reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 91 - PUBLIC WORKS CONSTRUCTION (§§ 36-91-1 — 36-91-119) › Article 3 - BONDS (§§ 36-91-40 — 36-91-95) › Part 2 - BID BONDS (§§ 36-91-50 — 36-91-54) › Section 36-91-52 - Bid and bidder defined; withdrawal of bids for appreciable errors; resubmission

(a)
As used in this Code section, the term "bid" includes proposal and the term "bidder" includes offeror.
(b)
Any governmental entity receiving bids subject to this article shall permit a bidder to withdraw a bid from consideration after the bid opening without forfeiture of the bid security if the bidder has made an appreciable error in the calculation of his or her bid and if:
(1)
Such error in the calculation of his or her bid can be documented by clear and convincing written evidence;
(2)
Such error can be clearly shown by objective evidence drawn from inspection of the original work papers, documents, or materials used in the preparation of the bid sought to be withdrawn;
(3)
The bidder serves written notice upon the governmental entity which invited proposals for the work prior to the award of the contract and not later than 48 hours after the opening of bids, excluding Saturdays, Sundays, and legal holidays;
(4)
The bid was submitted in good faith and the mistake was due to a calculation or clerical error, an inadvertent omission, or a typographical error as opposed to an error in judgment; and
(5)
The withdrawal of the bid will not result in undue prejudice to the governmental entity or other bidders by placing them in a materially worse position than they would have occupied if the bid had never been submitted.
(c)
In the event that an apparent successful bidder has withdrawn his or her bid as provided in subsection (b) of this Code section, action on the remaining bids should be considered as though the withdrawn bid had not been received. In the event the project is relet for bids, under no circumstances shall a bidder who has filed a request to withdraw a bid be permitted to resubmit a bid for the work.
(d)
No bidder who is permitted to withdraw a bid pursuant to subsection (b) of this Code section shall for compensation supply any material or labor to, or perform any subcontract or other work agreement for, the person or firm to whom the contract is awarded or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn bid was submitted.
Former § 36-91-52 was renumbered as § 36-91-72 by 2001 Ga. Laws 261, § 12, eff. 7/1/2001.
Renumbered from § 36-91-43 and amended by 2001 Ga. Laws 261, § 12, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 91 - PUBLIC WORKS CONSTRUCTION (§§ 36-91-1 — 36-91-119) › Article 3 - BONDS (§§ 36-91-40 — 36-91-95) › Part 2 - BID BONDS (§§ 36-91-50 — 36-91-54) › Section 36-91-53 - Affiliated corporation defined; forfeit of security by affiliated corporation

(a)
As used in this Code section, the term:
(1)
"Affiliated corporation" means, with respect to any corporation, any other corporation related thereto:
(A)
As a parent corporation;
(B)
As a subsidiary corporation;
(C)
As a sister corporation;
(D)
By common ownership or control; or
(E)
By control of one corporation by the other.
(2)
The term "bid" includes proposals.
(b)
In any case where two or more affiliated corporations bid for a contract under this Code section and any one or more of such affiliated corporations subsequently rescind or revoke their bid or bids in favor of another such affiliated corporation whose bid is for a higher amount and the contract is awarded at such higher amount to such other affiliated corporation, then the bid bond, proposal guaranty, or other security otherwise required under this article of each affiliated corporation rescinding or revoking its bid shall be forfeited.
Renumbered from § 36-91-44 and amended by 2001 Ga. Laws 261, § 12, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 91 - PUBLIC WORKS CONSTRUCTION (§§ 36-91-1 — 36-91-119) › Article 3 - BONDS (§§ 36-91-40 — 36-91-95) › Part 2 - BID BONDS (§§ 36-91-50 — 36-91-54) › Section 36-91-54 - Action on breach of bond

The obligee in any bid bond required to be given in accordance with this article shall be entitled to maintain an action thereon at any time upon any breach of such bond; provided, however, that no action may be instituted on the bonds or security deposits after one year from the completion of the contract and the acceptance of the public work by the governmental entity.
Renumbered from § 36-91-45 by 2001 Ga. Laws 261, § 12, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 91 - PUBLIC WORKS CONSTRUCTION (§§ 36-91-1 — 36-91-119) › Article 3 - BONDS (§§ 36-91-40 — 36-91-95) › Part 3 - PERFORMANCE BONDS (§§ 36-91-70 — 36-91-73) › Section 36-91-70 - Requirement of performance bonds

