reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 16 - ENVIRONMENTAL POLICY (§§ 12-16-1 — 12-16-23) › Article 1 - ENVIRONMENTAL POLICY ACT (§§ 12-16-1 — 12-16-9) › Section 12-16-7 - Effect of article on federal environmental policy requirements

Nothing in this article shall in any way affect or detract from specific statutory obligations of any government agency to comply with criteria or standards of environmental quality or to perform other statutory obligations imposed upon it, except those specified in Code Section
12-16-6
; to coordinate or consult with any other government agency or federal agency; or to act, or refrain from acting, contingent upon the recommendations or certification of any other government agency or federal agency. A government agency shall be deemed to have complied with the requirements of this article for a proposed governmental action that requires and has received federal approval of an environmental document prepared in accordance with the National Environmental Policy Act of 1969, as amended, and its implementing regulations.
Amended by 2004 Ga. Laws 463, § 2, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 16 - ENVIRONMENTAL POLICY (§§ 12-16-1 — 12-16-23) › Article 1 - ENVIRONMENTAL POLICY ACT (§§ 12-16-1 — 12-16-9) › Section 12-16-8 - Director to issue guidelines to assist government agencies

Prior to July 1, 1991, the director shall issue guidelines to assist government agencies in the preparation of environmental effects reports in accordance with this article, including, but not limited to, provisions for:
(1)
Criteria for determining if a proposed governmental action may significantly adversely affect the quality of the environment;
(2)
Comment upon the proposed governmental action by public and private organizations and individuals;
(3)
The possibility of the preparation of single-program environmental effects reports if a series of governmental actions taken individually are of minimal adverse significance on the environment but the cumulative effect of the proposed government actions on the environment is significantly adverse or if a series of proposed government actions are related either geographically or as logical parts in a chain of contemplated actions; and
(4)
The possibility of the preparation of modified environmental effects reports on remaining decisions significantly adversely affecting the quality of the environment that are parts of actions begun before but not completed before July 1, 1991.
Amended by 2004 Ga. Laws 463, § 2, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 16 - ENVIRONMENTAL POLICY (§§ 12-16-1 — 12-16-23) › Article 1 - ENVIRONMENTAL POLICY ACT (§§ 12-16-1 — 12-16-9) › Section 12-16-9 - Limitation on requirement for environmental evaluation

When a project of a department, municipality, county, or authority to construct or improve a public road or airport does not exceed $100 million in costs, such project shall not constitute a proposed governmental action which may significantly adversely affect the quality of the environment and the requirements of this article shall not be applicable, except that an environmental evaluation shall be considered in the decision-making process, consistent with paragraph (3) of Code Section
12-16-2
, when it is probable to expect significant adverse impact on historical sites or buildings and cultural resources.
Added by 2016 Ga. Laws 339,§ 1, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 16 - ENVIRONMENTAL POLICY (§§ 12-16-1 — 12-16-23) › Article 2 - STATEMENT OF RATIONALE (§§ 12-16-20 — 12-16-23) › Section 12-16-20 - Definitions

As used in this article, the term:
(1)
"Board" means the Board of Natural Resources.
(2)
"Commissioner" means the commissioner of natural resources.
(3)
"Covered action" means the issuance by the department or the division of any state-wide or regional permit or any standard or other policy contemplated by any state environmental law or environmental regulation.
(4)
"Department" means the Department of Natural Resources.
(5)
"Division" means the Environmental Protection Division of the Department of Natural Resources.
(6)
"Environmental regulation" means a rule or regulation promulgated by the board to enforce or implement a state environmental law.
(7)
"State environmental law" means any of the following Acts of the General Assembly, as now or hereafter amended:
(A)
Part 3 of Article 2 of Chapter 4 of this title, the "Georgia Surface Mining Act of 1968";
(B)
Article 2 of Chapter 5 of this title, the "Georgia Water Quality Control Act";
(C)
Part 2 of Article 3 of Chapter 5 of this title, the "Ground-water Use Act of 1972";
(D)
Code Section
12-5-31
, relating to permits for withdrawal, diversion, or impoundment of surface waters and monitoring, recording, and reporting water withdrawn by certain irrigation systems;
(E)
Part 3 of Article 3 of Chapter 5 of this title, the "Water Well Standards Act of 1985";
(F)
Part 5 of Article 3 of Chapter 5 of this title, the "Georgia Safe Drinking Water Act of 1977";
(G)
Part 3 of Article 5 of Chapter 5 of this title, the "Georgia Safe Dams Act of 1978";
(H)
Chapter 7 of this title, the "Erosion and Sedimentation Act of 1975";
(I)
Part 1 of Article 2 of Chapter 8 of this title, the "Georgia Comprehensive Solid Waste Management Act";
(J)
Part 2 of Article 3 of Chapter 8 of this title, the "Georgia Hazardous Site Response Act";
(K)
Article 9 of Chapter 8 of this title, the "Georgia Brownfield Act";
(L)
Article 1 of Chapter 9 of this title, "The Georgia Air Quality Act";
(M)
Article 2 of Chapter 9 of this title, the "Georgia Motor Vehicle Emission Inspection and Maintenance Act";
(N)
Chapter 12 of this title, the "Georgia Asbestos Safety Act";
(O)
Chapter 13 of this title, the "Georgia Underground Storage Tank Act";
(P)
Chapter 14 of this title, relating to oil or hazardous material spills or releases;
(Q)
Chapter 13 of Title 31, the "Georgia Radiation Control Act"; and
(R)
Any Act of the General Assembly empowering and directing the board to comply with federal statutes relating to clean water, clean air, or the environment.
Amended by 2017 Ga. Laws 275,§ 12, eff. 5/9/2017.
Added by 2004 Ga. Laws 463, § 3, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 16 - ENVIRONMENTAL POLICY (§§ 12-16-1 — 12-16-23) › Article 2 - STATEMENT OF RATIONALE (§§ 12-16-20 — 12-16-23) › Section 12-16-21 - Detailed statement of rationale for regulatory change required

