O.C.G.A.

O.C.G.A. § 31-7-84 (2019)

Payment for authority’s services and facilities; levy of tax by political subdivisions; compliance by authority with county budgetary procedures

✓ 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) An authority shall have no power to tax, but upon the adoption of the resolution by the governing body or bodies of participating units or subdivisions as provided in this article and the execution of a contract for the use of facilities and services of the authority by political subdivisions or participating units as authorized in Code Section 31-7-85, provision shall be made annually by such participating units or political subdivisions contracting with an authority for the payment for the services and facilities of the authority used by the participating units or subdivisions or the residents thereof out of general funds of the participating units or subdivisions or out of tax revenues realized for the purpose of providing medical care or hospitalization for the indigent sick and others entitled to the use of the services and facilities of the authority. (b) For the purpose of providing such tax revenues as specified above, there is authorized to be levied an ad valorem tax not exceeding seven mills, exclusive of all other taxes which may be levied by counties or by cities or by towns, from which revenues when realized there shall be appropriated annually sums sufficient to pay for the cost of the use of the services and facilities of authorities by participating subdivisions or the residents thereof pursuant to the provisions and covenants of the

contract between such participating units and subdivisions and authorities. In determining the cost of such services and facilities furnished pursuant to such contract, there may be included, but without limiting same, the following: (1) The cost of acquiring, constructing, altering, repairing, renovating, improving, and equipping projects; and (2) Principal, interest, and sinking fund and other reserve requirements in connection with the issuance of revenue certificates, bonds, or obligations by authorities to finance, in whole or in part, the cost of projects and the payment of expenses incident thereto; the cost of operating, maintaining, and repairing such projects; and the cost of retiring, refinancing, or refunding any outstanding debt or other obligation of any nature incurred by such authorities. (c) Whenever the fiscal operations of any county falling within the classification of this chapter are governed by any statutory budget law applicable to the fiscal affairs and budget of such county, the governing authorities of such county shall have full power and authority hereunder to require the hospital authority to conform, in whole or in part, to the same budgetary procedures as are made binding by statute upon the county government itself.

History

Ga. L. 1941, p. 241, § 10; Ga. L. 1953, Jan.-Feb. Sess., p. 103, § 1; Ga. L. 1955, p. 618, § 2; Code 1933,

§ 88-1812, enacted by Ga. L. 1964, p. 499, § 1; Ga. L. 1967, p. 552, § 1; Ga. L. 1968, p. 1098, § 1.

Annotations

JUDICIAL DECISIONS Cited in United States v. Hosp. Auth. of Charlton County (In re Hosp. Auth. of Charlton County), 56 Bankr. Ct. Dec. (LRP) 220 (Bankr. S.D. Ga. July 3, 2012). County authority may provide for funding of the operation and maintenance of a hospital during renovation, a reserve fund for hospital operations, pay-

ment of currently outstanding hospital authority obligations, and such amounts as may be necessary to assure the continued operation and maintenance of the hospital during the term of the contract. Cheely v. State, 251 Ga. 685, 309 S.E.2d 128 (1983).

RESEARCH REFERENCES Am. Jur. 2d. - 40A Am. Jur. 2d, Hospitals and Asylums, § 8 et seq.

C.J.S. - 41 C.J.S., Hospitals, §§ 5 et seq., 11.

Notes of Decisions
Cited in 4 cases, 1983–2013 · leading case: Fed. Trade Comm'n v. Phoebe Putney Health Sys., Inc., 133 S. Ct. 1003 (2013).
Fed. Trade Comm'n v. Phoebe Putney Health Sys., Inc., 133 S. Ct. 1003 (2013). “8 The Court of Appeals also invoked Ga. Code Ann. §31-7-84 , which provides that hospital authorities do not have the power to assess taxes, but allows the applicable governing body in the authority’s area of operation to impose taxes to cover the authority’s expenses.”
Cheely v. State of Ga., 309 S.E.2d 128 (Ga. 1983). · cites it 4× “See OCGA § 31-7-84 (b) (Code Ann. § 88-1812).”
Crosby v. Hosp. Auth. of Valdosta & Lowndes Cnty., 93 F.3d 1515 (11th Cir. 1996). “O.C.G.A. § 31-7-84(a). Indeed, counties and their component municipalities are specifically authorized to contract with hospital authorities for the purpose of providing medical care to indigent residents of that county or municipality.”
Howard Ex Rel. Mullaly v. Liberty Mem'l Hosp., 752 F. Supp. 1074 (S.D. Ga. 1990). · cites it 2× “§ 31-7-90 (1985), and which receives most of its funding from local taxes, O.C.G.A. § 31-7-84 (1985), although the state also has the authority to make grants.”
— 31-7-84(a) — 1 case
Crosby v. Hosp. Auth. of Valdosta & Lowndes Cnty., 93 F.3d 1515 (11th Cir. 1996). “O.C.G.A. § 31-7-84(a). Indeed, counties and their component municipalities are specifically authorized to contract with hospital authorities for the purpose of providing medical care to indigent residents of that county or municipality.”
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.