O.C.G.A. § 50-7-117 (2019)

Annotations

Editor’s notes. Ga. L. 2018, p. 349, § 2/SB 395 repealed and reserved this article, effective July 1, 2018. Ga. L. 2018, p. 1112, § 54(e)/SB 365, part of an Act to revise, modernize, and correct the Code, effective May 8, 2018, not codified by the General Assembly, pro-

vides: “In the event of an irreconcilable conflict between a provision in Sections 1 through 53 of this Act and a provision of another Act enacted at the 2018 regular session of the General Assembly, the provision of such other Act shall control over the conflicting provision in Sections 1 through 53 of this Act to the extent of the conflict.” Accordingly, the amendment to Code Section 50-7-122 by Ga. L. 2018, p. 1112, § 50(2)/SB 365, was not given effect.

CHAPTER 8 DEPARTMENT OF COMMUNITY AFFAIRS Sec.

Article 1 General Provisions Sec.

Creation and continuation of department. Definitions. Purpose of article; duties of department. Department to investigate fraud in federal Section 8 Housing Choice Voucher Program. Board of Community Affairs. Commissioner; powers. Divisions, sections, and offices of department. Planning and technical assistance activities; gathering and distribution of information and studies. General powers and duties. Ratification of department standards and procedures by General Assembly. Solid waste management program; Georgia Clean and Beautiful Advisory Committee and Interagency Council on Solid Waste Management. Grants, loans, and other disbursements of funds; state community development program. Contracts with public and private entities or individuals. Coordination of policies, programs, and actions of governments; research center on intergovernmental relations; leadership and community development programs. Power to take action for furtherance of purposes of department; disposition of revenues.

No limitations by article on county or municipal zoning power. Authorities and agencies assigned to department. Exemption from “Georgia Administrative Procedure Act.” Rights of state employees transferred from State Building Administrative Board; validity of board’s legal contracts. Rights of state employees transferred from Bureau of Community Affairs; validity of bureau’s legal contracts. Employees serve in classified and unclassified service. Energy efficient construction of major state-funded facility projects.

Article 2 Regional Commissions PART 1 GENERAL PROVISIONS

Legislative findings; purpose and construction of article. Definitions. Creation of regional commissions. Municipal and county membership; annual dues; distribution of state funds. Councils of regional commissions; membership; powers. Executive director of commission; performance standards and annual performance review. Powers and duties. Submission of local plans; review, comment, and recommendation procedures.

Sec.

Sec. Review of applications from governmental entities for loans or grants. Audit of funds. Appointment of receiver of assets upon commission’s ceasing operations. Notice of intent to designate area-wide or multicounty agency. Regional development centers succeeded by regional commissions. Remaining powers of metropolitan area planning and development commissions. Appropriation or loan of funds, facilities, supplies, and equipment by local government entities. Exemption from taxes. Authorized purchases by Department of Administrative Services; commissioner of administrative services to prescribe regulations and standards. No limits by article on county or municipal zoning power. Transfer of outstanding assets, liabilities, contracts, staff, records, or debts. PART 2

Metropolitan Area Planning and Development Commissions

Creation; role; application. Establishment of board of directors; membership. Executive directors of commissions acting as advisers.

Conflicts of Interest in Contract Administration

Article 3

Definitions. Prohibited employment of employee of commission or nonprofit corporation; penalties. Employee’s business transactions with commission or

nonprofit corporation prohibited; penalties. Disclosure of employee’s business transactions with local government; exempt transactions; disclosure of loan transactions by member of board or advisory committee; penalties. Competitive bidding requirement. Annual report to Board of Community Affairs. Civil fine for violations. Prohibition of election influence and partisan political activities; disciplinary measures. Article 4

Definitions. Legislative intent. Commissions created. Powers, duties, and obligations. Membership. Terms of office; removal from office; filling of vacancies. Quorum; votes equally weighted. Chairman; election; powers and duties; salary and expense allowances; removal. Election of officers; compensation of officers and members. Executive director; appointment. Personnel. Advisory committees. Development guides; contents. Review of area plans; designation as official planning agency; responsibility to carry out assigned or delegated planning functions for an area. Submission of municipal and county area plans; com-

Sec.

ment and recommendation procedure. Submission of public entity area plans; comment and recommendation procedure. Review of applications from governmental entities for loans or grants. Research, study, and planning duties. Power and authority generally; determination of whether plan is area plan; bylaws, rules, and regulations. Acceptance and expenditure of gifts, loans, and grants. Commission authorized to be contracting agent for certain local governments. Annual report. Books of account; annual population estimates; operating funds; annual program and budget. Submission of negative or unfavorable recommendation based upon stale data. Determination of effective dates of certain Code sections by resolution of commission or by operation of law. Article 5

Sec.

