reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 85 - INTERLOCAL RISK MANAGEMENT AGENCIES (§§ 36-85-1 — 36-85-20) › Section 36-85-11 - Fidelity bond and errors and omissions insurance; administrators to maintain office in state

(a)
The Commissioner shall require each administrator to have and maintain a fidelity bond in an amount which the Commissioner deems appropriate but which is not less than $100,000.00.
(b)
Errors and omissions coverage or other appropriate liability insurance in an amount which is not less than that specified by the rules and regulations of the Commissioner shall be maintained at all times by an administrator of a fund; and a certificate by the insurer or other appropriate evidence of such coverage shall be filed with the Commissioner by the fund.
(c)
Each administrator shall maintain an office in this state for the payment, processing, and adjustment of the claims of the fund or funds which it represents.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 85 - INTERLOCAL RISK MANAGEMENT AGENCIES (§§ 36-85-1 — 36-85-20) › Section 36-85-12 - Revocation, suspension, or refusal to renew certificate of authority; hearing; voluntary dissolution of fund

(a)
The Commissioner may revoke, suspend, or refuse to issue or renew the certificate of authority of any agency when and if, after investigation, he finds that:
(1)
Any certificate of authority issued to the agency was obtained by fraud;
(2)
There was any material misrepresentation in the application for the certificate of authority;
(3)
The agency, any fund established by the agency, the administrator of a fund, or any marketing representative has otherwise shown itself to be untrustworthy or incompetent;
(4)
The agency, any fund established by the agency, the administrator of a fund, or any marketing representative has violated any of the provisions of this chapter or the rules and regulations of the Commissioner promulgated pursuant to this chapter;
(5)
The agency, any fund established by the agency, or the administrator of a fund has misappropriated, converted, illegally withheld, or refused to pay over upon proper demand any moneys which belong to a member or a person otherwise entitled thereto and which have been entrusted to the agency, fund, or administrator in its fiduciary capacities; or
(6)
The agency or any fund established by the agency is found to be in an unsound condition or in such condition as to render its future transaction of business in this state hazardous to its members.
(b)
Before the Commissioner shall revoke, suspend, or refuse to issue or renew the certificate of authority of any agency, he shall give the agency an opportunity to be fully heard and to introduce evidence in its behalf. In lieu of revoking, suspending, or refusing to issue or renew the certificate of authority of any agency for any of the causes enumerated in this Code section, after hearing as provided in this Code section, the Commissioner may place the fund and its administrator on probation for a period of time not to exceed one year when, in his judgment, he finds that the public interest and the interests of the fund's members would not be harmed by the continued operation of the fund. At any hearing provided for by this Code section, the Commissioner or his designee shall have authority to administer oaths to witnesses. Any witness testifying falsely after taking an oath commits the offense of perjury.
(c)
No fund shall be voluntarily dissolved or otherwise voluntarily cease to function unless:
(1)
Written approval is first obtained from the Commissioner; and
(2)
The Commissioner determines that all claims and other legal obligations of the fund have been paid or that adequate provisions for such payment have been made.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 85 - INTERLOCAL RISK MANAGEMENT AGENCIES (§§ 36-85-1 — 36-85-20) › Section 36-85-13 - Exemption from state and local taxes and fees

Interlocal risk management agencies and funds established by such agencies shall be exempt from state and local taxes and fees.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 85 - INTERLOCAL RISK MANAGEMENT AGENCIES (§§ 36-85-1 — 36-85-20) › Section 36-85-14 - Periodic examinations

The Commissioner shall have the authority to require and conduct periodic examinations to verify the solvency of funds in the same manner and under the same conditions as insurers are examined under Chapter 2 of Title 33.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 85 - INTERLOCAL RISK MANAGEMENT AGENCIES (§§ 36-85-1 — 36-85-20) › Section 36-85-15 - Fund deficiencies; assessments upon members; liquidation of fund

