish one or more plans which may be adopted by any county that meets the criteria established by the board. The employees to be covered, the benefits to be provided, and the terms and conditions for benefits shall be provided in the plan. A county is empowered to adopt such a plan by ordinance and to execute an agreement with the board to provide employee benefits as provided in the plan. The agreement and plan entered into by each member county may constitute a separate plan, unless the contract between the board and one or more counties specifically provides that funds of the counties are to be pooled and treated as a single plan. A plan providing employee benefits may provide for the method of funding such benefits through the use of insurance, self-funding, or otherwise.
(2)
Any agreement between the board and a county which provides for self-funded benefits shall contain a provision that such benefits are to be provided, to the extent fixed in the plan, by the county and that the corporation does not guarantee the benefits.
(b)
The board is authorized to specify in the plan reasonable employee classifications.
(c)
Counties are authorized to appropriate funds to provide the benefits specified in such plan and to pay their portion of the administrative costs of the board in administering the system. Each county is authorized to pay the total contribution on behalf of its employees or to provide that a portion be deducted from the salaries of participating employees.
(d)
Contributions paid by a county shall be paid from county funds which are on hand or which will be collected in the year the contribution is made and shall not be deemed to create a debt of the county.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES ONLY (§§ 36-1-1 — 36-23-01) › Chapter 21 - GROUP HEALTH BENEFITS PROGRAM (§§ 36-21-1 — 36-21-10) › Section 36-21-6 - Investment of funds

The board is authorized to invest and reinvest funds held by it, in accordance with the bylaws of the corporation, in any investments which are legal investments for domestic insurance companies under the laws of this state or in any investments authorized for trustees of private employee benefit plans by the federal Employees Retirement Income Security Act of 1974, as amended.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES ONLY (§§ 36-1-1 — 36-23-01) › Chapter 21 - GROUP HEALTH BENEFITS PROGRAM (§§ 36-21-1 — 36-21-10) › Section 36-21-7 - Funds not subject to process, levy, or attachment; nonassignability

Funds held by the board of trustees or for its account shall not be subject to process, levy, or attachment; nor shall benefits arising under this chapter or any contract pursuant to this chapter be assignable unless otherwise specifically permitted under the plan of benefits.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES ONLY (§§ 36-1-1 — 36-23-01) › Chapter 21 - GROUP HEALTH BENEFITS PROGRAM (§§ 36-21-1 — 36-21-10) › Section 36-21-8 - Chapter exempt from regulation under Title 33

The provision of employee benefits pursuant to this chapter shall not be subject to regulation under Title 33.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES ONLY (§§ 36-1-1 — 36-23-01) › Chapter 21 - GROUP HEALTH BENEFITS PROGRAM (§§ 36-21-1 — 36-21-10) › Section 36-21-9 - Tax-exempt status

The employee benefit system shall be exempt from state and local taxes and fees.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES ONLY (§§ 36-1-1 — 36-23-01) › Chapter 21 - GROUP HEALTH BENEFITS PROGRAM (§§ 36-21-1 — 36-21-10) › Section 36-21-10 - State debt not created

Nothing in this chapter shall create a debt of the State of Georgia.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES ONLY (§§ 36-1-1 — 36-23-01) › Chapter 22 - REDESIGNATED (§ 36-22-1) › Section 36-22-1 - through 36-22-15 - Redesignated

Repealed by 2008 Ga. Laws 398,§ 1-1, eff. 7/1/2008.
Amended by 2006 Ga. Laws 453,§ 36, eff. 4/14/2006.
Amended by 2005 Ga. Laws 32,§ 2, eff. 4/14/2005.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 30 - GENERAL PROVISIONS (§§ 36-30-1 — 36-30-13) › Section 36-30-1 - Meaning of terms "city," "town," "municipality," or "village"

Wherever the words "city," "town," "municipality," or "village" appear in the statutory laws of this state, such words shall be construed as synonymous, and the General Assembly so declares this to be its intention in the use of these words; such words shall be held to mean a municipal corporation as defined by statutory law and judicial interpretation.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 30 - GENERAL PROVISIONS (§§ 36-30-1 — 36-30-13) › Section 36-30-2 - Management and disposition of property

