reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 5 - DISPOSITION OF UNCLAIMED PROPERTY (§§ 44-12-190 — 44-12-239.2) › Section 44-12-228 - Maintenance and retention of records

(a)
Every financial institution, banking organization, and business association and all other holders required to file a report under Code Section
44-12-214
shall retain all books, records, and documents necessary to establish the accuracy and compliance of such report for ten years after the property becomes reportable, except to the extent that shorter time is provided in accordance with Article 5 of Chapter 18 of Title 50, the 'Georgia Records Act,' or in subsection (b) of this Code section or by rule of the commissioner. As to any property for which it has obtained the last known address of the owner, the holder shall maintain a record of the name and last known address of the owner for the same ten-year period.
(b)
Any business associations that sell in this state their traveler's checks, money orders, or other similar written instruments, other than third-party bank checks on which the business association is directly liable, or that provides such instruments to others for sale in this state shall maintain a record of those instruments while they remain outstanding, indicating the state and date of issue for three years after the date the property is reportable.
(c)
Every claimant's designated representative and buyer of unclaimed property shall keep and use in his or her business such books, accounts, and records of the business conducted under this article to enable the department to determine whether such person is in compliance with this article and the rules adopted by the department under this article. Every claimant's designated representative and buyer of unclaimed property shall preserve such books, accounts, and records, including every Unclaimed Property Recovery Agreement or Unclaimed Property Purchase Agreement between the owner and such claimant's representative or buyer, for at least three years after the date of the initial agreement.
(d)
Upon request by the department, a claimant's designated representative or buyer of unclaimed property shall provide all books, accounts, and records maintained in compliance with subsection (c) of this Code section to the department for examination.
(e)
Electronic documents shall satisfy the requirements of this Code section.
Amended by 2023 Ga. Laws 81,§ 9, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 5 - DISPOSITION OF UNCLAIMED PROPERTY (§§ 44-12-190 — 44-12-239.2) › Section 44-12-229 - Investigations and examinations by department; commissioner may compel filing of report and may examine records; failure to maintain records

(a)
The department may make investigations and examinations of claims, reports, and other records as it deems necessary to administer and enforce the provisions of this article.
(b)
The commissioner may require any person who has not filed a report to file a verified report stating whether or not the person is holding any unclaimed property reportable or deliverable under this article.
(c)
The commissioner may at reasonable times and upon reasonable notice examine the records of any person to determine whether the person has complied with the provisions of this article. The commissioner may conduct the examination even if the person believes it is not in possession of any property reportable or deliverable under this article.
(d)
If a holder fails to maintain the records required by Code Section
44-12-228
and the records of the holder available for the periods subject to this article are insufficient to permit the preparation of a report, the holder shall be required to report and pay such amounts as may reasonably be estimated from any available records.
Amended by 2023 Ga. Laws 81,§ 10, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 5 - DISPOSITION OF UNCLAIMED PROPERTY (§§ 44-12-190 — 44-12-239.2) › Section 44-12-230 - Employment of independent consultant

The commissioner may employ the services of such independent consultants, and other persons possessing specialized skills or knowledge as he shall deem necessary or appropriate for the administration of this article, including, but not limited to, valuation, maintenance, upkeep, management, sale and conveyance of property, and determination of sources of unreported abandoned property.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 5 - DISPOSITION OF UNCLAIMED PROPERTY (§§ 44-12-190 — 44-12-239.2) › Section 44-12-231 - Enforcement of article; properties not paid over on a timely basis

(a)
The commissioner may bring an action in a court of competent jurisdiction to enforce this article. Notwithstanding the provisions of Code Section
44-12-214
, the commissioner shall commence enforcement for the reporting, payment, or delivery of property presumed abandoned under this article, with the exception of property held in a fiduciary capacity, not later than seven years from the date the property is presumed abandoned.
(b)
Properties due and owing under this Code section and not paid over to the commissioner on a timely basis shall be paid upon notice and demand by the commissioner or the commissioner's delegate and shall be assessed and collected in the manner provided for assessment and collection of state taxes in Chapters 2, 3, and 4 of Title 48. The commissioner is authorized to issue an execution for the amounts due as provided in Code Section
48-3-1
. The remedies specified in this subsection shall be in addition to all other remedies provided for in this article.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 5 - DISPOSITION OF UNCLAIMED PROPERTY (§§ 44-12-190 — 44-12-239.2) › Section 44-12-232 - Article does not relieve holder of duty that arose before July 1, 1990