(a)
If the assets of a fund are at any time insufficient to enable a fund to discharge its legal liabilities and other obligations and to maintain the reserves and surplus required of it under this chapter, the agency shall forthwith make up the deficiency or levy an assessment upon the members of the fund for the amount needed to make up the deficiency.
(b)
If the agency fails to make up the deficiency or to make the required assessment of the fund members within 30 days after the Commissioner orders it to do so or if the deficiency is not fully made up within 60 days after the date on which any such assessment is made or within such longer period of time as may be specified by the Commissioner, the fund shall be deemed to be insolvent and shall be proceeded against in the same manner as are domestic insurers under Chapter 37 of Title 33; and the Commissioner shall have the same powers and limitations in such proceedings as are provided under that chapter, except as otherwise provided for in this chapter.
(c)
If the liquidation of a fund is ordered, an assessment shall be levied upon its members for such an amount as the Commissioner determines to be necessary to discharge all liabilities of the fund, including the reasonable costs of liquidation.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 85 - INTERLOCAL RISK MANAGEMENT AGENCIES (§§ 36-85-1 — 36-85-20) › Section 36-85-16 - Rules and regulations

The Commissioner shall have authority to promulgate rules and regulations to effectuate the provisions of this chapter.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 85 - INTERLOCAL RISK MANAGEMENT AGENCIES (§§ 36-85-1 — 36-85-20) › Section 36-85-17 - Hearings

Any party which is aggrieved by any act, determination, order, or any other action of the Commissioner taken pursuant to this chapter may request a hearing before the Commissioner or otherwise proceed in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 85 - INTERLOCAL RISK MANAGEMENT AGENCIES (§§ 36-85-1 — 36-85-20) › Section 36-85-18 - Excess loss funding program required

(a)
An interlocal risk management agency shall maintain at all times an excess loss funding program acceptable to the Commissioner. An excess loss funding program may consist of excess insurance, self-funding from unobligated surplus of a fund, any combination of the foregoing, or any other funding program acceptable to the Commissioner.
(b)
The excess loss funding program of an agency shall be approved by the Commissioner as a condition to the issuance and maintenance of a certificate of authority of any agency which establishes a fund or funds authorized pursuant to this article. An agency may be permitted to purchase excess insurance:
(1)
From insurers authorized to transact business in this state; or
(2)
From approved surplus lines carriers.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 85 - INTERLOCAL RISK MANAGEMENT AGENCIES (§§ 36-85-1 — 36-85-20) › Section 36-85-19 - Audits of funds

Each fund established under this chapter shall have an annual audit of its books and accounts performed by a certified public accountant. Such audit shall be conducted in accordance with generally accepted accounting principles or statutory accounting principles. A copy of such audit shall be made available to fund members.
Amended by 2022 Ga. Laws 768,§ 1, eff. 5/2/2022.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 85 - INTERLOCAL RISK MANAGEMENT AGENCIES (§§ 36-85-1 — 36-85-20) › Section 36-85-20 - Exercise of authority not provision of liability insurance; sovereign immunity

The exercise by a municipality or county of the authority provided in this chapter shall not constitute the provision of liability insurance protection under Article I, Section II, Paragraph IX of the Constitution of the State of Georgia. The participation by a municipality or county as a member of an agency authorized by this chapter shall not constitute the obtaining of liability insurance and no sovereign immunity shall be waived on account of such participation.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 86 - LOCAL GOVERNMENT EFFICIENCY (§§ 36-86-1 — 36-86-4) › Section 36-86-1 - Short title

This chapter shall be known and may be cited as the "Local Government Efficiency Act."
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 86 - LOCAL GOVERNMENT EFFICIENCY (§§ 36-86-1 — 36-86-4) › Section 36-86-2 - Legislative findings and determinations; purpose

(a)
The General Assembly finds and determines that there is a pressing need for modernization and reorganization of local government service delivery programs in many parts of the state. Both increasing population and urbanization in some areas of the state, as well as relative population decreases in other areas of the state, together with modern developments in transportation, communication, information, and other service delivery equipment and systems have rendered obsolete many of the traditional local government territorial systems for delivery of local government services.
(b)
In many cases the consolidation of local government units or the consolidation of local government service delivery programs can lead to increased efficiency in the delivery of local government services, thereby providing either enhanced service delivery, lower levels of taxation, or both. In other cases, however, existing territorial systems for local government service delivery already operate in an efficient and cost-effective manner.
(c)
The purpose of this chapter is to provide incentives and requirements relating to consolidation of local government units and local government service delivery programs in those cases where such consolidation will improve efficiency and cost effectiveness, without disturbing territorial arrangements which already operate in an efficient and cost-effective manner.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 86 - LOCAL GOVERNMENT EFFICIENCY (§§ 36-86-1 — 36-86-4) › Section 36-86-3 - Definitions