(a)
(1)
Prior to the board's promulgation or amendment of any environmental regulation or the department or division taking any covered action, the board, the department, or the division, as appropriate, shall prepare a detailed statement of rationale:
(A)
Whenever the proposed environmental regulation or covered action will exceed or differ from the requirements of any federal regulation, standard, or policy on the same subject; or
(B)
Whenever an environmental regulation or a covered action will:
(i)
Result in the removal of any specific requirement, prohibition, or duty imposed by an existing environmental regulation, standard, or policy;
(ii)
Result in any prohibition, requirement, or duty imposed by an existing environmental regulation, standard, or policy becoming narrower in scope of applicability;
(iii)
Decrease or render any requirement imposed by an existing environmental regulation, standard, or policy less stringent or restrictive; or
(iv)
Repeal an existing environmental regulation, standard, or policy.
(2)
Such statement shall accompany any notice required by Code Section
50-13-4
.
(b)
The detailed statement of rationale shall state the basis for the regulation or covered action, including the scientific or technical basis, alternative policy considerations, and estimated cost to implement to the department and the regulated community and shall identify any studies, reports, policies, or statements of professional judgment or administrative need relied upon in developing the environmental regulation or covered action.
(c)
The scope and level of detail of each detailed statement of rationale shall be determined by the director of the division or the commissioner.
Added by 2004 Ga. Laws 463, § 3, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 16 - ENVIRONMENTAL POLICY (§§ 12-16-1 — 12-16-23) › Article 2 - STATEMENT OF RATIONALE (§§ 12-16-20 — 12-16-23) › Section 12-16-22 - Exceptions allowed for public health and welfare

Any other provision of this article to the contrary notwithstanding, the board may adopt an environmental regulation, and the department or division may take a covered action, without presenting the required statement of rationale if the commissioner or the director of the division determines that an emergency action is necessary to protect the public health and welfare.
Added by 2004 Ga. Laws 463, § 3, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 16 - ENVIRONMENTAL POLICY (§§ 12-16-1 — 12-16-23) › Article 2 - STATEMENT OF RATIONALE (§§ 12-16-20 — 12-16-23) › Section 12-16-23 - Construction with Administrative Procedure Act

The provisions of this article are in addition to, and not in lieu of, any applicable provisions for promulgation of rules in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
Added by 2004 Ga. Laws 463, § 3, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 17 - PETROLEUM PIPELINE CONSTRUCTION (§§ 12-17-1 — 12-17-6) › Section 12-17-1 - Definitions

As used in this chapter, the term:
(1)
"Board" means the Board of Natural Resources.
(2)
"Director" means the director of the Environmental Protection Division of the Department of Natural Resources.
(3)
"Division" means the Environmental Protection Division within the Department of Natural Resources.
(4)
"Existing petroleum pipeline" means a petroleum pipeline constructed and in use prior to January 1, 2016.
(5)
"Expansion" means a modification to an existing petroleum pipeline within the existing easement or right of way that increases the supply of petroleum by:
(A)
Increasing the diameter of an existing petroleum pipeline; or
(B)
Constructing a parallel petroleum pipeline.
(6)
"Extension" means a modification to an existing petroleum pipeline that increases the length or footprint of the existing petroleum pipeline by a distance greater than one linear mile.
(7)
"Maintenance" means:
(A)
The care or upkeep of an existing petroleum pipeline and its appurtenances;
(B)
The replacement of an existing petroleum pipeline within the same easement or right of way; or
(C)
The relocation of an existing petroleum pipeline for repair within one linear mile of the existing petroleum pipeline's alignment.
(8)
"New petroleum pipeline" means a petroleum pipeline that was not constructed and in use prior to January 1, 2016. The term "new petroleum pipeline" shall not include an expansion, an extension, or any maintenance.
(9)
"Parallel petroleum pipeline" means a petroleum pipeline that runs side by side to an existing petroleum pipeline.
(10)
"Petroleum pipeline" means a fixed conduit constructed to transport petroleum or petroleum products in or through this state.
(11)
"Petroleum pipeline company" means a corporation organized under the laws of this state or which is organized under the laws of another state and is authorized to do business in this state and which is specifically authorized by its charter or articles of incorporation to construct and operate petroleum pipelines for the transportation of petroleum and petroleum products.
Added by 2017 Ga. Laws 263,§ 1, eff. 5/9/2017.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 17 - PETROLEUM PIPELINE CONSTRUCTION (§§ 12-17-1 — 12-17-6) › Section 12-17-2 - Permit required

