reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 9 - MASS TRANSPORTATION (§§ 32-9-1 — 32-9-24) › Article 1 - GENERAL PROVISIONS (§§ 32-9-1 — 32-9-12) › Section 32-9-4 - Designation of special or exclusive use travel lanes; use of such lanes

(a)
The department is authorized to designate travel lanes in each direction of travel on any road in the state highway system for the exclusive or preferential use of:
(1)
Buses;
(2)
Motorcycles;
(3)
Passenger vehicles occupied by two persons or more;
(4)
Vehicles bearing alternative fueled vehicle license plates issued under paragraph (5) of subsection (a) of Code Section
40-2-38
or paragraph (7) of subsection (l) of Code Section
40-2-86.1
; or
(5)
Other vehicles as designated by the department.
Where such designation has been made, the road shall be appropriately marked with such signs or other roadway markers and markings to inform the traveling public of the lane restrictions imposed.
(a.1)
Upon approval through either legislative action in the United States Congress or regulatory action by the United States Department of Transportation to permit hybrid vehicles with fewer than two occupants to operate in a high occupancy vehicle lane, the department shall authorize hybrid vehicles to use the travel lanes designated for such vehicles as provided in paragraph (4) of subsection (a) of this Code section.
(b)
No driver of any vehicle not authorized to be operated in a lane designated and signed for exclusive use shall operate such vehicle in such lane except to execute turning movements or in an emergency situation. Any person who violates this subsection shall be guilty of a misdemeanor, punishable as provided for in Code Section
40-6-54
.
(c)
No traffic lane shall be designated and signed for exclusive use pursuant to subsection (a) of this Code section without the approval of the State Transportation Board.
(d)
The department is authorized to promulgate necessary rules and regulations in order to carry out the purposes of this Code section.
Amended by 2023 Ga. Laws 353,§ 7, eff. 7/1/2023.
Amended by 2019 Ga. Laws 148,§ 1, eff. 5/2/2019.
Amended by 2010 Ga. Laws 360,§ 1-61, eff. 5/12/2010.
Amended by 2003 Ga. Laws 191, § 2, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 9 - MASS TRANSPORTATION (§§ 32-9-1 — 32-9-24) › Article 1 - GENERAL PROVISIONS (§§ 32-9-1 — 32-9-12) › Section 32-9-4.1 - FlexAuto lanes

(a)
As used in this Code section, the term "FlexAuto lane" means an area designated as a special lane of travel created by converting emergency lane and hard shoulder areas on the left or right side of an interstate highway or other road into a rush hour traffic lane for use by automobiles during certain hours.
(b)
The department, with the approval of the board, is authorized to designate FlexAuto lanes on the state highway system for the purpose of improving traffic flow in and around areas with a history of traffic congestion.
(c)
Any FlexAuto lane shall be appropriately striped and marked and shall have signage appropriate to indicate its nature, as determined by the department. The department may incorporate emergency havens, emergency ramps, or emergency parking pads into the design and creation of FlexAuto lanes, as determined appropriate by the department.
(d)
The hours of usage of a FlexAuto lane shall be determined by the department.
(e)
It shall be unlawful for any person operating any motor vehicle to use a FlexAuto lane for purposes of travel other than emergency use outside the permitted hours of travel use, as determined and posted by the department. It shall be unlawful for any person operating any motor vehicle other than an automobile, motorcycle, or light truck to use a FlexAuto lane for purposes of travel other than emergency use at any time.
(f)
Prior to implementing this Code section, the department shall, if necessary, seek to secure and implement any federal approvals, waivers, or other actions necessary or appropriate in order to implement this Code section without any loss or impairment of federal funding.
Amended by 2017 Ga. Laws 256,§ 3, eff. 7/1/2017.
Added by 2005 Ga. Laws 135,§ 2, eff. 5/3/2005.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 9 - MASS TRANSPORTATION (§§ 32-9-1 — 32-9-24) › Article 1 - GENERAL PROVISIONS (§§ 32-9-1 — 32-9-12) › Section 32-9-5 - Ride-sharing programs

Subject to general appropriations for such purposes, the department, pursuant to its rules and regulations, is authorized, alone or in cooperation with counties, municipalities, authorities, state agencies, or private or public entities, to participate in the establishment and operation of ride-sharing programs. A ride-sharing program is an undertaking designed to encourage safe and adequate transportation by increasing the number of person-trips per vehicle, regardless of the type of vehicle.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 9 - MASS TRANSPORTATION (§§ 32-9-1 — 32-9-24) › Article 1 - GENERAL PROVISIONS (§§ 32-9-1 — 32-9-12) › Section 32-9-6 - Financial assistance for rail service