As used in this chapter, the term:
(1)
"Local government unit" includes each county in the state, each municipality in the state, each consolidated government in the state, and each local authority in the state which operates any local government service delivery program but does not include local school systems.
(2)
"Service" or "local government service" includes any and all services provided by a local government unit, including but not limited to the following:
(A)
Law enforcement;
(B)
Fire protection and fire safety;
(C)
Road and street construction and maintenance;
(D)
Public transportation;
(E)
Water supply and distribution;
(F)
Waste-water, sewage, and storm-water collection and disposal;
(G)
Public housing;
(H)
Public health services;
(I)
Enforcement of building, housing, plumbing, and electrical codes and other similar codes;
(J)
Parks and recreation systems;
(K)
Planning and zoning;
(L)
Solid waste management; and
(M)
Electric or gas utility services.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 87 - PARTICIPATION IN FEDERAL PROGRAMS (§§ 36-87-1 — 36-87-2) › Section 36-87-1 - Legislative findings

Pursuant to Article III, Section VI, Paragraph II, subparagraph (a)(3) of the Constitution of Georgia, the General Assembly finds it to be in the public interest of the citizens of Georgia and a public purpose for counties and municipal corporations to be authorized to participate in certain federal programs.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 88 - ENTERPRISE ZONE EMPLOYMENT ACT (§§ 36-88-1 — 36-88-10) › Section 36-88-1 - Short title

This chapter shall be known and may be cited as the "Enterprise Zone Employment Act of 1997."
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 88 - ENTERPRISE ZONE EMPLOYMENT ACT (§§ 36-88-1 — 36-88-10) › Section 36-88-2 - Legislative findings and intent; construction

The General Assembly finds and determines that there is a need for revitalization in many areas of Georgia. Revitalization will improve geographic areas within cities and counties which are suffering from disinvestment, underdevelopment, and economic decline and will encourage private businesses to reinvest and rehabilitate such areas. The General Assembly recognizes that increased employment opportunities for the citizens of Georgia will assist in the implementation of welfare reform. It is the intent of the General Assembly that this chapter be liberally construed to accomplish these purposes.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 88 - ENTERPRISE ZONE EMPLOYMENT ACT (§§ 36-88-1 — 36-88-10) › Section 36-88-4 - Available incentives; qualifying business; exemptions

(a)
The following incentives are available to qualifying business and service enterprises to encourage revitalization within enterprise zones:
(1)
The enterprise zone property tax exemption provided in Code Section
36-88-8
;
(2)
The occupational tax, regulatory fee, and business inspection fee abatement or reduction provided in Code Section
36-88-9
; and
(3)
For enterprise zones created pursuant to subsection (g) of Code Section
36-88-6
, the sales and use tax exemption provided in such subsection pursuant to the authority granted by Article IX, Section II, Paragraph VII(c) of the Constitution of Georgia.
(b)
A qualifying business or service enterprise is an enterprise which increased employment by five or more new full-time job equivalents in an area designated as an enterprise zone and which provides additional economic stimulus in such zone. The quality and quantity of such additional economic stimulus shall be determined, on a case-by-case basis, by the local governing body or bodies that have designated the enterprise zone. Such business or service enterprise may be new, an expansion or reinvestment of an existing business or service enterprise, or a successor to such business or service enterprise. Whenever possible, 10 percent of such new employees shall be low-income or moderate-income individuals.
(c)
Notwithstanding any provision of this Code section to the contrary, a local governing body or bodies creating an enterprise zone prior to January 1, 2000, may provide the exemptions and abatements as provided in this chapter to any qualifying business or service enterprise which employs at least 5,000 persons and which creates ten or more new full-time job equivalents that did not exist prior to July 1, 1997, provided such qualifying business or service enterprise provides economic stimulus to such zone and the quality and quantity of such stimulus is acceptable to the local governing body or bodies creating the enterprise zone.
Amended by 2017 Ga. Laws 24,§ 2, eff. 7/1/2017.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 88 - ENTERPRISE ZONE EMPLOYMENT ACT (§§ 36-88-1 — 36-88-10) › Section 36-88-5 - Designation of enterprise zones