On or after July 1, 2017, any construction of a new petroleum pipeline or an extension in this state shall require a permit from the director as provided in this chapter. No construction activity on any portion of a new petroleum pipeline or any extension shall occur unless and until such permit is obtained. Such permit shall be required without regard to whether the petroleum pipeline company intends to exercise any power of eminent domain pursuant to Article 4 of Chapter 3 of Title 22 and shall be in addition to any other permits or authorization required under this title or any other provision of state or federal law.
Added by 2017 Ga. Laws 263,§ 1, eff. 5/9/2017.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 17 - PETROLEUM PIPELINE CONSTRUCTION (§§ 12-17-1 — 12-17-6) › Section 12-17-3 - Permit application requirements; notice

(a)
Any application to the division for a permit under this chapter shall contain, at a minimum, the following:
(1)
Siting information, including, but not limited to, a map showing the proposed location of the route of the new petroleum pipeline or of the extension;
(2)
Information obtained from a cultural resource assessment conducted along the proposed route of the new petroleum pipeline or of the extension;
(3)
Information as to geological and hydrologic features along the proposed route of the new petroleum pipeline or of the extension;
(4)
Information on the presence of threatened and endangered species along the proposed route of the new petroleum pipeline or of the extension;
(5)
Environmental information described in
40 C.F.R. Sections 1502.12
through
1502.18
as such provisions existed on January 1, 2017, to the extent required by rules and regulations of the board;
(6)
Evidence of financial responsibility by the petroleum pipeline company; and
(7)
Any other information that the board may require by rules and regulations.
(b)
Within ten days of applying for a permit, the applicant shall provide:
(1)
Public notice in the legal organ of each county through which the proposed route of the new petroleum pipeline or of the extension is to be located; and
(2)
Written notice of the filing of an application under this Code section to all landowners whose property is located within 1,000 feet of the proposed route of the new petroleum pipeline or of the extension. Such notice shall be delivered to each landowner and contain the following language in boldface type:
"YOUR PROPERTY IS LOCATED WITHIN 1,000 FEET OF A PROPOSED PETROLEUM PIPELINE FOR WHICH AN APPLICATION FOR A PERMIT HAS BEEN FILED PURSUANT TO CHAPTER 17 OF TITLE 12 OF THE OFFICIAL CODE OF GEORGIA ANNOTATED. SAID CHAPTER ALONG WITH ARTICLE 4 OF CHAPTER 3 OF TITLE 22 OF THE OFFICIAL CODE OF GEORGIA ANNOTATED PROVIDE SPECIFIC REQUIREMENTS WHICH MUST BE FOLLOWED BY PETROLEUM PIPELINE COMPANIES BEFORE THEY MAY BUILD A NEW PETROLEUM PIPELINE OR MODIFY AN EXISTING PETROLEUM PIPELINE. THESE PROVISIONS OF THE OFFICIAL CODE OF GEORGIA ANNOTATED ALSO PROVIDE SPECIFIC RIGHTS FOR YOUR PROTECTION. YOU SHOULD FAMILIARIZE YOURSELF WITH THOSE REQUIREMENTS AND YOUR RIGHTS."
Added by 2017 Ga. Laws 263,§ 1, eff. 5/9/2017.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 17 - PETROLEUM PIPELINE CONSTRUCTION (§§ 12-17-1 — 12-17-6) › Section 12-17-4 - Considerations in permitting

(a)
In making the decision as to whether to grant any permits required by this chapter, the director shall determine whether the portion of the petroleum pipeline for which the permit is sought is consistent with and not an undue hazard to the environment and natural resources of this state after consideration of the following factors:
(1)
The information required to be contained in the petroleum pipeline company's application under Code Section
12-17-3
;
(2)
The direct environmental impacts of the proposed new petroleum pipeline or the proposed extension;
(3)
Alternative alignments to the proposed new petroleum pipeline or the proposed extension;
(4)
Public comment; and
(5)
Such other factors that the director deems reasonable and applicable or that the board by rules and regulations has established in order to protect the best interests of this state, its citizens, and its natural resources.
(b)
The applicant shall bear the burden of proof to demonstrate that the director should issue a permit as provided under this chapter.
(c)
The director's decision shall be based on the record before the director, which shall include, but not be limited to, the applicant's submissions, written comments submitted to the director, and research the director may conduct in analyzing the application.
Added by 2017 Ga. Laws 263,§ 1, eff. 5/9/2017.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 17 - PETROLEUM PIPELINE CONSTRUCTION (§§ 12-17-1 — 12-17-6) › Section 12-17-5 - Aggrieved or adversely affected defined; administrative review

