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

O.C.G.A. § 45-15-13 (2019)

Representation of state authorities by Attorney General

✓ 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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As used in Code Sections 45-15-14 through 45-15-16, the term "state authorities" means the following instrumentalities of the state: Georgia Building Authority, Georgia Education Authority (Schools), Georgia Education Authority (University), Georgia Highway Authority, Georgia Ports Authority, State Road and Tollway Authority, Jekyll Island-State Park Authority, Stone Mountain Memorial Association, Georgia Emergency Communications Authority, and Savannah-Georgia Convention Center Authority.

History

(Ga. L. 1969, p. 484, § 1; Ga. L. 2001, p. 1251, § 2-1; Ga. L. 2012, p. 775, § 45/HB 942; Ga. L. 2014, p. 866, § 45/SB 340; Ga. L. 2018, p. 689, § 3-3/HB 751; Ga. L. 2019, p. 285, § 2/HB 525.)

Annotations

The 2014 amendment, effective April 29, 2014, part of an Act to revise, modernize, and correct the Code, deleted "Georgia Building Authority (Hospital), Georgia Building Authority (Markets)," following "Georgia Building Authority," near the beginning.

The 2018 amendment, effective January 1, 2019, deleted "and" preceding "Stone Mountain", and added ", and Georgia Emergency Communications Authority". See Editor's notes for applicability.

The 2019 amendment deleted "and" preceding "Georgia Emergency Communications Authority" near the end, and added ", and Savannah-Georgia Convention Center Authority" at the end. See Editor's notes for effective date.

Editor's notes. - Ga. L. 2018, p. 689, § 4-1/HB 751, not codified by the General Assembly, provides that: "(b) The provisions of this Act shall not in any manner diminish, extinguish, reduce, or affect any cause of action for audits, services, or the recovery of funds from service providers which may have existed prior to January 1, 2019. Any such cause of action is expressly preserved."

Ga. L. 2019, p. 285, § 4/HB 525, not codified by the General Assembly, provides: "This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval for the sole purpose of appointing the initial members of the authority. The Act shall become effective for all other purposes on July 1, 2019." This Act was signed by the Governor on April 28, 2019.

JUDICIAL DECISIONS

Local hospital authorities, housing authorities, and development authorities are not "state authorities" of the genus defined by this section. Gaither v. Fulton-DeKalb Hosp. Auth., 144 Ga. App. 16, 240 S.E.2d 560 (1977), rev'd on other grounds, 241 Ga. 572, 247 S.E.2d 89 (1978).

RESEARCH REFERENCES

Am. Jur. 2d. - 7 Am. Jur. 2d, Attorney General, §§ 6, 17 et seq.

C.J.S. - 7A C.J.S., Attorney General, §§ 4, 37.

Notes of Decisions
Cited in 3 cases, 2003–2018 · leading case: Perdue v. Baker, 586 S.E.2d 606 (Ga. 2003).
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Perdue v. Baker, 586 S.E.2d 606 (Ga. 2003). · cites it 4× “[49] OCGA § 45-15-13. [50] OCGA § 45-15-7. [51] OCGA § 45-15-9.”
Ga. Ports Auth. v. Lawyer, 821 S.E.2d 22 (Ga. 2018). · cites it 2× “See also OCGA § 45-15-13. Although the Ports Authority is authorized to incur debt, it may do so only with the approval of the State Financing and Investment *32 Commission, see OCGA § 50-17-22 (f) (1), of which the Governor serves as chair.”
Georgia Ports Auth. v. Lawyer, 304 Ga. 667 (Ga. 2018). · cites it 2× “See also OCGA § 45-15-13. Although the Ports Authority is authorized to incur debt, it may do so only with the approval of the State Financing and Investment Commission, see OCGA § 50-17-22 (f) (1), of which the Governor serves as chair.”
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.