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2018 Georgia Code 36-85-2 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 36-85-2 Case Law from Google Scholar Amendments to OCGA 36-85-2

TITLE 36 LOCAL GOVERNMENT

Chapter 85 information not found

ARTICLE 11 INTEREST RATE MANAGEMENT AGREEMENTS

36-85-2. Formation; functions; counties and municipalities as separate classes; agreements creating agencies; files of administrator are sole property of agency.

  1. A group of municipalities or a group of counties may execute an intergovernmental contract among themselves to form and become members of an interlocal risk management agency. After an interlocal risk management agency has been formed, any municipality or county may, subject to the bylaws and requirements of such agency, become a member and, through participation in the agency, may:
    1. Pool its general liability risks in whole or in part with those of other municipalities or counties;
    2. Pool its motor vehicle liability risks in whole or in part with those of other municipalities or counties;
    3. Pool its property damage risks in whole or in part with those of other municipalities or counties; or
    4. Jointly purchase accident, disability, supplemental medical, general liability, motor vehicle liability, or property damage insurance with other municipalities or counties participating in and belonging to the interlocal risk management agency, the participating municipalities or counties to be coinsured under a master policy or policies with the total premium apportioned among such participants.
  2. For the purposes of this chapter, municipalities and counties shall be deemed to constitute separate classes, and no member of any one such class shall join with a member of another class for the purpose of creating an interlocal risk management agency. There shall be only one interlocal risk management agency established for each class; provided, however, if the Commissioner determines that there are special or unique circumstances or needs of a group of counties or municipalities which justify the establishment of an additional interlocal risk management agency or agencies, he may authorize the establishment of such additional agency or agencies. Each agency may establish such group self-insurance funds as may be authorized by the Commissioner of Insurance.
  3. All arrangements and agreements made under the authority of this chapter shall be in writing. A municipality or county may become a member of an interlocal risk management agency by the adoption of a resolution or ordinance by the governing authority of the municipality or county. The interlocal risk management agency shall operate under such name and style as shall be provided in the intergovernmental contract creating such agency and shall have the power to bring and defend actions in all courts.
  4. All books, records, and files maintained by any administrator of any fund established by the agency, including but not limited to audit data and all active and inactive claim files, shall at all times be the sole property of the agency and shall be surrendered immediately to the agency upon demand.

(Code 1981, §36-85-2, enacted by Ga. L. 1986, p. 1496, § 1; Ga. L. 1987, p. 1454, § 2; Ga. L. 2017, p. 336, § 3/HB 146.)

The 2017 amendment, effective January 1, 2018, inserted "accident, disability, supplemental medical," near the beginning of paragraph (a)(4).

Cases Citing O.C.G.A. § 36-85-2

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Gilbert v. Richardson, 264 Ga. 744 (Ga. 1994).

Cited 428 times | Published | Supreme Court of Georgia | Nov 21, 1994 | 452 S.E.2d 476, 94 Fulton County D. Rep. 3818

...waiving sovereign immunity as contemplated by the 1991 amendment. See Ga. Const. of 1983, Art. I, Sec. II, Par. IX (e). 5. The question then becomes whether Walker County's purchase of a GIRMA coverage agreement as authorized by OCGA §§ 36-85-1 to 36-85-20 constitutes the purchase of liability insurance....
...City of Barwick , this court held that a municipality's purchase of a GIRMA liability policy constituted the purchase of liability insurance and waived sovereign immunity to the extent of available coverage. We reached this conclusion after declaring § 36-85-20 unconstitutionally void because it conflicted with the 1983 Constitution's waiver of sovereign immunity to the extent of available liability insurance. [9] 262 Ga. at 132. The conflicting language of the 1983 Constitution now having been eliminated, Millard contends that this court is constrained by § 36-85-20 to hold that the purchase of a GIRMA coverage agreement does not waive sovereign immunity. Although the 1991 amendment eliminated the constitutional language with which § 36-85-20 was deemed inconsistent, this revision did not resurrect the void statute....
...A statute declared unconstitutional is deemed void from its inception and is not revived merely because the constitutional infirmity is subsequently eliminated. Norton v. Shelby County, 118 U. S. 425 (6 SC 1121, 30 LE 178) (1886); James v. City of Blakely, 143 Ga. 117 (84 SE 431) (1915). Accordingly, § 36-85-20 provides no basis for a finding that Walker County's participation in GIRMA is not a waiver of sovereign immunity and our decision in Hiers controls....
...S. 998 (1988). [9] Through its participation in GIRMA, Walker County is authorized to pool its resources and liabilities with other member counties and jointly purchase general liability, motor vehicle liability, or property damage insurance. OCGA § 36-85-2 (a). [10] Section 36-85-20 provided that participation in the plan by a county "shall not constitute the obtaining of liability insurance and no sovereign immunity shall be waived on account of such participation." [] Other cases involving the doctrine of respondeat superior have not dealt with the official immunity of employees....