(a)
As used in this Code section, the term "aggrieved or adversely affected" means a challenged action has caused or will cause persons injury in fact and where the injury is to an interest within the zone of interests to be protected or regulated by the provisions of this chapter that the director is empowered to administer and enforce.
(b)
Any person who is aggrieved or adversely affected by a decision or action of the director under this chapter shall, upon filing a petition within 30 days after the issuance of such order or taking of such action, have a right to a hearing before an administrative law judge appointed by the board. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." The decision of the administrative law judge shall constitute the final decision of the director, and any party to the hearing, including the department, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
(c)
In the event the director asserts in response to the petition before the administrative law judge that the petitioner is not aggrieved or adversely affected, the administrative law judge shall take evidence and hear arguments on this issue and thereafter make a ruling on same before continuing with the hearing. The burden of going forward with evidence on this issue shall rest with the petitioner.
Added by 2017 Ga. Laws 263,§ 1, eff. 5/9/2017.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 17 - PETROLEUM PIPELINE CONSTRUCTION (§§ 12-17-1 — 12-17-6) › Section 12-17-6 - Regulations for enforcement

(a)
No later than July 1, 2018, the board shall, pursuant to Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," promulgate such rules and regulations as are necessary and reasonable for purposes of enforcement of this chapter, which shall include, but may not be limited to:
(1)
The submission of a permit application and provisions for the application review process, not to exceed 150 days in length;
(2)
Provisions for a nonrefundable application fee which shall be sufficient to defray the administrative costs of review of the application by the division;
(3)
Reasonable public notice of the filing of permit applications to any landowner who, after reasonable efforts, cannot personally be given the notice required in subsection (b) of Code Section
12-17-3
;
(4)
Provisions for public meetings to be held prior to any action on any permits; and
(5)
Evidence of financial responsibility as required by paragraph (6) of subsection (a) of Code Section
12-17-3
.
(b)
No permit shall be granted by the division prior to the promulgation of rules and regulations as provided for in this Code section; provided, however, that once such rules and regulations have been promulgated and applications are accepted for filing, if any application is not approved or is denied within 150 days of the date such application is filed with the division under Code Section
12-17-3
, the application shall be deemed to be approved by operation of law.
Added by 2017 Ga. Laws 263,§ 1, eff. 5/9/2017.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 1 - GENERAL PROVISIONS (§§ 13-1-1 — 13-1-16) › Section 13-1-2 - Contract defined - Executed and executory contracts

(a)
An executed contract is one in which all the parties thereto have performed all the obligations which they have originally assumed.
(b)
An executory contract is one in which something remains to be done by one or more parties.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 1 - GENERAL PROVISIONS (§§ 13-1-1 — 13-1-16) › Section 13-1-3 - Contract defined - Contract of record

A contract of record is one which has been declared and adjudicated by a court having jurisdiction or which is entered of record in obedience to or in carrying out the judgment of a court.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 1 - GENERAL PROVISIONS (§§ 13-1-1 — 13-1-16) › Section 13-1-4 - Contract defined - Specialty contract

A specialty is a contract under seal and is considered by the law as entered into with more solemnity, and consequently of higher dignity, than ordinary, simple contracts.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 1 - GENERAL PROVISIONS (§§ 13-1-1 — 13-1-16) › Section 13-1-5 - Contract defined - Simple contract

(a)
All other contracts than those specified in Code Sections
13-1-2
through
13-1-4
are termed simple contracts.
(b)
Simple contracts may either be in writing or rest only in words as remembered by witnesses.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 1 - GENERAL PROVISIONS (§§ 13-1-1 — 13-1-16) › Section 13-1-7 - Contract defined - Absolute and conditional contracts

(a)
A contract may be absolute or conditional. In an absolute contract, every covenant is independent and the breach of one does not relieve the obligation of another. In a conditional contract, the covenants are dependent upon each other and the breach of one is a release of the binding force of all dependent covenants.
(b)
The classification of every contract must depend upon a rational interpretation of the intention of the parties.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 1 - GENERAL PROVISIONS (§§ 13-1-1 — 13-1-16) › Section 13-1-8 - Contract defined - Entire and severable contracts

(a)
A contract may be either entire or severable. In an entire contract, the whole contract stands or falls together. In a severable contract, the failure of a distinct part does not void the remainder.
(b)
The character of the contract in such case is determined by the intention of the parties.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 1 - GENERAL PROVISIONS (§§ 13-1-1 — 13-1-16) › Section 13-1-9 - Apportionment of entire contracts

In some cases even an entire contract is apportionable, as where the price to be paid is not fixed, or is by the contract itself apportioned according to time; so, if the failure of one party to perform is caused by the act of the other, the contract may still be apportioned.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 1 - GENERAL PROVISIONS (§§ 13-1-1 — 13-1-16) › Section 13-1-10 - Licenses and contracts distinguished

Where, in the exercise of the police power, a license is issued, the license is not a contract but only a permission to enjoy the privilege for the time specified, on the terms stated; and it may be abrogated.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 1 - GENERAL PROVISIONS (§§ 13-1-1 — 13-1-16) › Section 13-1-12 - Requirement of proof of endorsement or assignment of bill, bond, or note in action by endorsee

When an action is brought by an endorsee, an endorsement or assignment of any bill, bond, or note need not be proved unless denied under oath.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 1 - GENERAL PROVISIONS (§§ 13-1-1 — 13-1-16) › Section 13-1-13 - Recovery of voluntary payments

