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2018 Georgia Code 32-5-1 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 32-5-1 Case Law from Google Scholar Amendments to OCGA 32-5-1

TITLE 32 HIGHWAYS, BRIDGES, AND FERRIES

Section 5. Funds for Public Roads, 32-5-1 through 32-5-31.

ARTICLE 1 FEDERAL FUNDS

32-5-1. Receipt of funds by state; effect of inconsistency between chapter and requirements of United States Department of Transportation or other federal agencies.

  1. The state treasurer is designated a proper authority to receive any of the federal-aid funds apportioned by the federal government under 23 U.S.C. and to receive any other federal funds apportioned to the State of Georgia for public road and other public transportation purposes, unless designated otherwise by the federal government and except as such funds may be directed by the federal government to the State Road and Tollway Authority.
  2. If any provisions of this chapter are inconsistent with or contrary to any laws, rules, regulations, or other requirements of the United States Department of Transportation or other federal agencies, the Georgia Department of Transportation is authorized and empowered to waive such provisions of this chapter in order to resolve any such inconsistency or conflict, it being the purpose of this chapter to enable the department to comply with any requirement of the federal government in order to procure all possible federal aid and assistance for the construction or maintenance of the public roads of Georgia and other public transportation purposes.

(Code 1933, § 95A-701, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1982, p. 3, § 32; Ga. L. 1991, p. 94, § 32; Ga. L. 1993, p. 1402, § 18; Ga. L. 1999, p. 112, § 1; Ga. L. 2001, p. 1251, § 1-4; Ga. L. 2010, p. 863, § 3/SB 296.)

The 2010 amendment, effective July 1, 2010, substituted "state treasurer" for "director of the Office of Treasury and Fiscal Services" near the beginning of subsection (a).

Law reviews.

- For article, "Standards for Smart Growth: Searching for Limits on Agency Discretion and the Georgia Regional Transportation Authority," see 36 Georgia L. Rev. 247 (2001). For note on 1999 amendment to this Code section, see 16 Ga. St. U.L. Rev. 233 (1999).

JUDICIAL DECISIONS

Cited in Campbell v. State Rd. & Tollway Auth., 276 Ga. 714, 583 S.E.2d 32 (2003).

OPINIONS OF THE ATTORNEY GENERAL

No expenditure of money on historic preservation if not for transportation.

- Department of Transportation may expend federal and state funds on transportation enhancement activities as defined in 23 U.S.C. § 101(a) in those instances when the Code of Public Transportation gives the department the authority to expend such funds, but the Department of Transportation has no authority to expend federal or state money on historic preservation, rehabilitation, and operation of historic transportation buildings, structures, or facilities (including historic railroad facilities and canals) when such buildings, structures, or facilities are not being acquired for transportation purposes. 1993 Op. Att'y Gen. No. 93-3 (decided prior to 1993 amendment of O.C.G.A. § 32-1-3).

Cases Citing Georgia Code 32-5-1 From Courtlistener.com

Total Results: 1

Campbell v. State Road & Tollway Authority

Court: Supreme Court of Georgia | Date Filed: 2003-06-30

Citation: 276 Ga. 714, 583 S.E.2d 32, 2003 Fulton County D. Rep. 2013, 2003 Ga. LEXIS 610

Snippet: an instrumentality of the state). See OCGA § 32-5-1 (a) (2001) (designating Office of Treasury and