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 1 - GENERAL PROVISIONS (§§ 36-1-1 — 36-1-27) › Section 36-1-26 - Contracts for utility services; terms and conditions

The governing authority of any county in this state may authorize the execution of one or more contracts which specify the rates, fees, or other charges which will be charged and collected by the county for electric, natural gas, or water utility services to be provided by the county to one or more of its utility customers. Any such contract shall be subject to the following conditions and limitations:
(1)
(A)
Except as provided in subparagraph (B) of this paragraph, no such contract shall be for a term in excess of ten years.
(B)
No such contract for solar utility services or for wind utility services shall be for a term in excess of 20 years;
(2)
Any such contract which is for a term in excess of two years shall include commercially reasonable provisions under which the rates, fees, or other charges shall be adjusted with respect to inflationary or deflationary factors affecting the provision of the utility service in question; and
(3)
Any such contract shall include commercially reasonable provisions relieving the county from its obligations under the contract in the event that the county's ability to comply with the contract is impaired by war, natural disaster, catastrophe, or any other emergency creating conditions under which the county's compliance with the contract would become impossible or create a substantial financial burden upon the county or its taxpayers.
Amended by 2019 Ga. Laws 214,§ 1, eff. 7/1/2019.
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 2 - MILITIA DISTRICTS (§§ 36-2-1 — 36-2-5) › Section 36-2-1 - Division of county into militia districts

(a)
Each county is divided into militia districts according to its territory and population.
(b)
Militia districts are to remain the same as presently organized until changed in the manner prescribed 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 2 - MILITIA DISTRICTS (§§ 36-2-1 — 36-2-5) › Section 36-2-2 - Minimum requirements for districts

Each militia district organized or changed must contain within its limits at least 200 persons 18 years of age or over who are residents at the time of the organization of the district and, in its formation, must not leave any older district with less than 200 such persons.
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 2 - MILITIA DISTRICTS (§§ 36-2-1 — 36-2-5) › Section 36-2-3 - Appointment of commissioners to change districts; employment and compensation of surveyor; approval of commissioners' report by judge of probate court

Whenever it is necessary and expedient to lay out a new militia district, to change the lines of old districts, or to consolidate or abolish old districts, the judge of the probate court may, at any time, appoint three commissioners who are citizens of the district or districts from which it is proposed to make the new district or to change the lines thereof, whose duty it shall be to lay out and define the lines and to report the same to the judge of the probate court. The commissioners shall have authority to engage the services of a competent surveyor to assist them in their duties. The surveyor shall be paid for his services, out of the county treasury, the same compensation county surveyors are paid for similar services rendered to a citizen. If the judge of the probate court approves the report of the commissioners, he shall have all proceedings in the matter entered on his minutes, after which the district laid out or the line changed or defined shall be known and regarded accordingly.
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 2 - MILITIA DISTRICTS (§§ 36-2-1 — 36-2-5) › Section 36-2-4 - Transmittal of proceedings changing districts to Governor; publication

It is the duty of the judge of the probate court, when a new district is laid out, immediately to transmit to the Governor the proceedings in the matter, duly certified, from his minutes and to publish them for 30 days at the door of the courthouse and in the newspaper where he does his official advertising.
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 3 - COUNTY BOUNDARIES (§§ 36-3-1 — 36-3-27) › Article 1 - CHANGE OF BOUNDARIES (§§ 36-3-1 — 36-3-5) › Section 36-3-1 - Filing and contents of petition for change of boundary line; publication of notice

Whenever one or more citizens of any county desire to have the boundary line of the county changed, they shall file in the offices of the judges of the probate courts of the counties to be affected a petition in writing, setting forth the exact character of the change desired to be made, specifying particularly the situation, direction, and existing marks and monuments, if any, of the original line, and describing particularly the direction, location, and length of the proposed new line, and setting forth the reasons for the change. The person or persons applying for the change shall also give notice of the intention to apply for the change by publishing the same for at least 30 days next preceding the term of the superior court or courts to be held in the counties to be affected, which term shall be that next occurring after the filing of the petition with the judges of the probate courts:
(1)
By publishing the notice in a public newspaper having general circulation in each of the counties to be affected by the change; and
(2)
By posting the notice at the door of the courthouse in each of the counties and at three public places in every militia district adjacent to the line to be changed.
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 3 - COUNTY BOUNDARIES (§§ 36-3-1 — 36-3-27) › Article 1 - CHANGE OF BOUNDARIES (§§ 36-3-1 — 36-3-5) › Section 36-3-2 - Proceedings before grand juries; action by county governing authorities upon approval of change by grand juries; publication of notice of approval by judges of probate courts

