2018 Georgia Code Annotated

TITLE 46 PUBLIC UTILITIES AND PUBLIC TRANSPORTATION

Chap.

• 1. General Provisions, 46-1-1 through 46-1-5.
• 2. Public Service Commission, 46-2-1 through 46-2-95.
• 2A. Electric Utilities Generally, 46-2A-1 through 46-2A-2.
• 3. Electrical Service, 46-3-1 through 46-3-541.
• 3A. Integrated Resource Planning, 46-3A-1 through 46-3A-11.
• 4. Distribution, Storage, and Sale of Gas, 46-4-1 through 46-4-166.
• 4A. Provision of Energy Conservation Assistance to Residential Customers by Electric and Gas Utilities, 46-4A-1 through 46-4A-14.
• 5. Telephone Service, 46-5-1 through 46-5-252.
• 6. Radio Common Carriers, 46-6-1 through 46-6-16. [Repealed], 46-6-1 through 46-6-16.
• 7. Motor Carriers, 46-7-1 through 46-7-101. [Repealed], 46-7-1 through 46-7-101.
• 8. Railroad Companies, 46-8-1 through 46-8-382.
• 8A. Rapid Rail Passenger Service, 46-8A-1 through 46-8A-4.
• 9. Transportation of Freight and Passengers Generally, 46-9-1 through 46-9-332.
• 10. Consumers' Utility Counsel Division, 46-10-1 through 46-10-9. [Repealed], 46-10-1 through 46-10-9.
• 11. Transportation of Hazardous Materials, 46-11-1 through 46-11-6. [Repealed], 46-11-1 through 46-11-6.

Chapter 1. General Provisions, 46-1-1 through 46-1-5.

• 46-1-1. Definitions.
• 46-1-2. Measure of damages for wrongs and injuries by railroad companies generally; venue for actions against railroad companies and electric companies generally.
• 46-1-3. Applicability of powers granted by title to other companies or entities regulated by commission.
• 46-1-4. Applicability of title to carriers engaged in interstate commerce.
• 46-1-5. Duties of Department of Human Services with regard to assistance to low or fixed income consumers of gas and electric service.

Chapter 2. Public Service Commission, 46-2-1 through 46-2-95.

Article 1 Organization and Members.

• 46-2-1. Election of Commissioners; terms of office.
• 46-2-2. Qualifications of Commissioners; restriction on any interest in companies under jurisdiction of commission; disqualification of Commissioner.
• 46-2-3. Oath of office of Commissioners.
• 46-2-4. Filling of vacancies on commission.
• 46-2-5. Chairperson of commission; selection.
• 46-2-6. Salary of Commissioners.
• 46-2-7. Employment of officers, experts, and other employees by commission; compensation of employees.
• 46-2-7.1. Director of utilities.
• 46-2-7.2. Public information officer.
• 46-2-8. Payment of salaries and expenses by commission; appropriations for salaries and expenses; designation of Public Service Commission Fund.
• 46-2-9. Domicile of commission; jurisdiction of actions involving commission or business entities regulated by commission; furnishing commission with office and supplies.
• 46-2-10. Payment of special fee by corporations and utilities subject to jurisdiction of commission; notice of amount due; procedure on default.

Article 2 Jurisdiction, Powers, and Duties Generally.

• 46-2-20. Jurisdiction of commission generally; powers and duties of commission generally.
• 46-2-21. Extension of commission's powers and duties to street railroads, telegraph companies, telephone companies, and gas and electric light and power companies.
• 46-2-22. Jurisdiction of commission over express companies and telegraph companies [Repealed].
• 46-2-23. Rate-making power of commission generally; special provisions concerning telecommunications companies.
• 46-2-23.1. "Alternative form of regulation" defined; filing; notice; approval; release of interstate pipeline capacity.
• 46-2-24. Consideration by commission of quality of service in determining just and reasonable rates and charges.
• 46-2-25. Procedure for changing any rate, charge, classification, or service; recovery of financing costs.
• 46-2-25.1. County-wide local calling; modification of existing rate schedules; plans for implementing service; methods of funding; rate-making power of commission not affected.
• 46-2-25.2. Sixteen-mile toll-free telephone calling; modification of rate schedules; recovery of expenses or lost revenues by telephone companies; rate-making power of Public Service Commission not affected.
• 46-2-25.3. Toll-free calls within 22 miles of exchange; hearings; "net gain" defined.
• 46-2-26. Restriction as to utilization of fuel-adjustment tariffs; procedure for rate change by utility based solely on change in fuel costs; extent of commission's power over rate changes; disclosure requirements for utilities seeking rate change.
• 46-2-26.1. Accounting methods to be used by electric utilities in rate-making proceedings.
• 46-2-26.2. Tax accounting by utilities in rate-making proceedings.
• 46-2-26.3. Recovery of costs of conversion from oil-burning to coal-burning generating facility; filing of request; public hearing; determination of rate; adjustments.
• 46-2-26.4. Accounting procedures in gas utility rate proceedings.
• 46-2-26.5. Gas supply plans and adjustment factors; filings and hearing procedures; recovery of purchase gas cost.
• 46-2-27. Notation on bill of charges for fuel adjustment, meter reading and consumption, and where rates charged may be obtained.
• 46-2-28. Procedure for issuance of stocks, bonds, notes, or other debt by companies under commission's jurisdiction; exemptions.
• 46-2-29. Requirement of confidentiality of information obtained by commission member or employee in a proceeding under Code Section 46-2-28.
• 46-2-30. Power of commission to make rules and regulations generally.
• 46-2-31. Annual report by commission to Governor.
• 46-2-32. Payment of fines into state treasury; cumulative nature of remedies provided by this title.
• 46-2-33. Costs incurred by commission charged to utility; invoicing; recovery.

Article 2A Utility Finance Section.

• 46-2-40. Creation of Utility Finance Section; composition of section.
• 46-2-41. Appointment of director of Utility Finance Section; compensation; supervisory role of director of utilities; qualifications and responsibilities of director of section generally.
• 46-2-42. Employment of assistant director of Utility Finance Section; employment of accountants, statisticians, experts, and clerical personnel; application of rules and regulations.
• 46-2-43. Director, assistant director, or any other employee of Utility Finance Section prohibited from having any interest in or being employed by electric utilities.
• 46-2-44. Duties of Utility Finance Section generally.
• 46-2-45. Relationship of Utility Finance Section to commission.

Article 3 Investigations and Hearings.

• 46-2-50. Conducting of hearings and investigations generally.
• 46-2-51. Prescription by commission of rules of procedure and rules of evidence; promulgation of rules and regulations as to rehearing, reconsideration, and oral argument of orders.
• 46-2-52. Keeping of records of proceedings on formal investigations; transcribing of testimony.
• 46-2-53. Reports, rate schedules, orders, rules, or regulations of commission as admissible evidence in court proceedings [Repealed].
• 46-2-54. Power to issue subpoenas; payments to witnesses; failure or refusal to obey subpoenas.
• 46-2-55. Compelling witnesses to testify before commission as to the giving or granting of rebates or as to discriminations in rates and charges by common carriers.
• 46-2-56. Compelling witnesses to testify against common carriers or any other person in court.
• 46-2-57. Obtaining of discovery by employees and agents of commission; petitions by commission for necessary orders, injunctions, and subpoenas; extension of suspension period by Superior Court of Fulton County; time of hearing of applications and petitions from commission.
• 46-2-58. Conducting of hearings by hearing officers.
• 46-2-59. Permissible parties in proceedings before commission; intervention in proceedings generally; limited appearances; procedure for granting leave to intervene.

Article 4 Allocation of Gas and Electricity to Protect Public Health and Safety.

• 46-2-70. Definitions.
• 46-2-71. Power of commission to allocate utility service and to alter, amend, suspend, or terminate existing rates, schedules, contracts, rules, or regulations; findings required before commission exercises powers of allocation.
• 46-2-72. Immunity from liability of persons acting in accordance with ruling or order of commission entered pursuant to Code Section 46-2-71.

Article 5 Miscellaneous Offenses and Penalties.

• 46-2-90. Liability of companies subject to jurisdiction of commission generally; venue for actions generally; award of attorney's fee.
• 46-2-91. Penalties recoverable before commission; superior court filing of certain commission orders; venue; effect of judgment.
• 46-2-92. Penalties recoverable by state through civil action.
• 46-2-93. Criminal penalty; venue for actions; calling of agents and employees of company as witnesses; use of testimony against agents and employees.
• 46-2-94. Operation as household goods carrier for hire without having valid certificate prohibited [Repealed].
• 46-2-95. Civil actions; standard for obtaining an injunction.

• General Consideration
• Powers of Commission

• 46-2A-1. Annual audit of affairs of electric utilities.
• 46-2A-2. Management audit of electric utilities.

Chapter 3. Electrical Service, 46-3-1 through 46-3-541.

Article 1 Generation and Distribution of Electricity Generally.

Part 1 ALLOCATION OF TERRITORIAL RIGHTS TO ELECTRIC SUPPLIERS.

• 46-3-1. Short title.
• 46-3-2. Legislative findings and declaration of policy.
• 46-3-3. Definitions.
• 46-3-4. Assignment or declaration as unassigned areas-B of geographic areas outside municipal limits as of March 29, 1973.
• 46-3-5. Assignment of geographic areas within municipal limits as of March 29, 1973.
• 46-3-6. Assignment and unassignment of geographic areas included within wholly new municipalities after March 29, 1973.
• 46-3-7. Assignment and unassignment of geographic areas annexed to municipalities after March 29, 1973.
• 46-3-8. Exceptions, grandfather rights, and other rights.
• 46-3-9. Limitation on power of electric membership corporations to furnish service within municipalities.
• 46-3-10. Limitation on power of electric suppliers to condemn property of other electric suppliers.
• 46-3-11. Application by electric supplier of discriminatory rates, charges, or service rules or regulations; prohibited acts by electric suppliers generally.
• 46-3-12. Jurisdiction of commission over electric membership corporations.
• 46-3-13. Enforcement of part by commission.
• 46-3-14. Effect of part on municipal police powers over erection and maintenance of electric wires, poles, and other facilities of electric suppliers in streets, alleys, and public ways.
• 46-3-15. Effect of part on charges of public utilities owned or operated by counties or municipalities.