A local governing body or bodies may designate one or more geographic areas as enterprise zones. In such enterprise zone, local ad valorem taxes, occupation taxes, license fees, and other local fees and taxes, except local sales and use taxes or any combination thereof, may be exempted or reduced from applying to qualified business and service enterprises in accordance with the provisions of this chapter. A joint resolution by a county and one or more municipalities may provide such exemptions for jointly designated enterprise zones. Any areas designated as an enterprise zone may be redesignated as an enterprise zone after the expiration of its initial term as an enterprise zone if the area continues to meet the criteria for an enterprise zone contained in this chapter.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 88 - ENTERPRISE ZONE EMPLOYMENT ACT (§§ 36-88-1 — 36-88-10) › Section 36-88-7 - Local ordinances' effect on enterprise zone

(a)
(1)
Each ordinance adopted by a local government possessing an approved enterprise zone, when applicable, shall provide encouragement and incentives to increase rehabilitation, renovation, restoration, improvement for new construction for housing and the economic viability and profitability of businesses and commerce located within such enterprise zones.
(2)
Creation of an enterprise zone shall be consistent with the comprehensive plan or plans of the jurisdiction or jurisdictions designating the enterprise zone which plan or plans are adopted pursuant to Chapter 70 of this title.
(3)
Each local government possessing an enterprise zone may review its ordinances to determine which ordinances may have a negative effect upon the rehabilitation, renovation, restoration, improvement, or new construction of housing, or the economic viability and profitability of businesses and commerce located within an enterprise zone. Such local government may waive, amend, or otherwise modify such ordinances so as to minimize such adverse effect.
(b)
Nothing in this Code section shall authorize any local government to waive, amend, provide exceptions to or otherwise modify or alter any ordinance which is:
(1)
Expressly required to implement or enforce any statutory provisions; or
(2)
Designed to protect persons against discrimination on the basis of race, color, creed, national origin, sex, age, or handicap.
(c)
Nothing in this Code section shall be construed so as to rescind the authority granted to local governments to create, maintain, and regulate enterprise zones pursuant to any local enterprise zone law in effect on July 1, 1997.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 88 - ENTERPRISE ZONE EMPLOYMENT ACT (§§ 36-88-1 — 36-88-10) › Section 36-88-8 - Tax exemption

(a)
(1)
The governing body of a local government or governments creating an enterprise zone other than an enterprise zone under subsection (g) of Code Section
36-88-6
, shall include in the creating ordinance a provision to exempt qualifying business and service enterprises from state, county, and municipal ad valorem taxes that would otherwise be levied on the qualifying business and service enterprises not to exceed the following schedule:
(A)
One hundred percent of the property taxes shall be exempt for the first five years;
(B)
Eighty percent of the property taxes shall be exempt for the next two years;
(C)
Sixty percent of the property taxes shall be exempt for the next year;
(D)
Forty percent of the property taxes shall be exempt for the next year; and
(E)
Twenty percent of the property taxes shall be exempt for the tenth year.
(2)
For any qualifying business or service enterprise, the schedule provided for in paragraph (1) of this subsection may begin in any year during which an area has an enterprise zone designation. Such tax exemption may continue even if the area's enterprise zone designation has terminated. A minimum of five new jobs must be maintained for a qualifying business or service enterprise to maintain eligibility for the tax exemption provided pursuant to this Code section.
(b)
If the project consists of new residential construction, residential rehabilitation, or other rehabilitation of an existing structure and the value of the improvement exceeds the value of the land by a ratio of five to one, then the exemption schedule in subsection (a) of this Code section shall also apply whether or not the project is carried out by a qualifying business or service enterprise.
(c)
In no event shall the value of the property tax exemptions granted to qualifying business and service enterprises within an enterprise zone created by a city, a county, or both, exceed 10 percent of the value of the property tax digest of the creating jurisdiction or jurisdictions.
Amended by 2017 Ga. Laws 24,§ 4, eff. 7/1/2017.
Amended by 2004 Ga. Laws 724, § 5, eff. 5/17/2004.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 88 - ENTERPRISE ZONE EMPLOYMENT ACT (§§ 36-88-1 — 36-88-10) › Section 36-88-9 - Other tax incentives; reporting

(a)
In addition to other incentives, the local governing body or bodies creating an enterprise zone may include in the creating ordinance an exemption or abatement from occupation taxes, regulatory fees, building inspection fees, and other fees that would otherwise have been imposed on a qualifying business. Such governing bodies may grant any of these incentives either when the enterprise is initially created or by subsequent resolution making such incentives applicable to an existing enterprise zone.
(b)
Local governments shall report designations of enterprise zones to the department, providing sufficient information to identify at a minimum the geographic boundaries of the zones, the specific fees and taxes to be exempted or abated, and the beginning and end dates of the designation period. The time and manner of reporting shall be determined by the department.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 88 - ENTERPRISE ZONE EMPLOYMENT ACT (§§ 36-88-1 — 36-88-10) › Section 36-88-10 - Time limitations