Performance bonds shall be required for all public works construction contracts subject to the requirements of this chapter with an estimated contract amount greater than $100,000.00; provided, however, that a governmental entity may require a performance bond for public works construction contracts that are estimated at $100,000.00 or less. No public works construction contract requiring a performance bond shall be valid for any purpose unless the contractor shall give such performance bond. The performance bond shall be in the amount of at least the total amount payable by the terms of the contract and shall be increased as the contract amount is increased.
Former 36-91-70 was renumbered as § 36-91-90 by 2001 Ga. Laws 261, § 12, eff. 7/1/2001.
Renumbered from § 36-91-50 and amended by 2001 Ga. Laws 261, § 12, eff. 7/1/2001.
2001 Ga. Laws 261, § 12, redesignated former Chapter 91, Article 5, §§ 36-91-70 through 36-91-75 as Chapter 91, Article 3, Part 4, §§ 36-91-90 through 36-91-95. .
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 91 - PUBLIC WORKS CONSTRUCTION (§§ 36-91-1 — 36-91-119) › Article 3 - BONDS (§§ 36-91-40 — 36-91-95) › Part 3 - PERFORMANCE BONDS (§§ 36-91-70 — 36-91-73) › Section 36-91-71 - Acceptable substitutes for bond

When the amount of the performance bond required under this article does not exceed $750,000.00, the governmental entity may, in its sole discretion, accept an irrevocable letter of credit by a bank or savings and loan association, as defined in Code Section
7-1-4
, in the amount of and in lieu of the bond otherwise required under this article.
Amended by 2007 Ga. Laws 122,§ 2, eff. 7/1/2007.
Former § 36-91-71 was renumbered as § 36-91-91 by 2001 Ga. Laws 261, § 12, eff. 7/1/2001.
Renumbered from § 36-91-51 by 2001 Ga. Laws 261, § 12, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 91 - PUBLIC WORKS CONSTRUCTION (§§ 36-91-1 — 36-91-119) › Article 3 - BONDS (§§ 36-91-40 — 36-91-95) › Part 3 - PERFORMANCE BONDS (§§ 36-91-70 — 36-91-73) › Section 36-91-72 - Action on performance bond

The obligee in any performance bond required to be given in accordance with this article shall be entitled to maintain an action thereon at any time upon any breach of such bond; provided, however, no action can be instituted on the bonds or security deposits after one year from the completion of the contract and the acceptance of the public work by the governmental entity.
Former § 36-91-72 was renumbered as § 36-91-92 by 2001 Ga. Laws 261, § 12, eff. 7/1/2001.
Renumbered from § 36-91-52 by 2001 Ga. Laws 261, § 12, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 91 - PUBLIC WORKS CONSTRUCTION (§§ 36-91-1 — 36-91-119) › Article 3 - BONDS (§§ 36-91-40 — 36-91-95) › Part 3 - PERFORMANCE BONDS (§§ 36-91-70 — 36-91-73) › Section 36-91-73 - through 36-91-75 - Redesignated

Renumbered as § 36-91-95 by 2001 Ga. Laws 261, § 12, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 91 - PUBLIC WORKS CONSTRUCTION (§§ 36-91-1 — 36-91-119) › Article 3 - BONDS (§§ 36-91-40 — 36-91-95) › Part 4 - PAYMENT BONDS (§§ 36-91-90 — 36-91-95) › Section 36-91-90 - Requirement for payment bonds

Payment bonds shall be required for all public works construction contracts subject to the requirements of this chapter with an estimated contract amount greater than $100,000.00; provided, however, that a governmental entity may require a payment bond for public works construction contracts that are estimated at $100,000.00 or less. No public works construction contract requiring a payment bond shall be valid for any purpose, unless the contractor shall give such payment bond; provided, however, that, in lieu of such payment bond, the governmental entity, in its discretion, may accept a cashier's check, certified check, or cash for the use and protection of all subcontractors and all persons supplying labor, materials, machinery, and equipment in the prosecution of work provided in the contract. The payment bond or other security accepted in lieu of a payment bond shall be in the amount of at least the total amount payable by the terms of the initial contract and shall be increased if requested by the governmental entity as the contract amount is increased.
Renumbered from § 36-91-70 and amended by 2001 Ga. Laws 261, § 12, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 91 - PUBLIC WORKS CONSTRUCTION (§§ 36-91-1 — 36-91-119) › Article 3 - BONDS (§§ 36-91-40 — 36-91-95) › Part 4 - PAYMENT BONDS (§§ 36-91-90 — 36-91-95) › Section 36-91-91 - Liability of contracting party to subcontractors for noncompliance

If a payment bond or security deposit is not taken in the manner and form required in this article, the corporation or body for which work is done under the contract shall be liable to all subcontractors and to all persons furnishing labor, skill, tools, machinery, or materials to the contractor or subcontractor thereunder for any loss resulting to them from such failure. No agreement, modification, or change in the contract, change in the work covered by the contract, or extension of time for the completion of the contract shall release the sureties of such payment bond.
Renumbered from § 36-91-71 and amended by 2001 Ga. Laws 261, § 12, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 91 - PUBLIC WORKS CONSTRUCTION (§§ 36-91-1 — 36-91-119) › Article 3 - BONDS (§§ 36-91-40 — 36-91-95) › Part 4 - PAYMENT BONDS (§§ 36-91-90 — 36-91-95) › Section 36-91-92 - Notice of commencement

