Title 46 — Title 46
0 chapters · 434 sections in this title.
O.C.G.A. § 46-9-322 Definitions
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As used in this article, the term: (1) ‘‘Authority’’ means the public body corporate and politic created pursuant to this article. (2) ‘‘Cost of the project’’ or ‘‘cost of any project’’ means and shall include: All costs of acquisition, by purchase or otherwise, construction, ass…
O.C.G.A. § 46-9-323 Powers
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The authority shall have all of the powers necessary, proper, and convenient to carry out and effectuate the purposes and provisions of this article. The powers enumerated in this Code section are cumulative of and in addition to each other and other powers granted elsewhere in t…
O.C.G.A. § 46-9-324 Membership; civil office; chairperson; conflicts of interest; compensation
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(a) The authority shall be composed of members appointed by governing authorities of counties and municipalities within the service area as provided by this subsection. The governing authorities of the Counties of Crisp and Sumter and the municipalities of Americus, Cordele, Lesl…
O.C.G.A. § 46-9-325 Members accountable as trustees; records
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The members of the authority shall be accountable in all respects as trustees. The authority shall keep suitable and proper books and records of all receipts, income, and expenditures of every kind and shall submit for inspection all of the books, together with a proper statement…
O.C.G.A. § 46-9-326 Revenue bonds, notes, and other obligations
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Revenue bonds, notes, or other obligations issued by the authority shall be paid solely from the property, including, but not limited to, real 884 Page: 885 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 21:2:59 0000 42051-21 (QS) GA 04 RV34 -- 3rd RUN 46-…
O.C.G.A. § 46-9-327 Provisions of obligations; use of proceeds; form of bonds
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(a) Subject to the limitations and procedures provided by this Code section, the agreements or instruments executed by the authority may contain such provisions not inconsistent with law as shall be determined by the members of the authority. (b) The proceeds derived from the sal…
O.C.G.A. § 46-9-328 Implementation of rail passenger excursion projects
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The implementation of rail passenger excursion projects within the service area develops and promotes, for the public good and general welfare, trade, commerce, tourism, industry, and employment opportunities and promotes the general welfare of the state by creating a climate fav…
O.C.G.A. § 46-9-329 Liberal construction of provisions
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The provisions of this article shall be liberally construed to effect its stated purpose. The offer, sale, or issuance of bonds, notes, or other obligations by the authority shall not be subject to regulation under the Georgia laws regulating the sale of securities, as heretofore…
O.C.G.A. § 46-9-330 Indebtedness not obligation of state or political subdivision
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No bonds, notes, or other obligations of and no indebtedness incurred by the authority shall constitute an indebtedness or obligation of the State of Georgia or any county, municipal corporation, or political subdivision thereof nor shall any act of the authority in any manner co…
O.C.G.A. § 46-9-331 Purpose of authority’s creation; tax exemption
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The authority is created for nonprofit and public purposes; and it is found, determined, and declared that the creation of the authority and the carrying out of its corporate purpose is in all respects for the benefit of the people of the state, that the authority is an instituti…
O.C.G.A. § 46-9-332 Cross references
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— Powers and duties of Department of Transportation relating to mass transportation, Ch. 9, T. 32. 785 Short title. Creation; administrative assignment. Definitions. Powers. Membership; civil office; chairperson; conflicts of interest; compensation. Members accountable as trustee…
O.C.G.A. § 46-9-40 Duty of common carriers to receive goods
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A person holding himself out to the public as a common carrier is bound to receive all goods offered to him that he is able and accustomed to carry, upon compliance with such reasonable regulations as he may adopt for his own safety and the benefit of the public. (Orig. Code 1863…
O.C.G.A. § 46-9-42 Effect of strike by carrier’s employees on carrier’s duty to transport goods
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A carrier who receives freight for shipment is bound to forward the freight within a reasonable time, even though his employees strike or otherwise refuse to work, provided that if the strike is accompanied with violence and intimidation so as to render it unsafe to forward the f…
O.C.G.A. § 46-9-43 Measure of damages for delay in delivery of goods by carrier
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If a carrier fails to deliver goods within a reasonable time, the measure of damages is the difference between the market value at the time and place they should have been delivered and the market value at the time of actual delivery. (Civil Code 1895, § 2319; Civil Code 1910, § …
O.C.G.A. § 46-9-46 Effect of delivery to consignee at intermediate point
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A common carrier may recover pro rata for the actual distance transported when the consignee voluntarily receives the goods at an intermediate point. (Orig. Code 1863, § 2049; Code 1868, § 2051; Code 1873, § 2077; Code 1882, § 2077; Civil Code 1895, § 2287; Civil Code 1910, § 274…
O.C.G.A. § 46-9-47 Fraud on carrier as to nature and value of goods
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A carrier may require the nature and value of the goods delivered to him to be made known, and any fraudulent acts, sayings, or concealment by his 815 Page: 816 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 21:1:55 0000 42051-21 (QS) GA 04 RV34 -- 3rd RUN…
O.C.G.A. § 46-9-5 Limitation of actions by common carriers for recovery of charges
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All actions at law by common carriers operating in this state for the recovery of their charges or any part thereof, where such charges have accrued in connection with intrastate shipments, shall be initiated within three years after the time the cause of action accrues, and not …
O.C.G.A. § 46-9-52 Editor’s notes
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— Ga. L. 2000, p. 951, § 13-1, not codified by the General Assembly, provides that the 2000 Act which amended this Code section becomes fully effective July 1, 2001, but authorizes admin- istrative action commencing April 28, 2000, for purposes of appointing certain officials, ad…
O.C.G.A. § 46-9-7 Time of accrual of actions under Code Sections 46-9-5 and 46-9-6
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For the purposes of Code Sections 46-9-5 and 46-9-6, the cause of action in respect of a shipment of property shall be deemed to accrue upon delivery or tender of delivery thereof by the carrier, and not thereafter. (Ga. L. 1933, p. 191, § 2; Code 1933, § 18-603.)