Payments of claims made through ignorance of the law or where all the facts are known and there is no misplaced confidence and no artifice, deception, or fraudulent practice used by the other party are deemed voluntary and cannot be recovered unless made under an urgent and immediate necessity therefor or to release person or property from detention or to prevent an immediate seizure of person or property. Filing a protest at the time of payment does not change the rule prescribed in this Code section.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 1 - GENERAL PROVISIONS (§§ 13-1-1 — 13-1-16) › Section 13-1-14 - Collection of closing fees for contracts for the advance of money or the extension of credit; refund of closing fees in certain instances; limited application

(a)
In addition to any other charges permitted for the advance of money or for the extension of credit, a lender or seller may collect a closing fee at the time of making a loan or extending credit in order to defray the costs of investigation and verification of a borrower's or purchaser's credit reports and references. Such closing fee may be for an amount up to 4 percent of the face amount of the loan or credit extension or total amount of the sales contract but shall not be more than $50.00. Such closing fee may be paid from the proceeds of the amount borrowed or added to the principal amount of the loan or credit extension.
(b)
When any loan or sales contract upon which a closing fee has been charged is prepaid in full by any means within 90 days of the date of the loan or sales contract, the lender or seller shall refund or credit the borrower or purchaser with a pro rata portion of the closing fee; provided, however, that in such event, the lender or seller may retain an amount of not more than $25.00 from the collected closing fee.
(c)
This Code section shall only apply to installment loans made pursuant to Chapter 3 of Title 7, retail installment and home solicitation sales contracts entered into pursuant to Article 1 of Chapter 1 of Title 10, and insurance premium finance agreements entered into pursuant to Chapter 22 of Title 33; provided, however, that a closing fee authorized under this Code section shall not constitute interest, a time price differential, a finance charge, or a service charge within the meaning of Code Section
7-3-15
,
10-1-4
, or
33-22-9
.
(d)
Nothing contained in Code Section
7-4-18
shall be construed to amend or modify the provisions of this Code section.
Amended by 2020 Ga. Laws 409,§ 8, eff. 6/30/2020.
Added by 2013 Ga. Laws 13,§ 1, eff. 4/9/2013.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 1 - GENERAL PROVISIONS (§§ 13-1-1 — 13-1-16) › Section 13-1-15 - Convenience fee; when appropriate

(a)
As used in this Code section, the term:
(1)
"Actual cost" means the amount paid by a third party for the processing of a payment made by electronic means. If a lender or merchant is a subsidiary of an entity that processes payments made by electronic means, the parent entity shall be considered a third party.
(2)
"Payment by electronic means" means the remittance of an amount owed through the use of a credit card, debit card, electronic funds transfer, electronic check, or other electronic method.
(b)
In addition to any other charges, interest, and fees permitted by law and subject to the terms and conditions of the debit card or credit card acceptance agreement, a lender or merchant may collect a nonrefundable convenience fee from any person electing to utilize an option of payment by electronic means. Such convenience fee shall be in an amount that represents the actual cost to a lender or merchant; provided, however, that in lieu of the actual cost, a lender or merchant is authorized to collect a convenience fee which does not exceed the average of the actual cost incurred for a specific type of payment made by electronic means for which such lender or merchant imposes a convenience fee.
(c)
No convenience fee shall be charged unless a lender or merchant also provides a direct payment option by check, cash, or money order in which no convenience fee is imposed.
(d)
Any lender or merchant imposing a convenience fee as provided for in this Code section shall provide clear disclosure of such fee prior to imposition. Such notice shall include the dollar amount of such fee, a statement that such fee is nonrefundable, and a statement that such fee is charged for payment by electronic means.
(e)
This Code section shall apply only to loans made pursuant to Chapter 1 of Title 7, installment loans made pursuant to Chapter 3 of Title 7, retail installment and home solicitation sales contracts entered into pursuant to Article 1 of Chapter 1 of Title 10, motor vehicle sales financing contracts entered into pursuant to Article 2 of Chapter 1 of Title 10, and insurance premium finance agreements entered into pursuant to Chapter 22 of Title 33; provided, however, that a convenience fee authorized under this Code section shall not constitute interest, an additional charge, a time price differential, a finance charge, or a service charge within the meaning of Code Section
7-3-12
,
10-1-4
,
10-1-33
, or
33-22-9
.
(f)
Nothing contained in Code Section
7-4-18
shall be construed to amend or modify the provisions of this Code section.
Amended by 2020 Ga. Laws 409,§ 8, eff. 6/30/2020.
Amended by 2017 Ga. Laws 57,§ 27, eff. 6/1/2017.
Added by 2015 Ga. Laws 140,§ 1, eff. 5/6/2015.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 1 - GENERAL PROVISIONS (§§ 13-1-1 — 13-1-16) › Section 13-1-16 - Additional contracts terminable by service members; requirements