(a)
The contractor furnishing the payment bond or security deposit shall post on the public works construction site and file with the clerk of the superior court in the county in which the site is located a notice of commencement no later than 15 days after the contractor physically commences work on the project and supply a copy of the notice of commencement to any subcontractor, materialman, or person who makes a written request of the contractor. Failure to supply a copy of the notice of commencement within ten calendar days of receipt of the written request from the subcontractor, materialman, or person shall render the provisions of paragraph (1) of subsection (a) of Code Section
36-91-93
inapplicable to the subcontractor, materialman, or person making the request. The notice of commencement shall include:
(1)
The name, address, and telephone number of the contractor;
(2)
The name and location of the public work being constructed or a general description of the improvement;
(3)
The name and address of the governmental entity that is contracting for the public works construction;
(4)
The name and address of the surety for the performance and payment bonds, if any; and
(5)
The name and address of the holder of the security deposit provided, if any.
(b)
The failure to file a notice of commencement shall render the notice to contractor requirements of paragraph (2) of subsection (a) of Code Section
36-91-93
inapplicable.
(c)
The clerk of the superior court shall file the notice of commencement within the records of that office and maintain an index separate from other real estate records or an index with the preliminary notices specified in subsection (a) of Code Section
44-14-361.3
. Each such notice of commencement shall be indexed under the name of the governmental entity and the name of the contractor as contained in the notice of commencement.
Amended by 2013 Ga. Laws 194,§ 8, eff. 5/6/2013.
Renumbered from § 36-91-72 and amended by 2001 Ga. Laws 261, § 12, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 91 - PUBLIC WORKS CONSTRUCTION (§§ 36-91-1 — 36-91-119) › Article 3 - BONDS (§§ 36-91-40 — 36-91-95) › Part 4 - PAYMENT BONDS (§§ 36-91-90 — 36-91-95) › Section 36-91-94 - Providing copy of bond or security deposit agreement

The official who has the custody of the bond or security deposit required by this article is authorized and directed to furnish to any person making application therefor a copy of the bond or security deposit agreement and the contract for which it was given, certified by the official who has custody of the bond or security deposit. With his or her application, such person shall also submit an affidavit that he or she has supplied labor or materials for such work and that payment therefor has not been made or that he or she is being sued on any such bond or security deposit. Such copy shall be primary evidence of the bond or security deposit and contract and shall be admitted in evidence without further proof. Applicants shall pay for such certified copies and such certified statements such fees as the official fixes to cover the cost of preparation thereof, provided that in no case shall the fee fixed exceed the fees which the clerks of the superior courts are permitted to charge for similar copies.
Renumbered from § 36-91-74 by 2001 Ga. Laws 261, § 12, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 91 - PUBLIC WORKS CONSTRUCTION (§§ 36-91-1 — 36-91-119) › Article 3 - BONDS (§§ 36-91-40 — 36-91-95) › Part 4 - PAYMENT BONDS (§§ 36-91-90 — 36-91-95) › Section 36-91-95 - Time limitation

No action can be instituted on the payment bonds or security deposits after one year from the completion of the contract and the acceptance of the public works construction by the proper public authorities. Every action instituted under this article shall be brought in the name of the claimant, without the governmental entity for which the work was done or was to be done being made a party thereto.
Renumbered from § 36-91-75 by 2001 Ga. Laws 261, § 12, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 91 - PUBLIC WORKS CONSTRUCTION (§§ 36-91-1 — 36-91-119) › Article 4 - BIDDING FOR GOVERNMENT WORKS PROJECTS (§§ 36-91-100 — 36-91-102) › Section 36-91-100 - Definitions

As used in this article, the term:
(1)
"Affected local government" means any county, municipality, or consolidated government in which water storage facilities of a project are located or proposed to be located, which will receive for local use water or services from such project, or which, under a service delivery agreement entered into pursuant to Article 2 of Chapter 70 of this title, provides or is authorized to provide within an area water facilities or services similar to water facilities and services proposed to be provided by a project in such area.
(2)
"Lead local authority" means the sole local governing authority or local authority participating in a project or the local governing authority or local authority designated pursuant to subsection (b) of Code Section
36-91-102
.
(3)
"Local authority" means any local water authority created by Act of the General Assembly, any authority created pursuant to the provisions of Chapter 62 of this title, and any authority created by a county, municipality, or consolidated government which provides water, sewer, or waste-water treatment services.
(4)
"Local governing authority" means any county, municipality, or consolidated government.
(5)
"Project" has the meaning provided by paragraph (10) of Code Section
12-5-471
and includes environmental facilities as defined in subparagraph (B) of paragraph (5) of Code Section
50-23-4
.
Amended by 2012 Ga. Laws 684,§ 36, eff. 5/1/2012.
Added by 2011 Ga. Laws 49,§ 1, eff. 5/2/2011.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 91 - PUBLIC WORKS CONSTRUCTION (§§ 36-91-1 — 36-91-119) › Article 4 - BIDDING FOR GOVERNMENT WORKS PROJECTS (§§ 36-91-100 — 36-91-102) › Section 36-91-101 - Authority to enter into contracts; costs; grants or loans; eminent domain