(a)
The department is designated as the state agency to offer financial assistance, in the form of a rail service continuation payment, to enable rail service, for which the Interstate Commerce Commission has determined a certificate of abandonment should be issued, to be continued.
(b)
The department is authorized to receive and administer federal financial assistance and to distribute, by contract or otherwise, such federal financial assistance, alone or together with state, local, or private funds available for such purposes, for the implementation of railroad assistance programs that are designed to provide for:
(1)
The cost of rail service continuation payments;
(2)
The cost of purchasing a line of railroad or other rail properties to maintain existing rail services or to provide for future rail services;
(3)
The cost of rehabilitating and improving rail properties on a line of railroad to the extent necessary to permit adequate and efficient rail service on such line; or
(4)
The cost of reducing the cost of the lost rail service in a manner less expensive than continuing rail service.
Subject to general fund appropriations for these purposes, the department is authorized to expend state funds to the extent necessary to pay the state's share of such payments.
(c)
The department shall provide to the Georgia Public Service Commission the pertinent information it may possess regarding a proposed abandonment of a railroad line and shall assist the Public Service Commission, as required, in developing the state's position on the abandonment. The Public Service Commission shall provide to the department the pertinent information it may possess concerning any railroad line for which abandonment has been requested in order to assist the department in preparing an economic and operational analysis of the line.
(d)
Should the department decide to implement a railroad assistance program in accordance with paragraph (4) of subsection (b) of this Code section, the Public Service Commission will use its best efforts, within the scope of its powers and responsibilities, to assist the department in implementing such a program.
(e)
The department is authorized to promulgate reasonable rules and regulations for the implementation and administration of this Code section.
(f)
The department shall not implement or propose to implement any railroad assistance program without the prior concurrence of the State Transportation Board.
(g)
Funds appropriated to the department pursuant to Article III, Section IX, Paragraph VI(b) of the Constitution of Georgia may not be utilized for any of the purposes set out in this Code section.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 9 - MASS TRANSPORTATION (§§ 32-9-1 — 32-9-24) › Article 1 - GENERAL PROVISIONS (§§ 32-9-1 — 32-9-12) › Section 32-9-7 - Financial assistance for airport development

(a)
So that the State of Georgia may effectively and responsibly implement its state airport system plan, after September 30, 1977, all applications to an agency of the United States for funds to improve or develop an airport not regularly served by an air carrier operating under a certificate of public convenience and necessity issued by the Civil Aeronautics Board or any successor agency of the United States government or owned and operated by the United States government shall be submitted to the department for review and comment prior to being submitted to the federal agency. No such application shall be submitted to the federal agency without first having been reviewed and commented on by the department. The department shall act on each application within 90 days after the receipt of the application. Applications submitted to the Federal Aviation Agency prior to September 30, 1977, shall not be subject to the provisions of this Code section.
(b)
The department is authorized, when requested by the owner or operator of any airport for which federal funds are or will be sought for the improvement or development of the airport, to provide such assistance to the owner or operator of the airport as may be necessary to prepare the application for such funds and to complete the project for which such funds are requested.
(c)
In order to effectuate and enforce this Code section, the department is authorized to promulgate necessary rules and regulations and to prescribe conditions and procedures in order to assure compliance in carrying out the purposes of this Code section.
(d)
Funds appropriated to the department pursuant to Article III, Section IX, Paragraph VI(b) of the Constitution of Georgia may not be utilized for any of the purposes set out in this Code section.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 9 - MASS TRANSPORTATION (§§ 32-9-1 — 32-9-24) › Article 1 - GENERAL PROVISIONS (§§ 32-9-1 — 32-9-12) › Section 32-9-8.1 - [Renumbered as 6-1-3] Redesignated

Renumbered as §
6-1-3
by 2016 Ga. Laws 625,§ 32, eff. 5/3/2016.
Added by 2014 Ga. Laws 658,§ 1, eff. 10/1/2014.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 9 - MASS TRANSPORTATION (§§ 32-9-1 — 32-9-24) › Article 1 - GENERAL PROVISIONS (§§ 32-9-1 — 32-9-12) › Section 32-9-9 - Creation of transit authority by special legislation; authority's attributes and powers

(a)
This Code section shall be known and may be cited as the "Transit Authority Act."
(b)
It is declared to be the policy of the state to foster and to assure the development of mass rapid transit systems within the metropolitan areas of this state.
(c)
As used in this Code section, the term "metropolitan area" means
(1)
the area of any city within the state whose population, as determined by the federal census of 1950 or any later federal census, shall have exceeded 43,617 persons (such a city being hereinafter referred to as a central city), together with
(2)
the area suburban to such a central city as each such suburban area shall be more specifically delimited by special Act of the General Assembly.
(d)
The General Assembly may, by special Act, create a transit authority charged with the duty of acquiring, constructing, owning, operating, and maintaining a mass rapid transit system within a metropolitan area as defined in this Code section. The General Assembly, in the special Act creating such an authority, shall delimit the territory to be served by such authority; and the General Assembly may, in such special Act, provide that the property of and the securities issued by such authority shall be exempt from taxation and that such authority may, in addition to the rights, powers, privileges, exemptions, and immunities which are customarily possessed by public corporations, have such other and further rights, powers, privileges, exemptions, and immunities as the General Assembly shall deem appropriate to the accomplishment of its purposes, provided that such authority shall not be empowered to obligate the State of Georgia or any county, municipality, political subdivision, or public body of the state to pay any of its debts; provided, further, that the central city served by such mass rapid transit system and any county or counties whose territory or any part thereof lies within the territorial limits of such authority, as the same may be delimited in the special Act creating such authority, shall have the right to appoint the members of such authority, or a majority thereof, subject to such qualifications for membership and such apportionment of the right of appointment as the special Act creating such authority may provide.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 9 - MASS TRANSPORTATION (§§ 32-9-1 — 32-9-24) › Article 1 - GENERAL PROVISIONS (§§ 32-9-1 — 32-9-12) › Section 32-9-12 - Pilot program for funding streetcar projects