It shall be the duty of the judges of the probate courts of the counties whose dividing line is sought to be changed to lay before the grand juries of their respective counties, on the first day of the next term of the superior courts after the publication of the notice and the filing of the petition provided for in Code Section
36-3-1
, the original petition, together with all maps, plats, and other papers that may have been filed therewith. If such grand juries, by a two-thirds' vote of their respective bodies, approve the change applied for, they shall so declare in their general presentments. This action of the grand juries shall be certified at once by the clerks of the superior courts to the county governing authority in the counties to be affected, who shall, within 30 days from the date of the certification, approve or disapprove the application and certify their action to the judges of the probate courts of their respective counties. When the judges of the probate courts have satisfactory evidence of the concurrent approval of the grand juries and of the county governing authority in the counties to be affected, they shall cause an official notice of concurrent approval and a description of the line approved to be published for at least 30 days in a public newspaper having general circulation in their respective 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 3 - COUNTY BOUNDARIES (§§ 36-3-1 — 36-3-27) › Article 1 - CHANGE OF BOUNDARIES (§§ 36-3-1 — 36-3-5) › Section 36-3-3 - When new boundary lines deemed established

When all the proceedings have been had in the manner prescribed in Code Sections
36-3-1
and
36-3-2
and when the same have been fairly recorded by the judges of the probate courts on the minutes of their respective courts, the new line or lines shall be held to have been established in lieu of the original line or lines.
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 3 - COUNTY BOUNDARIES (§§ 36-3-1 — 36-3-27) › Article 1 - CHANGE OF BOUNDARIES (§§ 36-3-1 — 36-3-5) › Section 36-3-4 - Payment of costs of proceedings

The entire costs of advertising and recording the petition, descriptions, and all other papers and proceedings relating to the proposed change in the boundary line of a county shall be paid by the person or persons applying therefor.
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 3 - COUNTY BOUNDARIES (§§ 36-3-1 — 36-3-27) › Article 1 - CHANGE OF BOUNDARIES (§§ 36-3-1 — 36-3-5) › Section 36-3-5 - Filing of survey, plat, and resolution relating to change of boundary with Secretary of State; disposition thereof; recordation of certified copy by clerks of superior courts

When all proceedings have transpired pursuant to this article, three copies of the survey and plat evidencing a change in county lines and a copy of a resolution from the governing authority of each county evidencing approval of the change shall be filed jointly by the judge of the probate court of each county with the Secretary of State. Upon receipt of the copies of the survey and plat and the resolutions provided above, the Secretary of State shall certify the survey and plat and send a certified copy thereof to the clerk of the superior court of each county affected by the change in county lines. The clerk of the superior court shall record the survey and plat in the same book in which other plats of the county are recorded. The Secretary of State shall retain one copy of the survey and plat, such copy of the survey and plat to be filed in his office.
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 3 - COUNTY BOUNDARIES (§§ 36-3-1 — 36-3-27) › Article 2 - SETTLEMENT OF BOUNDARY DISPUTES (§§ 36-3-20 — 36-3-27) › Section 36-3-20 - Presentment of boundary dispute by grand jury; certification to Governor; appointment of surveyor to define line; return of survey and plat to Secretary of State

When the boundary line between two or more counties is in dispute and the grand jury of either county presents that the boundary line needs to be marked out and defined, it shall be the duty of the clerk of the superior court in the county where the presentments were made to certify the presentments to the Governor. The Governor shall appoint some suitable and competent land surveyor, who shall not reside in either county, to survey, mark out, and define the boundary line in dispute and to return the survey with plat to the Secretary of State's office to be recorded in a book to be kept for that purpose.
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 3 - COUNTY BOUNDARIES (§§ 36-3-1 — 36-3-27) › Article 2 - SETTLEMENT OF BOUNDARY DISPUTES (§§ 36-3-20 — 36-3-27) › Section 36-3-21 - Service of notice of survey upon county authorities

Before the land surveyor proceeds to make the survey, he shall give the authorities having charge of the revenues of the counties at least ten days' notice of the time and place intended to commence the survey. The notice shall be given by mail or in person.
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 3 - COUNTY BOUNDARIES (§§ 36-3-1 — 36-3-27) › Article 2 - SETTLEMENT OF BOUNDARY DISPUTES (§§ 36-3-20 — 36-3-27) › Section 36-3-21.1 - Counties' agreement to boundary lines; filing of resolutions