(a)
As used in this Code section, the term:
(1)
"Health spa" means an establishment which provides, as one of its primary purposes, services or facilities which are purported to assist patrons to improve their physical condition or appearance through change in weight, weight control, treatment, dieting, or exercise. Such term includes an establishment designated as a "reducing salon," "health spa," "spa," "exercise gym," "health studio," or "health club," or by other terms of similar import.
(2)
"Service member" means an active duty member of the regular or reserve component of the armed forces of the United States, the Georgia National Guard, or the Georgia Air National Guard on ordered federal duty for a period of 90 days or longer.
(b)
In addition to the contractual relief provided for under Code Sections
10-4-214
,
44-7-22
, and
46-5-8
, and in furtherance of the Servicemembers Civil Relief Act,
50 U.S.C. Section 3901
et seq., any service member may terminate a contract pursuant to this Code section if such contract is for:
(1)
The provision of television, video, or audio programming or internet access; or
(2)
Membership or provision of services by a health spa, notwithstanding any provisions of Code Section
10-1-393.2
.
(c)
Termination of a contract pursuant to subsection (b) of this Code section shall be effective only if the service member receives military orders to relocate for a period of service of at least 90 days to a location that does not support the contract.
(d)
In terminating a contract pursuant to subsection (b) of this Code section, the service member shall provide the other contractual party with a written or electronic notice of termination to be effective on the date stated in the notice. Such notice shall be accompanied by either a copy of the official military orders or a written verification signed by the service member's commanding officer indicating the relocation.
(e)
The provisions of this Code section shall apply to all contracts, and a renewal, modification, or extension of any contract, provided for under subsection (b) of this Code section and entered into on or after July 1, 2019. The provisions of this Code section may not be waived or modified by the agreement of the parties under any circumstances.
Added by 2019 Ga. Laws 39,§ 2, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 2 - CONSTRUCTION (§§ 13-2-1 — 13-2-4) › Section 13-2-1 - Construction of contracts by courts generally; findings of fact by juries

The construction of a contract is a question of law for the court. Where any matter of fact is involved, the jury should find the fact.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 2 - CONSTRUCTION (§§ 13-2-1 — 13-2-4) › Section 13-2-2 - Rules for interpretation of contracts generally

The following rules, among others, shall be used in arriving at the true interpretation of contracts:
(1)
Parol evidence is inadmissible to add to, take from, or vary a written contract. All the attendant and surrounding circumstances may be proved and, if there is an ambiguity, latent or patent, it may be explained; so, if only a part of a contract is reduced to writing (such as a note given in pursuance of a contract) and it is manifest that the writing was not intended to speak the whole contract, then parol evidence is admissible;
(2)
Words generally bear their usual and common signification; but technical words, words of art, or words used in a particular trade or business will be construed, generally, to be used in reference to this peculiar meaning. The local usage or understanding of a word may be proved in order to arrive at the meaning intended by the parties;
(3)
The custom of any business or trade shall be binding only when it is of such universal practice as to justify the conclusion that it became, by implication, a part of the contract, except in regard to those transactions covered by Title 11;
(4)
The construction which will uphold a contract in whole and in every part is to be preferred, and the whole contract should be looked to in arriving at the construction of any part;
(5)
If the construction is doubtful, that which goes most strongly against the party executing the instrument or undertaking the obligation is generally to be preferred;
(6)
The rules of grammatical construction usually govern, but to effectuate the intention they may be disregarded; sentences and words may be transposed, and conjunctions substituted for each other. In extreme cases of ambiguity, where the instrument as it stands is without meaning, words may be supplied;
(7)
When a contract is partly printed and partly written, the latter part is entitled to most consideration;
(8)
Estates and grants by implication are not favored; and
(9)
Time is not generally of the essence of a contract; but, by express stipulation or reasonable construction, it may become so.
Amended by 2010 Ga. Laws 624,§ 13, eff. 6/3/2010.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 2 - CONSTRUCTION (§§ 13-2-1 — 13-2-4) › Section 13-2-3 - Ascertainment and enforcement of intention of parties generally

The cardinal rule of construction is to ascertain the intention of the parties. If that intention is clear and it contravenes no rule of law and sufficient words are used to arrive at the intention, it shall be enforced irrespective of all technical or arbitrary rules of construction.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 2 - CONSTRUCTION (§§ 13-2-1 — 13-2-4) › Section 13-2-4 - Ascertainment of intention of parties where meaning placed on contract by one party known to other

The intention of the parties may differ among themselves. In such case, the meaning placed on the contract by one party and known to be thus understood by the other party at the time shall be held as the true meaning.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 3 - ELEMENTS AND FORMATION GENERALLY (§§ 13-3-1 — 13-3-47) › Article 1 - GENERAL PROVISIONS (§§ 13-3-1 — 13-3-5) › Section 13-3-1 - Essentials of contracts generally

To constitute a valid contract, there must be parties able to contract, a consideration moving to the contract, the assent of the parties to the terms of the contract, and a subject matter upon which the contract can operate.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 3 - ELEMENTS AND FORMATION GENERALLY (§§ 13-3-1 — 13-3-47) › Article 1 - GENERAL PROVISIONS (§§ 13-3-1 — 13-3-5) › Section 13-3-2 - Contract incomplete without assent of parties to terms thereof; withdrawal of bid or proposition by party