Part 2 HIGH-VOLTAGE SAFETY.

• 46-3-30. Short title.
• 46-3-31. Purpose of part.
• 46-3-32. Definitions.
• 46-3-33. Required conditions for commencing work within ten feet of high-voltage line.
• 46-3-34. Utilities protection center; funding of activities; notice of work; delay; responsibility for completing safety requirements.
• 46-3-35. Allocation of expense of precautionary measures taken pursuant to public highway construction.
• 46-3-36. Administration and enforcement of part by Commissioner of Labor [Repealed].
• 46-3-37. Applicability of part to railway systems, electrical engineering system or other entities.
• 46-3-38. Applicability of part to moving or transportation of houses or buildings.
• 46-3-39. Restriction on liability of owners and operators of high-voltage lines; effect of part on duty or degree of care.
• 46-3-40. Criminal penalty; strict liability for injury or damage; indemnification; liability for cost of delay.

Part 3 Sale of Electricity by Facility

Generating Electricity, Steam, or Other Forms of Energy

for Its Own Consumption.

• 46-3-50. Short title.
• 46-3-51. Legislative determinations and declarations.
• 46-3-52. Jurisdiction of commission over cogeneration facility the energy from which is used solely by operator.
• 46-3-53. Jurisdiction of commission over cogeneration facilities.
• 46-3-54. Electric service providers; rates and fees.
• 46-3-55. Measurement and payment of energy flow.
• 46-3-56. Requirement to purchase energy from customer generator; safety standards and regulations.

Part 4 SOLAR POWER FREE-MARKET FINANCING.

• 46-3-60. Short title.
• 46-3-61. Findings.
• 46-3-62. Definitions.
• 46-3-63. Financing of solar technology; electric service provider prohibited from interfering with use of solar technology; electric service provider not liable for certain acts.
• 46-3-64. Requirements upon a retail electric customer utilizing solar technology connected to an electric system of an electric service provider.
• 46-3-65. Clarification of who shall be considered an electric supplier and an electric service provider.
• 46-3-66. Construction and applicability.

Article 2 Nonprofit Rural Electrification Membership Corporations.

• 46-3-70. [Repealed].
• 46-3-71 through 46-3-97 [Repealed].

Article 3 Municipal Electric Authority of Georgia.

• 46-3-110. Declaration of necessity.
• 46-3-111. Definitions.
• 46-3-112. Creation of authority; status of authority as instrumentality of state; location of principal office and legal situs or residence of authority.
• 46-3-113. Number of members of authority; creation of Municipal Electric Committee of Georgia Membership Election Committee; designation of members; selection of officers; receiving of nominations, election and terms of first members of authority.
• 46-3-114. Residency requirements for authority members; ineligibility of election committee representatives for membership; eligibility of members to succeed themselves.
• 46-3-115. Terms of authority members generally; time of meeting of election committee prior to annual meeting of authority.
• 46-3-116. Selection of additional representatives to election committee by political subdivisions subsequently contracting with authority.
• 46-3-117. Manner of distribution of votes among representatives to election committee; quorum of election committee.
• 46-3-118. Vacancies on authority.
• 46-3-119. Officers of authority.
• 46-3-120. Quorum of authority; action by majority vote; adjournment of meetings at which less than a majority is present.
• 46-3-121. Annual meeting of authority; special meetings; notice of meetings; waiver of notice; regular meetings other than annual meeting.
• 46-3-122. Reimbursement of members for expenses; making of rules and regulations by authority; employment of staff and personnel; designation of assistant secretary-treasurer.
• 46-3-123. Removal of authority members from office.
• 46-3-124. Books and records generally.
• 46-3-125. Purpose of authority.
• 46-3-126. Powers of authority generally.
• 46-3-127. Policy as to nonprofit operation of projects by authority; fixing of rates, fees, and charges by authority.
• 46-3-128. Declaration of authority property as public property; payments by authority in lieu of taxes; tax exemption for authority property, income, obligations, and debt interest.
• 46-3-129. Contracts between authority and political subdivisions for use of projects and facilities of authority.
• 46-3-130. Eligibility of political subdivisions to contract with authority.
• 46-3-131. Issuance of revenue bonds and bond anticipation notes in general.
• 46-3-132. Validation of contracts for payments pledged as security for bonds.
• 46-3-133. Failure of district attorney to pursue judicial validation of bonds.
• 46-3-134. Bonds as legal investments; depositing bonds with public officers and bodies of state.
• 46-3-135. Pledge of authority's revenues and earnings to payment of principal of and interest on bonds; setting aside of pledged revenues and earnings into sinking funds.
• 46-3-136. Securing of bonds by trust agreement or indenture.
• 46-3-137. Application of bond proceeds to cost of projects; issuance of additional bonds to remedy deficit in proceeds from bond issue; application of surplus proceeds.
• 46-3-138. Mutilated, lost, stolen, or destroyed bonds and coupons.
• 46-3-139. Interest on bonds.
• 46-3-140. Cancellation of evidences of indebtedness and interest coupons.
• 46-3-141. Records of evidences of indebtedness issued.
• 46-3-142. Paying agents for bonds.
• 46-3-143. Bond anticipation notes.
• 46-3-144. Negotiability of bonds, notes, and other evidences of debt.
• 46-3-145. Liability of members of authority on bonds and notes; obligations of state and political subdivisions in regard to issued bonds or notes; requirement as to recital on face of bonds and notes.
• 46-3-146. Preservation of interests and rights of owners of bonds and notes.
• 46-3-147. Appointment of receiver for authority for default on bonds; duties of receiver; termination of receivership; jurisdiction of court over receiver.
• 46-3-148. Fixing, revising, and collecting fees, tolls, and charges for use of projects; application of revenues; time of payment; indemnity by political subdivisions; enforcement; assignment of payments; issuing resolutions governing disposition of revenues.
• 46-3-149. Status of authority's funds received from revenue bonds, fees, tolls, charges, gifts, grants, or other contributions as trust funds; lien of bond owners on funds.
• 46-3-150. Audits of authority and of funds established in connection with its debt.
• 46-3-151. Venue of actions.
• 46-3-152. Jurisdiction of commission over rates, services, and practices of authority.
• 46-3-153. Applicability of other laws to meetings and records of authority.
• 46-3-154. Supplemental nature of powers conferred by article.
• 46-3-155. Construction of article.

Article 4 Electric Membership Corporations and Foreign Electric Cooperatives.

Part 1 GENERAL PROVISIONS.

• 46-3-170. Short title.
• 46-3-171. Definitions.
• 46-3-172. Applicability of article.
• 46-3-173. Effect of affixing corporate seal; signing of documents; affixing of seal as optional; signing of deeds after dissolution of an electric membership corporation.
• 46-3-174. Filing of documents with Secretary of State; filing of articles of correction.
• 46-3-175. Certification of documents by Secretary of State.
• 46-3-176. Obligations issued to secure payment of federal loans as constituting securities; exemption of obligations and membership certificates from Georgia securities laws.
• 46-3-177. Jurisdiction of commission.
• 46-3-178. Intent of article as regards authority of electric membership corporations to own or operate cable television systems.
• 46-3-179. Validity of transactions entered into before July 1, 1981; preservation of rights, duties, and interests arising from such transactions.
• 46-3-180. Effect of article on cause of action, liability, penalty, or special proceeding accrued, existing, incurred, or pending as of July 1, 1981.
• 46-3-181. Reservation of power by General Assembly.
• 46-3-182. Construction of article as against Part 1 of Article 1 of this chapter, the "Georgia Territorial Electric Service Act."

Part 2 Corporate Purposes and

Powers. Part 3

• 46-3-200. Purposes of electric membership corporations.
• 46-3-201. Existence of electric membership corporations under articles of incorporation; duration of corporations; powers of corporations generally.
• 46-3-202. Defense of ultra vires.
• 46-3-203. Unauthorized assumption of corporate powers.
• 46-3-204. Limitations as to actions growing out of acquisition of rights of way, easements, or occupation of lands of others; damages recoverable.

• 46-3-220. Requirements as to corporate name generally.
• 46-3-221. Reservation of names.

Part 4 Registered Office, Registered Agents, Service of Process, and Venue.

• 46-3-240. Registered office and registered agent.
• 46-3-241. Change of registered office or registered agent.
• 46-3-242. Service of process on electric membership corporations.
• 46-3-243. Venue in proceedings against electric membership corporations and foreign electric cooperatives generally.

Part 5 MEMBERS.

• 46-3-260. Qualifications of members; provision by articles of incorporation or bylaws for transfer, classification, and termination of memberships.
• 46-3-261. Liability of members.
• 46-3-262. Meetings of members generally.
• 46-3-263. Notice of members' meetings.
• 46-3-264. Closing of record books and fixing of record date.
• 46-3-265. Quorum of members; adjournment of meeting by majority of members represented at meeting.
• 46-3-266. Voting by members generally.
• 46-3-267. Effect of voting requirements provided for in articles of incorporation or bylaws.
• 46-3-268. Voting by proxy generally.
• 46-3-269. Dissenters' rights.
• 46-3-270. Credentials and elections committee.
• 46-3-271. Maintenance of books and records of account; inspection of books and records by members; preparation of annual financial statements.
• 46-3-272. Derivative actions by members.