(a)
This article does not relieve the holder of a duty that arose before July 1, 1990, to report, pay, or deliver property. A holder who did not comply with the law in effect before July 1, 1990, is subject to the applicable enforcement and penalty provisions that then existed and they are continued in effect for the purpose of this subsection, subject to Code Section
44-12-227
.
(b)
The initial report filed under this article for property that was not required to be reported before July 1, 1990, but which is subject to this article must include all items of property that would have been presumed abandoned during the ten-year period preceding July 1, 1990, as if this article had been in effect during that period.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 5 - DISPOSITION OF UNCLAIMED PROPERTY (§§ 44-12-190 — 44-12-239.2) › Section 44-12-233 - Receipt of securities under this article

Whenever the commissioner shall receive securities under this article in the name of the owner, he shall forthwith take appropriate action to transfer the record of ownership of said securities into the name of the commissioner.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 5 - DISPOSITION OF UNCLAIMED PROPERTY (§§ 44-12-190 — 44-12-239.2) › Section 44-12-234 - Property in foreign country or arising out of foreign transaction

This article does not apply to any property held, due, and owing in a foreign country and arising out of a foreign transaction.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 5 - DISPOSITION OF UNCLAIMED PROPERTY (§§ 44-12-190 — 44-12-239.2) › Section 44-12-235 - Rules and regulations

The commissioner may make necessary rules and regulations to carry out the provisions of this article.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 5 - DISPOSITION OF UNCLAIMED PROPERTY (§§ 44-12-190 — 44-12-239.2) › Section 44-12-236 - Alternative method of disposition with respect to certain dividends or capital credits which are presumed abandoned; definitions; procedures

(a)
As used in this Code section, the term:
(1)
"Approved uses" means:
(A)
Donated to an Internal Revenue Code Section 501(c)(3) organization serving in the electric membership corporation's service area;
(B)
Used in support of education in the electric membership corporation's service area; or
(C)
Used for economic development purposes in the electric membership corporation's service area.
(2)
"Electric membership corporation's service area" means any county in which the electric membership corporation provides electric service and any county adjacent thereto.
(b)
All patronage dividends or capital credits presumed abandoned pursuant to this article in a given calendar year that are held by an electric membership corporation organized and operating pursuant to Article 4 of Chapter 3 of Title 46 may, in lieu of payment of delivery to the commissioner pursuant to this article, be donated for approved uses if the electric membership corporation has:
(1)
Maintained for at least six months on the electric membership corporation's website or on a public posting in the electric membership corporation's main office a list of the names and last known addresses of all owners of property held by the electric membership corporation which has been presumed abandoned, together with instructions on how to claim such property; and
(2)
Published in the legal organ in the county in which the electric membership corporation's main office is located notice of the last date to claim property that has been presumed abandoned. Such notice shall be published within three to six months prior to the last date to claim the property and shall state that the names of the owners may be found at the electric membership corporation's website or the main office.
Amended by 2020 Ga. Laws 521,§ 44, eff. 7/29/2020.
Added by 2005 Ga. Laws 151,§ 1, eff. 5/4/2005.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 5 - DISPOSITION OF UNCLAIMED PROPERTY (§§ 44-12-190 — 44-12-239.2) › Section 44-12-236.1 - Donation of abandoned dividends or capital credits by rural telephone cooperatives for certain purposes

(a)
As used in the Code section, the term:
(1)
"Area" means any county in which a telephone cooperative provides telephone service and any county adjacent thereto.
(2)
"Telephone cooperative" shall have the same meaning as provided for the term "cooperative" in Code Section
46-5-62
.
(3)
"Telephone service" shall have the same meaning as provided for in Code Section
46-5-62
.
(b)
All patronage dividends or capital credits held by a telephone cooperative that are presumed abandoned pursuant to this article in a given calendar year may, in lieu of payment of delivery to the commissioner pursuant to this article, be donated to a nonprofit organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code that supports education or economic development in the area if the telephone cooperative has:
(1)
Maintained for at least six months on the telephone cooperative's website or on a public posting in the telephone cooperative's main office, a list of the names and last known addresses of all owners of property held by the telephone cooperative that have been presumed abandoned, together with instructions on how to claim such property; and
(2)
Published in the legal organ in the county in which the telephone cooperative's main office is located notice of the last date to claim property that has been presumed abandoned. Such notice shall be published within three to six months prior to the last date to claim the property and shall state that the names of the owners may be found at the telephone cooperative's website or main office.
Added by 2017 Ga. Laws 173,§ 6, eff. 7/1/2017.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 5 - DISPOSITION OF UNCLAIMED PROPERTY (§§ 44-12-190 — 44-12-239.2) › Section 44-12-237 - Unclaimed United States Savings Bond