The council or other governing body of a municipal corporation has discretion in the management and disposition of its property. Where such discretion is exercised in good faith, equity will not interfere therewith.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 30 - GENERAL PROVISIONS (§§ 36-30-1 — 36-30-13) › Section 36-30-4 - Eligibility of members of municipal councils or boards of aldermen for other municipal offices

A councilman or alderman of a municipal corporation shall be ineligible to hold any other municipal office during the term of office for which the councilman or alderman was chosen unless he first resigns as councilman or alderman before entering such other office. This Code section shall apply to all elected officials of a municipal corporation.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 30 - GENERAL PROVISIONS (§§ 36-30-1 — 36-30-13) › Section 36-30-5 - Inclusion of residency in annexed territory in computing period of residence necessary to qualify for office

Whenever the charter of any incorporated municipality provides for a prior period of residency in the municipality as a qualification for the election or appointment of any person to any office or position in the municipal government, residence in territory which is afterwards annexed to the municipality shall be deemed residence within the municipality for the purpose of computing the period of residence to make one eligible to hold such office or position.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 30 - GENERAL PROVISIONS (§§ 36-30-1 — 36-30-13) › Section 36-30-6 - Voting upon questions by interested councilmembers

It is improper and illegal for a member of a municipal council to vote upon any question brought before the council in which he is personally interested.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 30 - GENERAL PROVISIONS (§§ 36-30-1 — 36-30-13) › Section 36-30-7 - Authorization and procedure for surrender of corporate charter

A municipal corporation in this state is authorized to surrender its corporate charter when such municipal corporation has not functioned under the corporate charter for a period of ten years, by petitioning the superior court of the county in which the municipal corporation lies, such petition being made by a majority of the registered voters of the nonfunctioning municipal corporation. Thereupon, the judge of the superior court may receive the surrendered corporate charter and by order of the court declare the municipal corporation to be dissolved. Any order of any superior court judge dissolving any municipal corporation within this state will be furnished in duplicate to the Secretary of State and shall serve as notice upon the Secretary of State that the municipal corporation has, by order of the court, been dissolved as a municipal corporation.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 30 - GENERAL PROVISIONS (§§ 36-30-1 — 36-30-13) › Section 36-30-8 - Confinement of violators of ordinances

The right and power to organize work gangs or other means of confinement and to confine at labor therein, for a term not exceeding 30 days, persons convicted of violating the ordinances of municipal corporations is conferred on the municipal corporations or their respective authorities. In addition to other punishment allowed by law, municipal corporations, by and through their municipal courts, shall have the right and power to punish persons convicted of violating the ordinances of such municipal corporations by confinement or confinement at labor for a period of time not to exceed 30 days.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 30 - GENERAL PROVISIONS (§§ 36-30-1 — 36-30-13) › Section 36-30-9 - Compensation of law enforcement officers

It shall be unlawful for any municipal corporation to provide commissions or percentages of any fines and bond forfeitures derived from any arrests made by law enforcement officers as compensation or any part thereof. The sole basis of compensating such employees shall be by a fixed salary, to be provided by the governing authority of such municipal corporation.
Amended by 2015 Ga. Laws 98,§ 3-32, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 30 - GENERAL PROVISIONS (§§ 36-30-1 — 36-30-13) › Section 36-30-10 - Grant of right to obstruct public street prohibited

Without express legislative authority, a municipal corporation may not grant to any person the right to erect or maintain a structure or obstruction in a public street.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 30 - GENERAL PROVISIONS (§§ 36-30-1 — 36-30-13) › Section 36-30-11 - Enclosure of lanes or alleys

The municipal authorities of any municipal corporation are authorized to permit the enclosure of any lane, alley, or portion thereof in such municipal corporation when the owners of the lots abutting on such lane or alley and the owners of any other lots to the enjoyment of which access through such lane or alley is necessary consent thereto. Such municipal authorities shall have the right at any time to reopen such lane or alley.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 30 - GENERAL PROVISIONS (§§ 36-30-1 — 36-30-13) › Section 36-30-12 - Closing streets adjacent to or through institutions of higher learning in municipal corporations having a population of 350,000 or more

In all municipal corporations of this state having a population of 350,000 or more according to the United States decennial census of 1980 or any future such census, the municipal authorities of such municipal corporations are authorized to close any municipal streets adjacent to or through institutions of higher learning during any hours in which the municipal authorities determine that it is in the best interest of the public safety and welfare to do so. For the purposes of this Code section, "public safety and welfare" shall be defined to include not only considerations of the flow of traffic, but may also include a determination that to close said streets during such hours will enhance police protection on said streets.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 30 - GENERAL PROVISIONS (§§ 36-30-1 — 36-30-13) › Section 36-30-13 - Special election to fill vacancies when all seats are vacant

