Georgia Codes
| Topic | Code Section | Summary |
|---|---|---|
| Buildings and
Housing Dormitory Housing at USG Institutions |
8-13-17 | Allows for leasing of BOR/USG land to develop housing; use of revenues to pay bond debt service, etc... |
| Conservation and
Natural Resources Archaeological Sites |
12-3-52 | Grants DNR sole power to reserve, explore and control all state land where archaeological sites may exist EXCEPT for BOR |
| Contracts Bid Bonds and Contracts |
13-10-1 | Bid bonds on public works contracts and contracts for Public Works. |
| Criminal Code
of Georgia Bribery |
16-10-2 | An act or omission, or intent of criminal negligence. |
| Lottery Funds Construction Reserve Trust Fund |
20-1-8 | Lottery funds appropriated for capital construction programs; placed in a Construction Reserve Trust Fund for educational purposes. |
| Education BOR Responsibilities and Authority |
20-3-1 through 20-3-92 |
General responsibilities
/ authority of BOR: 20-3-57: BOR owns title to USG property 20-3-58: BOR eminent domain power 20-3-60: Governor must approve sell, lease and/or disposal of USG public property. 20-3-62: Proceeds from transactions under 20-3-60 shall be used by USG to support its “branches” 20-3-78: USG Athletic Associations, including UGA & GT are corporations. 20-3-79: USG Athletic Associations are not state agencies and are not subject to limitations / restrictions placed on state agencies. 20-3-80: BOR directed to “make necessary agreements” with Athletic Associations for use of property or facilities belonging to the state (or BOR) and to fix the amount of compensation for their use. |
| Education GEA (University) |
20-3-151 through 20-3-153 |
Georgia Education Authority
(University): Administratively assigned to DOAS; Formerly known as the University System Building Authority; created to assist in the construction of USG facilities. Has power to issue bonds. 6-member authority including Governor, an appointee of the Governor who is not the AG, Director of OPB, State Auditor, the Chancellor and Chairman of the BOR are members. |
| Education Revenue Bonds |
20-3-163 through 20-3-176 |
BOR may use revenue bond
funds for lease contracts; but such bonds shall not constitute debt of
the state. Misc. provisions concerning use of revenue bond funds and authorities
used or created to issue revenue bonds for the benefit of the BOR. 20-3-179: “This article does not in any way take from the Board of Regents the authority to issue revenue bonds for a particular purpose. |
| Education Establishment of Teaching Hospital MCG |
20-3-520 through 20-3-521 |
Code section that empowers the BOR to construct, own, operate and maintain the teaching hospital at MCG. |
| Education Georgia Military College |
20-3-561 | The government, control and management of Georgia Military College shall be vested in the Board of Trustees of the Georgia Military College. The Georgia Military College shall receive funds appropriated by the General Assembly through the BOR… |
| Education BOR Powers for Projects, Leases and Agreements With Other State Agencies or Agencies From Other States |
20-12-1 through 20-12-8 |
Code sections specify
broad powers of BOR, among other things to… acquire by purchase,
lease and dispose of any real and personal property, to make contracts
for facility leases, to collaborate with other state agencies, to receive
funds, facilities, land, etc. from local, state & federal govts. 20-12-6: BOR is authorized to fix rentals and other charges, and to charge and collect them. 20-12-7: BOR shall prescribe rules and regulations for the operation of each project constructed under this chapter, including rules and regulations to ensure maximum use of each project. 20-12-8: BOR shall make an annual report to the General Assembly which shall include a report on all funds and properties received or disbursed under this chapter. |
| Handicapped Persons ADA compliance in State Facilities |
30-3-3 | All state govt. facilities
after July 1, 1995 must comply w/ ADA Accessibility Guidelines; note: “nothing
in this section is intended to require the addition of an elevator where
none exists or is planned, solely for the purpose of providing an accessible
route between floor levels. Authorities having jurisdiction for this
code section are identified as the Safety Fire Commissioner or the Board
of Regents. 30-3-7: Except for buildings under BOR Jurisdiction, all buildings shall be subject to the jurisdiction of the Safety Fire Commissioner. |
| Labor and Industrial
Relations Definition of State Property |
34-15-40 | Term “state property” shall not include any property, real or personal, owned or leased or otherwise under the jurisdiction of the BOR. |
| Professional Licensing
Board Division Architects |
43-4-1 | Architect legal qualifications to practice in Georgia, and includes definition of construction contract administration services (roles and responsibilities). |
| Public Officers
and Employees Ethics |
45-1-6 | Disclosure of making and accepting gifts to public employees by vendors. |
| Public Officers
and Employees Ethics |
45-10-1 | Establishment of Code of Ethics for government service in general. |
| Public Officers
and Employees Contracts |
45-12-132 | Contracts approved by the BOR are exempt from this subpart |
| Public Officers
and Employees Public Employee Hazardous Chemical Protection and Right to Know |
45-22-1 through 45-22-12 |
Hazardous materials right-to-know laws for USG institutions and employees. BOR specifically covered by code section. |
| State Government Administrative Space Issues |
50-5-31 | Code section addresses use of administrative space in state buildings. Code states: “administrative space does not include the space within or on the following properties; provided, however, such space was not acquired and will not be acquired by a rental agreement or arrangement the initial term of which is for a period of five years of less… space in buildings located on or used in direct support of any institution of higher education under the jurisdiction of the BOR” |
| State Government Competitive Bidding of Contracts |
50-5-67 | Competitive bidding procedures.
Contracts exceeding $100K to be awarded based on competitive sealed bids,
etc... 50-5-67, section 6(b) revised: BOR exempt from provisions of this chapter. |
| State Government Life Cycle Costs |
50-9-101 | All state agencies shall purchase building materials and fixtures for construction and renovation taking into account full life cycle costs, in addition to original acquisition cost. |
| State Government State Ownership of Property |
50-16-3 | Defines state as legal title holder and beneficial owner of “the several institutions of the USG, including all real and personal property… and all other property conveyed to the BOR for use of any of the institutions or for educational purposes, or conveyed to any of the Boards of Trustees of which the BOR is the successor, or to any institutions under its control”. |
| State Government Acquisition of Property & Definitions |
50-16-38 and 50-16-120 |
Except for all acquisitions of property by the BOR… all state agencies shall acquire real property through State Properties Commission. |
| State Government Definition of Real Property |
50-16-122 | BOR is expressly excluded from the meaning of “real property” for purposes of State Properties Commission processes. |
| State Government Notices of Conveyance |
50-16-123 | Copies of all conveyances for the acquisition and disposition of real property held or owned by the BOR shall be filed with the State Properties Commission w/in 30 days… Also, when real property is acquired by condemnation by the BOR, a certified copy of the court order vesting title shall be filed with the State Properties Commission w/in 30 days. |
| State Government State Commission on the Condemnation of Public Property |
50-16-180 50-16-182 50-16-183 |
The Commission “has the power and duty to approve the acquisition of public property by condemnation and the power of eminent domain by …the BOR…” The BOR is required to obtain approval from the Commission before acquiring public property by eminent domain. |
| State Government Public Notice for A/E Services |
50-22-7 | Code section pertains to A/E firms doing business w/ the state; includes public notice requirements. BOR specifically exempt from this section. |
| Lottery for Education Disposition of Proceeds |
50-27-13 and 50-27-14 |
Disposition of Lottery Proceeds; Budget report by Governor; Appropriations by General Assembly. Establishment of shortfall reserve sub-account. |