Part 6 DIRECTORS AND OFFICERS.

• 46-3-290. Management of business and affairs of electric membership corporation by board of directors; knowledge of limitations on directors' authority required; qualifications; compensation and reimbursement for expenses.
• 46-3-291. Number of directors; statement of names and addresses of initial directors in articles of incorporation; duration of director's service in office.
• 46-3-292. Provisional director.
• 46-3-293. Classification of directors; division of service territory into districts.
• 46-3-294. Vacancies on board of directors generally.
• 46-3-295. Removal of directors.
• 46-3-296. Quorum of directors; action by majority vote; conducting of meetings of board or committees by conference calls.
• 46-3-297. Executive committee and other committees.
• 46-3-298. Place, time, and notice of directors' meetings; waiver of notice; adjournment of meetings; notice of adjournment; manner of calling meetings.
• 46-3-299. Action by directors without a meeting.
• 46-3-300. Dissent by a director.
• 46-3-301. Election or appointment of officers generally.
• 46-3-302. Removal of officers; filling of vacancies.
• 46-3-303. Duty of directors and officers to act in good faith and with due diligence, care, and skill; reliance on financial information prepared by others.
• 46-3-303.1. Standard of care for directors and officers in discharge of duties on or after July 1, 1988; reliance upon financial information.
• 46-3-304. Actions against directors and officers.
• 46-3-305. Interested directors and officers.
• 46-3-306. Indemnification of officers, directors, employees, and agents; purchase and maintenance of liability insurance; notice to members of payment of indemnification.

Part 7 ORGANIZATION OF ELECTRIC MEMBERSHIP CORPORATIONS.

• 46-3-320. Number of incorporators; age requirement.
• 46-3-321. Signing of articles of incorporation; contents of articles of incorporation.
• 46-3-322. Filing articles of incorporation; issuance of certificate of incorporation; forwarding of copy of certificate to clerk of superior court; rejection of articles of incorporation; publication of notice; commencement of corporate existence.
• 46-3-323. Effect of issuance of certificate of incorporation.
• 46-3-324. Organization meeting of directors.
• 46-3-325. Adoption of initial bylaws; authority to alter, amend, repeal, or adopt new bylaws; contents of bylaws generally.
• 46-3-326. Adoption of bylaws for emergency conditions; emergency powers of board of directors generally.

Part 8 OPERATION OF ELECTRIC MEMBERSHIP CORPORATIONS GENERALLY.

• 46-3-340. Nonprofit operation of electric membership corporations required; rates and fees to cover costs of operation and interest payments and for maintaining reserves; bylaw provisions concerning revenues, assets, and member classification.
• 46-3-341. Return of revenues upon death of member.

Part 9 Amendment and Restatement of

Articles of Incorporation of Electric Membership

Corporations. Part 10

• 46-3-360. Right of electric membership corporation to amend articles of incorporation.
• 46-3-361. Procedure to amend articles of incorporation generally.
• 46-3-362. Manner of execution of articles of amendment; contents of articles of amendment.
• 46-3-363. Obtaining of certificate from Secretary of State upon amendment of name of electric membership corporation; filing articles of amendment; issuance of certificate of amendment; forwarding of copy of certificate to superior court; rejection of articles of amendment; publication of notice.
• 46-3-364. Time of effectiveness of amendment; effect of amendment on pending causes of action.
• 46-3-365. Restated articles of incorporation.

Mergers and Consolidations Involv- ing Electric Membership Corpora-

tions and Foreign Electric Cooperatives.

• 46-3-380. Procedure for merger generally.
• 46-3-381. Procedure for consolidation generally.
• 46-3-382. Approval of merger or consolidation plan by members.
• 46-3-383. Contents of articles of merger or articles of consolidation; obtaining of certificate from Secretary of State upon use of new name; procedures involving filing, issuance, rejection, and publication of articles of merger or articles of consolidation.
• 46-3-384. Effect of merger or consolidation.
• 46-3-385. Merger or consolidation of electric membership corporations and foreign electric cooperatives.

Part 11 SALE AND OTHER DISPOSITION OF CORPORATE ASSETS.

• 46-3-400. Secured transactions and other dispositions of assets not requiring member approval.
• 46-3-401. Sale, lease, exchange, or other disposition of corporate assets requiring member approval.

Part 12 DISSOLUTION OF ELECTRIC MEMBERSHIP CORPORATIONS.

• 46-3-420. Commencement of proceedings for voluntary dissolution of an electric membership corporation generally.
• 46-3-421. Filing of statement of intent to dissolve with Secretary of State and state revenue commissioner.
• 46-3-422. Effect of filing of statement of intent to dissolve.
• 46-3-423. Procedure after filing statement of intent to dissolve.
• 46-3-424. Revocation of voluntary dissolution proceedings by electric membership corporation.
• 46-3-425. Filing of statement of revocation of voluntary dissolution proceedings with Secretary of State.
• 46-3-426. Effect of filing of statement of revocation of voluntary dissolution proceedings.
• 46-3-427. Execution of articles of dissolution; contents of articles of dissolution.
• 46-3-428. Filing of articles of dissolution with Secretary of State; procedure involving filing, issuance, and rejection of certificate of dissolution; time of cessation of existence of electric membership corporation.
• 46-3-429. Commencement of actions for involuntary dissolution of electric membership corporations by superior courts.
• 46-3-430. Venue and service of process in action for involuntary dissolution.
• 46-3-431. Jurisdiction of court to liquidate assets and business of electric membership corporation.
• 46-3-432. Procedure in liquidation of electric membership corporation by court.
• 46-3-433. Qualification of receivers; giving of bond.
• 46-3-434. Filing of claims in liquidation proceedings; effect of failure to file claims.
• 46-3-435. Discontinuance of liquidation proceedings.
• 46-3-436. Entry of decree of involuntary dissolution; time of cessation of existence of electric membership corporation.
• 46-3-437. Filing of decree of involuntary dissolution; giving of notice of entry of decree.
• 46-3-438. Deposit with Office of the State Treasurer of amount due unknown, disabled, or unlocatable creditors or members; disposition of unclaimed amounts; time limitation.
• 46-3-439. Survival of remedy after dissolution.
• 46-3-440. Revival of electric membership corporation after dissolution by expiration of period of duration.

Part 13 Powers and Duties of Foreign

Electric Cooperatives Transacting Business

in State Generally. Part 14

• 46-3-450. Requirement of obtaining certificate of authority by foreign electric cooperative; applicability of state laws generally; acts not constituting transaction of business in this state.
• 46-3-451. Powers of foreign electric cooperatives under certificate of authority generally.
• 46-3-452. Name of foreign electric cooperative.
• 46-3-453. Change of name by foreign electric cooperative.
• 46-3-454. Contents of application for certificate of authority; submission of consent to appointment as registered agent; execution of application by officers of foreign electric cooperative.
• 46-3-455. Filing of application for certificate of authority; issuance of certificate of authority by Secretary of State.
• 46-3-456. Effect of certificate of authority.
• 46-3-457. Designation of registered office and registered agent of foreign electric cooperative; maintenance by Secretary of State of offices and agents; consent to appointment as agent.
• 46-3-458. Change of registered office or registered agent of foreign electric cooperative.
• 46-3-459. Service of process on foreign electric cooperative authorized to transact business in this state.
• 46-3-460. Filing of amendment to articles of incorporation of foreign electric cooperative.
• 46-3-461. Effect of merger whereby foreign electric cooperative is surviving entity.
• 46-3-462. Amending of certificate of authority.
• 46-3-463. Contents of application for withdrawal; execution of application and attestation by officers; obtaining of certificate from state revenue commissioner.
• 46-3-464. Filing of application for withdrawal; issuance of certificate of withdrawal; time of cessation of authority to transact business.
• 46-3-465. Effect of termination of existence of foreign electric cooperative.
• 46-3-466. Grounds for revocation of certificate of authority; giving notice of revocation.
• 46-3-467. Issuance of certificate of revocation; time of cessation of authority to transact business.
• 46-3-468. Application for reinstatement of certificate of authority.
• 46-3-469. Transacting business without certificate of authority.

• 46-3-480. Requirement of annual reports by electric membership corporation and foreign electric cooperative.
• 46-3-481. Filing of annual reports; correction of reports.

Part 15 FEES AND CHARGES.

• 46-3-500. Authority of Secretary of State to charge and collect fees generally.
• 46-3-501. Fees for filing documents and issuing certificates.
• 46-3-502. Fees for furnishing certified copies of documents, instruments, and papers and for furnishing a certificate of search or a certificate of good standing.
• 46-3-503. Fees for advertising.

Part 16 PROVISIONS RELATING TO THE SECRETARY OF STATE.

• 46-3-520. Powers of Secretary of State generally.
• 46-3-521. Propounding of interrogatories by Secretary of State.
• 46-3-522. Disclosure of facts and information obtained from interrogatories.
• 46-3-523. Notification of actions taken by Secretary of State; appeal of Secretary of State's decision to superior court; appeal by foreign electric cooperative whose certificate is revoked; appeal of decision of superior court.

Part 17 PENALTIES.

• 46-3-540. Civil penalties for actions or omissions by electric membership corporations and foreign electric cooperatives.
• 46-3-541. Civil and criminal penalties for actions or omissions by officers and directors of electric membership corporations and foreign electric cooperatives.