The consent of the parties being essential to a contract, until each has assented to all the terms, there is no binding contract; until assented to, each party may withdraw his bid or proposition.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 3 - ELEMENTS AND FORMATION GENERALLY (§§ 13-3-1 — 13-3-47) › Article 1 - GENERAL PROVISIONS (§§ 13-3-1 — 13-3-5) › Section 13-3-3 - When written acceptance of offer made by letter takes effect; acceptance of offer containing alternative propositions

If an offer is made by letter, an acceptance by written reply takes effect from the time it is sent and not from the time it is received; hence, withdrawal of the offer by the offeror after that time is ineffective. If an offer contains alternative propositions, the party receiving the offer may elect between the alternative propositions.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 3 - ELEMENTS AND FORMATION GENERALLY (§§ 13-3-1 — 13-3-47) › Article 1 - GENERAL PROVISIONS (§§ 13-3-1 — 13-3-5) › Section 13-3-4 - Effect of conditions precedent or subsequent upon rights of parties under contracts

Conditions may be precedent or subsequent. A condition precedent must be performed before the contract becomes absolute and obligatory upon the other party. The breach of a condition subsequent may destroy the party's rights under the contract or may give a right to damages to the other party, according to a true construction of the intention of the parties.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 3 - ELEMENTS AND FORMATION GENERALLY (§§ 13-3-1 — 13-3-47) › Article 1 - GENERAL PROVISIONS (§§ 13-3-1 — 13-3-5) › Section 13-3-5 - Effect of impossible, immoral, and illegal conditions

Impossible, immoral, and illegal conditions are void and are binding upon no one.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 3 - ELEMENTS AND FORMATION GENERALLY (§§ 13-3-1 — 13-3-47) › Article 2 - CAPACITY OF PARTIES (§§ 13-3-20 — 13-3-25) › Section 13-3-20 - Minors - Contracts for property or valuable consideration; contracts for necessaries

(a)
Generally the contract of a minor is voidable. If in a contractual transaction a minor receives property or other valuable consideration and, after arrival at the age of 18, retains possession of such property or continues to enjoy the benefit of such other valuable consideration, the minor shall have thereby ratified or affirmed the contract and it shall be binding on him or her. Such contractual transaction shall also be binding upon any minor who becomes emancipated by operation of law or pursuant to Article 10 of Chapter 11 of Title 15.
(b)
The contract of a minor for necessaries shall be binding on the minor as if the minor were 18 years of age except that the party furnishing them to the minor shall prove that the parent or guardian of such minor had failed or refused to supply sufficient necessaries for the minor, that the minor was emancipated by operation of law, or the minor was emancipated pursuant to Article 10 of Chapter 11 of Title 15.
Amended by 2013 Ga. Laws 127,§ 4-3, eff. 1/1/2014.
Amended by 2006 Ga. Laws 466,§ 3, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 3 - ELEMENTS AND FORMATION GENERALLY (§§ 13-3-1 — 13-3-47) › Article 2 - CAPACITY OF PARTIES (§§ 13-3-20 — 13-3-25) › Section 13-3-21 - Minors - Contracts relating to practice of profession, trade, or business

If a minor, by permission of his parent or guardian or by permission of law, practices any profession or trade or engages in any business as an adult, he shall be bound for all contracts connected with such profession, trade, or business.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 3 - ELEMENTS AND FORMATION GENERALLY (§§ 13-3-1 — 13-3-47) › Article 2 - CAPACITY OF PARTIES (§§ 13-3-20 — 13-3-25) › Section 13-3-22 - Minors - Marriage contracts and settlements

Marriage contracts and settlements made by persons who are minors but of lawful age to marry are binding as if made by adults.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 3 - ELEMENTS AND FORMATION GENERALLY (§§ 13-3-1 — 13-3-47) › Article 2 - CAPACITY OF PARTIES (§§ 13-3-20 — 13-3-25) › Section 13-3-23 - Minors - Contracts, promissory notes, written obligation, or other evidence, for loans from trust funds for educational purposes

Any contract, promissory note, written obligation, or other evidence of indebtedness made and executed by a minor for a loan from any trust fund for educational purposes to any educational institution shall be as valid and binding as if said minor were sui juris at the time of making such contract or other obligation and otherwise capacitated to contract.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 3 - ELEMENTS AND FORMATION GENERALLY (§§ 13-3-1 — 13-3-47) › Article 2 - CAPACITY OF PARTIES (§§ 13-3-20 — 13-3-25) › Section 13-3-24 - Insane, mentally ill, intellectually disabled, or mentally incompetent persons

(a)
The contract of an insane, a mentally ill, an intellectually disabled, or a mentally incompetent person who has never been adjudicated to be insane, mentally ill, intellectually disabled, or mentally incompetent to the extent that he is incapable of managing his estate as prescribed by this Code is not absolutely void but only voidable, except that a contract made by such person during a lucid interval is valid without ratification.
(b)
After the fact that a person is insane, mentally ill, intellectually disabled, or mentally incompetent to the extent that he is incapable of managing his estate has been established by a court of competent jurisdiction in this state and the affairs of such person are vested in a guardian, the power of such person to contract, even though restored to sanity, shall be entirely gone; any contracts made by such person shall be absolutely void until the guardianship is dissolved. One may recover for necessaries furnished an insane person, a mentally ill person, an intellectually disabled person, or a mentally incompetent person upon the same proof as if furnished to minors.
Amended by 2015 Ga. Laws 70,§ 4-17, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 3 - ELEMENTS AND FORMATION GENERALLY (§§ 13-3-1 — 13-3-47) › Article 2 - CAPACITY OF PARTIES (§§ 13-3-20 — 13-3-25) › Section 13-3-25 - Intoxicated persons