(a)
Notwithstanding the provisions of subsection (a) of Code Section
44-12-216
, United States savings bonds which are unclaimed property and subject to the provisions of Code Section
44-12-190
, et seq., the "Disposition of Unclaimed Property Act," shall escheat to the State of Georgia three years after becoming unclaimed property and subject to the provisions of Code Section
44-12-190
, et seq., and all property rights to such United States savings bonds or proceeds from such bonds shall vest solely in the State of Georgia.
(b)
If, within 180 days after the passage of three years pursuant to subsection (a) of this Code section, no claim has been filed in accordance with the provisions of Code Section
44-12-190
, et seq., for such United States savings bonds, the commissioner shall commence a civil action in the Superior Court of Fulton County for a determination that such United States savings bonds shall escheat to the state. The commissioner may postpone the bringing of such action until sufficient United States savings bonds have accumulated in the commissioner's custody to justify the expense of such proceedings.
(c)
If no person shall file a claim or appear at the hearing to substantiate a claim or if the court shall determine that a claimant is not entitled to the property claimed, then the court, if satisfied by evidence that the commissioner has substantially complied with the laws of this state, shall enter a judgment that the subject United States savings bonds have escheated to the state.
(d)
The commissioner shall redeem such United States savings bonds, and the proceeds shall be deposited in the state general fund in accordance with the provisions of Code Section
44-12-218
.
Added by 2015 Ga. Laws 145,§ 2, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 5 - DISPOSITION OF UNCLAIMED PROPERTY (§§ 44-12-190 — 44-12-239.2) › Section 44-12-238 - Claim for United States savings bonds escheated to state

Any person making a claim for the United States savings bonds escheated to the state under Code Section
44-12-237
, or for the proceeds from such bonds, may file a claim in accordance with the provisions of Code Section
44-12-190
, et seq., the "Disposition of Unclaimed Property Act." Upon providing sufficient proof of the validity of such person's claim, the commissioner may pay such claim in accordance with the provisions of Code Section
44-12-190
, et seq.
Added by 2015 Ga. Laws 145,§ 2, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 5 - DISPOSITION OF UNCLAIMED PROPERTY (§§ 44-12-190 — 44-12-239.2) › Section 44-12-239.1 - Data base for unclaimed accounts

(a)
The commissioner shall provide a registered claimant's designated representative with access to a downloadable or deliverable, searchable and sortable data base for all unclaimed accounts containing the following information, if provided by the holder:
(1)
Name of the apparent owner. If the property is from an insurance policy, the name of the insured and beneficiary, if applicable;
(2)
Last known address of the apparent owner. If the apparent owner is the insured under an insurance policy, the address of the beneficiary, if applicable;
(3)
Owner account relation utilized by the National Association of Unclaimed Property Administrators;
(4)
Amount of cash, if applicable;
(5)
For unliquidated securities or mutual funds account, the number of shares, the name of the issuer of the security or mutual funds account, and the Committee on Uniform Securities Identification Procedures number, if available;
(6)
For safe-deposit box contents, descriptions that are substantially similar to those utilized by the National Association of Unclaimed Property Administrators;
(7)
Property type descriptions that are substantially similar to those utilized by the National Association of Unclaimed Property Administrators;
(8)
Date of last activity;
(9)
Year property was reported to the commissioner; and
(10)
Holder's name and contact information.
(b)
A claimant's designated representative who receives unclaimed property information from the commissioner is prohibited from distributing such information except for the purpose of soliciting owners of unclaimed property to offer claim services. The commissioner may refer a suspected violation of this Code section to the Attorney General for prosecution.
(c)
Notwithstanding Code Section
44-12-225
, information identified in subsection (a) of this Code section shall not be deemed confidential to registered claimant's designated representatives.
Added by 2023 Ga. Laws 81,§ 11, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 6 - FALLING PECANS (§§ 44-12-240 — 44-12-243) › Section 44-12-240 - Definitions

As used in this article, the term:
(1)
"Harvesting season" means that portion of each calendar year beginning on October 1 and ending on December 31.
(2)
"Owner" means the person, firm, or corporation owning the land on which pecan trees are growing or the person, firm, or corporation having legal possession of the land.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 6 - FALLING PECANS (§§ 44-12-240 — 44-12-243) › Section 44-12-241 - Pecans falling on public right of way; ownership during harvest season; picking pecans from tree limbs without permission; penalty

(a)
When pecan trees are grown on private property and the branches of the trees extend over public roads, streets, or highway rights of way, any pecans falling from any such pecan trees onto the public rights of way shall be the property of the owner of the pecan trees until the end of the harvesting season; and it shall be unlawful for any person to remove the pecans from any public rights of way during the harvesting season without the permission of the owner of the trees.
(b)
It shall be unlawful for any person, without the permission of the owner of pecan trees grown on private property, to pick or otherwise remove any pecans from the limbs or branches of the trees or to cause pecans to fall from the trees.
(c)
Any person who violates this Code section shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 6 - FALLING PECANS (§§ 44-12-240 — 44-12-243) › Section 44-12-242 - Pecans on public right of way; removal out of harvest season