(a)
At any time after certification of the grand jury presentment to the Governor and prior to a final determination by the Secretary of State under Code Section
36-3-24
, the governing authorities of the affected counties may by mutual agreement determine where the boundary line shall be located. Any such agreement shall be evidenced by the adoption of an appropriate concurrent unanimous resolution by the governing authority of each affected county; and each such resolution shall incorporate or incorporate by reference an agreed upon plat, description, or other means of definitely ascertaining the boundary line.
(b)
The resolutions of the affected counties shall be filed with the Secretary of State and the Department of Community Affairs, together with the agreed upon plat, description, or other means of definitely ascertaining the county line. If the Secretary of State finds that:
(1)
Such resolutions meet the requirements of this Code section;
(2)
The agreed upon plat, description, or other means adequately defines the boundary line;
(3)
The surveyor, if appointed, has been adequately compensated for services performed to date or adequate arrangements have been made for the payment of such compensation; and
(4)
The agreement is otherwise proper to terminate the boundary dispute,
then the Secretary of State may enter a written determination that the disputed boundary line has been determined by agreement as authorized by this Code section. Such written determination, the concurrent resolutions of the affected counties, and the plat, description or other means of definitely ascertaining the boundary line shall be recorded in the same manner and with the same effect provided for in Code Section
36-3-25
.
Added by 2002 Ga. Laws 960, § 1, eff. 5/16/2002.
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 3 - COUNTY BOUNDARIES (§§ 36-3-1 — 36-3-27) › Article 2 - SETTLEMENT OF BOUNDARY DISPUTES (§§ 36-3-20 — 36-3-27) › Section 36-3-22 - Copy of survey and plat furnished to county authorities

The land surveyor appointed by the Governor to survey, mark out, and define the boundary line in dispute shall furnish the judges of the probate courts or chairmen of the boards of county commissioners of the respective counties with a copy of the survey and plat made and returned by him to the Secretary of State, at the same time the survey and plat are made and returned to the Secretary of State.
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 3 - COUNTY BOUNDARIES (§§ 36-3-1 — 36-3-27) › Article 2 - SETTLEMENT OF BOUNDARY DISPUTES (§§ 36-3-20 — 36-3-27) › Section 36-3-23 - Filing of survey and plat with Secretary of State; time for protest or exceptions thereto

The survey with plat, made and returned to the Secretary of State, shall be filed in his office, and entry of filing shall be made thereon; but the survey and plat shall not be recorded within the space of 30 days from the date of its reception in such office, for the purpose of allowing the authorities of either county dissatisfied therewith to file a protest or exceptions thereto within that time.
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 3 - COUNTY BOUNDARIES (§§ 36-3-1 — 36-3-27) › Article 2 - SETTLEMENT OF BOUNDARY DISPUTES (§§ 36-3-20 — 36-3-27) › Section 36-3-24 - Notice and hearing of protest or exceptions by Secretary of State

If a protest or exceptions to the survey and plat are filed in the Secretary of State's office within the 30 days, it shall be the duty of the Secretary of State to give, through the mail, ten days' written notice of the time when he will hear the protest or exceptions at his office to the county governing authorities of the respective counties. Upon the hearing, the Secretary of State shall determine from the law and evidence the true boundary line in dispute between the respective 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 3 - COUNTY BOUNDARIES (§§ 36-3-1 — 36-3-27) › Article 2 - SETTLEMENT OF BOUNDARY DISPUTES (§§ 36-3-20 — 36-3-27) › Section 36-3-25 - Recordation of survey and plat; conclusive effect; subsequent changes of boundary line

Upon the making of a decision by the Secretary of State pursuant to Code Section
36-3-24
or in case no protest or exceptions are filed within the 30 days, the Secretary of State shall cause the survey and plat to be recorded in a book to be kept for that purpose, whereupon the same shall be final and conclusive as to the boundary line in dispute. When the boundary line in dispute has been established as final and conclusive as provided in this Code section, the same boundary line shall not again be subject to the procedures set forth in this article, and such boundary line may subsequently be changed only in accordance with Article 1 of this chapter, provided that nothing contained in this sentence shall affect any boundary line dispute in question on July 1, 1980, until the dispute is settled.
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 3 - COUNTY BOUNDARIES (§§ 36-3-1 — 36-3-27) › Article 2 - SETTLEMENT OF BOUNDARY DISPUTES (§§ 36-3-20 — 36-3-27) › Section 36-3-26 - Compensation of land surveyor; notification of county authorities of fee; advisory committee

