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§ 46-5-71. Submittal to Clerk of Publisher’s Affidavit - The applicants shall submit to the clerk, along with the...
§ 46-5-72. Time of Advertisement of Articles; Appearance of Advertisements Prior to Granting of Charter - The first of said advertisements shall appear within one week...
§ 46-5-73. Duty of Clerk to Deliver to Applicants Certified Copies of Articles and of Order Thereon - Upon the filing of the articles of incorporation and the...
§ 46-5-74. Filing of Copies of Articles and Order With Secretary of State; Payment of Fee - Upon receiving the two certified copies of the articles of...
§ 46-5-75. Certificate of Secretary of State - The Secretary of State shall thereupon attach to one of...
§ 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 - Such certified copies of the charter, together with the certificate...
§ 46-5-77. Time of Corporate Existence of Cooperative - The corporate existence of the cooperative shall begin at the...
§ 46-5-78. Bylaws of Cooperative Generally - The board of directors shall adopt the first bylaws of...
§ 46-5-79. Qualifications for Membership in Cooperative; Certificate of Membership; Share Certificates; Payment for Shares of Stock - History. Ga. L. 1950, p. 192, § 20.
§ 46-5-80. Meetings of Members — Generally - History. Ga. L. 1950, p. 192, § 21.
§ 46-5-81. Meetings of Members — Waiver of Notice - Any person entitled to notice of a meeting may waive...
§ 46-5-82. Board of Directors - History. Ga. L. 1950, p. 192, § 23.
§ 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 - The bylaws may provide for the division of the territory...
§ 46-5-84. Officers of Cooperative - The officers of a cooperative shall consist of a president,...
§ 46-5-85. Amendment of Articles of Incorporation - History. Ga. L. 1950, p. 192, § 26.
§ 46-5-86. Change of Location of Principal Office - A cooperative may, upon authorization of its members or board...
§ 46-5-87. Consolidation of Cooperatives - Any two or more cooperatives (each of which is designated...
§ 46-5-88. Merger of Cooperatives - Any one or more cooperatives (each of which is designated...
§ 46-5-89. Effect of Consolidation or Merger - History. Ga. L. 1950, p. 192, § 30.
§ 46-5-90. Conversion of Telephone Corporation Into a Cooperative; Consolidation of Telephone Corporations Into a Cooperative - In addition, the articles of conversion may contain any provisions,...
§ 46-5-91. Dissolution of Cooperatives - The judge shall examine into the facts, and if he...
§ 46-5-92. Operation of Cooperatives on Nonprofit Basis; Contents of Bylaws and of Contracts With Members and Patrons Regarding Nonprofit Operation - A cooperative shall be operated on a nonprofit basis for...
§ 46-5-92.1. Payment of Revenues; Priority of Payments - History. Code 1981, § 46-5-92.1 , enacted by Ga. L....
§ 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 - History. Ga. L. 1950, p. 192, § 34.
§ 46-5-94. Liability of Members and Shareholders for Debts of Cooperative - No member or shareholder shall be liable or responsible for...
§ 46-5-95. Effect of Recordation of Mortgage, Deed of Trust, or Other Instrument of Real and Personal Property of Cooperative - Any mortgage, deed of trust, or other instrument executed by...
§ 46-5-96. Construction Standards - Construction of telephone lines and facilities by a cooperative shall,...
§ 46-5-97. Limitation of Actions - All rights of action accruing against any cooperative or any...
§ 46-5-98. Taking of Acknowledgments by Officers, Trustees, Members, or Shareholders of Cooperatives - No person who is authorized to take acknowledgments under the...
§ 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 - Any foreign nonprofit or cooperative corporation furnishing or authorized to...
§ 46-5-100. Fees - Each cooperative shall be charged by the Secretary of State...
§ 46-5-101. Annual License Fee; Exemption of Cooperatives From Taxation - Each cooperative and each foreign corporation doing business in this...
§ 46-5-102. Interconnection of Lines, Facilities, or Systems of Cooperatives and Other Telephone Companies - The lines, facilities, or systems of any cooperative or foreign...
§ 46-5-103. Jurisdiction of Commission - Cooperatives and foreign corporations doing business in this state pursuant...
§ 46-5-104. Applicability of Chapter 5 of Title 10 - Chapter 5 of Title 10 shall not apply to any...
§ 46-5-105. Construction of Part - This part is complete in itself and shall be controlling....
Part 4 - Emergency Telephone Number 9-1-1 System
§ 46-5-120. Short Title - This part shall be known and may be cited as...
§ 46-5-121. Legislative Intent - History. Ga. L. 1977, p. 1040, § 2; Ga. L....
§ 46-5-122. Definitions - As used in this part, the term: (2.1) “Call” means...
§ 46-5-124. Guidelines for Implementing State-Wide Emergency 9-1-1 System; Training and Equipment Standards - History. Ga. L. 1977, p. 1040, § 1; Ga. L....