Any pecans remaining on public roads, streets, or highway rights of way during any portion of the calendar year except the harvesting season shall be deemed to be abandoned by the owner of the pecans; and it shall not be unlawful for any person to remove such pecans from such public rights of way.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 6 - FALLING PECANS (§§ 44-12-240 — 44-12-243) › Section 44-12-243 - Effect of article on maintenance of public rights of way; harvest on limited access highways

This article shall not be construed to prohibit employees of the Department of Transportation or the employees of a county or municipality from engaging in normal activities of maintenance on the rights of way of public roads, streets, or highways; nor shall this article be construed to grant the owner of any pecan trees the right to harvest pecans from the right of way of any interstate or other limited access highway.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 7 - PROTECTION OF AMERICAN INDIAN HUMAN REMAINS AND BURIAL OBJECTS (§§ 44-12-260 — 44-12-300) › Part 1 - AMERICAN INDIAN HUMAN REMAINS AND BURIAL OBJECTS HELD BY MUSEUMS (§§ 44-12-260 — 44-12-264) › Section 44-12-260 - Definitions

As used in this article, the term:
(1)
"American Indian" means an individual who is a member of a nation, tribe, band, group, or community that was indigenous to Georgia; is a descendant of persons named as American Indians in the Georgia Senate Bill 89, enacted during the legislative session of 1839 (Ga. L. 1839, p. 374); or is a descendant of persons included in the United States Indian Claims Commission, Docket 21, 1962, and those sequel dockets pertaining to the Creek Nation east of the Mississippi River.
(2)
"American Indian tribe" means any nation, tribe, band, group, or community that was indigenous to Georgia and is recognized as eligible for the special programs and services provided by the United States to Indians because of its status as Indian; or whose members are descendants of American Indians indigenous to Georgia.
(3)
"Burial object" means an object that, as a part of the death rite or ceremony of a culture, is reasonably believed to have been placed with individual human remains either at the time of death or later. Such term includes any item defined in paragraph (4) of Code Section
36-72-2
and may also include but not be limited to urns; whole or broken ceramic, metal, or glass vessels; chipped stone tools; ground stone tools; worked bone and shell items; clothing; medals; buttons; jewelry; firearms; edged weapons; and the caskets or containers for the human remains.
(4)
"Burial site" or "burial ground" means an area dedicated to and used for interment of human remains. The fact that the area was used for burial purposes shall be evidence that it was set aside for burial purposes. Such a site may be any natural or prepared physical location, whether originally below, on, or above the surface of the earth, into which, as a part of the death rite or ceremony of a culture, individual human remains are deposited. Such term does not include any cemetery required to be registered with the Secretary of State pursuant to Code Section
10-14-4
.
(5)
"Council" means the Council on American Indian Concerns established by Code Section
44-12-280
.
(6)
"Cultural affiliation" means that there is a relationship of shared group identity which can be reasonably traced historically or prehistorically between a present day Indian tribe and an identifiable earlier group.
(7)
"Human remains" means the bodies of deceased human beings in any stage of decomposition, including cremated remains.
(8)
"Inventory" means a simple itemized list that summarizes the information called for by this article.
(9)
"Museum" means any institution or state or local government agency or any institution of higher learning that is not included in paragraph (8) of Section 2 of Public Law 101-601.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 7 - PROTECTION OF AMERICAN INDIAN HUMAN REMAINS AND BURIAL OBJECTS (§§ 44-12-260 — 44-12-300) › Part 1 - AMERICAN INDIAN HUMAN REMAINS AND BURIAL OBJECTS HELD BY MUSEUMS (§§ 44-12-260 — 44-12-264) › Section 44-12-263 - Monitoring and review of inventory, identification, and repatriation activities

The council shall monitor and review the implementation of inventory and identification process and repatriation activities required under Code Sections
44-12-261
and
44-12-262
to ensure a fair, objective consideration and assessment of all available relevant information and evidence.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 7 - PROTECTION OF AMERICAN INDIAN HUMAN REMAINS AND BURIAL OBJECTS (§§ 44-12-260 — 44-12-300) › Part 1 - AMERICAN INDIAN HUMAN REMAINS AND BURIAL OBJECTS HELD BY MUSEUMS (§§ 44-12-260 — 44-12-264) › Section 44-12-264 - Penalties for violation of Code Sections 44-12-261 and 44-12-262