• 46-3A-1. Definitions.
• 46-3A-2. Filing and approval of an integrated resource plan.
• 46-3A-3. Actions prohibited without a certificate of public convenience and necessity.
• 46-3A-4. Issuance of a certificate of public convenience and necessity; application to include plan and cost-benefit analysis.
• 46-3A-5. Application for certificate; hearing; decision; contents of certificate; fee.
• 46-3A-6. Reexamination of a certificate of public convenience and necessity; modification or revocation.
• 46-3A-7. Construction costs as part of rate base; review of construction work in progress; verification of expenditures; recovery of costs of canceled construction.
• 46-3A-8. Recovery of actual cost of certificated long-term power purchase.
• 46-3A-9. Recovery of actual cost of certificated demand-side capacity option.
• 46-3A-10. Effect on rates of changed revenues and risks; basis and effect of commission decision.
• 46-3A-11. Inapplicability of chapter to providers whose rates not fixed by commission.

Chapter 4. Distribution, Storage, and Sale of Gas, 46-4-1 through 46-4-166.

Article 1 General Provisions.

• 46-4-1. Bringing of actions by commission to enjoin violations of rules, orders, or regulations established for safe installation and operation of natural gas facilities.

Article 2 Intrastate Pipelines and Distribution Systems.

• 46-4-20. "Person" defined.
• 46-4-21. Certificate of public convenience and necessity required by persons constructing or operating gas pipeline or distribution systems for transportation, distribution, or sale of gas; distribution systems in operation before February 17, 1956; jurisdiction of commission generally.
• 46-4-22. Determination by commission of manner and form of application for certificate of public convenience and necessity; giving of notice of receipt of application.
• 46-4-23. Power of commission to issue or deny certificate.
• 46-4-24. Application for certificate by persons engaged in constructing or operating gas pipeline or distribution system or extension thereof as of February 17, 1956.
• 46-4-25. Factors to be considered by commission in granting certificates.
• 46-4-26. Filing with commission complaints regarding persons operating without certificate; cease and desist order by commission; hearing; final order of commission.
• 46-4-27. Unreasonable interference with existing pipeline or distribution systems or service by persons constructing or extending pipeline or distribution systems.
• 46-4-28. Suspension, revocation, alteration, or amendment of certificates by commission.
• 46-4-29. Transfer and hypothecation of certificates.
• 46-4-30. Jurisdiction of commission over controversies as to extensions of gas distribution service; factors to be considered by commission in resolving controversies.
• 46-4-31. Adoption by commission of rules and orders to enforce article.
• 46-4-32. Applicability of article to liquefied petroleum gas sold in liquid form under pressure.
• 46-4-33. Applicability of certificate requirements under article generally.
• 46-4-34. Injunctions.
• 46-4-35. Civil penalty.

Article 3 Underground Storage of Gas.

• 46-4-50. Short title.
• 46-4-51. Definitions.
• 46-4-52. Declaration of public purpose.
• 46-4-53. Application to commission by gas utility for order approving utilization or operation of underground reservoir; hearing on application generally; giving notice of hearing.
• 46-4-54. Investigation by state geologist of site of proposed storage project; procedures involving state geologist; investigation of proposed storage project by director of Environmental Protection Division; procedures involving director; investigation of proposed storage project by commission.
• 46-4-55. Receipt and recording of evidence at hearing on application; order of commission approving or disapproving underground storage project.
• 46-4-56. Judicial review of commission's order.
• 46-4-57. Exercise of right of eminent domain by gas utilities.
• 46-4-58. Determination of ownership of gas injected into underground storage reservoir; protection of rights of owners of other interests in the land.
• 46-4-59. Effect of abandonment of reservoir by gas utility; evidence of abandonment; approval of abandonment by commission.
• 46-4-60. Adoption by Board of Natural Resources of rules and regulations governing construction, installation, utilization, and operation of underground reservoirs and stations, wells, fixtures, and other facilities; enforcement of rules and regulations; inspection and examination.
• 46-4-61. Adoption by commission of rules, regulations, and orders necessary for enforcement and administration of article; enforcement by injunction, mandamus, and other relief.
• 46-4-62. Effect of article on authority of Department of Natural Resources.

Article 4 Municipal Gas Authority of Georgia.

• 46-4-80. Legislative findings; declaration of need.
• 46-4-81. Definitions.
• 46-4-82. Creation of authority; principal office; legal situs.
• 46-4-83. Membership election committee; election of members of the authority.
• 46-4-84. Authority members - Representation of political subdivisions; eligibility of election committee members; successive terms.
• 46-4-85. Authority members - Terms of office.
• 46-4-86. Election committee members.
• 46-4-87. Weighted vote of election committee members; quorum for election committee.
• 46-4-88. Vacancies in membership of authority.
• 46-4-89. Officers.
• 46-4-90. Quorum; majority vote.
• 46-4-91. Annual and special meetings.
• 46-4-92. Compensation; expenses; personnel.
• 46-4-93. Removal of authority members from office.
• 46-4-94. Records required.
• 46-4-95. Purpose.
• 46-4-96. Powers.
• 46-4-97. Not for profit operation.
• 46-4-98. Public purpose; tax exemption; payments in lieu of taxes.
• 46-4-99. Contracts with political subdivisions.
• 46-4-100. Applicability of article to entities with gas distribution systems.
• 46-4-101. Enabling resolution; issuance of revenue bonds; petition for judicial validation; fees; federal tax implications.
• 46-4-102. Necessary parties to revenue bonds validation petition; intervention by citizens; adjudication.
• 46-4-103. Failure of district attorney to file revenue bonds validation petition.
• 46-4-104. Bonds as legal investments.
• 46-4-105. Pledge of revenue to retire bonds.
• 46-4-106. Trust agreement or indenture to secure bonds.
• 46-4-107. Proceeds of bonds.
• 46-4-108. Lost, stolen, or mutilated bond certificates.
• 46-4-109. Interest on bonds after due date.
• 46-4-110. Cancellation or destruction of retired bonds.
• 46-4-111. Records of bond and note transactions required.
• 46-4-112. Paying agents.
• 46-4-113. Bond anticipation notes.
• 46-4-114. Negotiability of bonds.
• 46-4-115. Liability of authority members, political subdivisions, and state.
• 46-4-116. Impairment of contracts.
• 46-4-117. Appointment of receiver upon default.
• 46-4-118. Charges for use of facilities or services.
• 46-4-119. Revenues held in trust for bondholders.
• 46-4-120. Annual audit.
• 46-4-121. Jurisdiction for rights protection or enforcement actions.
• 46-4-122. Exemption from regulation by Public Service Commission.
• 46-4-123. Conduct of meetings; records.
• 46-4-124. Effect of other laws.
• 46-4-125. Liberal construction.

Article 5 Natural Gas Competition and Deregulation.

• 46-4-150. Short title.
• 46-4-151. Legislative findings and intent; bill of rights for consumers.
• 46-4-152. Definitions.
• 46-4-153. Certificates of authority.
• 46-4-153.1. Certificates of authority for EMC gas affiliates; terms and conditions; requirements.
• 46-4-154. Notice of election; unbundling; rates; application requirements; surcharge on interruptibles.
• 46-4-155. Regulation of unbundled services; peaking service; customer services; interstate capacity assets.
• 46-4-156. Customer assignment methodology; commission determination of adequate market conditions and effect of such determination; lost and unaccounted for gas; notice to customers; petition proceedings; change of marketers; deposit.
• 46-4-157. Temporary directives.
• 46-4-158. Obligations of an electing distribution company; conditions.
• 46-4-158.1. Rules and regulations; reporting on service quality; noncompliance with service quality standards; third party forecasting; independent auditors; gas held in storage for marketer.
• 46-4-158.2. Rules governing marketer's terms of service.
• 46-4-158.3. Adequate and accurate consumer information disclosure statements; bills.
• 46-4-158.4. Authority to establish minimum standards for nonresidential customers.
• 46-4-158.5. Continuing review by commission.
• 46-4-159. Standards of conduct for electing distribution companies; response to complaints.
• 46-4-160. Commission's authority over certificated marketers; access to records; investigations and hearings; price summary; billing; violations; slamming.
• 46-4-160.1. Dispute resolution between marketer and retail customer; reporting to credit bureaus.
• 46-4-160.2. Requirements of marketer for billing errors; requiring written request for credit or refund prohibited.
• 46-4-160.3. Voluntary contributions for low-income residential customers.
• 46-4-160.4. Natural Gas Consumer Education Advisory Board; membership; responsibilities [Repealed].
• 46-4-160.5. Retail customer recovery for violations.
• 46-4-161. Universal service fund.
• 46-4-162. Commission's authority to approve certain pilot programs.
• 46-4-163. Special or negotiated contracts valid.
• 46-4-164. Construction of article; electric membership corporations and EMC gas affiliates; liquefied petroleum gas.
• 46-4-165. Annual reports.
• 46-4-166. Selection by proposal of regulated provider to service low-income residential consumers and certain firm natural gas consumers; rates; annual review.

• 46-4A-1. Short title.
• 46-4A-2. Legislative findings; declaration of policy.
• 46-4A-3. Definitions.
• 46-4A-4. Powers and duties of director generally.
• 46-4A-5. Inspections and investigations by director; enforcement of chapter by director.
• 46-4A-6. Proceedings before the director.
• 46-4A-7. Injunctions, restraining orders, and other orders.
• 46-4A-8. Commencement and conducting of hearings in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
• 46-4A-9. Judicial review.
• 46-4A-10. Duty of Attorney General to represent director in actions.
• 46-4A-11. Scope of director's authority to administer chapter relative to federal law.
• 46-4A-12. Construction of chapter.
• 46-4A-13. Failure of covered utility to comply with chapter and rules and regulations.
• 46-4A-14. Civil penalties; removal of contractor, supplier, or lender from master record.

Chapter 5. Telephone Service, 46-5-1 through 46-5-252.