The department will form a pilot program that will provide a state level flow through point for any available federal funding or other forms of financial and development sources and assistance for local, regional, and public-private streetcar projects. Any funding through bonds for such pilot and grant program shall be administered by the State Road and Tollway Authority.
Amended by 2005 Ga. Laws 19,§ 32, eff. 4/7/2005.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 9 - MASS TRANSPORTATION (§§ 32-9-1 — 32-9-24) › Article 2 - RAPID TRANSIT IN METROPOLITAN AREA (§§ 32-9-13 — 32-9-24) › Section 32-9-13 - Definitions

As used in this article, the term:
(1)
"Authority" means the authority created by the MARTA Act and pursuant to a local constitutional amendment for purposes of establishing a metropolitan area system of public transportation set out at Ga. L. 1964, p. 1008.
(2)
"Board" means the board of directors of the authority.
(3)
"City" means the City of Atlanta.
(4)
"MARTA Act" means an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended.
(5)
"Metropolitan area" means the Counties of Clayton, Cobb, DeKalb, Fulton, and Gwinnett and the city.
(6)
"Qualified municipality" shall have the same meaning as provided in paragraph (4) of Code Section
48-8-110
.
(7)
"Regional transit plan" means the official multiyear plan for transit services and facilities adopted pursuant to Code Section
50-39-12
.
Amended by 2019 Ga. Laws 321,§ 32, eff. 5/12/2019.
Amended by 2018 Ga. Laws 409,§ 3-1, eff. 5/3/2018.
Amended by 2016 Ga. Laws 625,§ 32, eff. 5/3/2016.
Added by 2016 Ga. Laws 336,§ 1-1, eff. 4/26/2016.
Repealed by 2014 Ga. Laws 608,§ 1, eff. 6/1/2014.
Added by 2010 Ga. Laws 554,§ 3, eff. 6/2/2010.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 9 - MASS TRANSPORTATION (§§ 32-9-1 — 32-9-24) › Article 2 - RAPID TRANSIT IN METROPOLITAN AREA (§§ 32-9-13 — 32-9-24) › Section 32-9-17 - Logo and branding

(a)
On and after January 1, 2019, the board shall utilize a logo and brand upon any newly acquired capital asset worth more than $250,000.00 that is regularly visible to the public which shall include the acronym "ATL" as a prominent feature.
(b)
On and after January 1, 2023, the board shall utilize a logo and brand upon any property of the authority which shall include the acronym "ATL" as a prominent feature.
(c)
Such branding and logo will in no manner change the official name, business, contracts, or other obligations of the authority.
(d)
The powers and duties conferred under this Code section shall be in addition to any powers and duties authorized in the MARTA Act and shall in no way be interpreted to repeal any portion of such Act.
Added by 2018 Ga. Laws 409,§ 3-1, eff. 5/3/2018.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 9 - MASS TRANSPORTATION (§§ 32-9-1 — 32-9-24) › Article 2 - RAPID TRANSIT IN METROPOLITAN AREA (§§ 32-9-13 — 32-9-24) › Section 32-9-18 - Repeal of funding limitations

Any provision of the MARTA Act which limits the amount the state may contribute to the system of the rapid transit system of the authority shall stand repealed.
Added by 2018 Ga. Laws 409,§ 3-1, eff. 5/3/2018.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 9 - MASS TRANSPORTATION (§§ 32-9-1 — 32-9-24) › Article 2 - RAPID TRANSIT IN METROPOLITAN AREA (§§ 32-9-13 — 32-9-24) › Section 32-9-19 - Transportation services contracts