(a)
Any museum which fails to comply with the provisions of Code Section
44-12-261
or
44-12-262
shall be subject to a civil penalty to be imposed by the council. The amount of such penalty shall be based upon:
(1)
The archeological, historical, or commercial value of the item involved;
(2)
The damages suffered, both economic and noneconomic, by an aggrieved party; and
(3)
The number of violations that have occurred
but in no event shall the aggregate amount of such civil penalty exceed $5,000.00.
(b)
Whenever the council proposes to subject a person to the imposition of a civil penalty under this Code section, the council shall notify such person in writing:
(1)
Setting forth the date, facts, and nature of each act or omission with which the person is charged;
(2)
Specifically identifying the particular provision or provisions of the Code section, rule, regulation, order, license, or registration certificate involved in the violation; and
(3)
Advising of each penalty which the council proposes to impose and its amount.
Such written notice shall be sent by registered or certified mail or statutory overnight delivery by the council to the last known address of such person. The person so notified shall be granted an opportunity to show in writing, within such reasonable period as the council shall by rule or regulation prescribe, why such penalty should not be imposed. The notice shall also advise such person that, upon failure to pay the civil penalty subsequently determined by the council, if any, the penalty may be collected by civil action. Any person upon whom a civil penalty is imposed may appeal such action pursuant to Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
(c)
A civil penalty finally determined under this Code section may be collected by civil action in the event that such penalty is not paid as required. On the request of the council, the Attorney General is authorized to institute a civil action to collect a penalty imposed pursuant to this Code section. The Attorney General shall have the exclusive power to compromise, mitigate, or remit such civil penalties as are referred to the Attorney General for collection.
(d)
All moneys collected from civil penalties shall be paid to the state for deposit in the general fund.
Amended by 2002 Ga. Laws 778, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 7 - PROTECTION OF AMERICAN INDIAN HUMAN REMAINS AND BURIAL OBJECTS (§§ 44-12-260 — 44-12-300) › Part 2 - COUNCIL ON AMERICAN INDIAN CONCERNS (§§ 44-12-280 — 44-12-285) › Section 44-12-281 - Compensation and expenses

Councilmembers shall receive no compensation for their services but shall be reimbursed for their actual travel and expenses necessarily incurred in the performance of their duties for each day such member of the council is in attendance at a meeting of the council.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 7 - PROTECTION OF AMERICAN INDIAN HUMAN REMAINS AND BURIAL OBJECTS (§§ 44-12-260 — 44-12-300) › Part 2 - COUNCIL ON AMERICAN INDIAN CONCERNS (§§ 44-12-280 — 44-12-285) › Section 44-12-282 - Chairperson; meetings; quorum

Annually, the councilmembers shall elect a chairperson for a term of one year. The council shall meet as frequently as needed to perform its duties, upon the call of the council chairperson. Five councilmembers shall constitute a quorum to conduct business.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 7 - PROTECTION OF AMERICAN INDIAN HUMAN REMAINS AND BURIAL OBJECTS (§§ 44-12-260 — 44-12-300) › Part 2 - COUNCIL ON AMERICAN INDIAN CONCERNS (§§ 44-12-280 — 44-12-285) › Section 44-12-283 - Powers and duties of council

The council shall have the following powers and duties:
(1)
To serve as a resource for the notification of relatives under paragraph (4) of Code Section
36-72-5
, relating to notification of relatives pursuant to obtaining a permit for land use change or disturbance; provided, however, that failure of the council to respond within 30 days to a request to serve as a resource for the notification shall not prevent the notification process or any permit process from taking place;
(2)
To receive notice of permits issued and contracts issued under subsection (c) of Code Section
12-3-52
that affect aboriginal, prehistoric, or American Indian burial sites;
(3)
To monitor the inventory and identification process conducted under Code Section
44-12-261
to ensure a fair, objective consideration and assessment of all available relevant information and evidence;
(4)
To facilitate the resolution of disputes among American Indian tribes, lineal descendants of American Indians, and museums relating to the return of American Indian remains and burial objects pursuant to Code Section
44-12-262
, including convening the parties to the dispute;
(5)
To advise the Department of Natural Resources, the General Assembly, the Human Relations Commission, the Secretary of State, local political subdivisions, state and local law enforcement agencies, and other appropriate agencies and individuals regarding policy matters relating to issues affecting American Indians;
(6)
To apply for and receive grants, gifts, and direct appropriations from the federal government; the state government; any county, municipal, or local government; any board, bureau, commission, agency, or establishment of any such government; any other organization, public or private; and any individual or groups of individuals; and
(7)
To preserve and foster the culture and heritage of Indians and Indian descendants in this state and to be the agency to deal with specific federal programs which are required to be dealt with only by an Indian agency or organization.
Amended by 2002 Ga. Laws 778, § 3, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 7 - PROTECTION OF AMERICAN INDIAN HUMAN REMAINS AND BURIAL OBJECTS (§§ 44-12-260 — 44-12-300) › Part 2 - COUNCIL ON AMERICAN INDIAN CONCERNS (§§ 44-12-280 — 44-12-285) › Section 44-12-283.1 - Additional powers of council