(a)
The land surveyor shall receive a fee to be fixed by the Secretary of State or his designated deputy or assistant. Such fee shall be based upon reasonable compensation for the work to be performed and the rates normally charged by land surveyors in the same geographical area as the disputed line. The fee shall be negotiated prior to the commencement of the survey. Prior to the commencement of the survey, it shall be the duty of the Secretary of State to notify the governing authorities of the counties affected of the fee which has been negotiated.
(b)
For the purpose of assisting the Secretary of State in connection with his responsibilities and duties to fix and negotiate an appropriate fee for the services of the land surveyor in surveying, marking out, and defining the boundary line in dispute, the Secretary of State may appoint an advisory committee to be composed of three registered land surveyors. One of the members of the advisory committee shall be a county surveyor who shall be selected by the Secretary of State from a list of at least three county surveyors submitted to the Secretary of State by the Association County Commissioners of Georgia. The members of the advisory committee shall serve at the pleasure of the Secretary of State or for such terms as the Secretary of State shall provide. The members of the advisory committee shall receive no compensation for their services as such.
(c)
The advisory committee shall review the proposals of the land surveyor appointed by the Governor and shall counsel and advise the Secretary of State as to the committee's recommendation concerning an appropriate fee for such services. The recommendations of the advisory committee to the Secretary of State in relation to such fee shall not be binding upon the Secretary of State but shall be used by the Secretary of State in assisting him in determining and fixing an appropriate fee.
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 3 - COUNTY BOUNDARIES (§§ 36-3-1 — 36-3-27) › Article 2 - SETTLEMENT OF BOUNDARY DISPUTES (§§ 36-3-20 — 36-3-27) › Section 36-3-27 - Payment by county authorities of compensation; tax levy

It shall be the duty of the governing authorities of each of the counties affected by such survey to pay that proportion of the fee established under Code Section
36-3-26
that such county bears to the total number of counties directly affected by the survey. The payment of such fees is declared to be a public purpose. The governing authority of each county affected is authorized and directed to pay such fees and to levy such taxes as may be necessary for the payment of such 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 4 - CHANGE OR REMOVAL OF COUNTY SITE (§§ 36-4-1 — 36-4-6) › Section 36-4-1 - Petition for removal or change of county site; order of election; notice of election; qualifications of voters; frequency of elections

Whenever two-fifths of the electors of any county who are qualified to vote for members of the General Assembly, as shown by the registration list last made out, shall petition the judge of the probate court for the removal or change of the county site of the county, the judge of the probate court shall at once grant an order directing an election to be held at the various election precincts in the county not less than 40 nor more than 60 days thereafter. The petition shall state where the new county site is to be located. Notice of the election shall be published weekly for four weeks previous to the day of the election in the newspaper in which the sheriff publishes his legal notices. All persons qualified to vote for members of the General Assembly shall be qualified to vote at the election. Elections under this Code section shall not occur more often than once in five years.
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 4 - CHANGE OR REMOVAL OF COUNTY SITE (§§ 36-4-1 — 36-4-6) › Section 36-4-2 - Conduct of election generally; returns

The election shall be held and conducted and returns shall be made thereof as is provided by Chapter 2 of Title 21, the "Georgia Election Code."
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 4 - CHANGE OR REMOVAL OF COUNTY SITE (§§ 36-4-1 — 36-4-6) › Section 36-4-3 - Form and marking of ballots; number of votes required to authorize removal

At the election, the form of the ballot and the procedure for marking the ballot shall be as provided in Chapter 2 of Title 21, the "Georgia Election Code." The ballot for such election shall have written or printed thereon the following:
"[ ] YES
Shall the county site of __________________ County
[ ] NO
be moved to __________________?"
In any such referendum election, all persons desiring to vote in favor of moving the county site shall vote "Yes," and those persons desiring to vote against moving the county site shall vote "No." If two-thirds of the votes cast at the election are in favor of removal, the General Assembly next convening after the election may provide for the removal of the county site by appropriate legislation.
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 4 - CHANGE OR REMOVAL OF COUNTY SITE (§§ 36-4-1 — 36-4-6) › Section 36-4-4 - Certificate of Secretary of State as evidence of election and number of votes