An area designated as an enterprise zone shall remain in existence for ten years from the first day of the calendar year immediately following its designation as an enterprise zone; provided, however, that an area designated as an enterprise zone under subsection (g) of Code Section
36-88-6
shall remain in existence for 30 years from such day or until the redevelopment project required in subparagraph (g)(1)(B) of Code Section
36-88-6
is complete and any revenue bonds issued under paragraph (4) of subsection (g) of Code Section
36-88-6
are retired, whichever first occurs. Municipal and county governments may enter into agreements with qualifying business or service enterprises in designated enterprise zones to provide for modification or termination of the tax and fee exemptions and abatements. Property tax incentives available to a qualified business or service enterprise in an enterprise zone shall remain in effect for the full ten-year period established by Code Section
36-88-8
, regardless of the termination of the designation of the enterprise zone.
Amended by 2017 Ga. Laws 24,§ 5, eff. 7/1/2017.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 89 - HOMEOWNER TAX RELIEF GRANTS (§§ 36-89-1 — 36-89-6) › Section 36-89-2 - Appropriation; purpose

In each year, the General Assembly shall appropriate funds for homeowner tax relief grants to counties, municipalities, and county or independent school districts in order to provide for more effective regulation and management of the finance and fiscal administration of the state and pursuant to and in furtherance of the provisions of Article III, Section IX, Paragraph II(c) of the Constitution; Article VII, Section III, Paragraph III of the Constitution; Article VIII, Section I, Paragraph I of the Constitution; and other provisions of the Constitution.
Amended by 2012 Ga. Laws 684,§ 36, eff. 5/1/2012.
Amended by 2003 Ga. Laws 343, § 45, eff. 7/1/2003.
Amended by 2002 Ga. Laws 882, § 5, eff. 5/14/2002.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 89 - HOMEOWNER TAX RELIEF GRANTS (§§ 36-89-1 — 36-89-6) › Section 36-89-5 - Administration; rules and regulations; excess funds

(a)
The state revenue commissioner shall administer this chapter and shall adopt rules and regulations for the administration of this chapter, including specific instructions to local governments. The state revenue commissioner may adopt procedures for partial or installment distribution of grants when the commissioner determines that a full distribution will only result in the necessity of return of funds under subsection (b) of this Code section.
(b)
If any excess funds remain from the funds granted to any county, municipality, or county or independent school district under this chapter, after the county, municipality, or county or independent school district complies with the credit requirements of Code Section
36-89-4
, such excess funds shall be returned by the county, municipality, or county or independent school district to the Department of Revenue.
Amended by 2008 Ga. Laws 471,§ 36, eff. 5/12/2008.
Amended by 2002 Ga. Laws 882, § 8, eff. 5/14/2002.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 89 - HOMEOWNER TAX RELIEF GRANTS (§§ 36-89-1 — 36-89-6) › Section 36-89-6 - Recovery of erroneous or illegal credit

Any credit under this chapter which is erroneously or illegally granted shall be recoverable by the political subdivision granting such credit in the same manner as any other delinquent tax.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 90 - LOCAL GOVERNMENT CABLE FAIR COMPETITION (§§ 36-90-1 — 36-90-8) › Section 36-90-1 - Short title

This chapter shall be known and may be cited as the "Local Government Cable Fair Competition Act of 1999."
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 90 - LOCAL GOVERNMENT CABLE FAIR COMPETITION (§§ 36-90-1 — 36-90-8) › Section 36-90-4 - Accounting methods regarding the cost of providing service; cross-subsidization prohibited

On and after January 1, 2000, each public provider shall prepare and maintain records in accordance with generally accepted governmental accounting principles which record the full cost accounting of providing service. Such records shall show the amount and source of capital, including working capital, utilized in providing service. Nothing contained in this chapter shall preclude a public provider utilizing capital from any lawful source, including the public provider's general funds, provided that the reasonable cost of such capital is accounted for as a cost of providing the service. No public provider shall cross-subsidize the costs of providing service. A public provider shall impute into its indirect costs of providing service an amount for franchise fees, regulatory fees, occupation taxes, pole attachment fees, and ad valorem property taxes, calculated in the same manner as such amounts are calculated for any private provider paying such costs to the public provider in the same service area.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 90 - LOCAL GOVERNMENT CABLE FAIR COMPETITION (§§ 36-90-1 — 36-90-8) › Section 36-90-5 - Franchise agreements