§ 46-5-124.1. Service Suppliers or Voice Over Internet Protocol Service Suppliers Must Register Certain Information With the Authority; Updating Information; Compliance; Notices of Deficiency or Noncompliance - History. Code 1981, § 46-5-124.1 , enacted by Ga. L....
§ 46-5-125. Formation of Multijurisdictional and Regional 9-1-1 Systems - Nothing in this part shall be construed to prohibit or...
§ 46-5-126. Cooperation by Commission and Telephone Industry - The authority shall coordinate its activities with those of the...
§ 46-5-127. 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 - History. Ga. L. 1977, p. 1040, § 8; Ga. L....
§ 46-5-128. Cooperation by Public Agencies - All public agencies shall assist the authority in its efforts...
§ 46-5-129. Use of 9-1-1 Emblem - The authority may develop a 9-1-1 emblem which may be...
§ 46-5-130. Federal Assistance - The authority is authorized to apply for and accept federal...
§ 46-5-131. Exemptions From Liability in Operation of 9-1-1 System - History. Code 1981, § 46-5-131 , enacted by Ga. L....
§ 46-5-132. Fees by Service Supplier - It shall be unlawful for any service supplier to assess...
§ 46-5-133. Authority of Local Government to Adopt Resolution to Impose Monthly 9-1-1 Charge - (a.1) Any 9-1-1 charges shall be imposed only on the...
§ 46-5-134. 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 - (ii) In computing the amount due under this subsection, the...
§ 46-5-134.1. Counties Where the Governing Bodies of More Than One Local Government Have Adopted a Resolution to Impose an Enhanced 9-1-1 Charge - Upon termination of such powers, the wireless service supplier shall...
§ 46-5-134.2. Prepaid Wireless 9-1-1 Charge; Definitions; Imposition of Fee by Localities; Collection and Remission of Charges; Distribution of Funds - History. Code 1981, § 46-5-134.2 , enacted by Ga. L....
§ 46-5-135. Liability of Service Supplier in Civil Action - A service supplier, including any company providing telephone services and...
§ 46-5-136. Authority of Local Government to Create Advisory Board - History. Code 1981, § 46-5-136 , enacted by Ga. L....
§ 46-5-137. Powers of Public Service Commission Not Affected - This part shall not be construed as affecting the jurisdiction...
§ 46-5-138. Joint Authorities - History. Code 1981, § 46-5-138 , enacted by Ga. L....
§ 46-5-138.1. Guidelines Pertaining to Additional Charges Involving Contracts Between Two or More Counties - Nothing in this subsection shall be construed to authorize the...
§ 46-5-138.2. “Director” Defined; Training and Instruction - History. Code 1981, § 46-5-138.2 , enacted by Ga. L....
Article 4 - Telecommunications and Competition Development
§ 46-5-160. Short Title - This article shall be known and may be cited as...
§ 46-5-161. Legislative Findings; Intent - History. Code 1981, § 46-5-161 , enacted by Ga. L....
§ 46-5-162. Definitions - As used in this article, the term: History. Code 1981,...
§ 46-5-163. Certificates of Authority - History. Code 1981, § 46-5-163 , enacted by Ga. L....
§ 46-5-164. Interconnection Among Certificated Local Exchange Companies - History. Code 1981, § 46-5-164 , enacted by Ga. L....
§ 46-5-165. Alternative Regulation of Rates, Terms, and Conditions - History. Code 1981, § 46-5-165 , enacted by Ga. L....
§ 46-5-166. Rates for Switched Access - History. Code 1981, § 46-5-166 , enacted by Ga. L....
§ 46-5-167. Universal Access Fund - In calculating such contributions, the commission shall allow a local...
§ 46-5-168. Jurisdiction and Authority of Commission - History. Code 1981, § 46-5-168 , enacted by Ga. L....
§ 46-5-169. Company Obligations Associated With Alternative Regulation - A company electing alternative regulation: History. Code 1981, § 46-5-169...
§ 46-5-170. Access to Local Telephone Numbering Resources and Assignments - Providers of local exchange services shall have access to local...
§ 46-5-171. Local Call Charges Based on Duration or Time of Call Prohibited - A local exchange company may not charge a residential customer...
§ 46-5-171.1. Written Authorization Required by Customer Prior to Being Charged for Service Initiated by a Third Party - History. Code 1981, § 46-5-171.1 , enacted by Ga. L....
§ 46-5-172. Annual Report of Tier 1 Company’s Investment Commitment - A Tier 1 local exchange company shall provide an annual...
§ 46-5-173. Unpublished Telephone Identification - History. Code 1981, § 46-5-173 , enacted by Ga. L....
§ 46-5-174. Commission’s Annual Report to General Assembly - The commission shall report to the General Assembly annually on...
Article 5 - Telecommunications Marketing Act of 1998
§ 46-5-180. Short Title - This article shall be known and may be cited as...
§ 46-5-181. Definitions - As used in this article, the terms “local exchange company,”...