In addition to any other powers granted by law, the council may, in its discretion, study, consider, accumulate, compile, assemble, and disseminate information on any aspect of Indian affairs; investigate relief needs of Indians in Georgia and provide technical assistance in the preparation of plans for the alleviation of such needs; confer with appropriate officials of local, state, and federal governments, and agencies of these governments, and with such congressional committees that may be concerned with Indian affairs, in order to encourage and implement coordination of applicable resources to meet the needs of Indians in Georgia; cooperate with and secure the assistance of the local, state, and federal governments, or any agencies thereof, in formulating any such programs and coordinate such programs with any programs regarding Indian affairs adopted or planned by the federal government, to the end that the department secures the full benefit of such programs; review all proposed or pending state legislation and amendments to existing state legislation affecting Indians in Georgia; conduct public hearings on matters relating to Indian affairs; study the existing status of recognition of all Indian groups, tribes, and communities presently existing in the state; expend funds in compliance with state regulations; and make legislative recommendations.
Added by 2002 Ga. Laws 778, § 3, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 7 - PROTECTION OF AMERICAN INDIAN HUMAN REMAINS AND BURIAL OBJECTS (§§ 44-12-260 — 44-12-300) › Part 2 - COUNCIL ON AMERICAN INDIAN CONCERNS (§§ 44-12-280 — 44-12-285) › Section 44-12-283.2 - Council authorized to promulgate rules and regulations; notification requirement

The council is authorized to promulgate rules and regulations to accomplish the provisions of this article in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." The council is expressly prohibited from engaging in any activity which would tend to assist the implementation of Indian gaming in this state, and the council shall immediately notify in writing the Governor, the President of the Senate, and the Speaker of the House of Representatives of any communication it may receive from any source relating to such subject.
Added by 2002 Ga. Laws 778, § 3, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 7 - PROTECTION OF AMERICAN INDIAN HUMAN REMAINS AND BURIAL OBJECTS (§§ 44-12-260 — 44-12-300) › Part 2 - COUNCIL ON AMERICAN INDIAN CONCERNS (§§ 44-12-280 — 44-12-285) › Section 44-12-284 - Delegation of duties; professional, technical, and clerical personnel

The council may delegate duties to one or more councilmembers or agents. The council is authorized to obtain the services of such professional, technical, and clerical personnel as may be necessary to enable it to carry out its functions under this part and to contract for such services as may be necessary to enable the council to carry out its responsibilities.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 7 - PROTECTION OF AMERICAN INDIAN HUMAN REMAINS AND BURIAL OBJECTS (§§ 44-12-260 — 44-12-300) › Part 2 - COUNCIL ON AMERICAN INDIAN CONCERNS (§§ 44-12-280 — 44-12-285) › Section 44-12-285 - Annual report

The council shall make an annual report of its activities to the Governor.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 7 - PROTECTION OF AMERICAN INDIAN HUMAN REMAINS AND BURIAL OBJECTS (§§ 44-12-260 — 44-12-300) › Part 3 - LEGITIMATE AMERICAN INDIAN TRIBES (§ 44-12-300) › Section 44-12-300 - Tribes, bands, groups, or communities recognized by state as legitimate American Indian Tribes

(a)
The State of Georgia officially recognizes as legitimate American Indian tribes of Georgia the following tribes, bands, groups, or communities:
(1)
The Georgia Tribe of Eastern Cherokee
P.O. Box 1323
Dahlonega, Georgia 30533;
(2)
The Lower Muscogee Creek Tribe
Tama Reservation
107 Tall Pine Drive
Whigham, Georgia 39897; and
(3)
The Cherokee of Georgia Tribal Council
110 Cherokee Way
Saint George, Georgia 31562.
(b)
The General Assembly may recognize tribes, bands, groups, or communities other than those stated in subsection (a) of this Code section as the General Assembly deems appropriate.
Amended by 2024 Ga. Laws 571,§ 2, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 8 - DIE, MOLDS, FORMS, AND PATTERNS (§§ 44-12-310 — 44-12-322) › Part 1 - IN GENERAL (§§ 44-12-310 — 44-12-311) › Section 44-12-310 - Definitions

As used in this article, the term:
(1)
"Customer" means any individual or entity who causes or caused a molder to fabricate, cast, or otherwise make a die, mold, form, or pattern or who provides a molder with a die, mold, form, or pattern to manufacture, assemble, cast, fabricate, or otherwise make a product or products for a customer.
(2)
"Molder" means any individual or entity who fabricates, casts, or otherwise makes or uses a die, mold, form, or pattern for the purpose of manufacturing, assembling, casting, fabricating, or otherwise making a product or products for a customer. "Molder" includes, but is not limited to, a tool or die maker.
(3)
"Within three years following the last prior use" shall include any three-year period following the last prior use of a die, mold, form, or pattern regardless of whether or not any portion of such period precedes July 1, 1999.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 8 - DIE, MOLDS, FORMS, AND PATTERNS (§§ 44-12-310 — 44-12-322) › Part 1 - IN GENERAL (§§ 44-12-310 — 44-12-311) › Section 44-12-311 - Rights and title; transfer to molder