Article 1 General Provisions.

• 46-5-1. Exercise of power of eminent domain by telephone companies; placement of posts and other fixtures; regulation of construction of fixtures, posts, and wires near railroad tracks; liability of telephone companies for damages; required information; due compensation.
• 46-5-2. Avoiding or attempting to avoid charges for use of telecommunication service; penalties; computation of damages.
• 46-5-3. Making, possessing, selling, allowing use of, or publishing assembly plans for devices, equipment, or apparatus for committing theft of telecommunications service, or for concealing origin or destination of any telecommunication; compensatory damages.
• 46-5-4. Seizure and disposal of devices, equipment, or any plan or instruction used for committing theft of telecommunications service.
• 46-5-5. Inclusion of local exchanges 495 and 567 in area code 404.
• 46-5-6. Exclusive power and authority of the Public Service Commission to prescribe rules and regulations regarding public pay telephones.
• 46-5-7. Plan to ensure confidentiality of family violence shelters' addresses and locations.
• 46-5-8. Termination of wireless communications service contracts by service members.

Article 2 Telephone Service.

Part 1 GENERAL PROVISIONS.

• 46-5-20. Judicial proceedings for disconnection and removal of illegally used telephone facilities; liability of telephone companies for complying with order of disconnection and removal.
• 46-5-21. Using telephone communications for obscene, threatening, or harassing purposes.
• 46-5-22. Using telephone communications for obscene comments, requests, or suggestions; injunction; recorded commercial message.
• 46-5-23. Use of automatic dialing and recorded message (ADAD) equipment.
• 46-5-24. Use of certain telephone numbers by ADAD equipment prohibited.
• 46-5-25. Transmission of unsolicited commercial facsimile messages.
• 46-5-26. Access to live telephone operator.
• 46-5-27. Telephone solicitations to residential, mobile, or wireless subscribers; Public Service Commission to establish and maintain list of certain subscribers; authorization for imposition of administrative fees; confidential nature of data base; required identification.
• 46-5-28. Consent required for inclusion of subscribers' names or dialing numbers in a wireless telephone data base or a traditional telephone directory; exceptions; disclosure of wireless numbers to telemarketers prohibited; violations; immunity of service suppliers for authorized disclosures.

Part 1A Telephone System for the

Physically Impaired. Part 2

• 46-5-30. Establishment, administration, and operation of state-wide dual party relay service and audible universal information access service.
• 46-5-31. Rates and charges; surcharge not includable in gross receipts subject to franchise tax.

Construction and Operation of Lines, Plants, or Systems Generally.

• 46-5-40. "Person" defined.
• 46-5-41. Obtaining of certificate of public convenience and necessity for construction, operation, acquisition, or extension of telephone lines, plants, or systems.
• 46-5-42. Interference with existing telephone lines, plants, or systems by person constructing or extending a telephone line, plant, or system.
• 46-5-43. Prescription by commission of rules and regulations as to application for certificate of public convenience and necessity; giving notice of receipt of application.
• 46-5-44. Power of commission to issue or deny certificate.
• 46-5-45. Filing complaints with commission regarding persons constructing, operating, or acquiring telephone line, plant, or system without certificate.
• 46-5-46. Granting of certificates to persons engaged in construction or operation of telephone line, plant, or system as of February 17, 1950 [Repealed].

Part 3 RURAL TELEPHONE COOPERATIVES.

• 46-5-60. Short title.
• 46-5-61. Declaration of purpose.
• 46-5-62. Definitions.
• 46-5-63. Powers of cooperatives generally.
• 46-5-64. Power of superior court to create cooperatives, to approve amendments to their articles of incorporation, conversion, consolidation, merger, or dissolution.
• 46-5-64.1. Venue determinations.
• 46-5-65. Names of cooperatives.
• 46-5-66. Incorporators.
• 46-5-67. Contents of articles of incorporation; signing and acknowledgment; recitation of purpose and powers; statements regarding issuance of nonvoting shares of stock.
• 46-5-68. Presentation of articles of incorporation to superior court for approval; accompaniment of articles by Secretary of State's certificate and by required affidavits.
• 46-5-69. Approval of articles by judicial order; application as constituting charter of cooperative.
• 46-5-70. Filing of articles with clerk of court.
• 46-5-71. Submittal to clerk of publisher's affidavit.
• 46-5-72. Time of advertisement of articles; appearance of advertisements prior to granting of charter.
• 46-5-73. Duty of clerk to deliver to applicants certified copies of articles and of order thereon.
• 46-5-74. Filing of copies of articles and order with Secretary of State; payment of fee.
• 46-5-75. Certificate of Secretary of State.
• 46-5-76. Certified copies of charter and Secretary of State's certificate as evidence of incorporation of cooperative and of nature and contents of charter.
• 46-5-77. Time of corporate existence of cooperative.
• 46-5-78. Bylaws of cooperative generally.
• 46-5-79. Qualifications for membership in cooperative; certificate of membership; share certificates; payment for shares of stock.
• 46-5-80. Meetings of members - Generally.
• 46-5-81. Meetings of members - Waiver of notice.
• 46-5-82. Board of directors.
• 46-5-83. Division of service territory into districts; election of district delegates; boundaries of districts; voting by members at district meetings and by district delegates at any meeting.
• 46-5-84. Officers of cooperative.
• 46-5-85. Amendment of articles of incorporation.
• 46-5-86. Change of location of principal office.
• 46-5-87. Consolidation of cooperatives.
• 46-5-88. Merger of cooperatives.
• 46-5-89. Effect of consolidation or merger.
• 46-5-90. Conversion of telephone corporation into a cooperative; consolidation of telephone corporations into a cooperative.
• 46-5-91. Dissolution of cooperatives.
• 46-5-92. Operation of cooperatives on nonprofit basis; contents of bylaws and of contracts with members and patrons regarding nonprofit operation.
• 46-5-92.1. Payment of revenues; priority of payments.
• 46-5-93. Pledging or encumbering of property, assets, rights, and privileges of cooperative by board of directors to secure indebtedness to federal government; tax exemption for mortgages and deeds of trust; sale, pledge, or encumbrance of property.
• 46-5-94. Liability of members and shareholders for debts of cooperative.
• 46-5-95. Effect of recordation of mortgage, deed of trust, or other instrument of real and personal property of cooperative.
• 46-5-96. Construction standards.
• 46-5-97. Limitation of actions.
• 46-5-98. Taking of acknowledgments by officers, trustees, members, or shareholders of cooperatives.
• 46-5-99. Extension of telephone service into state by foreign nonprofit or cooperative corporations; Secretary of State as agent for foreign corporations; rights and powers of foreign corporations.
• 46-5-100. Fees.
• 46-5-101. Annual license fee; exemption of cooperatives from taxation.
• 46-5-102. Interconnection of lines, facilities, or systems of cooperatives and other telephone companies.
• 46-5-103. Jurisdiction of commission.
• 46-5-104. Applicability of Chapter 5 of Title 10.
• 46-5-105. Construction of part.

Part 4 Emergency Telephone Number

9-1-1 System. Article 3

• 46-5-120. Short title.
• 46-5-121. Legislative intent.
• 46-5-122. (For effective date, see note.) Definitions.
• 46-5-123. (Repealed and reserved effective January 1, 2019) Creation of 9-1-1 Advisory Committee; selection of members; filling of vacancies; organization; roles and responsibilities.
• 46-5-124. (For effective date, see note.) Guidelines for implementing state-wide emergency 9-1-1 system; training and equipment standards.
• 46-5-124.1. (For effective date, see note.) Service suppliers or Voice over Internet Protocol service suppliers must register certain information with the authority; updating information; compliance; notices of deficiency or noncompliance.
• 46-5-125. Formation of multijurisdictional and regional 9-1-1 systems.
• 46-5-126. (For effective date, see note.) Cooperation by commission and telephone industry.
• 46-5-127. (For effective date, see note.) Approval of 9-1-1 systems by agency; written confirmation by authority required for 9-1-1 systems established on or after January 1, 2019.
• 46-5-128. (For effective date, see note.) Cooperation by public agencies.
• 46-5-129. (For effective date, see note.) Use of 9-1-1 emblem.
• 46-5-130. (For effective date, see note.) Federal assistance.
• 46-5-131. (For effective date, see note.) Exemptions from liability in operation of 9-1-1 system.
• 46-5-132. Fees by service supplier.
• 46-5-133. Authority of local government to adopt resolution to impose monthly 9-1-1 charge.
• 46-5-134. (For effective date, see note.) Billing of subscribers; liability of subscriber for service charge; taxes on service; establishment of Emergency Telephone System Fund; cost recovery fee; records; use of funds.
• 46-5-134.1. (For effective date, see note.) Counties where the governing bodies of more than one local government have adopted a resolution to impose an enhanced 9-1-1 charge.
• 46-5-134.2. (For effective date, see note.) Prepaid wireless 9-1-1 charge; definitions; imposition of fee by localities; collection and remission of charges; distribution of funds.
• 46-5-135. Liability of service supplier in civil action.
• 46-5-136. Authority of local government to create advisory board.
• 46-5-137. Powers of Public Service Commission not affected.
• 46-5-138. Joint authorities.
• 46-5-138.1. Guidelines pertaining to additional charges involving contracts between two or more counties.
• 46-5-138.2. "Director" defined; training and instruction.
• 46-5-139. Joint Study Committee on Wireless Enhanced 9-1-1 Charges [Repealed].

Telegraph Service [Repealed]. Article 4

• 46-5-140 through 46-5-149 [Repealed].