§ 46-5-182. Certification of Telecommunications Companies Which Bill for or Solicit Intrastate Telecommunications Services - No telecommunications company shall bill for intrastate telecommunications services or...
§ 46-5-183. Procedures for Confirmation of Changes in Selection of a Primary Local Exchange or Long Distance Carrier Generated by Telemarketing - History. Code 1981, § 46-5-183 , enacted by Ga. L....
§ 46-5-184. Contents of Letter of Agency - History. Code 1981, § 46-5-184 , enacted by Ga. L....
§ 46-5-185. Investigation and Reporting Requirements - History. Code 1981, § 46-5-185 , enacted by Ga. L....
§ 46-5-186. Time Limit on Certain Actions of Local Exchange Carrier - The customer’s current local exchange carrier shall initiate action to...
§ 46-5-187. Abusive Telemarketing Acts or Practices - Telecommunications companies may not engage in any abusive telemarketing act...
§ 46-5-188. Forgery or Falsification Prohibited - Any employee, representative, or agent of a telecommunications company who...
§ 46-5-189. Penalty for Willful Violation of Article - Any willful violation of this article is subject to enforcement...
§ 46-5-190. Factual Findings by Public Service Commission - If, after a hearing on a complaint, the commission shall...
§ 46-5-191. Cause of Action for Damages Resulting From Violations of This Article - In the event that the remedies provided by Code Section...
§ 46-5-192. Construction - History. Code 1981, § 46-5-192 , enacted by Ga. L....
Article 6 - Disclosure of Certain Customer Information
§ 46-5-210. Definitions - History. Code 1981, § 46-5-210 , enacted by Ga. L....
§ 46-5-211. Consent of End User Required for Release of Telephone Records; Law Enforcement Exception - No telecommunications company may release the telephone records of any...
§ 46-5-212. Security Certification Required - Each telecommunications company shall provide annually to the office of...
§ 46-5-213. Circumstances to Which This Article Not Applicable - No provision of this article shall be construed to prohibit...
§ 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 - History. Code 1981, § 46-5-214 , enacted by Ga. L....
Article 7 - Competitive Emerging Communications Technologies
§ 46-5-220. Short Title - This article shall be known and may be cited as...
§ 46-5-221. Definitions - As used in this article, the term: For the purposes...
§ 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 - History. Code 1981, § 46-5-222 , enacted by Ga. L....
Article 8 - Telephone Records Protection
§ 46-5-230. Short Title - This article shall be known and may be cited as...
§ 46-5-231. Definitions - As used in this article, the term: History. Code 1981,...
§ 46-5-232. Penalties - It shall be a felony, punishable by a fine of...
§ 46-5-233. Article Not to Be Construed So as to Prevent Certain Law Enforcement Actions - No provision of this article shall be construed so as...
§ 46-5-234. Other Circumstances to Which This Article Not Applicable - History. Code 1981, § 46-5-234 , enacted by Ga. L....
§ 46-5-235. No Private Right of Action Created - No private right of action is authorized pursuant to this...
Article 9 - Retail Telecommunications Services
§ 46-5-250. Retail Telecommunications Service Defined - As used in this article, the term “retail telecommunications service”...
§ 46-5-251. Authority of Public Service Commission Limited - History. Code 1981, § 46-5-251 , enacted by Ga. L....
§ 46-5-252. Prohibition Against Passing Cost of Compliance on to Consumers - No company providing retail telecommunications service shall impose a separate...
Chapter 8 - Railroad Companies
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 - History. Ga. L. 1878-79, p. 125, § 5; Code 1882,...
§ 46-8-21. Powers of Commission Regarding Railroads Generally - The commission shall have power and authority: History. Ga. L....
§ 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 - History. Ga. L. 1878-79, p. 125, § 7; Code 1882,...
§ 46-8-23. Prescription and Enforcement by Commission of Rules, Regulations, and Orders as to Receipt, Transportation, and Delivery of Freight by Railroads - The commission is vested with full power and authority to...
§ 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 - All contracts and agreements as to freight and passenger rates...
§ 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 - The commission, upon complaint, shall inspect any railroad or any...
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 - All corporate powers and privileges of railroad companies shall be...
§ 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 - History. Ga. L. 1892, p. 37, § 2; Civil Code...
§ 46-8-42. Certificate of Incorporation; Duration of Corporate Existence; Fee for Issuance of Certificate - To all to whom these presents may come — Greetings:...
§ 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 - Before the Secretary of State issues a certificate of incorporation...
§ 46-8-44. Subscription to Capital Stock; Par Value of Stock; Subscription to All Capital Stock as Prerequisite to Beginning Railroad Construction - History. Ga. L. 1892, p. 37, § 4; Civil Code...
§ 46-8-45. Payment of Subscriptions; Procedure by Directors in Case of Default by Subscriber - History. Ga. L. 1892, p. 37, § 6; Civil Code...