The certificate of the Secretary of State showing that the election was held and that two-thirds of the qualified voters voting at the election voted in favor of removal shall be sufficient evidence of the holding of the election and of the number of votes cast.
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 4 - CHANGE OR REMOVAL OF COUNTY SITE (§§ 36-4-1 — 36-4-6) › Section 36-4-5 - Where courts to be held after removal; validity of proceedings

After a county site is removed as provided by law, all the courts which are required by law to be held at the county site of the county, by proper orders made by the judges of such courts at chambers or in regular session and entered on the minutes of the courts, shall continue to be held in the old buildings at the former county site until the new buildings at the county site are ready for occupancy. All the proceedings of any court so held shall be legal.
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 4 - CHANGE OR REMOVAL OF COUNTY SITE (§§ 36-4-1 — 36-4-6) › Section 36-4-6 - Where offices to be kept after removal

The authorities having charge of county affairs in any county for which the county site has been removed shall provide by an order entered on their minutes that the county officers of the county shall have and keep their offices in such buildings at either the old or new county site as, in the judgment of the county authorities, may be best, until the new buildings are ready for occupancy.
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 5 - ORGANIZATION OF COUNTY GOVERNMENT (§§ 36-5-1 — 36-5-29) › Article 2 - COUNTY GOVERNING AUTHORITIES (§§ 36-5-20 — 36-5-29) › Section 36-5-20 - Official names of county governing authorities

The words "Roads and Revenues" are stricken from the official names of all of the governing authorities of the counties of this state, so that the official names of the governing authorities of the counties will be changed from "Board of Commissioners of Roads and Revenues of __________________ County" and from the "Commissioner of Roads and Revenue of __________________ County" to "Board of Commissioners of __________________ County" and "Commissioner of __________________ County," respectively.
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 5 - ORGANIZATION OF COUNTY GOVERNMENT (§§ 36-5-1 — 36-5-29) › Article 2 - COUNTY GOVERNING AUTHORITIES (§§ 36-5-20 — 36-5-29) › Section 36-5-21 - Vacancy in office of county commissioner or other governing authority

(a)
When a vacancy occurs in the office of a county governing authority in any county in which the local Act creating that governing authority for the county makes no provision for succession to fill the vacancy and the unexpired term of office exceeds six months in duration, it shall be the duty of the judge of the probate court of the county to call a special election to elect a successor and fill the vacancy in not less than 30 nor more than 60 days. The election shall be held as provided by Chapter 2 of Title 21, the "Georgia Election Code," and the cost of the election shall be defrayed by the proper county authorities. If the unexpired term to be filled is less than six months in duration and the local Act creating the governing authority makes no provision to fill the vacancy, the judge of the superior court of the county shall have the power to appoint a successor to fill the unexpired term.
(b)
Unless otherwise provided by local law, when the office of any county commissioner is vacated for any reason and a special election is required to be called pursuant to subsection (a) of this Code section, the remaining members of the board of commissioners shall constitute the governing authority of the county during the interim period between the creation of the vacancy and the election and qualification of a successor to fill the vacancy pursuant to subsection (a) of this Code section, except that if as a result of that vacancy or any combination of such vacancies there is no longer any commissioner remaining in office to constitute the county governing authority, the judge of the probate court of the county shall serve as the county governing authority until the election and qualification under subsection (a) of this Code section of all successors to the vacated positions on the county governing authority.
(c)
A judge of the probate court serving as the county governing authority pursuant to subsection (b) of this Code section shall receive for such service, in addition to any other compensation that judge is authorized by law to receive, an amount equal to the amount the chairman of the board of commissioners or the sole commissioner, as applicable, would have been authorized to receive for that period of service.
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 5 - ORGANIZATION OF COUNTY GOVERNMENT (§§ 36-5-1 — 36-5-29) › Article 2 - COUNTY GOVERNING AUTHORITIES (§§ 36-5-20 — 36-5-29) › Section 36-5-22 - County manager authorized

(a)
The governing authority of any county of this state or the General Assembly may create in and for those counties in which it deems necessary or advisable the office of county manager and may vest in such office powers, duties, and responsibilities of an administrative nature. The qualifications, method of selection, appointment, compensation, tenure, and such other related matters pertaining to the office of county manager shall be provided for by the governing authority of the county.
(b)
Nothing in this Code section shall pertain to consolidated governments which include all the area within any county.
(c)
This Code section shall not apply to any county having a population of more than 500,000 according to the United States decennial census of 1990 or any future such census.
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 5 - ORGANIZATION OF COUNTY GOVERNMENT (§§ 36-5-1 — 36-5-29) › Article 2 - COUNTY GOVERNING AUTHORITIES (§§ 36-5-20 — 36-5-29) › Section 36-5-22.1 - Powers and duties; delegation