O.C.G.A. § 46-9-8 Requiring specific bonding company as surety
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(a) No common carrier authorized to do business in this state, when requiring of any employee that he give bond or undertaking of any nature whatsoever, shall require as surety thereon any specific or certain bonding company, provided that nothing in this Code section shall be co…
O.C.G.A. § 46-9-9 Right of employee or surety to cancel bond; notice of cancellation
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(a) Any employee who gives any bond or undertaking pursuant to Code Section 46-9-8 shall, upon the breach of any of the conditions thereof by the other party thereto, have the power to cancel the same by giving the surety thereon and the common carrier for whose benefit the same …
O.C.G.A. § 46-10-1 Legislative purpose
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The General Assembly recognizes the importance of effective and economical public utilities to the economy of the State of Georgia. It is further recognized that the citizens of Georgia should receive adequate utility services at the lowest reasonable cost to the consumer while m…
O.C.G.A. § 46-10-2 Definitions
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As used in this chapter, the term: (1) ‘‘Administrator’’ means the administrator appointed pursuant to Code Section 10-1-395. 890 Page: 891 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 21:3:3 0000 42051-21 46-10-2 (QS) GA 04 RV34 -- 3rd RUN CONSUMERS’ UT…
O.C.G.A. § 46-10-3 Legislative purpose
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Definitions. Creation of consumers’ utility counsel division; appointment, qualifications, compensation, and reimbursement for expenses of director; annual report. 46-10-3.1. Performance and management audit of consumers’ utility counsel [Repealed]. 46-10-4. Representative functi…
O.C.G.A. § 46-10-3.1 Performance and management audit of consumers’ utility counsel
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Repealed by Ga. L. 1995, p. 167, § 1, effective March 31, 1995. Editor’s notes. — This Code section was based on Code 1981, § 46-10-3.1, enacted by Ga. L. 1985, p. 494, § 2; Ga. L. 1991, p. 1707, § 1. 46-10-4. Representative functions of director.
O.C.G.A. § 46-10-4 Representative functions of director
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(a) The director shall be entitled to appear, as a party or otherwise, on behalf of the consumers of this state of services provided by any person, firm, or corporation subject to the jurisdiction of the commission in all proceedings before the commission which may involve or aff…
O.C.G.A. § 46-10-8 Construction of chapter
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This chapter shall not be construed to prevent any party interested in any proceeding or action before the commission, any court, or any administrative body from appearing in person or by counsel in such proceeding or action. (Ga. L. 1981, p. 139, § 8; Ga. L. 1995, p. 167, § 1.) …
O.C.G.A. § 46-10-9 Repeal date
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Repealed by Ga. L. 1995, p. 167, § 1, effective March 31, 1995. Editor’s notes. — This Code section was based on Ga. L. 1981, p. 139, § 9; Ga. L. 1983, p. 834, § 3; Ga. L. 1985, p. 494, § 3; Ga. L. 1986, p. 283, § 1; Ga. L. 1987, p. 634, 894 Page: 895 Job Path: @mfgmic/west/stcod…
O.C.G.A. § 46-11-1 Short title
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This chapter shall be known and may be cited as the ‘‘Transportation of Hazardous Materials Act.’’ (Ga. L. 1979, p. 789, § 1; Code 1981, § 32-6-220; Code 1981, § 46-11-1, enacted by Ga. L. 1985, p. 469, § 2; Code 1981, § 46-11-1, enacted by Ga. L. 1985, p. 1499, § 2; Ga. L. 2000,…
O.C.G.A. § 46-11-2 Purpose of chapter
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The General Assembly finds that the transportation of hazardous materials on the public roads of this state presents a unique and potentially catastrophic hazard to the public health, safety, and welfare of the people of Georgia and that the protection of the public health, safet…
O.C.G.A. § 46-11-3 Definitions
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As used in this chapter, the term: (1) ‘‘Carrier’’ means any person engaged in the transportation on the public roads of this state of goods or property in, to, or through this state, whether or not such transportation is for hire. (2) ‘‘Commissioner’’ means the commissioner of m…
O.C.G.A. § 46-11-4 Short title
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Purpose of chapter. Definitions. Regulation of transportation of hazardous materials on public roads of state generally. Editor’s notes. — The provisions of this chapter were enacted by both Ga. L. 1985, p. 469, § 2 and Ga. L. 1985, p. 1499, § 2 (which Acts enacted identical lang…
O.C.G.A. § 46-11-5 Promulgation of rules and regulations by commissioner
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The commissioner is authorized and empowered to adopt, promulgate, amend, repeal, or modify such standards, rules, and regulations and to issue such orders, authorizations, or amendments or modifications thereof as are necessary to implement this chapter. Any standards, rules, or…
O.C.G.A. § 46-11-6 Enforcement of chapter
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(a) The commissioner is authorized to employ such persons as may be necessary, in the discretion of the commissioner, for the proper enforcement of this chapter, the salaries for such employees to be fixed by the commissioner. (b) The commissioner is vested with police powers and…