§ 46-8-46. Procedures Regarding Organizational Meeting; Qualifications of Directors; Selection of Officers and Agents; Annual Election of Directors; Filling of Vacancies on Board - History. Ga. L. 1892, p. 37, § 5; Civil Code...
§ 46-8-47. Determination of Directors’ Compensation; Appointment of Chairman and Vice-Presidents; Time and Place of Board Meetings; Procedures Regarding Board Meetings - History. Ga. L. 1969, p. 589, §§ 3, 8.
§ 46-8-48. Creation of Executive Committee and Other Committees; Powers of Committees; Designation of Alternate Members of Committees; Committee Action by Majority Vote - History. Ga. L. 1969, p. 589, § 4.
§ 46-8-49. Action by Board or Committee Thereof or by Shareholder or Committee Thereof by Written Consent of Members Without Meeting - History. Ga. L. 1969, p. 589, § 5; Ga. L....
§ 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 - History. Ga. L. 1969, p. 589, § 6.
§ 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 - No such provision shall eliminate or limit the liability of...
§ 46-8-52. Exemption of Property of Stockholders From Debts or Liabilities of Corporation - All property, whether real or personal, of any stockholder in...
§ 46-8-53. Procedure for Issuing Bonds or Increasing Capital Stock - In no case shall a railroad corporation issue bonds or...
§ 46-8-54. Adoption of Title by Railroad Companies Incorporated, or by Persons Owning or Operating a Railroad, Prior to December 17, 1892 - History. Ga. L. 1892, p. 37, § 17; Civil Code...
§ 46-8-55. Standard of Care for Directors and Officers in Discharge of Duties; Reliance Upon Financial Information - History. Code 1981, § 46-8-55 , enacted by Ga. L....
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 - History. Ga. L. 1918, p. 211, §§ 1-4; Code 1933,...
§ 46-8-71. Dissolution of Railroad Corporation Generally - A railroad corporation which is organized under the laws of...
§ 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 - If the board of directors of a railroad corporation organized...
§ 46-8-73. Contents of Petition for Dissolution; Certification Resolution Recommending Dissolution; Attachment of Resolution to Petition; Verification of Petition; Fee for Filing Petition - History. Ga. L. 1953, Nov.-Dec. Sess., p. 213, § 3;...
§ 46-8-74. Advertisement of Petition for Dissolution - When the petition for dissolution is filed, the Secretary of...
§ 46-8-75. Transfer of Copy of Petition From Secretary of State to Commission - Immediately upon the filing of the petition for dissolution, the...
§ 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 - History. Ga. L. 1953, Nov.-Dec. Sess., p. 213, § 6.
§ 46-8-77. Certification by Judge of the Probate Court of the Fact of Advertisement of Petition; Filing of Certificate With Secretary of State - When the copy of the petition for dissolution has been...
§ 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 - When the certificate of the judge of the probate court...
§ 46-8-79. Effect of Issuance of Order of Dissolution and Payment of Fees - After the order of dissolution has been issued, and after...
§ 46-8-80. Contracts Between Railroad Companies for Merger, Consolidation, Lease, or Purchase for Purposes of Connecting the Roads of the Companies - Any railroad company incorporated under this chapter shall have the...
§ 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 - History. Ga. L. 1892, p. 37, § 18; Civil Code...
§ 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 - All the powers and privileges and the certificate of incorporation...
Article 4 - Powers of Companies Generally
§ 46-8-100. General Powers - A railroad company organized and incorporated as provided in this...
§ 46-8-104. Power of Railroad Companies to Cross Other Railroads in Order to Reach Minerals, Timber, or Other Materials - Any railroad company chartered by the General Assembly, and also...
Article 5 - Construction, Improvement, and Repair of Rail Lines, Depots, and Roads
§ 46-8-120. Powers of Railroad Companies Generally - History. Ga. L. 1914, p. 144, § 1; Code 1933,...
§ 46-8-121. Acquisition of Property by Companies; Approval by Commission as Prerequisite to Exercise of Power of Eminent Domain - Authority and power are granted to railroad companies to acquire...
§ 46-8-122. Effect of Code Sections 46-8-120 and 46-8-121 on Other Powers and Authority Granted to Railroad Companies - The powers and authority conferred by Code Sections 46-8-120 and...
§ 46-8-123. Construction of Extensions and Branch Roads Generally - History. Ga. L. 1892, p. 37, § 10; Civil Code...
§ 46-8-124. Exercise of Power of Eminent Domain by Railroad Corporations Generally - In the event a railroad company does not procure, by...
§ 46-8-126. Relocation of Highways Necessitated by Construction of Crossings - In all cases where a railroad crosses a highway and...
§ 46-8-133. Alteration of Railroad Tracks, Bridges, and Other Structures to Accommodate Motor Vehicles - No railroad, railroad company, railway company, or person, firm, or...