A contract made by an intoxicated person is not void, though the intoxication is brought about by the other party, but is merely voidable at the election of the intoxicated person and may be ratified by him expressly or by conduct inconsistent with its rescission.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 3 - ELEMENTS AND FORMATION GENERALLY (§§ 13-3-1 — 13-3-47) › Article 3 - CONSIDERATION (§§ 13-3-40 — 13-3-47) › Section 13-3-40 - Necessity for consideration; presumption of consideration

(a)
A consideration is essential to a contract which the law will enforce. An executory contract without such consideration is called nudum pactum or a naked promise.
(b)
In some cases a consideration is presumed, and an averment to the contrary will not be received.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 3 - ELEMENTS AND FORMATION GENERALLY (§§ 13-3-1 — 13-3-47) › Article 3 - CONSIDERATION (§§ 13-3-40 — 13-3-47) › Section 13-3-41 - Types of consideration

Considerations are distinguished into "good" and "valuable." A good consideration is such as is founded on natural duty and affection or on a strong moral obligation. A valuable consideration is founded on money or something convertible into money or having a value in money, except marriage, which is a valuable consideration.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 3 - ELEMENTS AND FORMATION GENERALLY (§§ 13-3-1 — 13-3-47) › Article 3 - CONSIDERATION (§§ 13-3-40 — 13-3-47) › Section 13-3-42 - Acts which constitute consideration; effect of consideration given or received by persons other than promisor or promisee

(a)
To constitute consideration, a performance or a return promise must be bargained for by the parties to a contract.
(b)
A performance or return promise is bargained for if it is sought by the promisor in exchange for his promise and is given by the promisee in exchange for that promise.
(c)
The performance may consist of:
(1)
An act other than a promise;
(2)
A forbearance; or
(3)
The creation, modification, or destruction of a legal relation.
(d)
The performance or return promise may be given to the promisor or to some other person. If there is a valid consideration for a promise, it does not matter from whom it moves and it may be given by the promisee or by some other person; the promisee may sustain his action, though a stranger to the consideration.
(e)
In mutual subscriptions for a common object, the promise of the others is a good consideration for the promise of each.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 3 - ELEMENTS AND FORMATION GENERALLY (§§ 13-3-1 — 13-3-47) › Article 3 - CONSIDERATION (§§ 13-3-40 — 13-3-47) › Section 13-3-43 - Effect of satisfying requirement of consideration

If the requirement of consideration is met, there is no additional requirement of a gain, advantage, or benefit to the promisor or of a loss, disadvantage, or detriment to the promisee.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 3 - ELEMENTS AND FORMATION GENERALLY (§§ 13-3-1 — 13-3-47) › Article 3 - CONSIDERATION (§§ 13-3-40 — 13-3-47) › Section 13-3-44 - Effect of promise which is reasonably expected to induce action or forbearance by promisee or third person; requirement as to proof of reliance in cases of charitable subscriptions or marriage settlements

(a)
A promise which the promisor should reasonably expect to induce action or forbearance on the part of the promisee or a third person and which does induce such action or forbearance is binding if injustice can be avoided only by enforcement of the promise. The remedy granted for breach may be limited as justice requires.
(b)
A charitable subscription or a marriage settlement is binding under subsection (a) of this Code section without proof that the promise induced action or forbearance.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 3 - ELEMENTS AND FORMATION GENERALLY (§§ 13-3-1 — 13-3-47) › Article 3 - CONSIDERATION (§§ 13-3-40 — 13-3-47) › Section 13-3-45 - Effect of partially valid consideration; effect of illegal consideration

If the consideration is good in part and void in part, the promise will or will not be sustained, depending upon whether it is entire or severable. If the consideration is illegal in whole or in part, the whole promise fails.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 3 - ELEMENTS AND FORMATION GENERALLY (§§ 13-3-1 — 13-3-47) › Article 3 - CONSIDERATION (§§ 13-3-40 — 13-3-47) › Section 13-3-46 - Effect of inadequacy of consideration

Mere inadequacy of consideration alone will not void a contract. If the inadequacy is great, it is a strong circumstance to evidence fraud; and, in an action for damages for breach of a contract, the inadequacy of consideration will always enter as an element in estimating the damages.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 3 - ELEMENTS AND FORMATION GENERALLY (§§ 13-3-1 — 13-3-47) › Article 3 - CONSIDERATION (§§ 13-3-40 — 13-3-47) › Section 13-3-47 - Effect of impossible and possible but improbable consideration

An impossible consideration is insufficient to sustain any promise; however, if the consideration is possible but improbable, it is sufficient to sustain the promise.