O.C.G.A.
O.C.G.A.

O.C.G.A. § 30-3-9 (2019)

Effectiveness of chapter in relation to federal law

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) Any provision of this chapter which affords persons with disabilities greater access than is required by federal law shall be fully effective.

(b) Except as otherwise provided in subsection (a) of this Code section, to the extent that the provisions of this chapter are in conflict with the provisions of the federal Fair Housing Amendments Act of 1988, Public Law 100-430, and the regulations and guidelines promulgated pursuant to such federal act, the provisions of such federal act and regulations and guidelines shall control; but nothing in this subsection shall operate to defeat the intention of subsection (a) of this Code section.

History

(Code 1981, § 30-3-7, enacted by Ga. L. 1992, p. 2461, § 4; Code 1981, § 30-3-9, as redesignated by Ga. L. 1995, p. 1302, § 1.)

Annotations

Cross references. - Hearing screenings for newborns, § 31-1-3.2.

Notes of Decisions
Cited in 4 cases, 1985–1999 · leading case: Flournoy v. Hosp. Auth. of Houston Cnty., 504 S.E.2d 198 (Ga. Ct. App. 1998).
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Flournoy v. Hosp. Auth. of Houston Cnty., 504 S.E.2d 198 (Ga. Ct. App. 1998). · cites it 4× “[2] OCGA § 30-3-9 requiring compliance with American National Standards Institute ("ANSI") specifications A117.”
Davis v. GBR Props., Inc., 504 S.E.2d 204 (Ga. Ct. App. 1998). · cites it 4× “cannot be applied in this case, because of res judicata. The Federal District Court in this case, originally in the federal court, adjudicated that since the plaintiff was deceased and since only injunctive relief was sought, then there no longer existed a federal action under…”
Paul N. Smith & Bernice Smith v. Wal-Mart Stores, Inc., 167 F.3d 286 (6th Cir. 1999). “Ga.Code Ann. § 30-3-9(a). This statute does not create a cause of action.”
Johnston v. Atlanta Humane Soc'y, 326 S.E.2d 585 (Ga. Ct. App. 1985). · cites it 2× “Held: Fulton County Code § 30-3-9 provides that it is unlawful for persons keeping dogs to fail to affix to the dog's collar both a current license tag and a vaccination tag.”
— 30-3-9(a) — 1 case
Paul N. Smith & Bernice Smith v. Wal-Mart Stores, Inc., 167 F.3d 286 (6th Cir. 1999). “Ga.Code Ann. § 30-3-9(a). This statute does not create a cause of action.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.