(a)
The governing authority of each county has original and exclusive jurisdiction over the following subject matters:
(1)
The directing and controlling of all the property of the county, according to law, as the governing authority deems expedient;
(2)
The levying of a general tax for general county purposes and a special tax for particular county purposes;
(3)
The establishing, altering, or abolishing of all roads, bridges, and ferries in conformity to law;
(4)
Reserved;
(5)
The filling of all vacancies in county offices unless some other body or official is empowered by law to so fill such vacancy;
(6)
The examining, settling, and allowing of all claims against the county;
(7)
The examining and auditing of the accounts of all officers having the care, management, keeping, collection, or disbursement of money belonging to the county or appropriated for its use and benefit and the settling of the same;
(8)
The making of such rules and regulations for the support of the poor of the county, for the county police and patrol, for the promotion of health, and for quarantine as are authorized by law or not inconsistent therewith; and
(9)
The regulating of peddling and fixing of the cost of licenses therefor.
(b)
Nothing in this Code section shall be construed to prohibit a local law from delegating to a chairman or chief executive officer of a county governing authority jurisdiction over any subject matter provided for in subsection (a) of this Code section.
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 5 - ORGANIZATION OF COUNTY GOVERNMENT (§§ 36-5-1 — 36-5-29) › Article 2 - COUNTY GOVERNING AUTHORITIES (§§ 36-5-20 — 36-5-29) › Section 36-5-23 - [Repealed] Salary of county commissioner in counties having population of not less than 56,400 or more than 60,000

Amended by 2002 Ga. Laws 884, § 1, eff. 7/1/2002.
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 5 - ORGANIZATION OF COUNTY GOVERNMENT (§§ 36-5-1 — 36-5-29) › Article 2 - COUNTY GOVERNING AUTHORITIES (§§ 36-5-20 — 36-5-29) › Section 36-5-24 - Definitions; compensation of members of county governing authorities

(a)
As used in this Code section, the term:
(1)
"County governing authority" means a governing authority as defined in paragraph (7) of Code Section
1-3-3
and an elected county chief executive officer.
(2)
"Expenses in the nature of compensation" means any expense allowance or any form of payment or reimbursement of expenses other than reimbursement for expenses actually and necessarily incurred by members of a county governing authority.
(b)
Unless otherwise provided by local law, the governing authority of each county is authorized to fix the salary, compensation, expenses, and expenses in the nature of compensation of the members of the governing authority subject to the following conditions:
(1)
Any increase in salary, compensation, expenses, or expenses in the nature of compensation for members of a county governing authority shall not be effective until the first day of January of the year following the next general election held after the date on which the action to increase the compensation was taken;
(2)
A county governing authority shall take no action to increase salary, compensation, expenses, or expenses in the nature of compensation until notice of intent to take such action and the fiscal impact of such action has been published in a newspaper designated as the legal organ of the county at least once a week for three consecutive weeks immediately preceding the meeting at which the action is taken; and
(3)
Such action shall not be taken during the period of time beginning with the date that candidates for election as members of the county governing authority may first qualify as such candidates and ending with the first day of January following the date of qualification.
(c)
Salary, compensation, expenses, and expenses in the nature of compensation paid to members of a county governing authority in accordance with applicable local or general salary laws in effect on January 1, 2001, and as subsequently amended, shall continue in full force and effect as compensation for such county officials unless such compensation is increased pursuant to subsection (b) of this Code section; and this Code section shall not affect the power of the General Assembly at any time by local or general law to increase or decrease any or all of such compensation or by local law to withdraw the authority otherwise granted to a county governing authority under this Code section.
Amended by 2013 Ga. Laws 33,§ 36, eff. 4/24/2013.
Added by 2001 Ga. Laws 245, § 1, eff. 4/27/2001.
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 5 - ORGANIZATION OF COUNTY GOVERNMENT (§§ 36-5-1 — 36-5-29) › Article 2 - COUNTY GOVERNING AUTHORITIES (§§ 36-5-20 — 36-5-29) › Section 36-5-25 - Salary of county commissioner in county administered by single commissioner