Except as provided in subsection (g) of Code Section
21-4-13
, in the event that all seats on the governing authority of a municipality are vacant, the election superintendent of the county in which the municipality is located shall have the authority to call for a special election to fill the vacant offices and to conduct, or to appoint a superintendent of elections for the municipality for the purpose of conducting, the special election. The board of registrars for the county shall prepare the electors list for the special election.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 31 - INCORPORATION OF MUNICIPAL CORPORATIONS (§§ 36-31-1 — 36-31-12) › Section 36-31-1 - Legislative intent

It is declared to be the intention of the General Assembly to prescribe certain minimum standards which must exist as a condition precedent to the original incorporation of a municipal corporation of this state.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 31 - INCORPORATION OF MUNICIPAL CORPORATIONS (§§ 36-31-1 — 36-31-12) › Section 36-31-2 - Two-year inapplicability of provisions regarding inactive municipalities

When a municipal corporation is created by local Act as authorized in this chapter, the provisions of Code Section
36-30-7.1
shall not apply for two years from the date the first elected officials of such municipal corporation take office. No later than July 1 following the expiration of such two-year period, the governing authority of the municipal corporation shall file a certification with the Department of Community Affairs stating whether the municipal corporation does or does not meet the standards for an active municipality under subsection (b) of Code Section
36-30-7.1
.
Amended by 2005 Ga. Laws 34,§ 1, eff. 4/15/2005.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 31 - INCORPORATION OF MUNICIPAL CORPORATIONS (§§ 36-31-1 — 36-31-12) › Section 36-31-3 - Minimum population standards for proposed municipal corporation

To be eligible for original incorporation as a municipal corporation, the minimum population standards of the area embraced within the proposed municipal boundary shall be as follows:
(1)
A total resident population of at least 200 persons; and
(2)
An average resident population of at least 200 persons per square mile for the total area.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 31 - INCORPORATION OF MUNICIPAL CORPORATIONS (§§ 36-31-1 — 36-31-12) › Section 36-31-4 - Use and subdivision of areas proposed to be incorporated

To be eligible for original incorporation as a municipal corporation, the area embraced shall be so developed that at least 60 percent of the total number of lots and tracts in the area at the time of incorporation are used for residential, commercial, industrial, institutional, recreational, or governmental purposes and shall be subdivided into lots and tracts such that at least 60 percent of the total acreage, not counting the acreage which at the time of incorporation is used for, held for future use for, or subject to a contract for future use for commercial, industrial, governmental, recreational, or institutional purposes, consists of lots and tracts of five acres or less in size.
Added by 2005 Ga. Laws 34,§ 2, eff. 4/15/2005.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 31 - INCORPORATION OF MUNICIPAL CORPORATIONS (§§ 36-31-1 — 36-31-12) › Section 36-31-5 - Certificate of existence of minimum standards; manner of determination; disposition and evidentiary effect of certificate

Every local law granting an original municipal charter shall have attached thereto a certificate by the author of the bill stating that the minimum standards required by this chapter exist as to the area embraced. Existence of the standards may be determined, as to population, by estimate based on the number of dwellings in the area multiplied by the average family size in the area, as determined by the last preceding federal census or by other reliable evidence acceptable to the author. As to development of the area, existence of the standards may be determined by estimate based on actual survey, county maps or records, aerial photographs, or some other reliable map acceptable to the author. The certificate shall be a permanent part of the charter and shall constitute conclusive evidence of the existence of the standards required by this chapter.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 31 - INCORPORATION OF MUNICIPAL CORPORATIONS (§§ 36-31-1 — 36-31-12) › Section 36-31-6 - [Repealed] Responsibility of the Attorney General for preclearances

Repealed by 2015 Ga. Laws 70,§ 6-3, eff. 7/1/2015.
Added by 2005 Ga. Laws 34,§ 3, eff. 4/15/2005.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 31 - INCORPORATION OF MUNICIPAL CORPORATIONS (§§ 36-31-1 — 36-31-12) › Section 36-31-7 - Power to license and regulate alcoholic beverages