(a)
Notwithstanding the provisions of the MARTA Act, any county, municipality, special tax or community improvement district, political subdivision of this state within the metropolitan area, or any combination thereof may execute a transportation services contract with the authority to provide public transportation services, facilities, or both, for, to, or within such county, municipality, district, subdivision, or combination thereof. A transportation services contract executed pursuant to this subsection:
(1)
Shall not be a rapid transit contract subject to the conditions established therefor in Code Sections
32-9-20
and
32-9-22
or Section 24 of the MARTA Act;
(2)
May not utilize a method of financing those public transportation services or facilities provided under the contract which involves:
(A)
The issuance of bonds under subsection (c) of Section 24 of the MARTA Act;
(B)
The levy of the special retail sales and use tax described and authorized in Section 25 of the MARTA Act; or
(C)
Both methods described in subparagraphs (A) and (B) of this paragraph;
(3)
Shall require that the costs of any transportation services and facilities contracted for, as determined by the board on the basis of reasonable estimates, allocations of costs and capital, and projections, shall be borne by one or more of the following:
(A)
Fares;
(B)
Other revenues generated by such services or facilities;
(C)
Any subsidy provided, directly or indirectly, by or on behalf of the public entity with which the authority contracted for the services and facilities; or
(D)
A special retail sales and use tax described and authorized in Article 5B of Chapter 8 of Title 48; and
(4)
Shall be for services on the regional transit plan and approved by the Atlanta-regional Transit Link "ATL" Authority.
(b)
Notwithstanding the provisions of the MARTA Act, any county, municipality, special tax or community improvement district, political subdivision of this state outside the metropolitan area, or any combination thereof may execute a transportation services contract with the authority to provide public transportation services, facilities, or both, for, to, or within such county, municipality, district, subdivision, or combination thereof. Under a transportation services contract executed pursuant to this subsection:
(1)
The services and facilities shall be provided pursuant to a transportation services contract meeting the requirements therefor under subsection (a) of this Code section; and
(2)
The contract shall not authorize the construction of any extension of or addition to the authority's existing rapid rail system.
Added by 2018 Ga. Laws 409,§ 3-1, eff. 5/3/2018.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 9 - MASS TRANSPORTATION (§§ 32-9-1 — 32-9-24) › Article 2 - RAPID TRANSIT IN METROPOLITAN AREA (§§ 32-9-13 — 32-9-24) › Section 32-9-21 - [Reserved] Creation of Cobb County Special District for Transit Committee; meetings; contracting; abolishment

Amended by 2021 Ga. Laws 307,§ 32, eff. 5/10/2021.
Added by 2018 Ga. Laws 409,§ 3-1, eff. 5/3/2018.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 9 - MASS TRANSPORTATION (§§ 32-9-1 — 32-9-24) › Article 2 - RAPID TRANSIT IN METROPOLITAN AREA (§§ 32-9-13 — 32-9-24) › Section 32-9-22 - [Reserved] Rapid transit contract with Cobb County on behalf of the Cobb County Special District for Transit

Amended by 2021 Ga. Laws 307,§ 32, eff. 5/10/2021.
Added by 2018 Ga. Laws 409,§ 3-1, eff. 5/3/2018.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 9 - MASS TRANSPORTATION (§§ 32-9-1 — 32-9-24) › Article 2 - RAPID TRANSIT IN METROPOLITAN AREA (§§ 32-9-13 — 32-9-24) › Section 32-9-23 - Retail sales and use tax in Gwinnett and Cobb counties; rate; proceeds; utilization

(a)
In the event Gwinnett County and the authority enter into a rapid transit contract which is approved by a majority of voters, a retail sales and use tax shall be authorized to be levied pursuant to the conditions and limitations set forth in Section 25 of the MARTA Act, except as provided to the contrary in subsection (c) of this Code section. Such additional tax shall not count toward any local sales tax limitation provided for by Code Section
48-8-6
.
(b)
Reserved.
(c)
(1)
The retail sales and use tax authorized to be levied pursuant to this Code section shall be at a rate of up to 1 percent. Any tax imposed under this Code section shall be in increments of 0.05 percent.
(2)
The proceeds of the tax authorized to be levied pursuant to this Code section shall be used solely by each local government to fulfill the obligations incurred in the contracts entered into with the authority and as contemplated by this article.
(3)
The effective date of the tax authorized to be levied pursuant to this Code section shall be the first day of the first calendar month following approval of the tax in the referendum required by Code Sections
32-9-20
and
32-9-22
unless a later effective date shall have been specified in the resolution or ordinance providing for the levy of the tax; provided that, with respect to services which are regularly billed on a monthly basis, the tax shall become effective with the first regular billing period coinciding with or following the effective date of the tax.
(4)
The tax authorized to be levied pursuant to this Code section shall not be subject to any restrictions as to rate provided for by the MARTA Act and shall not be subject to the provisions of subsection (k) of Section 25 of the MARTA Act.
(5)
A tax levied pursuant to this Code section shall be added to the state sales and use tax imposed by Article 1 of Chapter 8 of Title 48 and the state revenue commissioner is authorized and directed to establish a bracket system by appropriate rules and regulations to collect the tax imposed under this Code section.
Amended by 2021 Ga. Laws 307,§ 32, eff. 5/10/2021.
Added by 2018 Ga. Laws 409,§ 3-1, eff. 5/3/2018.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 9 - MASS TRANSPORTATION (§§ 32-9-1 — 32-9-24) › Article 2 - RAPID TRANSIT IN METROPOLITAN AREA (§§ 32-9-13 — 32-9-24) › Section 32-9-24 - Appointment of Gwinnett County residents to board