(a)
Local governing authorities and local authorities shall be authorized to enter into contracts provided for by this article with private persons, firms, associations, or corporations providing for or delegating the responsibility for procuring all permits, licenses, and permissions from the United States of America or any agency or instrumentality thereof; the State of Georgia, its departments, agencies, or authorities; or any county or municipality of this state as necessary or required for the purpose of constructing projects within this state, and to plan, finance, construct, acquire, lease, operate, or maintain such projects or cause such projects to be planned, financed, constructed, acquired, leased, operated, or maintained. Such contracts may provide for the reimbursement to the private person, firm, association, or corporation of costs and expenses associated with the execution thereof through service payments, user fees, purchase payments, and such other consideration as the local governing authority or local authority may deem appropriate. Such contracts may provide for the assumption by such local governing authority or local authority of such projects, permits, licenses, and permissions at such times as appropriate for the construction of the project or as otherwise agreed upon.
(b)
A local governing authority or local authority may take any action to obtain federal, state, or local assistance for a project that serves the public purpose of this article and may enter into any contracts required to receive such assistance. A local governing authority or local authority may determine that it serves the public purpose of this article for all or any portion of the costs of a project to be paid, directly or indirectly, from the proceeds of a grant or loan made by the federal, state, or local government or any instrumentality thereof. A local governing authority or local authority may agree to make grants or loans to the operator of a project from time to time from amounts received from the federal, state, or local government or any agency or instrumentality thereof.
(c)
Nothing in this article shall be construed to delegate the power of eminent domain to any private entity with respect to any project commenced or proposed pursuant to this article. Any local governing authority may exercise the power of eminent domain in the manner provided by law for the purpose of acquiring any property or interests therein to the extent that such action serves the public purpose of this article.
Added by 2011 Ga. Laws 49,§ 1, eff. 5/2/2011.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 91 - PUBLIC WORKS CONSTRUCTION (§§ 36-91-1 — 36-91-119) › Article 5 - PARTNERSHIP FOR PUBLIC FACILITIES AND INFRASTRUCTURE (§§ 36-91-110 — 36-91-119) › Section 36-91-110 - Definitions

As used in this article, the term:
(1)
"Comprehensive agreement" means the written agreement between the private entity and the local government required by Code Section
36-91-115
.
(2)
"Develop" or "development" means to plan, design, develop, finance, lease, acquire, install, construct, operate, maintain, or expand.
(3)
"Local authority" means any local authority created pursuant to a local or general Act of the General Assembly, including a joint public instrumentality.
(4)
"Local government" means any county, municipality, consolidated government, or board of education.
(5)
"Private entity" means any natural person, corporation, general partnership, limited liability company, limited partnership, joint venture, business trust, public benefit corporation, nonprofit entity, or other business entity.
(6)
"Qualifying project" means any project selected in response to a request from a local government or submitted by a private entity as an unsolicited proposal in accordance with this article and subsequently reviewed and approved by a local government, within its sole discretion, as meeting a public purpose or public need. This term shall not include and shall have no application to any project involving:
(A)
The generation of electric energy for sale pursuant to Chapter 3 of Title 46;
(B)
Communications services pursuant to Articles 4 and 7 of Chapter 5 of Title 46;
(C)
Cable and video services pursuant to Chapter 76 of this title; or
(D)
Water reservoir projects as defined in paragraph (10) of Code Section
12-5-471
, which shall be governed by Article 4 of this chapter.
(7)
"Revenue" means all revenues, income, earnings, user fees, lease payments, or other service payments arising out of or in connection with supporting the development or operation of a qualifying project.
(8)
"Unsolicited proposal" means a written proposal for a qualifying project that is received by a local government and is not in response to any request for proposal for a qualifying project issued by a local government.
Added by 2015 Ga. Laws 72,§ 2, eff. 5/5/2015.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 91 - PUBLIC WORKS CONSTRUCTION (§§ 36-91-1 — 36-91-119) › Article 5 - PARTNERSHIP FOR PUBLIC FACILITIES AND INFRASTRUCTURE (§§ 36-91-110 — 36-91-119) › Section 36-91-111 - [Repealed and Reserved]

Repealed and reserved by 2024 Ga. Laws 609,§ 8-1, eff. 5/6/2024.
Added by 2015 Ga. Laws 72,§ 2, eff. 5/5/2015.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 91 - PUBLIC WORKS CONSTRUCTION (§§ 36-91-1 — 36-91-119) › Article 5 - PARTNERSHIP FOR PUBLIC FACILITIES AND INFRASTRUCTURE (§§ 36-91-110 — 36-91-119) › Section 36-91-116 - Default and remedies

