O.C.G.A.

O.C.G.A. § 35-2-40 (2019)

Purchase, lease, or construction of barracks and equipment for districts or divisions; acceptance of property, equipment, or services

✓ 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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In the event any district or division headquarters is established by the commissioner, he shall be authorized, with the approval of the board, to purchase, lease, or construct proper quarters or barracks for the men and equipment at such district or division, and to this end may contract with municipalities, persons, or corporations in the name of the state. Subject to the provisions of Code Section 50-16-38 and Code Section 35-2-41.1, the board is authorized to accept in the name and on behalf of the state any property, equipment, or service that may be donated for use at headquarters or any division or district thereof which may be of value to any division of the department.

History

Ga. L. 1937, p. 322, art. 2, § 12; Ga. L. 1985, p. 486, § 1.

Annotations

Code Commission notes. - Pursuant

to Code Section 28-9-5, in 1985, in the second sentence ‘‘35-2-41.1’’ was substituted for ‘‘35-2-40.1’’.

OPINIONS OF THE ATTORNEY GENERAL Department (now board) may accept private foundation funds designated for specified projects subject to the following limitations: (1) the gift

must be accepted in the name of and in the behalf of the State of Georgia; (2) any conditional gift must not require the department (now board) to exceed the de-

partment’s powers; and (3) all gifts of money must be held in accordance with the statutes (see now O.C.G.A. Art. 3, Ch.

17, T. 50), relating to the deposit of money in state depositories. 1974 Op. Att’y Gen. No. 74-140.

RESEARCH REFERENCES Am. Jur. 2d. - 63C Am. Jur. 2d, Public Officers and Employees, §§ 227 et seq., 237, 247, 248, 250.

C.J.S. - 67 C.J.S., Officers and Public Employees, §§ 323 et seq., 334 et seq.