Article 6 - Operation of Trains Generally
Part 3 - Operation of Trains at Crossings
§ 46-8-194. Erection and Maintenance of Crossbuck Signs at Highway Grade Crossings; Conformance of Signs to Department of Transportation Standards - By July 31, 1976, each railroad company shall erect and...
§ 46-8-195. Bringing of Actions to Compel Railroad Companies to Post Crossbuck Signs - The Georgia Department of Transportation or, with respect to roads...
§ 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 - History. Ga. L. 1918, p. 268, § 1; Code 1933,...
§ 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 - No member of a train crew, yard crew, or engine...
Article 7 - Special Officers for Protection of Railroad Property
§ 46-8-230. Appointment of Officers by Governor; Power of Arrest; Source of Compensation - Upon the application of the president or resident executive officer...
§ 46-8-231. Powers, Duties, and Responsibilities of Officers Generally - All special officers appointed and commissioned as provided for in...
§ 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 - History. Ga. L. 1935, p. 465, § 3; Ga. L....
§ 46-8-233. Return of Processes to County of Origin - All criminal processes served by a special officer shall be...
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 - In all cases where an individual is injured, or his...
§ 46-8-291. Consent and Contributory Negligence as Defenses; Comparative Negligence as Affecting Amount of Recovery - No person shall recover damages from a railroad company for...
§ 46-8-292. Proof of Injury From Running of Train as Prima-Facie Evidence of Lack of Reasonable Skill and Care - In all actions against railroad companies for damages to persons...
Article 11 - Venue and Service of Process for Actions Against Railroad Companies
§ 46-8-310. Venue for Actions Against Lessee or Possessor of Railroad - The lessees of any railroad or the company having possession...
§ 46-8-311. Manner of Service of Process on Lessee of Railroad - When any person is sued as the lessee of a...
§ 46-8-312. Service of Process on Lessor Railroad Company, Generally - Whenever any railroad company incorporated under the laws of this...
§ 46-8-313. Manner of Service Where Address of President of Company Unknown - If the residence of the president of the lessor company...
§ 46-8-314. Venue and Service of Process in Actions Against Receivers, Trustees, and Other Officers of Railroad Companies; Obtaining Leave to Sue - Actions may be brought against receivers, trustees, assignees, and other...
Article 12 - Street, Suburban, and Interurban Railroads
§ 46-8-330. “Interurban Railroads” Defined - As used in this article, the term “interurban railroads” means...
§ 46-8-331. Incorporation, Control, and Management of Interurban, Suburban, and Street Railroads - All of the provisions of this title regarding the incorporation,...
§ 46-8-332. Power of Street, Suburban, or Interurban Railroad Corporation to Increase Capital Stock; Manner of Increase - History. Ga. L. 1902, p. 68, § 1; Civil Code...
§ 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 - History. Ga. L. 1916, p. 44, § 1; Ga. L....
§ 46-8-334. Purchase, Mortgage, Transfer, or Disposal of Capital Stock, Bonds, or Other Indebtedness; Acquisition of Property, Rights, and Franchises - By vote of a majority of the outstanding capital stock,...
§ 46-8-335. Time of Effectiveness of Guaranty or Acquisition of Stock, Property, and Franchises; Protection of Rights of Dissenting Stockholders - History. Ga. L. 1909, p. 163, § 2; Civil Code...
§ 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 - History. Ga. L. 1909, p. 163, § 3; Civil Code...
§ 46-8-337. Issuance of Bonds, Notes, or Other Indebtedness by Consolidated Corporation; Pledge of Security - The consolidated corporation formed pursuant to Code Sections 46-8-334 through...
§ 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 - Any company that extends its railroad into an 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 - Street, suburban, and interurban railroad companies incorporated under the laws...
§ 46-8-340. Free Transportation for Policemen, Firemen, and Other Members of Municipal and County Utility Departments by Street, Suburban, and Interurban Railroad Companies - Any street, suburban, or interurban railroad company may furnish free...
§ 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 - All street, suburban, and interurban railroad companies may lease or...
§ 46-8-342. Acquisition, Sale, Operation, Transfer, or Disposal of Motor Buses and Trackless Trolleys by Street, Suburban, and Interurban Railroad Companies - History. Ga. L. 1924, p. 99, § 1; Ga. L....
§ 46-8-343. Utilization of Trackless Trolleys by Street, Suburban, or Interurban Railroad Companies - Any company owning, leasing, or operating street railroads, suburban railroads,...
§ 46-8-344. Sale of Street, Suburban, or Interurban Railroad and Bus Transportation Operations by Companies Engaged in Operating Electric Generating Plants, Generally - Any electric street, suburban, or interurban railroad company which is...
§ 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 - Any electric street, suburban, or interurban railroad corporation which desires...
§ 46-8-346. Effect of Sale on Corporate Existence, Powers, and Liabilities of Company - Upon compliance with Code Sections 46-8-344 and 46-8-345, the electric...
§ 46-8-347. Adoption of Chapter by Railroad Companies - Any railroad company desiring to adopt this chapter as a...