(a)
In the event of a material default by the private entity, the local government may terminate, with cause, the comprehensive agreement and exercise any other rights and remedies that may be available to it at law or in equity, including, but not limited to, claims under the maintenance, performance, or payment bonds; other forms of security; or letters of credit required by Code Section
36-91-115
.
(b)
The local government may elect to assume the responsibilities and duties of the private entity of the qualifying project, and in such case, it shall succeed to all of the right, title, and interest in such qualifying project subject to statutory limitations on the availability of future appropriated or otherwise unobligated funds.
(c)
The power of eminent domain shall not be delegated to any private entity with respect to any project commenced or proposed pursuant to this article. Any local government having the power of condemnation under state law may exercise such power of condemnation to acquire the qualifying project in the event of a material default by the private entity. Any person who has perfected a security interest in the qualifying project may participate in the condemnation proceedings with the standing of a property owner.
(d)
In the event the local government elects to take over a qualifying project pursuant to subsection (b) of this Code section, the local government may develop the qualifying project, impose user fees, and impose and collect lease payments for the use thereof.
Added by 2015 Ga. Laws 72,§ 2, eff. 5/5/2015.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 91 - PUBLIC WORKS CONSTRUCTION (§§ 36-91-1 — 36-91-119) › Article 5 - PARTNERSHIP FOR PUBLIC FACILITIES AND INFRASTRUCTURE (§§ 36-91-110 — 36-91-119) › Section 36-91-117 - Powers

All power or authority granted by this article to public entities shall be in addition and supplemental to, and not in substitution for, the powers conferred by any other general, special, or local law. The limitations imposed by this article shall not affect the powers conferred by any other general, special, or local law and shall apply only to the extent that a local government elects to proceed under this article.
Added by 2015 Ga. Laws 72,§ 2, eff. 5/5/2015.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 91 - PUBLIC WORKS CONSTRUCTION (§§ 36-91-1 — 36-91-119) › Article 5 - PARTNERSHIP FOR PUBLIC FACILITIES AND INFRASTRUCTURE (§§ 36-91-110 — 36-91-119) › Section 36-91-118 - Sovereign or official immunity

Nothing in this article shall be construed as or deemed a waiver of the sovereign or official immunity of any local government or any officer or employee thereof with respect to the participation in, or approval of, all or any part of the qualifying project or its operation, including, but not limited to, interconnection of the qualifying project with any other infrastructure or project.
Added by 2015 Ga. Laws 72,§ 2, eff. 5/5/2015.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 91 - PUBLIC WORKS CONSTRUCTION (§§ 36-91-1 — 36-91-119) › Article 5 - PARTNERSHIP FOR PUBLIC FACILITIES AND INFRASTRUCTURE (§§ 36-91-110 — 36-91-119) › Section 36-91-119 - Article inapplicable to local government procurement via competitive sealed bidding; article inapplicable to certain transportation projects; public meeting requirements

(a)
Local governments that proceed with procurement pursuant to competitive sealed bidding as defined in Code Section
36-91-2
, or any other purchasing options available under current law, shall not be required to comply with this article.
(b)
Nothing in this article shall apply to or affect the State Transportation Board, the Department of Transportation, or the State Road and Tollway Authority, or any project thereof.
(c)
Nothing in this article shall abrogate the obligations of a local government or private entity to comply with the public meetings requirement in accordance with Chapter 14 of Title 50 or to disclose public information in accordance with Article 4 of Chapter 18 of Title 50.
Added by 2015 Ga. Laws 72,§ 2, eff. 5/5/2015.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 92 - WAIVER OF LOCAL GOVERNMENT IMMUNITY FROM MOTOR VEHICLE LIABILITY (§§ 36-92-1 — 36-92-5) › Section 36-92-1 - Definitions

As used in this chapter, the term:
(1)
"Claim" means any demand against a local government entity for money for a loss caused by negligence of a local government entity officer or employee using a covered motor vehicle while carrying out his or her official duties or employment.
(2)
"Covered" motor vehicle means:
(A)
Any motor vehicle owned by the local government entity; and
(B)
Any motor vehicle leased or rented by the local government entity.
(3)
"Local government entity" means any county, municipal corporation, or consolidated city-county government of this state. Such term shall not include a local school system.
(4)
"Local government officer or employee" means:
(A)
An officer, agent, servant, attorney, or employee of a local government entity; or
(B)
A sheriff, deputy sheriff, or other agent, servant, or employee of a sheriff's office.
(5)
"Loss" means personal injury, disease, death, damage to tangible property, including lost wages and economic loss to the person who suffered the injury, disease, or death; pain and suffering; mental anguish; loss of consortium; and any other element of actual damages recoverable in actions for negligence.
(6)
"Motor vehicle" means any automobile, bus, motorcycle, truck, trailer, or semitrailer, including its equipment, and any other equipment permanently attached thereto, designed or licensed for use on the public streets, roads, and highways of the state.
(7)
"Occurrence" means an accident involving a covered motor vehicle.
Amended by 2019 Ga. Laws 254,§ 1, eff. 7/1/2019.
Added by 2002 Ga. Laws 763, § 3, eff. 1/1/2005.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 92 - WAIVER OF LOCAL GOVERNMENT IMMUNITY FROM MOTOR VEHICLE LIABILITY (§§ 36-92-1 — 36-92-5) › Section 36-92-3 - No employee liability; parties to litigation; evidence; bar to further recovery