Telecommunications and Competition Development. Article 5

• 46-5-160. Short title.
• 46-5-161. Legislative findings; intent.
• 46-5-162. Definitions.
• 46-5-163. Certificates of authority.
• 46-5-164. Interconnection among certificated local exchange companies.
• 46-5-165. Alternative regulation of rates, terms, and conditions.
• 46-5-166. Rates for switched access.
• 46-5-167. Universal Access Fund.
• 46-5-168. Jurisdiction and authority of commission.
• 46-5-169. Company obligations associated with alternative regulation.
• 46-5-170. Access to local telephone numbering resources and assignments.
• 46-5-171. Local call charges based on duration or time of call prohibited.
• 46-5-171.1. Written authorization required by customer prior to being charged for service initiated by a third party.
• 46-5-172. Annual report of Tier 1 company's investment commitment.
• 46-5-173. Unpublished telephone identification.
• 46-5-174. Commission's annual report to General Assembly.

Telecommunications Marketing Act of 1998. Article 6

• 46-5-180. Short title.
• 46-5-181. Definitions.
• 46-5-182. Certification of telecommunications companies which bill for or solicit intrastate telecommunications services.
• 46-5-183. Procedures for confirmation of changes in selection of a primary local exchange or long distance carrier generated by telemarketing.
• 46-5-184. Contents of letter of agency.
• 46-5-185. Investigation and reporting requirements.
• 46-5-186. Time limit on certain actions of local exchange carrier.
• 46-5-187. Abusive telemarketing acts or practices.
• 46-5-188. Forgery or falsification prohibited.
• 46-5-189. Penalty for willful violation of article.
• 46-5-190. Factual findings by Public Service Commission.
• 46-5-191. Cause of action for damages resulting from violations of this article.
• 46-5-192. Construction.

Disclosure of Certain Customer Information. Article 7

• 46-5-210. Definitions.
• 46-5-211. Consent of end user required for release of telephone records; law enforcement exception.
• 46-5-212. Security certification required.
• 46-5-213. Circumstances to which this article not applicable.
• 46-5-214. Action in event of telephone record security breach; notification to Georgia residents; law enforcement exception; violations shall be unfair or deceptive practice in consumer transactions.

Competitive Emerging Communications Technologies. Article 8

• 46-5-220. Short title.
• 46-5-221. Definitions.
• 46-5-222. Commission has no authority over setting of rates or terms and conditions for the offering of broadband service, voice over Internet protocol, or wireless service; limitations.

Telephone Records Protection. Article 9

• 46-5-230. Short title.
• 46-5-231. Definitions.
• 46-5-232. Penalties.
• 46-5-233. Article not to be construed so as to prevent certain law enforcement actions.
• 46-5-234. Other circumstances to which this article not applicable.
• 46-5-235. No private right of action created.

Retail Telecommunications Services. Cross references. - Limitation on powers as to corporations, Ga. Const. 1983, Art. III, Sec. VI, Para. V and Ch. 4, T. 14.

• 46-5-250. Retail telecommunications service defined.
• 46-5-251. Authority of Public Service Commission limited.
• 46-5-252. Prohibition against passing cost of compliance on to consumers.

Chapter 8. Railroad Companies, 46-8-1 through 46-8-382.

Article 1 General Provisions [Repealed].

• 46-8-1 through 46-8-4 [Repealed].

Article 2 Powers and Duties of Commission

as to Railroad Companies Generally.

• 46-8-20. Exclusive power of commission to determine just and reasonable rates and charges; establishing rates and tariffs generally; locating of depots and construction of freight and passenger buildings.
• 46-8-21. Powers of commission regarding railroads generally.
• 46-8-22. Investigation by commission of books and papers of railroad companies; inspection of railroad offices and stations; examination of railroad's agents and employees; rules and regulations concerning investigations and inspections.
• 46-8-23. Prescription and enforcement by commission of rules, regulations, and orders as to receipt, transportation, and delivery of freight by railroads.
• 46-8-24. Inspection by commission of contracts and agreements between railroad companies; disapproval of agreements; inclusion in agreements of rates exceeding rates fixed by commission.
• 46-8-25. Inspection of railroads by commission; requiring repair of railroads; allotment of reasonable time for repairs; effect of Code section on liability of railroads.

Article 3 Incorporation and Consolidation

of Railroad Companies and Requirements as to

Directors and Officers.

Part 1 Incorporation, Organization,

Subscription of Capital Stock, Selection of

Officers and Directors.

• 46-8-40. Grant of corporate powers and privileges to railroad companies by Secretary of State; procedure in case of disqualification of Secretary of State.
• 46-8-41. Procedures regarding preparation of petition for incorporation; filing of petition and affidavit with Secretary of State; endorsement by Secretary of State; allowance for public inspection of petition and affidavit.
• 46-8-42. Certificate of incorporation; duration of corporate existence; fee for issuance of certificate.
• 46-8-43. Duties of Secretary of State prior to issuance of certificate of incorporation; certificate or duplicate thereof as evidence of existence of corporation and compliance with chapter.
• 46-8-44. Subscription to capital stock; par value of stock; subscription to all capital stock as prerequisite to beginning railroad construction.
• 46-8-45. Payment of subscriptions; procedure by directors in case of default by subscriber.
• 46-8-46. Procedures regarding organizational meeting; qualifications of directors; selection of officers and agents; annual election of directors; filling of vacancies on board.
• 46-8-47. Determination of directors' compensation; appointment of chairman and vice-presidents; time and place of board meetings; procedures regarding board meetings.
• 46-8-48. Creation of executive committee and other committees; powers of committees; designation of alternate members of committees; committee action by majority vote.
• 46-8-49. Action by board or committee thereof or by shareholder or committee thereof by written consent of members without meeting.
• 46-8-50. Combination of offices of corporation; election of officers by shareholders; terms of office; powers and duties of officers; authority of chairman or president as to legal proceedings.
• 46-8-51. Indemnification of persons by railroad corporation; advance of expenses; insuring against liabilities; reports of payments to shareholders; provisions eliminating or limiting liability of director.
• 46-8-52. Exemption of property of stockholders from debts or liabilities of corporation.
• 46-8-53. Procedure for issuing bonds or increasing capital stock.
• 46-8-54. Adoption of title by railroad companies incorporated, or by persons owning or operating a railroad, prior to December 17, 1892.
• 46-8-55. Standard of care for directors and officers in discharge of duties; reliance upon financial information.

Part 2 CONSOLIDATION, MERGER, SURRENDER OF FRANCHISE, AND DISSOLUTION OF COMPANIES.

• 46-8-70. Application by railroad company that company surrender its franchises and cease performing as a common carrier; hearing before commission; effect of outstanding debts on company.
• 46-8-71. Dissolution of railroad corporation generally.
• 46-8-72. Adoption of resolution for dissolution by board of directors; meeting of stockholders to consider resolution; filing of petition for dissolution with Secretary of State.
• 46-8-73. Contents of petition for dissolution; certification resolution recommending dissolution; attachment of resolution to petition; verification of petition; fee for filing petition.
• 46-8-74. Advertisement of petition for dissolution.
• 46-8-75. Transfer of copy of petition from Secretary of State to commission.
• 46-8-76. Investigation by commission of proposed dissolution; issuance of certificate approving or disapproving application for dissolution; transfer of certificate; filing of duplicate certificate; effect of disapproval.
• 46-8-77. Certification by judge of the probate court of the fact of advertisement of petition; filing of certificate with Secretary of State.
• 46-8-78. Order of Secretary of State accepting surrender of charter and franchises and dissolving corporation; recording of petition, certificate of approval, certificate of publication, and order by Secretary of State.
• 46-8-79. Effect of issuance of order of dissolution and payment of fees.
• 46-8-80. Contracts between railroad companies for merger, consolidation, lease, or purchase for purposes of connecting the roads of the companies.
• 46-8-81. Consolidation, merger, lease, or purchase of railroad companies whose roads form a continuous line; issuance of stocks and bonds by consolidated companies.
• 46-8-82. Forfeiture of powers, privileges, and certificate of incorporation for failure to construct and operate 15 miles of road within three years; extension of time for construction and operation of road.

Article 4 Powers of Companies Generally.

• 46-8-100. General powers.
• 46-8-101 through 46-8-103 [Repealed].
• 46-8-104. Power of railroad companies to cross other railroads in order to reach minerals, timber, or other materials.
• 46-8-105 through 46-8-109 [Repealed].

Article 5 Construction, Improvement, and Repair of Rail Lines, Depots, and Roads.

• 46-8-120. Powers of railroad companies generally.
• 46-8-121. Acquisition of property by companies; approval by commission as prerequisite to exercise of power of eminent domain.
• 46-8-122. Effect of Code Sections 46-8-120 and 46-8-121 on other powers and authority granted to railroad companies.
• 46-8-123. Construction of extensions and branch roads generally.
• 46-8-124. Exercise of power of eminent domain by railroad corporations generally.
• 46-8-125. Change of general direction and route of railroad [Repealed].
• 46-8-126. Relocation of highways necessitated by construction of crossings.
• 46-8-127. Regulation of distance between tracks with the same terminal points [Repealed].
• 46-8-128. Obstructions located at crossing; disrepair of crossing; removal of obstruction or repair of crossing by county upon failure of company to remove obstruction or repair crossing [Repealed].
• 46-8-129 through 46-8-132 [Repealed].
• 46-8-133. Alteration of railroad tracks, bridges, and other structures to accommodate motor vehicles.

Article 6 Operation of Trains Generally.

Part 1 EMPLOYEES ENGAGED IN OPERATION OF TRAINS GENERALLY [Repealed].

• 46-8-150 through 46-8-152 [Repealed].

Part 2 SIGNAL WHISTLES AND LIGHTS ON TRAINS [Repealed].

• 46-8-170 through 46-8-172 [Repealed].