§ 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 - Nothing in this article shall be construed as depriving the...
Article 14 - Miscellaneous Offenses
§ 46-8-380. Intruding on Railroad Tracks - Any person intruding unlawfully upon the constructed track of a...
§ 46-8-381. Hiding on Train for Purpose of Stealing a Ride - Any person who rides or attempts to ride on a...
§ 46-8-382. Neglect or Refusal of Officer, Agent, or Employee of Railroad Company to Make and Furnish Report Required by Commission; Obstructing Commission - Every officer, agent, or employee of any railroad company who...
Chapter 8A - Rapid Rail Passenger Service
§ 46-8A-1. “Person” Defined - As used in this chapter, the term “person” means any...
§ 46-8A-2. Line or System Permit Required - Except as provided in Code Section 46-8A-4, no person shall...
§ 46-8A-3. Permit Application Process - The application for any permit provided for in Code Section...
§ 46-8A-4. Permit for Extension of Line or System - This Code section shall not be construed to require any...
Chapter 9 - Transportation of Freight and Passengers Generally
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 - Carriers as such are bound to exercise ordinary diligence. Common...
§ 46-9-2. Power of Common Carrier to Limit Liability - A common carrier may not limit his legal liability by...
§ 46-9-3. Showings Required by Common Carrier as Prerequisite to Use of Exceptions Under Code Sections 46-9-1 and 46-9-2 - In order for a common carrier to avail himself of...
§ 46-9-4. Liability of Common Carrier Corporation for Acts Committed Outside of Scope of Charter - In all cases where persons are injured or property is...
§ 46-9-5. Limitation of Actions by Common Carriers for Recovery of Charges - All actions at law by common carriers operating in this...
§ 46-9-7. Time of Accrual of Actions Under Code Section 46-9-5 - For the purposes of Code Section 46-9-5, the cause of...
§ 46-9-8. Requiring Specific Bonding Company as Surety - History. Ga. L. 1912, p. 159, § 1; Code 1933,...
§ 46-9-9. Right of Employee or Surety to Cancel Bond; Notice of Cancellation - History. Ga. L. 1912, p. 159, § 2; Code 1933,...
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 - Any schedule of rates and charges established by the commission...
§ 46-9-21. Giving Notice of New and Revised Rate Schedules; Giving Proof of Authenticity of Schedules - History. Ga. L. 1878-79, p. 125, § 6; Code 1882,...
§ 46-9-22. Investigation by Commission of Through Rates - It shall be the duty of the commission to investigate...
§ 46-9-23. Report by Commission of Excessive, Unreasonable, or Discriminatory Through Rates to Proper State Railroad Officials - Whenever the commission finds that a through rate, whether charged...
§ 46-9-24. Report by Commission of Excessive, Unreasonable, or Discriminatory Through Rates to Interstate Commerce Commission - Whenever rates are not changed according to the suggestion of...
§ 46-9-25. Representation of Commission by Attorney General - In all work devolving upon the commission pursuant to Code...
§ 46-9-26. Commission to Prescribe Schedule of Maximum Rates and Charges for Freight Storage by Railroad Companies - The commission is required to fix and prescribe a schedule...
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 - A person holding himself out to the public as a...
§ 46-9-41. Duty of Common Carriers to Transport and Deliver Goods Safely and Without Unreasonable Delay - A common carrier shall have the duty of transporting and...
§ 46-9-42. Effect of Strike by Carrier’s Employees on Carrier’s Duty to Transport Goods - A carrier who receives freight for shipment is bound to...
§ 46-9-43. Measure of Damages for Delay in Delivery of Goods by Carrier - If a carrier fails to deliver goods within a reasonable...
§ 46-9-44. Estoppel of Carrier to Dispute Title to Goods Delivered to Him for Shipment - A carrier may not dispute the title of the person...
§ 46-9-45. Commencement and Termination of Carrier’s Responsibility for Goods - The responsibility of a carrier shall commence with the delivery...
§ 46-9-46. Effect of Delivery to Consignee at Intermediate Point - A common carrier may recover pro rata for the actual...
§ 46-9-47. Fraud on Carrier as to Nature and Value of Goods - A carrier may require the nature and value of the...
§ 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 - Every claim for loss of or damage to property, or...
§ 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 - History. Ga. L. 1889, p. 134, § 4; Civil Code...
§ 46-9-50. Weighing of Railroad Cars by Certified Public Weighers; Manner of Weighing Cars - History. Ga. L. 1882-83, p. 127, §§ 1-4; Civil Code...
§ 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 - Whenever a shipper or consignor requires a railroad company to...
§ 46-9-52. Unjust Discrimination in Freight-Transportation Rates by Common Carriers Generally - History. Ga. L. 1889, p. 134, § 3; Civil Code...
§ 46-9-53. Discrimination by Railroad Companies in Applying Freight-Storage Charges - In applying freight-storage charges fixed by the commission, no railroad...