(a)
In the absence of any agreement to the contrary, the customer shall have all rights and title to any die, mold, form, or pattern in the possession of the molder.
(b)
If a customer does not claim possession from a molder of a die, mold, form, or pattern within three years following the last prior use, all rights and title to any die, mold, form, or pattern shall be transferred by operation of law to the molder for the purpose of destroying or otherwise disposing of such die, mold, form, or pattern, consistent with this Code section.
(c)
If a molder chooses to have all rights and title to any die, mold, form, or pattern transferred to the molder by operation of law, the molder shall send written notice by registered mail or statutory overnight delivery to the chief executive officer of the customer or, if the customer is not a business entity, to the customer at the customer's last known address, indicating that the molder intends to terminate the customer's rights and title by having all such rights and title transferred to the molder by operation of law pursuant to this Code section. Such notice shall include a statement of the customer's rights as set forth in subsection (d) of this Code section.
(d)
(1)
If a customer does not respond in person or by mail to claim possession of the particular die, mold, form, or pattern within 120 days following the date the notice was sent, or does not make other contractual arrangements with the molder for storage of the die, mold, form, or pattern, all rights and title of the customer, except patents and copyrights, shall transfer by operation of law to the molder. Thereafter, the molder may destroy or otherwise dispose of the particular die, mold, form, or pattern as the molder's own property without any risk of liability to the customer.
(2)
This Code section shall not in any manner affect any right of the customer under federal patent or copyright law or federal law pertaining to unfair competition.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 8 - DIE, MOLDS, FORMS, AND PATTERNS (§§ 44-12-310 — 44-12-322) › Part 2 - MOLDERS' LIENS (§§ 44-12-320 — 44-12-322) › Section 44-12-320 - Lien created; notice; enforcement; public auction authorized

(a)
Molders shall have a lien, dependent on possession, on all dies, molds, forms, or patterns in their hands belonging to a customer, for the balance due them from such customer for any manufacturing or fabrication work related to the property on which the molder claims the lien. Such liens shall attach upon the commencement of work by the molder and shall be subject to any prior perfected security interest in such property as of the commencement date. The molder may retain possession of the die, mold, form, or pattern until the charges are paid or until repossessed by a creditor with a prior perfected security interest.
(b)
Before enforcing such lien, notice in writing shall be given to the customer, whether delivered personally or sent by registered mail or statutory overnight delivery to the last known address of the customer. Such notice shall state that a lien is claimed for the damages set forth in or attached to such writing for manufacturing or fabrication work contracted or performed for the customer. Such notice shall also include a demand for payment.
(c)
A lien may not be enforced under this part if the customer, within the time period provided in subsection (d) of this Code section, notifies the molder that the products fail to meet an approved quality control plan, the products deviated from approved samples, or the products deviated from previously accepted parts and the customer returns the products within 60 days after the date on which the products are delivered to the customer.
(d)
If the molder has not been paid the amount due within 60 days after the notice has been received by the customer as provided in subsection (b) of this Code section and the products have not been returned to the molder within 60 days after the date on which the products are delivered to the customer because of a defective condition as provided in subsection (c) of this Code section, the molder may sell the die, mold, form, or pattern at a public auction.
(e)
In no event shall the amount of the lien established by this Code section exceed the contract price of services performed by the molder.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 8 - DIE, MOLDS, FORMS, AND PATTERNS (§§ 44-12-310 — 44-12-322) › Part 2 - MOLDERS' LIENS (§§ 44-12-320 — 44-12-322) › Section 44-12-321 - Notice before sale of property; violation of certain rights prohibited

(a)
Before a molder may sell a die, mold, form, or pattern, pursuant to subsection (c) of Code Section
44-12-320
, the molder shall notify the customer by registered mail or statutory overnight delivery, return receipt requested. The notice shall include the following information:
(1)
The molder's intention to sell the die, mold, form, or pattern 30 days after the customer's receipt of the notice;
(2)
A description of the die, mold, form, or pattern to be sold;
(3)
The time and place of the sale; and
(4)
An itemized statement for the amount due.
(b)
If there is no return of the receipt of the mailing or if the postal service returns the notice as being nondeliverable, the molder shall publish notice of the molder's intention to sell the die, mold, form, or pattern in a newspaper of general circulation in the county of the customer's last known place of business. The notice shall include a description of the die, mold, form, or pattern.
(c)
A sale shall not be made under this Code section if such sale would violate any right of a customer under federal patent or copyright law.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 8 - DIE, MOLDS, FORMS, AND PATTERNS (§§ 44-12-310 — 44-12-322) › Part 2 - MOLDERS' LIENS (§§ 44-12-320 — 44-12-322) › Section 44-12-322 - Effect of part on other laws of this state