(a)
Any local government officer or employee who commits a tort involving the use of a covered motor vehicle while in the performance of his or her official duties is not subject to lawsuit or liability therefor. Nothing in this chapter, however, shall be construed to give the local government officer or employee immunity from suit and liability if it is proved that the local government officer's or employee's conduct was not within the performance of his or her official duties.
(b)
A person bringing an action against a local government entity under the provisions of this chapter shall name as a party defendant the local government entity for which the officer or employee was acting and shall not name the local government officer or employee individually. In the event that the local government officer or employee is individually named for an act for which the local government entity is liable under this chapter, the local government entity for which the local government officer or employee was acting shall be substituted as the party defendant.
(c)
For the purpose of presenting evidence at the trial of a case brought under the waiver provisions of this chapter, a plaintiff calling as a witness the present or former local government officer or employee whose alleged tort forms the basis of the claim against the local government entity defendant shall be allowed to subject such witness to cross-examination.
(d)
Subject to the provisions contained in Code Sections
51-1-32
through
51-1-34
, a settlement or judgment in an action or settlement on a claim brought pursuant to this chapter constitutes a complete bar to any further action by the claimant against a local government officer or employee or the local government entity by reason of the same occurrence.
(e)
This chapter shall not waive the workers' compensation exclusive remedy when local government officers or employees are injured on the job.
Added by 2002 Ga. Laws 763, § 3, eff. 1/1/2005.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 92 - WAIVER OF LOCAL GOVERNMENT IMMUNITY FROM MOTOR VEHICLE LIABILITY (§§ 36-92-1 — 36-92-5) › Section 36-92-5 - Applicability

This chapter shall apply to all claims and causes of actions arising out of events occurring on or after January 1, 2005.
Added by 2002 Ga. Laws 763, § 3, eff. 1/1/2005.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES, MUNICIPAL CORPORATIONS, AND OTHER GOVERNMENTAL ENTITIES (§§ 36-80-1 — 36-93-1) › Chapter 93 - GEORGIA SMART INFRASTRUCTURE GROWTH ACT OF 2007 [REPEALED] (§ 36-93-1) › Section 36-93-1 - through 36-93-26 - [Repealed]

Repealed by 2007 Ga. Laws 372,§ 5, eff. 1/1/2009.
Added by 2007 Ga. Laws 372,§ 1, eff. 1/1/2009.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 1 - GENERAL PROVISIONS (§§ 37-1-1 — 37-1-125) › Article 1 - DEFINITIONS (§§ 37-1-1 — 37-1-7) › Section 37-1-3 - Board of Behavioral Health and Developmental Disabilities; members; removal

(a)
There is created the Board of Behavioral Health and Developmental Disabilities which shall establish the general policy to be followed by the Department of Behavioral Health and Developmental Disabilities. The powers, functions, and duties of the Board of Human Resources as they existed on June 30, 2009, with regard to the Division of Mental Health, Developmental Disabilities, and Addictive Diseases are transferred to the Board of Behavioral Health and Developmental Disabilities effective July 1, 2009. The board shall consist of nine members appointed by the Governor and confirmed by the Senate.
(b)
The Governor shall designate the initial terms of the members of the board as follows: three members shall be appointed for one year; three members shall be appointed for two years; and three members shall be appointed for three years. Thereafter, all succeeding appointments shall be for three-year terms from the expiration of the previous term.
(c)
Vacancies in office shall be filled by appointment by the Governor in the same manner as the appointment to the position on the board which becomes vacant. An appointment to fill a vacancy other than by expiration of a term of office shall be for the balance of the unexpired term.
(d)
Members of the board may be removed from office under the same conditions for removal from office of members of professional licensing boards provided in Code Section
43-1-17
.
(e)
There shall be a chairperson of the board elected by and from the membership of the board who shall be the presiding officer of the board.
(f)
The members of the board shall receive a per diem allowance and expenses as shall be set and approved by the Office of Planning and Budget in conformance with rates and allowances set for members of other state boards.
Added by 2009 Ga. Laws 102,§ 3-1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 1 - GENERAL PROVISIONS (§§ 37-1-1 — 37-1-125) › Article 1 - DEFINITIONS (§§ 37-1-1 — 37-1-7) › Section 37-1-4 - Department of Behavioral Health and Developmental Disabilities; functions, duties; commissioner