Part 3 OPERATION OF TRAINS AT CROSSINGS.

• 46-8-190 through 46-8-193 [Repealed].
• 46-8-194. Erection and maintenance of crossbuck signs at highway grade crossings; conformance of signs to Department of Transportation standards.
• 46-8-195. Bringing of actions to compel railroad companies to post crossbuck signs.
• 46-8-196. Use of standard signs for highway crossings and for advertising or other purposes; mutilation, destruction, and defacement of standard signs; removal of unauthorized signs by county authorities.
• 46-8-197. Legal responsibility of member of train crew, yard crew, or engine crew for occupying or blocking street, road, or highway grade crossing pursuant to employer's order.
• 46-8-198. Erection and placement of signboards to warn of drawbridges, grade crossings, and stations at which there is a switch [Repealed].

Part 4 INJURY TO LIVESTOCK AND OTHER PROPERTY [Repealed].

• 46-8-210 through 46-8-212 [Repealed].

Article 7 Special Officers for Protection of Railroad Property.

• 46-8-230. Appointment of officers by Governor; power of arrest; source of compensation.
• 46-8-231. Powers, duties, and responsibilities of officers generally.
• 46-8-232. Qualifications of officers; posting of bond; duration of appointment and commission; filing notice of termination by corporation; revocation of appointment and commission.
• 46-8-233. Return of processes to county of origin.

Article 8 Liens Against Companies Generally.

• 46-8-250 through 46-8-254 [Repealed].

Article 9 Leases and Conditional Sales of Rolling Stock [Repealed].

• 46-8-270 through 46-8-272 [Repealed].

Article 10 Liability of Companies for Damages Generally.

• 46-8-290. Liability of railroad companies and their officers, agents, and employees for injuries to individuals and for damage or destruction of property generally.
• 46-8-291. Consent and contributory negligence as defenses; comparative negligence as affecting amount of recovery.
• 46-8-292. Proof of injury from running of train as prima-facie evidence of lack of reasonable skill and care.

Article 11 Venue and Service of Process for Actions Against Railroad Companies.

• 46-8-310. Venue for actions against lessee or possessor of railroad.
• 46-8-311. Manner of service of process on lessee of railroad.
• 46-8-312. Service of process on lessor railroad company, generally.
• 46-8-313. Manner of service where address of president of company unknown.
• 46-8-314. Venue and service of process in actions against receivers, trustees, and other officers of railroad companies; obtaining leave to sue.

Article 12 Street, Suburban, and Interurban Railroads.

• 46-8-330. "Interurban railroads" defined.
• 46-8-331. Incorporation, control, and management of interurban, suburban, and street railroads.
• 46-8-332. Power of street, suburban, or interurban railroad corporation to increase capital stock; manner of increase.
• 46-8-333. Use of electricity, gasoline, or gas by street, suburban, and interurban railroads; operation of gas and electric plants, generation and furnishing of gas and electricity by railroads.
• 46-8-334. Purchase, mortgage, transfer, or disposal of capital stock, bonds, or other indebtedness; acquisition of property, rights, and franchises.
• 46-8-335. Time of effectiveness of guaranty or acquisition of stock, property, and franchises; protection of rights of dissenting stockholders.
• 46-8-336. Manner of acquiring property, franchises, and rights; nature of rights and privileges of purchasing or consolidated corporation; Secretary of State's certificate as evidence of existence of corporation.
• 46-8-337. Issuance of bonds, notes, or other indebtedness by consolidated corporation; pledge of security.
• 46-8-338. Tax exemption for property and capital stock of street, suburban, or interurban railroad companies with tracks and appurtenances extended into adjoining state.
• 46-8-339. Authority of street, suburban, and interurban railroad companies to furnish steam for heating and power purposes and to lay and maintain steampipes.
• 46-8-340. Free transportation for policemen, firemen, and other members of municipal and county utility departments by street, suburban, and interurban railroad companies.
• 46-8-341. Lease and sale of roads, franchises, and property between street, suburban, and interurban railroad companies; property purchaser's liability for debts and claims against lessor or vendor.
• 46-8-342. Acquisition, sale, operation, transfer, or disposal of motor buses and trackless trolleys by street, suburban, and interurban railroad companies.
• 46-8-343. Utilization of trackless trolleys by street, suburban, or interurban railroad companies.
• 46-8-344. Sale of street, suburban, or interurban railroad and bus transportation operations by companies engaged in operating electric generating plants, generally.
• 46-8-345. Consent by municipality to sale of street, suburban, or interurban railroad and bus properties and franchises; hearing for approval of sale; filing of board resolution, resolution of municipality, and order of approval.
• 46-8-346. Effect of sale on corporate existence, powers, and liabilities of company.
• 46-8-347. Adoption of chapter by railroad companies.
• 46-8-348. Jurisdiction of commission over interurban railroads; applicability of laws pertaining to other railroad companies; existing contracts between municipalities and railroad companies; fares established by contract prior to August 16, 1921.

Article 13 Acts or Attempts Resulting in Insolvency or Judicial Seizure of a Company [Repealed].

• 46-8-360 through 46-8-365 [Repealed].

Article 14 Miscellaneous Offenses.

• 46-8-380. Intruding on railroad tracks.
• 46-8-381. Hiding on train for purpose of stealing a ride.
• 46-8-382. Neglect or refusal of officer, agent, or employee of railroad company to make and furnish report required by commission; obstructing commission.

• 46-8A-1. "Person" defined.
• 46-8A-2. Line or system permit required.
• 46-8A-3. Permit application process.
• 46-8A-4. Permit for extension of line or system.

Chapter 9. Transportation of Freight and Passengers Generally, 46-9-1 through 46-9-332.

Article 1 General Provisions.

• 46-9-1. Standard of care for carriers and common carriers; presumption of negligence by common carriers arising from loss of goods.
• 46-9-2. Power of common carrier to limit liability.
• 46-9-3. Showings required by common carrier as prerequisite to use of exceptions under Code Sections 46-9-1 and 46-9-2.
• 46-9-4. Liability of common carrier corporation for acts committed outside of scope of charter.
• 46-9-5. Limitation of actions by common carriers for recovery of charges.
• 46-9-6. Limitation of actions against carriers for recovery of overcharges; requirements regarding rates, charges, and claims for loss or damage [Repealed].
• 46-9-7. Time of accrual of actions under Code Section 46-9-5.
• 46-9-8. Requiring specific bonding company as surety.
• 46-9-9. Right of employee or surety to cancel bond; notice of cancellation.

Article 2 Establishment and Revision of Rates for Railroad Transportation.

• 46-9-20. Schedules of transportation rates for passengers and freight by railroad companies as evidence of just and reasonable nature of rates; commission to change and revise schedules periodically.
• 46-9-21. Giving notice of new and revised rate schedules; giving proof of authenticity of schedules.
• 46-9-22. Investigation by commission of through rates.
• 46-9-23. Report by commission of excessive, unreasonable, or discriminatory through rates to proper state railroad officials.
• 46-9-24. Report by commission of excessive, unreasonable, or discriminatory through rates to Interstate Commerce Commission.
• 46-9-25. Representation of commission by Attorney General.
• 46-9-26. Commission to prescribe schedule of maximum rates and charges for freight storage by railroad companies.

Article 3 Transportation and Storage of Freight and Livestock.

Part 1 DUTIES AND LIABILITIES OF CARRIERS GENERALLY.

• 46-9-40. Duty of common carriers to receive goods.
• 46-9-41. Duty of common carriers to transport and deliver goods safely and without unreasonable delay.
• 46-9-42. Effect of strike by carrier's employees on carrier's duty to transport goods.
• 46-9-43. Measure of damages for delay in delivery of goods by carrier.
• 46-9-44. Estoppel of carrier to dispute title to goods delivered to him for shipment.
• 46-9-45. Commencement and termination of carrier's responsibility for goods.
• 46-9-46. Effect of delivery to consignee at intermediate point.
• 46-9-47. Fraud on carrier as to nature and value of goods.
• 46-9-48. Adjustment and payment by common carriers of claims for loss of property or overcharge for freight; effect of failure by common carrier to adjust and pay claim.
• 46-9-49. Duty of railroad or transportation company to furnish facilities for weighing freight; measure of damages for overcharges caused by overweights or false billing.
• 46-9-50. Weighing of railroad cars by certified public weighers; manner of weighing cars.
• 46-9-51. Written application for railroad cars as prerequisite for consignors' and shippers' taking advantage of penalties or forfeitures for failure of company to supply cars.
• 46-9-52. Unjust discrimination in freight-transportation rates by common carriers generally.
• 46-9-53. Discrimination by railroad companies in applying freight-storage charges.
• 46-9-54. Making and retaining freight-storage charges in accordance with rates fixed by commission.
• 46-9-55. Remedy for persons charged excessive freight-storage rates or subjected to discrimination in application of freight-storage rates.
• 46-9-56. False billing, false weighing, or false report of weight by common carriers.
• 46-9-57. False billing or false weighing by a person who delivers property for transportation to a common carrier or for whom, as consignor or consignee, such carrier transports property.

Part 2 TRANSPORTATION OF LIVESTOCK AND DOMESTIC ANIMALS BY COMMON CARRIERS.

• 46-9-70 through 46-9-72. [Reserved].

Part 3 FURNISHING OF REFRIGERATOR CARS BY RAILROAD COMPANIES.

• 46-9-90. Duty of railroad companies to furnish refrigerator cars; filing of application for cars by shipper.
• 46-9-91. Liability of company for failure to furnish cars; written claim for damages by shipper; time of payment by company; liquidated damages.
• 46-9-92. Liability of shipper for failing or refusing to accept cars; liability of shipper for failure or refusal to pay damages upon written demand therefor.