(a)
In every county of this state in which the county government is administered by a single county commissioner, such county commissioner shall be entitled to receive a minimum annual salary equal in amount to the minimum annual salary provided for the sheriff of any such county pursuant to the provisions of subsection (a) of Code Section
15-16-20
; provided, however, that a local law may provide for a greater annual salary than such minimum salary or may provide an expense allowance in addition to such minimum salary or in addition to such greater salary; provided, further, that any such county commissioner may by resolution elect to receive a salary of lesser amount which is provided by a local law.
(b)
The provisions of subsection (a) of this Code section shall not affect any automobile allowance provided for any such county commissioner pursuant to local law.
Amended by 2002 Ga. Laws 884, § 2, eff. 7/1/2002.
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 5 - ORGANIZATION OF COUNTY GOVERNMENT (§§ 36-5-1 — 36-5-29) › Article 2 - COUNTY GOVERNING AUTHORITIES (§§ 36-5-20 — 36-5-29) › Section 36-5-26 - Authorization for service of process

A county governing authority shall have the power to authorize any of the officers, agents, and employees of the county to serve, in any manner prescribed by applicable law, any process, summons, notice, or order on all persons, as defined in Code Section
1-3-3
therein named, when:
(1)
The paper to be served arises out of or relates to an activity or condition conducted or maintained by such person within the territorial jurisdiction of the county in violation of an applicable law or ordinance covering the following: public housing, building, electrical, plumbing, heating, ventilating, air-conditioning, air and water pollution control, solid waste management, and other technical or environmental codes; county business, occupation, and professional license tax ordinances; county privilege license or permit ordinances; or ordinances providing for the protection of facilities for the treatment or wholesale or retail distribution of water from tampering or theft which may arise either from a single isolated act or omission or from an activity or condition;
(2)
The paper to be served originates in or is issued under the authority of the department or branch of county government employing such officer, agent, or employee; and
(3)
Each and every day the condition is maintained or the activity is conducted is made a separate county offense by applicable law or ordinance.
Where any such paper names one or more persons who reside outside the territorial jurisdiction of the county, the several sheriffs, marshals, and constables of the several counties of this state are authorized and directed to serve any such paper and make appropriate return of such service by them, as other process is served and returned, on such named persons residing in their respective jurisdictions, upon receipt of a written request to make such service, for the fees allowed for service of process issued by the superior courts of this state.
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 5 - ORGANIZATION OF COUNTY GOVERNMENT (§§ 36-5-1 — 36-5-29) › Article 2 - COUNTY GOVERNING AUTHORITIES (§§ 36-5-20 — 36-5-29) › Section 36-5-27 - Compensation supplement with designation as a certified county commissioner

In addition to any other compensation to which a member of a county governing authority is entitled under general or local law, any such official who has been awarded a certificate from the University of Georgia, evidencing his or her successful completion of the voluntary course of training administered by the Carl Vinson Institute of Government resulting in designation as a certified county commissioner shall be entitled to a compensation supplement of $100.00 per month. With regard to members of the governing authority of a consolidated government, designation either as a certified county commissioner or a certified municipal official by the Carl Vinson Institute of Government shall be acceptable.
Added by 2001 Ga. Laws 291, § 18, eff. 1/1/2002.
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 5 - ORGANIZATION OF COUNTY GOVERNMENT (§§ 36-5-1 — 36-5-29) › Article 2 - COUNTY GOVERNING AUTHORITIES (§§ 36-5-20 — 36-5-29) › Section 36-5-28 - Members of county governing authority to receive compensation increase when classified service employees receive increase; calculation; effective date

Whenever the state employees subject to compensation plans authorized and approved in accordance with Code Section
45-20-4
receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the compensation to which a member of a governing authority is entitled under general or local law shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amount to which a member of a county governing authority is entitled under general or local law shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amount to which a member of a county governing authority is entitled under general or local law shall become effective on the first day of January following the date that the cost-of-living increases or general performance based increases received by state employees become effective; provided, however, that if the cost-of-living increases received by state employees become effective on January 1, such periodic changes in the amount to which a member of a county governing authority is entitled under general or local law shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective.
Amended by 2012 Ga. Laws 630,§ 2-55, eff. 7/1/2012.
Amended by 2009 Ga. Laws 155,§ 1, eff. 5/5/2009.
Added by 2001 Ga. Laws 291, § 18, eff. 1/1/2002.
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 5 - ORGANIZATION OF COUNTY GOVERNMENT (§§ 36-5-1 — 36-5-29) › Article 2 - COUNTY GOVERNING AUTHORITIES (§§ 36-5-20 — 36-5-29) › Section 36-5-29 - Pay increases for certain members of county governing authorities