(a)
In providing service, a public provider shall not employ terms more favorable or less burdensome than those imposed by the public provider upon any private provider providing the same service within its jurisdiction with respect to franchise terms and conditions, conditions of access to public property, and pole attachment.
(b)
A franchising authority shall not impose or enforce any local regulation on any private provider which is not also made applicable to any competing public provider, nor shall a franchising authority discriminate between a public provider and private provider.
(c)
A public provider may not unreasonably withhold a request by a private provider to transfer, modify, or renew its existing franchise in accordance with the terms of the franchise and in accordance with the provisions of
47 U.S.C. Section 537
,
47 U.S.C. Section 545
, and
47 U.S.C. Section 546
.
(d)
In any action by a franchising authority to enforce any term or condition of a franchise agreement, a violation of this Code section by the public provider with respect to such respective term or condition shall be a defense in such action.
(e)
Nothing contained in this Code section shall be interpreted to limit the authority of the public provider, as the franchising authority, to collect franchise fees, control and regulate its streets and public ways, or enforce its powers to provide for the public health, safety, and welfare.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 90 - LOCAL GOVERNMENT CABLE FAIR COMPETITION (§§ 36-90-1 — 36-90-8) › Section 36-90-6 - Price or rate charges by public providers

On and after January 1, 2000, a public provider shall offer service at a price or rate to each subscriber which is either (1) equal to or greater than the price or rate for comparable service of competing private providers or (2) equal to or greater than the incremental direct and indirect costs of providing service to such subscriber. If, however, such service is required by state or federal law or regulation to be offered as a subsidized service, the funds to cover any deficiency in such costs shall be identified in the full cost accounting of such service.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 90 - LOCAL GOVERNMENT CABLE FAIR COMPETITION (§§ 36-90-1 — 36-90-8) › Section 36-90-7 - Open meetings and records

All meetings and records of public providers of a service shall be subject to the Georgia public records and public meetings laws contained, respectively, in Article 4 of Chapter 18 of Title 50 and Chapter 14 of Title 50.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 90 - LOCAL GOVERNMENT CABLE FAIR COMPETITION (§§ 36-90-1 — 36-90-8) › Section 36-90-8 - Immunity of local governments from antitrust liability

The immunity from antitrust liability afforded to local governments by the provisions of Code Sections
36-65-1
and
36-65-2
shall not apply to public providers in the offering and providing of services as defined in this chapter; and public providers shall be subject to applicable antitrust liabilities, subject, however, to the provisions of the federal Local Government Antitrust Act of 1984,
15 U.S.C. Sections 34
-
36
.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 91 - PUBLIC WORKS CONSTRUCTION (§§ 36-91-1 — 36-91-119) › Article 1 - DEFINITIONS (§§ 36-91-1 — 36-91-2) › Section 36-91-1 - Short title

This chapter shall be known and may be cited as the "Georgia Local Government Public Works Construction Law."
Former § 36-91-1 was renumbered as § 36-91-2 by 2001 Ga. Laws 261, § 12, eff. 7/1/2001.
Added by 2001 Ga. Laws 261, § 12, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 91 - PUBLIC WORKS CONSTRUCTION (§§ 36-91-1 — 36-91-119) › Article 2 - CONTRACTING AND BIDDING REQUIREMENTS (§§ 36-91-20 — 36-91-24) › Section 36-91-23 - Prohibition of disqualification of otherwise qualified bidder from bid or proposal or prequalification based upon lack of previous experience; conditions