§ 46-9-54. Making and Retaining Freight-Storage Charges in Accordance With Rates Fixed by Commission - No railroad company shall make or retain, either directly or...
§ 46-9-55. Remedy for Persons Charged Excessive Freight-Storage Rates or Subjected to Discrimination in Application of Freight-Storage Rates - If any railroad company violates Code Section 46-9-53 or Code...
§ 46-9-56. False Billing, False Weighing, or False Report of Weight by Common Carriers - Any common carrier of freight within the limits of this...
§ 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 - Any person, including any officer or agent of any corporation,...
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 - It shall be the duty of the railroad companies of...
§ 46-9-91. Liability of Company for Failure to Furnish Cars; Written Claim for Damages by Shipper; Time of Payment by Company; Liquidated Damages - History. Ga. L. 1907, p. 84, § 2; Civil Code...
§ 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 - In the event the shipper fails or refuses to accept...
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 - History. Ga. L. 1865-66, p. 236, § 1; Code 1868,...
§ 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 - All railroad companies in this state shall, on demand, issue...
§ 46-9-112. Contents of Freight Bills and Freight Lists - All freight bills or freight lists charged against or to...
Article 4 - Transportation of Passengers
Part 1 - Transportation by Carriers Generally
§ 46-9-130. Duty of Common Carrier to Receive Passengers Generally - A common carrier holding himself out to the public as...
§ 46-9-131. Extent of Right of Carriers to Refuse Admittance to Persons and to Eject Passengers - Carriers of passengers may refuse to admit to, or may...
§ 46-9-132. Duty of Carriers of Passengers to Exercise Extraordinary Diligence - A carrier of passengers must exercise extraordinary diligence to protect...
§ 46-9-133. Duty of Common Carriers of Passengers to Furnish Comfortable Seats and to Light and Ventilate Cars - History. Ga. L. 1863-64, p. 132, § 1; Code 1868,...
§ 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 - All conductors or other railroad employees in charge of passenger...
§ 46-9-135. Duty of Passengers to Remain in Assigned Car, Compartment, or Seat; Ejectment of Passenger by Conductor and Railroad Employees - History. Ga. L. 1890-91, p. 157, § 3; Civil Code...
§ 46-9-136. Carriage of Baggage - History. Orig. Code 1863, §§ 2044, 2051; Code 1868, §§...
§ 46-9-137. Granting of Passes by Common Carriers to Former Employees and Their Immediate Family - Common carriers may grant passes upon their transportation lines to...
§ 46-9-138. Granting of Annual Passes by Common Carriers to Sheriffs and Their Deputies - Common carriers operating in this state may issue annual passes...
§ 46-9-139. Selling or Dealing in Passenger Tickets by Person Other Than Authorized Agent of Common Carrier Issuing Such Tickets - History. Ga. L. 1904, p. 102, §§ 1, 3; Civil...
§ 46-9-140. Duty of Common Carriers to Redeem Unused Tickets and Unused Portions of Tickets - History. Ga. L. 1904, p. 102, §§ 2, 3; Civil...
Part 2 - Transportation by Railroad Companies
§ 46-9-150. Duty of Railroad Companies to Furnish Passengers With Drinking Water and Lights - History. Ga. L. 1863-64, p. 132, §§ 1, 2; Code...
§ 46-9-151. Duty of Railroad Companies to Telegraph and Post Bulletins of Delayed Trains - Whenever any passenger train on any railroad in this state...
§ 46-9-152. Duty of Railroad Companies to Provide Conductors and Other Employees With Baggage Checks; Duty of Conductors to Check Trunks and Baggage - History. Laws 1847, Cobb’s 1851 Digest, p. 398; Ga. L....
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 - No person issuing, selling, or offering to sell any passenger...
§ 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 - History. Ga. L. 1966, p. 26, § 2.
§ 46-9-172. Penalty - Any person, partnership, association, firm, agency, or corporation violating any...
Article 5 - Carriers’ Liens
§ 46-9-190. Lien of Carrier for Fare and Baggage Charges - History. Orig. Code 1863, § 2050; Code 1868, § 2053;...
§ 46-9-191. Lien of Carrier for Freight Charges - When a carrier has complied with his contract as to...
§ 46-9-192. Priority of Carriers’ Liens - A carrier’s liens for charges on the baggage of its...
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 - No railroad company having an office or agency within this...
§ 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 - History. Ga. L. 1890-91, p. 155, § 2; Civil Code...
§ 46-9-212. Switching Off and Delivering to Connecting Roads All Cars Consigned to Points Over or Beyond the Connecting Roads - History. Ga. L. 1874, p. 94, § 1; Code 1882,...
§ 46-9-213. Discrimination by Railroad Companies in Freight-Transportation Rates Charged to Connecting Lines and Routes - No railroad company shall discriminate in its rates or tariffs...
§ 46-9-214. Applicability of Code Sections 46-9-212 and 46-9-213 to Interstate Shipments and Consignments - Code Sections 46-9-212 and 46-9-213 shall not apply to shipments...