(a)
Compensation to which a member of a county governing authority is entitled under general or local law, including amounts provided for in Code Sections
36-5-27
and
36-5-28
shall be increased by multiplying said amounts by the percentage which equals 2.5 percent times the number of completed, four-year terms of office served by such member of a county governing authority where such terms have been completed after December 31, 2004, effective the first day of January following the completion of each such period of service.
(b)
For a member of a county governing authority elected to two-year terms of office or six-year terms of office, the percentage increase provided for in subsection (a) of this Code section shall be 1.25 percent times the number of completed two-year terms or 3.75 percent times the number of completed six-year terms as applicable.
Added by 2006 Ga. Laws 649,§ 11, eff. 7/1/2006.
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 6 - COUNTY TREASURER (§§ 36-6-1 — 36-6-28) › Section 36-6-1 - Qualifications for office; election; commission; term; abolishment and fixing compensation of office by General Assembly

(a)
No other conditions of eligibility are required for the office of county treasurer than those which apply to all other county officers, provided that no other county officer can also be county treasurer.
(b)
County treasurers shall be elected and commissioned in the same manner and at the same time as clerks of the superior courts and shall hold their offices for terms of four years. The General Assembly, by local law, may abolish the office of county treasurer in any county and may fix the compensation of the county treasurer.
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 6 - COUNTY TREASURER (§§ 36-6-1 — 36-6-28) › Section 36-6-2 - Requirement of bond and oath

No appointment or election to the office of county treasurer is effective until bond and security is given and the oath of office is taken.
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 6 - COUNTY TREASURER (§§ 36-6-1 — 36-6-28) › Section 36-6-3 - Form of oath

In addition to the oath required of all public officers, before entering on the duties of their office, county treasurers must take the following oath:
"I, __________________, do swear that I will faithfully collect, disburse, and account for all moneys or other effects of the county, and otherwise faithfully discharge all the duties required of me by law as county treasurer. So help me God."
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 6 - COUNTY TREASURER (§§ 36-6-1 — 36-6-28) › Section 36-6-4 - When bond to be given; form and amount

Within 30 days after his election or appointment, the county treasurer shall give a bond payable to the county governing authority with securities approved by such authority, in a sum which in its judgment will be ample to protect the county from any loss.
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 6 - COUNTY TREASURER (§§ 36-6-1 — 36-6-28) › Section 36-6-5 - Filing and recordation of oath and bond

(a)
The oath of office of the county treasurer must be entered on the minutes of the county governing authority and filed in his office. His official bond must be filed and recorded in such office.
(b)
When one or more sureties on the bond of the county treasurer own real estate in any county or counties other than the county in which the treasurer holds office, such bond, within 30 days after the execution thereof, shall be recorded in the county or counties wherein the real estate is situated, by the county governing authority, or such bond shall be recorded within 30 days after its execution by the authority in the book of record of bonds of county officers. After the treasurer's bond is accepted and recorded in the county in which the treasurer holds office, the county governing authority of such county shall forward the same to the county governing authority in each county in which any one or more sureties on the bond own any real estate; such county governing authority to whom the bond is sent shall record the same in accordance with this subsection.
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 6 - COUNTY TREASURER (§§ 36-6-1 — 36-6-28) › Section 36-6-6 - Recordation of bond to bind third parties; effect of recordation after 30 days

As against the interests of third parties acting in good faith and without notice who may have acquired a transfer or lien binding the real estate of any surety on the bond of any county treasurer situated in any county other than that in which the treasurer holds office, no such real estate of the surety shall be bound from the date of the bond unless the bond is recorded in the county. When the bond is recorded after 30 days, the real estate of the surety situated in any county other than that in which the treasurer holds office shall be bound only from the date on which the bond is recorded.
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 6 - COUNTY TREASURER (§§ 36-6-1 — 36-6-28) › Section 36-6-7 - Effect of Code Sections 36-6-5 and 36-6-6 on lien of bond

Nothing in Code Sections
36-6-5
and
36-6-6
shall be construed to affect the validity or force of the lien of any such bond from the date thereof as between the parties thereto.