[Reserved] Creation of council; members; terms; officers; regular meetings; expenses; bylaws. Article 7

Grants Promoting E-85 Gasoline

Definitions; facilitating E-85 projects; implementation of grant program. Article 8

Regional Economic Assistance Projects

Definitions. Application for REAP designation; minimum criteria; reciprocal use agreements with adjacent facilities. Certification of compliance; notices of noncompliance. State agencies encouraged to give certified projects priority in licensing and processing grants and loans. Annual report by project developer. Rules and regulations. Article 9

Short title. Rural economic development areas. Studies for proposed projects. Recommendation, approval, funding, and implementation of projects.

Rural Facilities Economic Development

Article 6 Office of Rural Development

PART 1 OFFICE OF RURAL DEVELOPMENT

Duties and responsibilities. Employees. PART 2

Rural Economic Development

Legislative findings; office created.

Short title. Legislative findings. Definitions. Designation and ranking of less developed counties. Facilities development committees created; membership. Policies and procedures for facilities development committee. Preparation of comprehensive local plan for less developed county.

Sec.

Article 11 Conflicts arising in preparation and submission of local plan. Submission of local plan required; applications for grants. Review of local plan by commissioner. Matching grants for implementation of local plan. Oversight of local plan by facilities development committee. Distribution of appropriated funds; ratio of matching funds; submission of consolidated report and accounting.

Downtown Renaissance Fund Sec.

Metropolitan Transportation Planning Process for Atlanta Urbanized Area and Atlanta Air Quality Region

Martin Luther King, Jr., Advisory Council

Creation; members; vacancies; quorum. Duties. Authority to establish not for profit corporation and appoint members.

Cross references. Community planning and development functions of Office of Planning and Budget, § 45-12-170 et seq. Administrative rules and regulations. Georgia Department of Community Affairs, Official Compilation of the Rules

Definitions. Short title; establishment; director; application for assistance; fees; rules and regulations. Article 12

Article 10

Metropolitan Transportation Planning Process established; determination of regional air quality planning area; participating governmental units; funding; policy boards; conflict of laws. Article 13

Georgia Geospatial Advisory Council

Definitions. Creation; coordination; meetings; role; regulations.

and Regulations of the State of Georgia, § 110-1-1-.01 et seq. Law reviews. For article, “State Government: Department of Community Affairs,” see 28 Ga. St. U.L. Rev. 305 (2011).

ARTICLE 1 GENERAL PROVISIONS Editor’s notes. Ga. L. 1988, p. 38, § 1, effective February 24, 1988, repealed the Code sections formerly codified as this article and enacted the current article. The former article consisted of Code Sections 50-8-1 through 50-8-12 and was based on Ga. L.

1957, p. 446; Ga. L. 1967, p. 252; Ga. L. 1970, p. 321; Ga. L. 1976, p. 648; Ga. L. 1976, p. 658; Ga. L. 1977, p. 381; Ga. L. 1978, p. 1542; Ga. L. 1978, 1592; Ga. L. 1979, p. 1063; Ga. L. 1980, p. 1316; Ga. L. 1981, Ex. Sess., p. 8 (Code Enactment Act) and Ga. L. 1982, p. 3; Ga. L. 1982, p. 2310;

Ga. L. 1983, p. 3; Ga. L. 1984, p. 378; Ga. L. 1984, p. 1177; Ga. L. 1985, p. 149; and Ga. L. 1987, p. 345. Law reviews. For article, “Georgia Wetlands: Values,

Trends, and Legal Status,” see 41 Mercer L. Rev. 791 (1990).