When a new municipal corporation is created by local Act, the governing authority of the municipal corporation shall have all the same powers to license and regulate alcoholic beverages within its territory as did the governing authority of the county when such territory was within the unincorporated area of the county. Without limiting the generality of the foregoing, it is specifically provided that no petition, election, or other condition precedent which might otherwise be required under Title 3 to authorize sales of any alcoholic beverages shall be required in order for the governing authority of the municipality to exercise such powers.
Added by 2005 Ga. Laws 34,§ 3, eff. 4/15/2005.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 31 - INCORPORATION OF MUNICIPAL CORPORATIONS (§§ 36-31-1 — 36-31-12) › Section 36-31-7.1 - Ownership and control of county road rights of way

(a)
When a new municipal corporation is created by Act of the General Assembly, the new municipality shall assume the ownership, control, care, and maintenance of county road rights of way located within the area incorporated unless the municipality and the county agree otherwise by joint resolution.
(b)
This Code section shall apply to any new municipal corporation created by Act of the General Assembly on or after April 15, 2005.
Added by 2015 Ga. Laws 229,§ 2, eff. 5/12/2015.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 31 - INCORPORATION OF MUNICIPAL CORPORATIONS (§§ 36-31-1 — 36-31-12) › Section 36-31-9 - Initial terms of office

When a new municipal corporation is created by local Act, the chartering local Act may provide for the initial terms of office of members of the governing authority to be of any length or lengths; and the provisions of this Code section shall control over any conflicting provisions of Code Sections
21-2-541.1
and
21-2-541.2
.
Added by 2005 Ga. Laws 34,§ 3, eff. 4/15/2005.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 31 - INCORPORATION OF MUNICIPAL CORPORATIONS (§§ 36-31-1 — 36-31-12) › Section 36-31-10 - Appropriation of funds for grants or loans

The General Assembly may, in connection with the incorporation of a new municipal corporation, at any time (before, after, or contemporaneously with the passage of the chartering Act) appropriate to the Department of Community Affairs funds for grants or loans or both to a specific existing or proposed municipal corporation. When funds are so appropriated, the department shall make grants as specified by recipient, amount, and purpose and loans as specified by recipient, amount, interest rate, term, and purpose in the appropriation unless the chartering Act fails to secure passage or otherwise fails to become effective.
Added by 2005 Ga. Laws 34,§ 3, eff. 4/15/2005.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 31 - INCORPORATION OF MUNICIPAL CORPORATIONS (§§ 36-31-1 — 36-31-12) › Section 36-31-11 - Removal of new municipal corporations from county special districts for provision of local government services

When a municipal corporation is created by local Act within a county which has a special district for the provision of local government services consisting of the unincorporated area of the county, the territory within the new municipal corporation shall be removed from the special district except to the extent otherwise provided by Code Section
36-31-8
during a transition period and except that the county may continue to levy within such territory any previously imposed tax for the purpose of retiring any special district debt until such time as such debt is retired.
Added by 2005 Ga. Laws 34,§ 3, eff. 4/15/2005.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 32 - MUNICIPAL COURTS (§§ 36-32-1 — 36-32-41) › Article 1 - GENERAL PROVISIONS (§§ 36-32-1 — 36-32-13) › Section 36-32-1.1 - Municipal court judges; qualifications to serve

Municipal court judges shall be licensed to practice law in the State of Georgia and an active member in good standing of the State Bar of Georgia; provided, however, that any judge serving on June 30, 2011, who does not meet the qualifications required by this Code section may serve as municipal court judge in any municipality so long as such judge is in compliance with Code Section
36-32-27
. The provisions of this Code section shall expressly supersede any conflicting local law of this state.
Added by 2011 Ga. Laws 98,§ 1, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 32 - MUNICIPAL COURTS (§§ 36-32-1 — 36-32-41) › Article 1 - GENERAL PROVISIONS (§§ 36-32-1 — 36-32-13) › Section 36-32-2 - Appointment of judges