Part 4 FREIGHT RECEIPTS, FREIGHT BILLS, AND FREIGHT LISTS.

• 46-9-110. Issuance of receipts by common carriers to persons delivering goods for transportation; contents of receipts.
• 46-9-111. Issuance by railroad companies of duplicate freight receipts to shippers; contents of receipts; delivery of freight to consignee on presentation of railroad receipt.
• 46-9-112. Contents of freight bills and freight lists.

Article 4 Transportation of Passengers.

Part 1 TRANSPORTATION BY CARRIERS GENERALLY.

• 46-9-130. Duty of common carrier to receive passengers generally.
• 46-9-131. Extent of right of carriers to refuse admittance to persons and to eject passengers.
• 46-9-132. Duty of carriers of passengers to exercise extraordinary diligence.
• 46-9-133. Duty of common carriers of passengers to furnish comfortable seats and to light and ventilate cars.
• 46-9-134. Duty of conductors or other railroad employees to assign passengers to cars and compartments; investing of conductors and railroad employees with police powers.
• 46-9-135. Duty of passengers to remain in assigned car, compartment, or seat; ejectment of passenger by conductor and railroad employees.
• 46-9-136. Carriage of baggage.
• 46-9-137. Granting of passes by common carriers to former employees and their immediate family.
• 46-9-138. Granting of annual passes by common carriers to sheriffs and their deputies.
• 46-9-139. Selling or dealing in passenger tickets by person other than authorized agent of common carrier issuing such tickets.
• 46-9-140. Duty of common carriers to redeem unused tickets and unused portions of tickets.

Part 2 TRANSPORTATION BY RAILROAD COMPANIES.

• 46-9-150. Duty of railroad companies to furnish passengers with drinking water and lights.
• 46-9-151. Duty of railroad companies to telegraph and post bulletins of delayed trains.
• 46-9-152. Duty of railroad companies to provide conductors and other employees with baggage checks; duty of conductors to check trunks and baggage.

Part 3 ISSUANCE OR SALE OF TICKETS FOR PASSAGE ON VESSELS.

• 46-9-170. Failure of person issuing or selling passenger tickets on board vessel to include country of registry on advertisement, circular, or other printed paper in regard to passage.
• 46-9-171. Contents of tickets, certificates, orders, or receipts issued as evidence of a right of passage on the high seas; required signatures on such tickets, certificates, orders, or receipts.
• 46-9-172. Penalty.

Article 5 Carriers' Liens.

• 46-9-190. Lien of carrier for fare and baggage charges.
• 46-9-191. Lien of carrier for freight charges.
• 46-9-192. Priority of carriers' liens.

Article 6 Connecting Carriers Generally.

• 46-9-210. Duty of railroad companies to put on sale and to sell tickets of connecting roads and to check baggage over such roads.
• 46-9-211. Duty of railroad companies to place their tickets for sale with connecting roads; duty to accept such tickets and to receive and transport baggage checked upon such tickets; security for tickets.
• 46-9-212. Switching off and delivering to connecting roads all cars consigned to points over or beyond the connecting roads.
• 46-9-213. Discrimination by railroad companies in freight-transportation rates charged to connecting lines and routes.
• 46-9-214. Applicability of Code Sections 46-9-212 and 46-9-213 to interstate shipments and consignments.
• 46-9-215. Duty of railroad companies to receive freight cars from connecting roads; measure of damages for failure or refusal to receive cars.
• 46-9-216. Civil penalty.

Article 7 Express Companies.

• 46-9-230. Manner of incorporation of express companies.
• 46-9-231. Organization of express companies.
• 46-9-232. Location of principal office.
• 46-9-233. Powers of express companies generally.
• 46-9-234. Venue; binding effect of judgment.
• 46-9-235. Service of process; effect of judgment.
• 46-9-236. Posting of name of president or chief officer of express company.

Article 8 Miscellaneous Offenses.

• 46-9-250. Demand or receipt by railroad companies of more than a fair and reasonable rate for transportation of passengers or freight or for transportation of railroad cars.
• 46-9-251. Unjust discrimination by railroad companies as to rates or charges for transportation of passengers or freight and for use and transportation of railroad cars.
• 46-9-252. Overcharging by officers, agents, or other employees of common carriers.
• 46-9-253. Transportation of gunpowder, dynamite, or other explosives.

Article 9 Georgia Rail Passenger Authority Law.

• 46-9-270. Short title.
• 46-9-271. Legislative purpose.
• 46-9-272. Definitions.
• 46-9-273. Powers of authority generally.
• 46-9-274. Membership of authority; filling of vacancies; disclosure of pecuniary interests; election of officers; expense allowance and travel costs.
• 46-9-275. Issuance of revenue bonds, notes, or other obligations; refunding bonds.
• 46-9-276. Authority to execute agreements or instruments; use of proceeds from sale of bonds and other obligations; issuance of subsequent obligations; bond anticipation notes; validation and form of bonds.
• 46-9-277. Public purpose of article.
• 46-9-278. Liberal construction to effect stated purpose.
• 46-9-279. Status of bonds and other obligations as constituting debt or obligation of state, county, or other political subdivisions.
• 46-9-280. Exemption of authority from taxes or assessments.
• 46-9-281. Effect of article on other authorities.

Article 9A Railway Passenger Service Corridor System.

• 46-9-290. Designated Georgia Rail Passenger Corridors.
• 46-9-291. Planning and development.

Article 10 Rapid Rail Transit Compact.

• 46-9-300. Authority of Governor to execute compact for a designated state; legislative approval of compact; text of compact.

Article 11 Southwest Georgia Railroad Excursion Authority.

• 46-9-320. Short title.
• 46-9-321. Creation; administrative assignment.
• 46-9-322. Definitions.
• 46-9-323. Powers.
• 46-9-324. Membership; civil office; chairperson; conflicts of interest; compensation.
• 46-9-325. Members accountable as trustees; records.
• 46-9-326. Revenue bonds, notes, and other obligations.
• 46-9-327. Provisions of obligations; use of proceeds; form of bonds.
• 46-9-328. Implementation of rail passenger excursion projects.
• 46-9-329. Liberal construction of provisions.
• 46-9-330. Indebtedness not obligation of state or political subdivision.
• 46-9-331. Purpose of authority's creation; tax exemption.
• 46-9-332. Authorization for rail passenger excursion projects not limited.

MISSISSIPPI-LOUISIANA-ALABAMA-GEORGIA RAPID RAIL TRANSIT COMPACT

ARTICLE I The purpose of this compact is to study the feasibility of rapid rail transit service between the States of Mississippi, Louisiana, Alabama, and Georgia and to establish a joint interstate commission to assist in this effort.

ARTICLE II This compact shall become effective immediately as to the states ratifying it whenever the States of Mississippi, Louisiana, Alabama, and Georgia have ratified it and Congress has given consent thereto. Any state not mentioned in this article which is contiguous with any member state may become a party to this compact, subject to approval by the legislature of each of the member states.

ARTICLE III The states which are parties to this compact, (referred to in this compact as "party states") do hereby establish and create a joint agency which shall be known as the Mississippi-Louisiana-Alabama-Georgia Rapid Rail Transit Commission (referred to in this compact as the "commission"). The membership of such commission shall consist of the governor of each party state, one representative each from the Mississippi Energy and Transportation Board, or its successor, the Office of Aviation and Public Transportation of the Louisiana Department of Transportation and Development, or its successor, the Alabama Department of Energy, or its successor, and the Georgia State Board of Transportation, or its successor, and five other citizens of each party state, to be appointed by the governor thereof. The appointive members of the commission shall serve for terms of four years each. Vacancies on the commission shall be filled by appointment by the governor for the unexpired portion of the term. The members of the commission shall not be compensated for service on the commission, but each of the appointed members shall be entitled to actual and reasonable expenses incurred in attending meetings, or incurred otherwise in the performance of duties as a member of the commission. The members of the commission shall hold regular quarterly meetings and such special meetings as its business may require. They shall choose annually a chairman and vice chairman from among their members, and the chairmanship shall rotate each year among the party states in order of their acceptance of this compact. The commission shall adopt rules and regulations for the transaction of its business and a record shall be kept of all its business. It shall be the duty of the commission to study the feasibility of providing interstate rapid rail transit service between the party states. Toward this end, the commission shall have power to hold hearings; to conduct studies and surveys of all problems, benefits and other matters associated with such service, and to make reports thereon; to acquire, by gift, grant or otherwise, from local, state, federal or private sources such money or property as may be provided for the proper performance of their function, and to hold and dispose of same; to cooperate with other public or private groups, whether local, state, regional or national, having an interest in such service; to formulate and execute plans and policies for emphasizing the purpose of this compact before the Congress of the United States and other appropriate officers and agencies of the United States; and to exercise such other powers as may be appropriate to enable it to accomplish its functions and duties and to carry out the purposes of this compact.

ARTICLE IV Each party state agrees that its legislature may, in its discretion, from time to time make available and pay over to the commission funds for the establishment and operation of the commission. The contribution of each party state shall be in equal amounts, if possible, but nothing in this article shall be construed as binding the legislature of either state to make an appropriation of a set amount of funds at any particular time.

ARTICLE V Nothing in this compact shall be construed so as to conflict with any existing statute, or to limit the powers of any party state, or to repeal or prevent legislation, or to affect any existing or future cooperative arrangement or relationship between any federal agency and a party state.

ARTICLE VI This compact shall continue in force and remain binding upon each party state until the legislature or governor of each or any state takes action to withdraw therefrom. However, any such withdrawal shall not become effective until six months after the date of the action taken by the legislature or governor. Notice of such action shall be given to the other party state or states by the secretary of state of the party state which takes such action.