In awarding contracts based upon sealed competitive bids or sealed competitive proposals, no responsible bidder shall be disqualified from a bid or proposal or denied prequalification based upon:
(1)
A lack of previous experience with a job of the size for which the bid or proposal is being sought if:
(A)
The bid or proposal is not more than 30 percent greater in scope or cost from the responsible bidder's previous experience in jobs;
(B)
The responsible bidder has experience in performing the work for which bids or proposals are sought; and
(C)
The responsible bidder is capable of being bonded by a surety which meets the qualifications of the bid documents for a bid bond, a performance bond, and a payment bond as required for the scope of the work for which the bid or proposal is being sought; or
(2)
A lack of previous experience with the construction delivery method to be used for the job for which the bid or proposal is being sought.
Amended by 2018 Ga. Laws 389,§ 2, eff. 5/3/2018.
Added by 2013 Ga. Laws 30,§ 2, eff. 4/24/2013.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 91 - PUBLIC WORKS CONSTRUCTION (§§ 36-91-1 — 36-91-119) › Article 2 - CONTRACTING AND BIDDING REQUIREMENTS (§§ 36-91-20 — 36-91-24) › Section 36-91-24 - Liquidated damages and other incentive provisions for project completion

Public works construction contracts may include both liquidated damages provisions for late construction project completion and incentive provisions for early construction project completion when the project schedule is deemed to have value. The terms of the liquidated damages provisions and the incentive provisions shall be established in advance as a part of the construction contract and included within the terms of the bid or proposal.
Added by 2013 Ga. Laws 194,§ 6, eff. 5/6/2013.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 91 - PUBLIC WORKS CONSTRUCTION (§§ 36-91-1 — 36-91-119) › Article 3 - BONDS (§§ 36-91-40 — 36-91-95) › Part 1 - GENERAL PROVISIONS (§§ 36-91-40 — 36-91-43) › Section 36-91-40 - Approval and filing of bonds with treasurer

(a)
(1)
Any bid bond, performance bond, payment bond, or security deposit required for a public works construction contract shall be approved and filed with the treasurer or the person performing the duties usually performed by a treasurer of the obligee named therein. At the option of the governmental entity, if the surety named in the bond is other than a surety company authorized by law to do business in this state pursuant to a current certificate of authority to transact surety business by the Commissioner of Insurance, such bond shall not be approved and filed unless such surety is on the United States Department of Treasury's list of approved bond sureties.
(2)
Any bid bond, performance bond, or payment bond required by this Code section shall be approved as to form and as to the solvency of the surety by an officer of the governmental entity negotiating the contract on behalf of the governmental entity. In the case of a bid bond, such approval shall be obtained prior to acceptance of the bid or proposal. In the case of payment bonds and performance bonds, such approval shall be obtained prior to the execution of the contract.
(b)
Whenever, in the judgment of the obligee:
(1)
Any surety on a bid, performance, or payment bond has become insolvent;
(2)
Any corporate surety is no longer certified or approved by the Commissioner of Insurance to do business in the state; or
(3)
For any cause there are no longer proper or sufficient sureties on any or all of the bonds,
the obligee may require the contractor to strengthen any or all of the bonds or to furnish a new or additional bond or bonds within ten days. Thereupon, if so ordered by the obligee, all work on the contract shall cease unless such new or additional bond or bonds are furnished. If such bond or bonds are not furnished within such time, the obligee may terminate the contract and complete the same as the agent of and at the expense of the contractor and his or her sureties.
Amended without change by 2001 Ga. Laws 261, § 12, eff. 7/1/2001.
2001 Ga. Laws 261, § 12, redesignated Chapter 91, Article 3, § 36-91-40 as Chapter 91, Article 3, Part 1, § 36-91-40.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 91 - PUBLIC WORKS CONSTRUCTION (§§ 36-91-1 — 36-91-119) › Article 3 - BONDS (§§ 36-91-40 — 36-91-95) › Part 1 - GENERAL PROVISIONS (§§ 36-91-40 — 36-91-43) › Section 36-91-41 - No bid bond required under certain circumstances

When a governmental entity invites competitive sealed proposals for a public works construction project and the request for proposals for such project states that price or project cost will not be a selection or evaluation factor, no bid bond shall be required unless the governmental entity provides for a bid bond in the request for proposals and specifies the amount of such bond.
Added by 2013 Ga. Laws 194,§ 7, eff. 5/6/2013.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 91 - PUBLIC WORKS CONSTRUCTION (§§ 36-91-1 — 36-91-119) › Article 3 - BONDS (§§ 36-91-40 — 36-91-95) › Part 1 - GENERAL PROVISIONS (§§ 36-91-40 — 36-91-43) › Section 36-91-42 - Acceptance of electronic signatures and corporate seals