(a)
(1)
Notwithstanding any other provision of this chapter or any general or local Act, the governing authority of each municipal corporation within this state having a municipal court, as provided by the Act incorporating the municipal corporation or any amendments thereto, is authorized to appoint a judge of such court. Any individual appointed as a judge under this Code section shall possess such qualifications as set forth in Code Section
36-32-1.1
and shall receive such compensation as shall be fixed by the governing authority of the municipal corporation. Notwithstanding the failure of the governing body of a municipal corporation to enter into a written agreement or enact an ordinance as provided for in this paragraph, any individual appointed as a judge under this Code section shall serve for a minimum term of two years from the date of appointment as reflected in the minutes of the municipal corporation, unless such municipal corporation's charter provides for a longer term, and until a successor is appointed or if the judge is removed from office as provided in Code Section
36-32-2.1
. Such term shall be memorialized in a written agreement between such individual and the governing authority of the municipal corporation or in an ordinance or a charter. If such term is memorialized in a written agreement, such agreement shall not include any geographic limitation concerning a judge's eligibility to serve and shall not contain any provision that a judge serve in an at-will capacity.
(2)
Except as otherwise provided for in Code Section
36-32-2.1
, in the event of a vacancy occurring during the term of a judge appointed under this Code section, the governing authority of the municipal corporation is authorized to appoint an individual to serve for the remainder of the unexpired term created by such vacancy, provided such individual is qualified by law to serve as a municipal court judge.
(b)
This Code section shall not be construed to require the governing authority of any municipal corporation to appoint a judge; but such governing authority may appoint a judge if, acting in its sole discretion, the governing authority determines that such appointment would be in the best interest of the municipal corporation.
Amended by 2024 Ga. Laws 575,§ 1, eff. 7/1/2024, app. written agreements entered into on or after 7/1/2024.
Amended by 2022 Ga. Laws 880,§ 1, eff. 7/1/2022.
Amended by 2016 Ga. Laws 433,§ 1, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 32 - MUNICIPAL COURTS (§§ 36-32-1 — 36-32-41) › Article 1 - GENERAL PROVISIONS (§§ 36-32-1 — 36-32-13) › Section 36-32-3 - Powers of judges

All judges of all municipal courts in this state shall have and are given the same powers and authorities as magistrates in the matter of and pertaining to criminal cases of whatever nature in the several courts of this state.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 32 - MUNICIPAL COURTS (§§ 36-32-1 — 36-32-41) › Article 1 - GENERAL PROVISIONS (§§ 36-32-1 — 36-32-13) › Section 36-32-4 - Authority of municipal corporations to provide for forfeiture of appearance bonds

Any municipal corporation shall have full power and authority to provide, by ordinance, for the forfeiture of bonds given by offenders for their appearance before municipal courts and to provide for the collection of the same from the principal and sureties on such bonds by judgment, execution, and sale.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 32 - MUNICIPAL COURTS (§§ 36-32-1 — 36-32-41) › Article 1 - GENERAL PROVISIONS (§§ 36-32-1 — 36-32-13) › Section 36-32-5 - Sentences and fines which may be imposed

All municipal courts having authority to try offenses against the laws of the municipal corporations in which such courts are located shall have the power and authority:
(1)
To impose fines upon persons convicted of such offenses, with the alternative of other punishment allowed by law, in the event that such fines are not paid;
(2)
To sentence such person to community service work; or
(3)
To impose a sentence consisting of any combination of the penalties provided for in this Code section.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 32 - MUNICIPAL COURTS (§§ 36-32-1 — 36-32-41) › Article 1 - GENERAL PROVISIONS (§§ 36-32-1 — 36-32-13) › Section 36-32-6 - Jurisdiction in marijuana possession cases; retention of fines and bond forfeitures; transfer of cases

(a)
The municipal court of any municipality is granted jurisdiction to try and dispose of cases where a person is charged with the possession of one ounce or less of marijuana if the offense occurred within the corporate limits of such municipality. The jurisdiction of any such court shall be concurrent with the jurisdiction of any other courts within the county having jurisdiction to try and dispose of such cases.
(b)
Any fines and bond forfeitures arising from the prosecution of such cases shall be retained by the municipality and shall be paid into the treasury of such municipality.
(c)
Any defendant charged with possession of an ounce or less of marijuana in a municipal court shall be entitled on request to have the case against him or her transferred to the court having general misdemeanor jurisdiction in the county wherein the alleged offense occurred.
(d)
Nothing in this Code section shall be construed to give any municipality the right to impose a fine or punish by imprisonment in excess of the limits as set forth in the municipality's charter.
Amended by 2015 Ga. Laws 98,§ 3-32, eff. 7/1/2015.