Notwithstanding subsections (a) and (b) of Section 6 of the MARTA Act to the contrary, upon approval of a rapid transit contract pursuant to Code Section
32-9-20
, the board of commissioners of Gwinnett County may appoint three residents of the county to the board. The board of commissioners shall designate one such resident to serve an initial term ending on December 31 in the second full year after the year in which the referendum approving said rapid transit contract was held and one such resident to serve an initial term ending on December 31 in the fourth full year after the year in which the referendum approving said rapid transit contract was held, in which event the board shall, subsections (a) and (b) of Section 6 of the MARTA Act to the contrary notwithstanding, be composed of such additional members. Upon the conclusion of the initial terms provided for in this Code section, the board of commissioners of Gwinnett County shall appoint a successor thereto for a term of office of four years.
Added by 2018 Ga. Laws 409,§ 3-1, eff. 5/3/2018.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 10 - PUBLIC AUTHORITIES (§§ 32-10-1 — 32-10-133) › Article 1 - GEORGIA HIGHWAY AUTHORITY (§§ 32-10-1 — 32-10-50) › Part 1 - GENERAL PROVISIONS (§§ 32-10-1 — 32-10-16) › Section 32-10-2 - Continuation of Georgia Highway Authority; preservation of authority's powers; protection of rights of bondholders generally

(a)
The Georgia Highway Authority shall continue to be a body corporate and politic and an instrumentality and public corporation of this state known as the "Georgia Highway Authority." It shall continue to have perpetual existence. In this name it may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts subject to the limitations of Code Section
32-10-50
.
(b)
Except as provided in this article, the powers granted by law prior to July 1, 1973, to the Georgia Highway Authority to carry out the purpose for which it was originally created shall not be impaired or diminished. Furthermore, no provision of this article is intended to diminish or impair, nor shall any provision be construed as diminishing or impairing, the rights of the holders of any bonds issued by the Georgia Rural Roads Authority or the Georgia Highway Authority or of the holders of any bonds issued by the Georgia Highway Authority outstanding before July 1, 1973; and should it be determined that any provision of this article does diminish or impair any such right in any manner, such provision is declared to be ineffective to that extent but shall be effective for all other purposes.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 10 - PUBLIC AUTHORITIES (§§ 32-10-1 — 32-10-133) › Article 1 - GEORGIA HIGHWAY AUTHORITY (§§ 32-10-1 — 32-10-50) › Part 1 - GENERAL PROVISIONS (§§ 32-10-1 — 32-10-16) › Section 32-10-3 - Members; compensation; officers; quorum; record of proceedings

(a)
The members of the Georgia Highway Authority shall be ex officio the Governor, the commissioner of transportation, and the director of the Office of Planning and Budget; and membership on the authority shall be a separate and distinct duty for which they shall receive no additional compensation. All members of the authority shall be entitled to all actual expenses necessarily incurred while in the performance of their duties on behalf of the authority.
(b)
The authority shall elect one of its members as chairman. It shall also elect a secretary and a treasurer, who need not necessarily be members of the authority. The authority may make such bylaws for its government as is deemed necessary but it is under no duty to do so. A majority of the members of the authority shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted to the authority by this article.
(c)
No vacancy on the authority shall impair the right of the quorum to transact any and all business as stated in this Code section. Members of the authority shall be accountable as trustees. They shall cause to be kept adequate books and records of all transactions of the authority, including books of income and disbursements of every nature. The books and records shall be inspected and audited by the state auditor at least once a year.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 10 - PUBLIC AUTHORITIES (§§ 32-10-1 — 32-10-133) › Article 1 - GEORGIA HIGHWAY AUTHORITY (§§ 32-10-1 — 32-10-50) › Part 1 - GENERAL PROVISIONS (§§ 32-10-1 — 32-10-16) › Section 32-10-5 - Conveyance of property to authority

(a)
The Governor is authorized and empowered to convey to the authority, on behalf of the state, any real property or interest therein or any rights of way owned by the state, including property or rights of way acquired in the name of the department or board, which is used at the time, or may be used upon completion of any action committed to the authority by this article, as a state road, a county road, or an urban road. The consideration for such conveyance shall be determined by the Governor and expressed in the deed of conveyance; however, such consideration shall be nominal, the benefits flowing to the state and its citizens constituting full and adequate actual consideration.
(b)
The governing authority of any political subdivision of this state, which for the purpose of this title is a county or an incorporated municipality of this state, is authorized and empowered on behalf of such political subdivision to convey to the authority any real property or interest therein for any rights of way owned by such political subdivision, which is used at the time or may, upon completion of any action committed to the authority by this article, be used as a county road or an urban road if conveyed by a county or as an urban road if conveyed by an incorporated municipality. The consideration for such conveyance shall be determined by the governing authority of such political subdivision and expressed in the deed of conveyance. Such consideration, however, shall be nominal, the benefits flowing to the political subdivision and its citizens constituting full and adequate actual consideration. However, nothing in this subsection shall prevent the authority from reimbursing a political subdivision, as authorized in Code Section
32-10-6
.
(c)
The board or its successors and the department are empowered to acquire, in any manner now permitted to them by law, and to expend funds available to them for such acquisition, real property, interests therein, or rights of way which upon acquisition may be conveyed by the Governor as above-provided to the authority.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 10 - PUBLIC AUTHORITIES (§§ 32-10-1 — 32-10-133) › Article 1 - GEORGIA HIGHWAY AUTHORITY (§§ 32-10-1 — 32-10-50) › Part 1 - GENERAL PROVISIONS (§§ 32-10-1 — 32-10-16) › Section 32-10-6 - Reimbursement of counties and municipalities for property, interests, and rights of way conveyed to authority