Public procurement officers shall accept electronic signatures and electronic corporate seals on bonds issued pursuant to this part so long as such signatures and seals comply with the provisions of Chapter 12 of Title 10 and Code Section
33-24-14
.
Added by 2021 Ga. Laws 215,§ 3-1, eff. 5/4/2021.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 91 - PUBLIC WORKS CONSTRUCTION (§§ 36-91-1 — 36-91-119) › Article 3 - BONDS (§§ 36-91-40 — 36-91-95) › Part 1 - GENERAL PROVISIONS (§§ 36-91-40 — 36-91-43) › Section 36-91-43 - through 36-91-45 - Redesignated

Redesignated as Chapter 91, Article 3, Part 2, and renumbered as §§ 36-91-50 through 36-91-54by 2001 Ga. Laws 261, § 12, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 91 - PUBLIC WORKS CONSTRUCTION (§§ 36-91-1 — 36-91-119) › Article 3 - BONDS (§§ 36-91-40 — 36-91-95) › Part 2 - BID BONDS (§§ 36-91-50 — 36-91-54) › Section 36-91-50 - Projects requiring bid bonds; revocation of bids; surety

(a)
Bid bonds shall be required for all public works construction contracts subject to the requirements of this article with estimated bids or proposals over $100,000.00; provided, however, that a governmental entity may require a bid bond for projects with estimated bids or proposals of $100,000.00 or less.
(b)
In the case of competitive sealed bids, except as provided in Code Sections
36-91-52
and
36-91-53
, a bid may not be revoked or withdrawn until 60 days after the time set by the governmental entity for opening of bids. Upon expiration of this time period, the bid will cease to be valid, unless the bidder provides written notice to the governmental entity prior to the scheduled expiration date that the bid will be extended for a time period specified by the governmental entity.
(c)
In the case of competitive sealed proposals, the governmental entity shall advise offerors in the request for proposals of the number of days that offerors will be required to honor their proposals; provided, however, that if an offeror is not selected within 60 days of opening the proposals, any offeror that is determined by the governmental entity to be unlikely of being selected for contract award shall be released from his or her proposal.
(d)
If a governmental entity requires a bid bond for any public works construction contract, no bid or proposal for a contract with the governmental entity shall be valid for any purpose unless the contractor shall give a bid bond with good and sufficient surety or sureties approved by the governing authority. The bid bond shall be in the amount of not less than 5 percent of the total amount payable by the terms of the contract. No bid or proposal shall be considered if a proper bid bond or other security authorized in Code Section
36-91-51
has not been submitted. The provisions of this subsection shall not apply to any bid or proposal for a contract that is required by law to be accompanied by a proposal guaranty and shall not apply to any bid or proposal for a contract with any public agency or body which receives funding from the United States Department of Transportation and which is primarily engaged in the business of public transportation.
Former § 36-91-50 was renumbered as § 36-91-70 by 2001 Ga. Laws 261, § 12, eff. 7/1/2001.
Renumbered from § 36-91-41 and amended by 2001 Ga. Laws 261, § 12, eff. 7/1/2001.
2001 Ga. Laws 261, § 12, redesignated former Chapter 91, Article 4, §§ 36-91-50 through 36-91-52 as Chapter 91, Article 3, Part 3, §§ 36-91-70 through 36-91-72. .
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 91 - PUBLIC WORKS CONSTRUCTION (§§ 36-91-1 — 36-91-119) › Article 3 - BONDS (§§ 36-91-40 — 36-91-95) › Part 2 - BID BONDS (§§ 36-91-50 — 36-91-54) › Section 36-91-51 - Cash in lieu of bid bonds; letters of credit

(a)
In lieu of the bid bond provided for in Code Section
36-91-50
, the governmental entity may accept a cashier's check, certified check, or cash in the amount of not less than 5 percent of the total amount payable by the terms of the contract payable to and for the protection of the governmental entity for which the contract is to be awarded.
(b)
When the amount of any bid bond required under this article does not exceed $750,000.00, the governmental entity may, in its sole discretion, accept an irrevocable letter of credit issued by a bank or savings and loan association, as defined in Code Section
7-1-4
, in the amount of and in lieu of the bond otherwise required under Code Section
36-91-50
.
Amended by 2007 Ga. Laws 122,§ 1, eff. 7/1/2007.
Former § 36-91-51 was renumbered as § 36-91-71 by 2001 Ga. Laws 261, § 12, eff. 7/1/2001.
Renumbered from § 36-91-42 and amended by 2001 Ga. Laws 261, § 12, eff. 7/1/2001.