§ 46-9-215. Duty of Railroad Companies to Receive Freight Cars From Connecting Roads; Measure of Damages for Failure or Refusal to Receive Cars - All railroad companies in this state, at the terminus or...
§ 46-9-216. Civil Penalty - For every violation of any of the provisions of Code...
Article 7 - Express Companies
§ 46-9-230. Manner of Incorporation of Express Companies - If a group of at least five persons (1) files...
§ 46-9-231. Organization of Express Companies - The petitioners shall be the first directors of the company....
§ 46-9-232. Location of Principal Office - All companies incorporated under this article shall have their principal...
§ 46-9-233. Powers of Express Companies Generally - Any company incorporated under this article may: History. Ga. L....
§ 46-9-234. Venue; Binding Effect of Judgment - The superior court of the county where goods are received...
§ 46-9-235. Service of Process; Effect of Judgment - In all cases where its chief officer does not reside...
§ 46-9-236. Posting of Name of President or Chief Officer of Express Company - When the president or other chief officer of any express...
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 - If any railroad company organized or doing business under the...
§ 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 - If any railroad company organized or doing business under the...
§ 46-9-252. Overcharging by Officers, Agents, or Other Employees of Common Carriers - Any officer, agent, or other employee of a common carrier...
§ 46-9-253. Transportation of Gunpowder, Dynamite, or Other Explosives - Any person who causes more than five pounds of gunpowder,...
Article 9 - Georgia Rail Passenger Authority Law
§ 46-9-270. Short Title - This article shall be known and may be cited as...
§ 46-9-271. Legislative Purpose - There is created the Georgia Rail Passenger Authority for the...
§ 46-9-272. Definitions - As used in this article, the term: History. Code 1981,...
§ 46-9-273. Powers of Authority Generally - The authority shall have all of the powers necessary, proper,...
§ 46-9-274. Membership of Authority; Filling of Vacancies; Disclosure of Pecuniary Interests; Election of Officers; Expense Allowance and Travel Costs - History. Code 1981, § 46-9-274 , enacted by Ga. L....
§ 46-9-275. Issuance of Revenue Bonds, Notes, or Other Obligations; Refunding Bonds - Revenue bonds, notes, or other obligations issued by an authority...
§ 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 - History. Code 1981, § 46-9-276 , enacted by Ga. L....
§ 46-9-277. Public Purpose of Article - The implementation of rail passenger service and public transportation projects...
§ 46-9-278. Liberal Construction to Effect Stated Purpose - The provisions of this article shall be liberally construed to...
§ 46-9-279. Status of Bonds and Other Obligations as Constituting Debt or Obligation of State, County, or Other Political Subdivisions - No bonds, notes, or other obligations of and no indebtedness...
§ 46-9-280. Exemption of Authority From Taxes or Assessments - The authority is created for nonprofit and public purposes; and...
§ 46-9-281. Effect of Article on Other Authorities - This article shall not affect any other authority now or...
Article 9A - Railway Passenger Service Corridor System
§ 46-9-290. Designated Georgia Rail Passenger Corridors - History. Code 1981, § 46-9-290 , enacted by Ga. L....
§ 46-9-291. Planning and Development - History. Code 1981, § 46-9-291 , enacted by Ga. L....
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 - The Governor, on behalf of this state, is authorized to...
Article 11 - Southwest Georgia Railroad Excursion Authority
§ 46-9-320. Short Title - This article shall be known and may be cited as...
§ 46-9-321. Creation; Administrative Assignment - History. Code 1981, § 46-9-321 , enacted by Ga. L....
§ 46-9-322. Definitions - As used in this article, the term: History. Code 1981,...
§ 46-9-323. Powers - The authority shall have all of the powers necessary, proper,...
§ 46-9-324. Membership; Civil Office; Chairperson; Conflicts of Interest; Compensation - History. Code 1981, § 46-9-324 , enacted by Ga. L....
§ 46-9-325. Members Accountable as Trustees; Records - The members of the authority shall be accountable in all...
§ 46-9-326. Revenue Bonds, Notes, and Other Obligations - Revenue bonds, notes, or other obligations issued by the authority...
§ 46-9-327. Provisions of Obligations; Use of Proceeds; Form of Bonds - History. Code 1981, § 46-9-327 , enacted by Ga. L....
§ 46-9-328. Implementation of Rail Passenger Excursion Projects - The implementation of rail passenger excursion projects within the service...
§ 46-9-329. Liberal Construction of Provisions - The provisions of this article shall be liberally construed to...
§ 46-9-330. Indebtedness Not Obligation of State or Political Subdivision - No bonds, notes, or other obligations of and no indebtedness...
§ 46-9-331. Purpose of Authority’s Creation; Tax Exemption - The authority is created for nonprofit and public purposes; and...
§ 46-9-332. Authorization for Rail Passenger Excursion Projects Not Limited - The authorization for rail passenger excursion projects provided by this...