Notwithstanding any provisions of this article to the contrary, the authority is authorized to reimburse counties or incorporated municipalities, as a part of the construction cost of a project, for any real property or interest therein or any rights of way conveyed to the authority pursuant to this article, when such real property or interest therein or any rights of way are used as an urban road.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 10 - PUBLIC AUTHORITIES (§§ 32-10-1 — 32-10-133) › Article 1 - GEORGIA HIGHWAY AUTHORITY (§§ 32-10-1 — 32-10-50) › Part 1 - GENERAL PROVISIONS (§§ 32-10-1 — 32-10-16) › Section 32-10-7 - Letting of construction contracts by competitive bids

All contracts of the authority for the construction of any project authorized by this article shall be let to the reliable bidder submitting the lowest sealed bid upon plans and specifications approved by the department, as set forth in Code Sections
32-2-64
through
32-2-72
. However, subject to the restriction on the subletting of negotiated contracts as contained in Code Section
32-2-61
, the authority may contract with any county or other political subdivision of the state for the construction of any project situated wholly or partly within such subdivision, upon agreed terms; but the work provided for by such contract shall be at unit prices which shall not exceed the average of the unit prices submitted in the immediately preceding 60 days by competitive bidders for similar work to the department or the authority, whichever may be lower, as determined and averaged by the chief engineer or his or her designated subordinate.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 10 - PUBLIC AUTHORITIES (§§ 32-10-1 — 32-10-133) › Article 1 - GEORGIA HIGHWAY AUTHORITY (§§ 32-10-1 — 32-10-50) › Part 1 - GENERAL PROVISIONS (§§ 32-10-1 — 32-10-16) › Section 32-10-10 - Payment of rentals by lessees; enforcement of covenants and obligations; assignment of rentals by authority

(a)
The rentals contracted to be paid by lessees to the authority under leases entered upon pursuant to this article shall constitute obligations of the state for the payment of which the good faith of the state is pledged. Such rentals shall be paid as provided in the lease contracts from funds appropriated for such purposes by the terms of the Constitution of Georgia. It shall be the duty of the Governor and the board to see to the punctual payment of all such rentals. In the event of any failure or refusal on the part of lessees punctually to perform any covenant or obligation contained in any lease entered upon pursuant to this article, the authority may enforce performance by any legal or equitable process against lessees; and consent is given for the institution of any such action.
(b)
The authority shall be permitted to assign to a trustee or paying agent any rental due it by the lessees, as may be required by the terms of any trust indenture entered into by the authority.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 10 - PUBLIC AUTHORITIES (§§ 32-10-1 — 32-10-133) › Article 1 - GEORGIA HIGHWAY AUTHORITY (§§ 32-10-1 — 32-10-50) › Part 1 - GENERAL PROVISIONS (§§ 32-10-1 — 32-10-16) › Section 32-10-11 - Cessation of rentals; transfer of projects

When each and all of the bonds, interest coupons, and obligations of every nature whatsoever, for the payment of which the revenues of any given project or projects have been pledged, in whole or in part, either originally or subsequently, either primarily or secondarily, directly or indirectly, or otherwise, have been paid in full, or a sufficient amount for the payment of all such bonds and other obligations and the interest thereon to the maturity thereof shall have been set aside in trust for the benefit of such bondholders or other obligees, such project or projects shall henceforth be maintained, free from any and all rental consideration, by the department, if part of the state highway system; and, if a county road or an urban road, then by the political subdivision which under paragraph (4) of Code Section
32-10-9
had the duty to maintain the project prior to the cessation of rentals, provided that, upon the cessation of rentals upon any given project, the authority may convey by deed all right, title, and interest in and to such project to the department as part of the state highway system; and, if not part of the state highway system, then to the political subdivision having maintenance responsibility for the project under this Code section; and provided, further, that the department shall maintain and keep in repair such free project or projects as are a part of the state highway system.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 10 - PUBLIC AUTHORITIES (§§ 32-10-1 — 32-10-133) › Article 1 - GEORGIA HIGHWAY AUTHORITY (§§ 32-10-1 — 32-10-50) › Part 1 - GENERAL PROVISIONS (§§ 32-10-1 — 32-10-16) › Section 32-10-12 - Designation of projects as part of county and municipal public road systems and as part of state highway system