(a)
There is created a Department of Behavioral Health and Developmental Disabilities. The powers, functions, and duties of the Department of Human Resources as they existed on June 30, 2009, relating to the Division of Mental Health, Developmental Disabilities, and Addictive Diseases are transferred to the Department of Behavioral Health and Developmental Disabilities effective July 1, 2009.
(b)
There is created the position of commissioner of behavioral health and developmental disabilities. The commissioner shall be the chief administrative officer of the department and be both appointed and removed by the board, subject to the approval of the Governor. Subject to the general policy established by the board, the commissioner shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the department.
(c)
There shall be created in the department such divisions as may be found necessary for its effective operation. The commissioner shall have the power to allocate and reallocate functions among the divisions within the department.
Added by 2009 Ga. Laws 102,§ 3-1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 1 - GENERAL PROVISIONS (§§ 37-1-1 — 37-1-125) › Article 1 - DEFINITIONS (§§ 37-1-1 — 37-1-7) › Section 37-1-6 - Service of notice of pendency of action by second original process

When any action is brought against the department, the board, the commissioner, or any employee or agent thereof or when any action is brought in which the department could be held responsible for damages awarded in such action, it shall be the duty of the plaintiff to provide for service of notice of the pendency of such action by providing for service of a second original process, issued from the court in which the action is filed, upon the commissioner personally or upon a person designated by the commissioner in writing to serve as agent for the acceptance of such service of process. The service of process in such action shall not be perfected until such second original process has been served as provided in this Code section. The provisions of this Code section shall be cumulative of any other requirements imposed by law for the service of process or notice.
Added by 2010 Ga. Laws 418,§ 1, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 1 - GENERAL PROVISIONS (§§ 37-1-1 — 37-1-125) › Article 1 - DEFINITIONS (§§ 37-1-1 — 37-1-7) › Section 37-1-7 - Funding for new co-responder programs

The state shall provide funding for a minimum of five new co-responder programs established pursuant to this title. Each such program shall have a minimum of one co-responder team.
Amended by 2024 Ga. Laws 701,§ 6, eff. 7/1/2024.
Added by 2022 Ga. Laws 587,§ 4-7, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 1 - GENERAL PROVISIONS (§§ 37-1-1 — 37-1-125) › Article 2 - POWERS AND DUTIES OF THE DEPARTMENT (§§ 37-1-20 — 37-1-29) › Section 37-1-22 - Redesignated

Reserved.
Renumbered as § 37-1-40 by 2011 Ga. Laws 245,§ 37, eff. 5/13/2011.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 1 - GENERAL PROVISIONS (§§ 37-1-1 — 37-1-125) › Article 2 - POWERS AND DUTIES OF THE DEPARTMENT (§§ 37-1-20 — 37-1-29) › Section 37-1-23 - Rules of practice and procedure; availability

The board is directed to prescribe rules of practice and procedure in order to implement this chapter. The department is directed to make the board's and the department's rules available for distribution.
Amended by 2009 Ga. Laws 102,§ 3-1, eff. 7/1/2009.
Amended by 2002 Ga. Laws 971, § 1-6, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 1 - GENERAL PROVISIONS (§§ 37-1-1 — 37-1-125) › Article 2 - POWERS AND DUTIES OF THE DEPARTMENT (§§ 37-1-20 — 37-1-29) › Section 37-1-24 - Use of psychologist or physician in lieu of one another

No provision in this title shall require the department or any facility or private facility or any community service board to utilize a physician in lieu of a psychologist or a psychologist in lieu of a physician in performing functions under this title even though this title authorizes either a physician or a psychologist to perform the function.
Amended by 2009 Ga. Laws 102,§ 3-1, eff. 7/1/2009.
Amended by 2002 Ga. Laws 971, § 1-6, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 1 - GENERAL PROVISIONS (§§ 37-1-1 — 37-1-125) › Article 2 - POWERS AND DUTIES OF THE DEPARTMENT (§§ 37-1-20 — 37-1-29) › Section 37-1-25 - Purchase of real property authorized

The department is authorized to purchase land or lands adjacent to or near lands now under the control of the department where, in the opinion of the department, the land is needed for the benefit of one of the institutions under its control and management, to pay for such land out of any funds which may be available for such purpose, and to take title to land so purchased in the name of the State of Georgia for the use of the department.
Added by 2009 Ga. Laws 102,§ 3-1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 1 - GENERAL PROVISIONS (§§ 37-1-1 — 37-1-125) › Article 2 - POWERS AND DUTIES OF THE DEPARTMENT (§§ 37-1-20 — 37-1-29) › Section 37-1-26 - Sale of surplus products

(a)
The department shall sell, to the best advantage, all surplus products of the Central State Hospital or other institutions under the control and supervision of the department and shall apply the proceeds thereof to the maintenance of the institution from which such surplus products are received. Should any surplus funds arise from this source, they shall be paid into the state treasury annually; and the department shall, at the end of each quarter, make a detailed report of all such transactions to the Governor.
(b)
It is not the intention of this Code section to encourage competition in any way by the state, its institutions, agencies, departments or branches, or other subdivisions with the individual, private farmers of this state, or others, in the production and sale of agricultural or industrial commodities or products in due course of commerce.
Added by 2009 Ga. Laws 102,§ 3-1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 1 - GENERAL PROVISIONS (§§ 37-1-1 — 37-1-125) › Article 2 - POWERS AND DUTIES OF THE DEPARTMENT (§§ 37-1-20 — 37-1-29) › Section 37-1-27 - Legislative findings; Suicide Prevention Program; implementation