In the event of any conflict between the provisions of this part and the provisions of Articles 7 and 8 of Chapter 14 of this title, the provisions of this part shall control.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 13 - EXEMPTIONS FROM LEVY AND SALE (§§ 44-13-1 — 44-13-120) › Article 1 - CONSTITUTIONAL EXEMPTIONS (§§ 44-13-1 — 44-13-87) › Part 1 - IN GENERAL (§§ 44-13-1 — 44-13-21) › Section 44-13-1 - Amount of exemption; who may claim exemption; what charges enforceable

Except as otherwise provided in this article, there shall be exempt from levy and sale by virtue of any process whatever under the laws of this state any real or personal property or both of a debtor in the amount of $5,000.00 or $21,500.00 for real or personal property that is the debtor's primary residence. No court or ministerial officer in this state shall ever have jurisdiction or authority to enforce any judgment, execution, or decree against property set apart under this Code section, including such improvements as may be made thereon from time to time, except for taxes, for the purchase money of the property, for labor done on the property, for material furnished for the property, or for the removal of encumbrances on the property.
Amended by 2012 Ga. Laws 722,§ 1, eff. 5/2/2012.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 13 - EXEMPTIONS FROM LEVY AND SALE (§§ 44-13-1 — 44-13-120) › Article 1 - CONSTITUTIONAL EXEMPTIONS (§§ 44-13-1 — 44-13-87) › Part 1 - IN GENERAL (§§ 44-13-1 — 44-13-21) › Section 44-13-1.1 - "Dependent" defined

As used in this article, the term "dependent" means a person whom the debtor may claim as a dependent for income tax purposes pursuant to Code Section
48-7-26
.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 13 - EXEMPTIONS FROM LEVY AND SALE (§§ 44-13-1 — 44-13-120) › Article 1 - CONSTITUTIONAL EXEMPTIONS (§§ 44-13-1 — 44-13-87) › Part 1 - IN GENERAL (§§ 44-13-1 — 44-13-21) › Section 44-13-2 - Application for exemption by spouse, minor children or representative of dependents upon debtor's refusal to apply

Should a debtor refuse to apply for an exemption under this article, the debtor's spouse, any person acting on behalf of the minor children of the debtor, or any person acting on behalf of the dependents of the debtor may make such application; and it shall be as binding as if done by the debtor.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 13 - EXEMPTIONS FROM LEVY AND SALE (§§ 44-13-1 — 44-13-120) › Article 1 - CONSTITUTIONAL EXEMPTIONS (§§ 44-13-1 — 44-13-87) › Part 1 - IN GENERAL (§§ 44-13-1 — 44-13-21) › Section 44-13-3 - Supplementation of exemption

It shall be the right of the applicant to supplement his exemption by adding to an amount already set apart, which amount is less than the whole amount of the exemption allowed by this article, enough to make his exemption equal to the whole amount allowed by resorting to the methods for setting apart and valuation of the exemptions provided in this chapter. The proceedings shall be in all respects the same.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 13 - EXEMPTIONS FROM LEVY AND SALE (§§ 44-13-1 — 44-13-120) › Article 1 - CONSTITUTIONAL EXEMPTIONS (§§ 44-13-1 — 44-13-87) › Part 1 - IN GENERAL (§§ 44-13-1 — 44-13-21) › Section 44-13-4 - Application for exemptions; to whom made; contents; schedule of property and list of creditors; effect of failure to comply; survey

(a)
Each person seeking the benefit of the exemptions provided in this article shall apply by petition to the judge of the probate court of the county in which he resides or in which the debtor's minor children or dependents reside when the application is made for their benefit. The petition shall state:
(1)
The debtor for whom the exemption is claimed;
(2)
The names and ages of minor children and dependents of the debtor; and
(3)
Out of what and whose property exemptions are claimed.
The petition shall comply with all the requirements of the laws for the setting apart and valuation of the exemptions provided by this article.
(b)
The applicant shall accompany his petition with a schedule containing a minute and accurate description of all real and personal property belonging to the person from whose estate the exemption is to be made so that persons interested may know exactly what is exempted and what is not and also with a list of his creditors and their post office addresses, if known, which must be sworn to by the applicant or his agent.
(c)
For a failure to comply with this Code section either in the original petition which may be amended at any time prior to the final proceedings before the judge of the probate court or in the amended petition, the judge shall dismiss the petition.
(d)
The applicant shall apply to the judge of the probate court for an order to the county surveyor or, if there is none, to some other surveyor to lay off any real property of the applicant and to make a plat of the same, which order the judge shall issue at once and give to the applicant.