Each county or urban road project leased by the authority to the state and the department, upon completion of the action with respect thereto undertaken by the authority, shall be a part of the system of public roads of the state and of the county or counties or incorporated municipality or municipalities wherein the project is located; but no such project shall become a part of the state highway system until designated as such as provided by law.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 10 - PUBLIC AUTHORITIES (§§ 32-10-1 — 32-10-133) › Article 1 - GEORGIA HIGHWAY AUTHORITY (§§ 32-10-1 — 32-10-50) › Part 1 - GENERAL PROVISIONS (§§ 32-10-1 — 32-10-16) › Section 32-10-13 - Composition of authority's fund; purposes for which fund may be pledged or utilized

All revenues in excess of all obligations of the authority, of every nature, which are not otherwise pledged or restricted as to disposition and use by the terms of any trust indenture entered into by the authority for the security of bonds issued under this article, together with all receipts and gifts of every kind and nature whatsoever, shall be and become the authority fund. The authority, in its discretion, shall pledge or utilize the authority fund for any one or more of the following purposes:
(1)
Pledges to the payment of any bond issue requirements, sinking or reserve funds, as may be provided for under the terms of this article;
(2)
Payment of any outstanding unpaid bond obligations or administrative expenses;
(3)
The construction of any project requested by the board, the cost of which may amount to a sum less than the accumulated balance of such fund;
(4)
The most advantageous obtainable purchase redemption and retirement of the authority's bonds pursuant to privileges accorded to the authority in the various issues of bonds outstanding;
(5)
The most advantageous open market purchase of the authority's bonds that it may accomplish; or
(6)
Investment in obligations of the United States government or obligations of agencies of the United States government, the payment of which is guaranteed by the United States government, of guaranteed convertibility or maturity not in excess of two years, provided that funds so invested and income from such investments shall always be available to and ultimately expended for other purposes set forth in this Code section.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 10 - PUBLIC AUTHORITIES (§§ 32-10-1 — 32-10-133) › Article 1 - GEORGIA HIGHWAY AUTHORITY (§§ 32-10-1 — 32-10-50) › Part 1 - GENERAL PROVISIONS (§§ 32-10-1 — 32-10-16) › Section 32-10-14 - Designation of moneys received pursuant to article as trust funds

All moneys received pursuant to this article, whether as proceeds from the sale of bonds or as revenues, tolls, and earnings, shall be deemed trust funds to be held and applied solely as provided in this article; and the bondholders paying or entitled to receive the benefit of such funds shall have a lien on all such funds until applied as provided for in any resolution or trust indentures of the authority.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 10 - PUBLIC AUTHORITIES (§§ 32-10-1 — 32-10-133) › Article 1 - GEORGIA HIGHWAY AUTHORITY (§§ 32-10-1 — 32-10-50) › Part 1 - GENERAL PROVISIONS (§§ 32-10-1 — 32-10-16) › Section 32-10-15 - Effect of article

This article shall be deemed to provide an additional and alternative method for the doing of the things authorized in this article, shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 10 - PUBLIC AUTHORITIES (§§ 32-10-1 — 32-10-133) › Article 1 - GEORGIA HIGHWAY AUTHORITY (§§ 32-10-1 — 32-10-50) › Part 1 - GENERAL PROVISIONS (§§ 32-10-1 — 32-10-16) › Section 32-10-16 - Construction of article

This article, being for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes of this article.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 10 - PUBLIC AUTHORITIES (§§ 32-10-1 — 32-10-133) › Article 1 - GEORGIA HIGHWAY AUTHORITY (§§ 32-10-1 — 32-10-50) › Part 2 - REVENUE BONDS (§§ 32-10-30 — 32-10-50) › Section 32-10-30 - Power of authority to issue bonds generally; attributes of bonds generally

The authority shall have the power and is authorized, at one time or from time to time, to provide by resolution for the issuance of negotiable bonds in a sum not to exceed $484 million in principal amount outstanding at any one time for the purpose of paying all or any part of the cost of any one or a combination of projects; provided, however, that of such authorized amount not more than $150 million of bonds may be issued to finance county road projects, not more than $234 million of bonds may be issued to finance state road projects, and not more than $100 million of bonds may be issued to finance urban road projects. The bonds of each issue shall be dated, shall bear interest as provided for in Code Section
32-10-31
, shall be payable in such manner of payment as to both principal and interest as may be determined by the authority from the special funds provided in this article for such payment, shall mature not later than 30 years from the date of issuance, and may be made redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds. For the purpose of this Code section, bonds shall not be considered to be outstanding if there shall have been deposited into the sinking fund created for the payment of such bonds amounts sufficient to pay the same, together with the interest thereon as the bonds mature.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 10 - PUBLIC AUTHORITIES (§§ 32-10-1 — 32-10-133) › Article 1 - GEORGIA HIGHWAY AUTHORITY (§§ 32-10-1 — 32-10-50) › Part 2 - REVENUE BONDS (§§ 32-10-30 — 32-10-50) › Section 32-10-31 - Sale of bonds by public competitive bidding; determination of sale price and interest rate