(a)
The General Assembly makes the following findings:
(1)
Every year in Georgia, approximately 850 people die from suicide;
(2)
More Georgians die from suicide than from homicide;
(3)
More teenagers and young adults die from suicide than from cancer, heart disease, AIDS, birth defects, stroke, pneumonia, influenza, and chronic lung disease combined;
(4)
Many who attempt suicide do not seek professional help after the attempt;
(5)
In Georgia, three out of four suicide deaths involve a firearm;
(6)
Factors such as aging, drug and alcohol abuse, unemployment, mental illness, isolation, and bullying in school contribute to causes of suicide; and
(7)
Education is necessary to inform the public about the causes of suicide and the early intervention programs that are available.
(b)
There is created the Suicide Prevention Program to be managed by the department.
(c)
The department, in implementing the Suicide Prevention Program, shall:
(1)
Establish a link between state agencies and offices, including but not limited to the Division of Aging Services and Division of Family and Children Services of the Department of Human Services, the Department of Public Health, local government agencies, health care providers, hospitals, nursing homes, and jails to collect data on suicide deaths and attempted suicides;
(2)
Work with public officials to improve firearm safety;
(3)
Improve education for nurses, judges, physician assistants, social workers, psychologists, and other counselors with regard to suicide education and prevention and expand educational resources for professionals working with those persons most at risk of suicide;
(4)
Provide training and minimal screening tools for clergy, teachers and other educational staff, and correctional workers on how to identify and respond to persons at risk of suicide;
(5)
Provide educational programs for family members of persons at an elevated risk of suicide;
(6)
Develop standardized protocols to be used by the department in reviewing suicide death scene investigations;
(7)
Work to increase the number of follow-back studies of suicides;
(8)
Work to increase the number of hospitals that code for external causes of injury;
(9)
Implement a state-wide reporting system for reporting suicides;
(10)
Support pilot projects to link and analyze information on self-destructive behavior from various, distinct data systems; and
(11)
Perform such other tasks as deemed appropriate to further suicide education and prevention in Georgia.
(d)
The Suicide Prevention Program shall coordinate with and receive technical assistance from epidemiologists and other staff of the Department of Public Health to support the research and outreach efforts related to this program.
Amended by 2011 Ga. Laws 244,§ 5-20, eff. 7/1/2011.
Added by 2009 Ga. Laws 102,§ 3-1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 1 - GENERAL PROVISIONS (§§ 37-1-1 — 37-1-125) › Article 3 - PROMULGATION OF RULES AND REGULATIONS (§§ 37-1-40 — 37-1-41) › Section 37-1-40 - Power of board to provide and promote standards, rules, and regulations

The board shall adopt and promulgate written rules, regulations, and standards as may be deemed necessary to effectuate the purposes of this title and which shall be the basis of state financial participation in mental health, developmental disabilities, and addictive diseases programs.
Renumbered from § 37-1-22 by 2011 Ga. Laws 245,§ 37, eff. 5/13/2011.
Former § 37-1-40 renumbered as § 37-1-41 by 2011 Ga. Laws 245,§ 37, eff. 5/13/2011.
Amended by 2009 Ga. Laws 102,§ 3-1, eff. 7/1/2009.
Amended by 2002 Ga. Laws 971, § 1-6, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 1 - GENERAL PROVISIONS (§§ 37-1-1 — 37-1-125) › Article 3 - PROMULGATION OF RULES AND REGULATIONS (§§ 37-1-40 — 37-1-41) › Section 37-1-41 - Rules and regulations of Board of Behavioral Health and Developmental Disabilities

All rules and regulations of the Board of Behavioral Health and Developmental Disabilities shall be adopted pursuant to Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
Renumbered from § 37-1-40 by 2011 Ga. Laws 245,§ 37, eff. 5/13/2011.
Amended by 2009 Ga. Laws 102,§ 3-1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 1 - GENERAL PROVISIONS (§§ 37-1-1 — 37-1-125) › Article 4 - HEARINGS, APPEALS, EVIDENCE, ETC (§§ 37-1-50 — 37-1-53) › Section 37-1-50 - [Repealed] Necessity of hearing; powers of hearing examiner, qualification

Amended by 2010 Ga. Laws 418,§ 4, eff. 7/1/2010.
Amended by 2009 Ga. Laws 102,§ 3-1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 1 - GENERAL PROVISIONS (§§ 37-1-1 — 37-1-125) › Article 4 - HEARINGS, APPEALS, EVIDENCE, ETC (§§ 37-1-50 — 37-1-53) › Section 37-1-51 - and 37-1-52 - Reserved

Reserved. Repealed by Ga. L. 1993, p. 1445, § 12, effective July 1, 1994.