All bonds of the authority shall be sold by public competitive bidding at not less than par plus accrued interest to the date of delivery. However, the authority may obligate itself to deliver any given issue of bonds to the purchasers thereof within any reasonable period of time after the date of sale and may pay as a penalty for delay in such delivery such reasonable sums as may be agreed upon in advance in writing with the purchaser or purchasers of such bonds. All bonds of the authority shall be advertised and offered prior to the fixing of the interest rates thereon, and bids thereon shall be competitive as to the interest rate offered by each bidder, provided that on any issue the authority may make rules limiting the number of divisions into which the bonds of various maturity dates may be divided and limiting the number and percentage spreads of the different interest rates which may be bid to apply to such divisions of the bonds; and provided, further, that the authority may require reasonable security for the performance of the contract of purchase of any successful bidder at any public bidding held.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 10 - PUBLIC AUTHORITIES (§§ 32-10-1 — 32-10-133) › Article 1 - GEORGIA HIGHWAY AUTHORITY (§§ 32-10-1 — 32-10-50) › Part 2 - REVENUE BONDS (§§ 32-10-30 — 32-10-50) › Section 32-10-32 - Form and issuance of bonds

The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company inside or outside of the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine; and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 10 - PUBLIC AUTHORITIES (§§ 32-10-1 — 32-10-133) › Article 1 - GEORGIA HIGHWAY AUTHORITY (§§ 32-10-1 — 32-10-50) › Part 2 - REVENUE BONDS (§§ 32-10-30 — 32-10-50) › Section 32-10-33 - Signing bonds; affixing authority's seal to bonds

In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All such bonds shall be signed by the chairman of the authority and the official seal of the authority shall be affixed thereto and attested by the secretary of the authority, and any coupons attached thereto shall bear the signature or facsimile signature of the chairman of the authority. Any coupon may bear the facsimile signature of such person and any bond may be signed, sealed, and attested on behalf of the authority by such persons as at the actual time of the execution of such bonds shall be duly authorized to hold the proper office although at the date of such bonds such persons may not have been so authorized or shall not have held such office.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 10 - PUBLIC AUTHORITIES (§§ 32-10-1 — 32-10-133) › Article 1 - GEORGIA HIGHWAY AUTHORITY (§§ 32-10-1 — 32-10-50) › Part 2 - REVENUE BONDS (§§ 32-10-30 — 32-10-50) › Section 32-10-34 - Bonds as negotiable instruments; tax exemption

All bonds issued under this article shall have and are declared to have all the qualities and incidents of negotiable instruments under the laws of this state. Such bonds, their transfer, and the income therefrom shall be exempt from all taxation within this state.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 10 - PUBLIC AUTHORITIES (§§ 32-10-1 — 32-10-133) › Article 1 - GEORGIA HIGHWAY AUTHORITY (§§ 32-10-1 — 32-10-50) › Part 2 - REVENUE BONDS (§§ 32-10-30 — 32-10-50) › Section 32-10-35 - Utilization of bond proceeds; procedure in cases where proceeds are less than or greater than cost of project or combined projects

The proceeds of the bonds shall be used solely for the payment of the cost of the project or combined projects and shall be disbursed upon requisition or order of the chairman of the authority or its duly bonded agents under such restrictions, if any, as the resolution authorizing the issuance of the bonds or the trust indenture may provide. If the proceeds of such bonds, by error of calculation, or otherwise, shall be less than the cost of the project or combined projects, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of such deficit which, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds were issued, all surplus shall be paid into the sinking fund provided for the payment of principal and interest of such bonds or shall be used for construction of additional projects as the resolution creating such bonds and the trust indenture securing them may provide.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 10 - PUBLIC AUTHORITIES (§§ 32-10-1 — 32-10-133) › Article 1 - GEORGIA HIGHWAY AUTHORITY (§§ 32-10-1 — 32-10-50) › Part 2 - REVENUE BONDS (§§ 32-10-30 — 32-10-50) › Section 32-10-36 - Issuance of interim receipts, interim certificates, and temporary bonds

Prior to the preparation of definitive bonds, the authority, under like restrictions, may issue interim receipts, interim certificates, or temporary bonds with or without coupons exchangeable for definitive bonds upon the issuance of the latter.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 10 - PUBLIC AUTHORITIES (§§ 32-10-1 — 32-10-133) › Article 1 - GEORGIA HIGHWAY AUTHORITY (§§ 32-10-1 — 32-10-50) › Part 2 - REVENUE BONDS (§§ 32-10-30 — 32-10-50) › Section 32-10-37 - Replacement of lost or mutilated bonds

The authority may also provide for the replacement of any bond which becomes mutilated or which is destroyed or lost.