Opinion In Reference To
98-18 Official Code of Georgia Annotated ¿ 20-2-306(a) does not authorize the State Board of Education to include home-schooled students in the Governor's Honors Program.
98-19 Georgias real estate transfer tax applies to easements acquired by public utilities through condemnation.
98-17 The Insurance Commissioner has the authority to tax HMO receipts of Medicaid premium payments.
98-16 Unless the General Assembly otherwise provides, state agencies should presumptively consider college courses as being beyond the scope of the ordinary training agencies may provide employees in state government, but, in certain narrow circumstances, agencies may train employees in college courses which provide job-specific instruction.

A licensed used motor vehicle parts dealer can transfer salvage titles without being licensed as a used motor vehicle dealer provided that the used motor vehicle parts dealer complies with Chapter 3 of Title 40, the "Motor Vehicle Certificate of Title Act" and the rules and regulations of the State Revenue Commissioner relating to salvage vehicles, including the requirement that a motor vehicle with a title marked "salvage" be titled in the name of the business prior to the sale of the salvage motor vehicle unless the sale is made to a licensed dealer.

98-15 The criminal investigation records of the Georgia Bureau of Investigation are also part of the prosecutorial file and, therefore, any discovery requests involving those records should be coordinated with the prosecuting attorney who should be the primary source for determining the response.
98-13 Counties and school districts have authority to enter into intergovernmental contracts in which the county leases real property to the school board for use as a site for a public school or other educational purpose.
98-12 Bonds may be issued by county school boards under applicable provisions of Title 36 of the Official Code of Georgia Annotated for school system administration facilities, bus maintenance and storage facilities and warehouse facilities, including facilities for the storage of equipment, paper products, school lunch supplies and food products, upon compliance by the county school board with the notice of purpose and other requirements set forth in O.C.G.A. ¿ 36-82-1 et seq.
98-11 Under O.C.G.A. ¿ 21-5-30.1(d), individuals who hold licenses issued by examining boards under the jurisdiction of the Secretary of State are permitted to make campaign contributions from their personal funds to the Secretary of State or a candidate for that office.
98-10 The Development Authority of Fulton County has the power under the Development Authorities Law (O.C.G.A. ¿ 36-62-1 et seq.) to enter into lease transactions and pay the cost of tenant improvements for a project as defined by the Development Authorities Law. A State local assistance grant and the use of such grant by the Development Authority for such a project does not contravene the provisions of Article VII, Section IV, Paragraph VIII of the Constitution of the State of Georgia of 1983.

State incentive grants under O.C.G.A. § 20-2-290 may be awarded for sixth grades only where they are housed in middle schools also containing the seventh and eighth grades.

98-9 State incentive grants under O.C.G.A. ¿ 20-2-290 may be awarded for sixth grades only where they are housed in middle schools also containing the seventh and eighth grades.
98-8 A Community Service Board that has a contract with the Georgia Department of Human Resources may subcontract with a provider who is a General Assembly member only where there is no impermissible conflict of interest.
98-7 Under the Ethics in Government Act, a public office holder or candidate therefor, who owns more than a 10% or $20,000 interest in a corporation, must disclose that interest but only must disclose an interest in corporately owned real estate if he has a legally enforceable right to use the land for his own personal enjoyment or profit and his interest therein has a fair market value of more than $20,000.
98-6 An employer has the discretion to accept or refuse a letter of resignation that is tendered prior to the effective date of a proposed dismissal.
98-5 It is constitutional for the Board of Regents to prohibit its employees from seeking or holding state or federal elective office while they are actively employed by the University System.
98-4 Corporations which are not otherwise engaged in business activities or professions regulated by the Secretary of State are not regulated entities under O.C.G.A. § 21-5-30.1. Examining boards connected to the Secretary of State which issue professional and business licenses are under the jurisdiction of the Secretary of State for the purpose of the statute.
98-3 Members of the Professional Standards Commission may not continue to serve past their appointed three-year terms as they are appointed by the Governor and confirmed by the Senate.
98-2 A plea of nolo contendere to a misdemeanor crime of domestic violence as defined under the Gun Control Act of 1968, 18 U.S.C. ¿ 921 et seq., does not result in the imposition of a civil disability so as to prohibit the right to ship, transport, possess, or receive firearms under the Act.
98-1 A prosecution for a misdemeanor violation of O.C.G.A. ¿ 16-9-20, deposit account fraud, is commenced when a citation meets all the requirements of O.C.G.A. ¿ 15-10-202(b) and O.C.G.A. ¿ 15-10-202(c) including the signing of the citation by a judge or clerk of the magistrate court and proper service of the citation by a law enforcement officer.
97-33 Updating of crimes and offenses for which the Georgia Crime Information Center is authorized to collect and file fingerprints.
97-32 A state universitys recognition of a group of students as an official student organization that requires that its voting members profess its religious beliefs would not violate the Establishment Clause of the First Amendment and a state university's refusal to recognize such a group would violate the group founders First Amendment rights of expressive association.
97-31 (1) The Federal Aviation Administration Authorization Act of 1994 preempts state legislation concerning the training and licensing of security officers performing pre-departure screening under a contract with an airline or an aircraft carrier. (2) Security officers providing security to most federal facilities on an independent contract basis must comply with state legislation concerning the training and licensing.
97-30 A referendum is required before a school board may borrow money for a term longer than twelve calendar months where the loan is to be repaid from expected STEP collections. A school board may, without such referendum, borrow money for a term of one calendar year or less, if certain legal requirements are met.
97-29 County school board members who act as subcontractors on school board construction projects generally cannot be criminally prosecuted under O.C.G.A. ¿ 20-2-505. However, under certain circumstances that practice could constitute the crime of bribery or otherwise create an impermissible conflict of interest.
97-28 Georgia law does not permit a certificate of title for a motor vehicle to be held in the name of a business trust.
97-26 Commissions paid state agencies by telephone companies for the privilege of locating pay telephones on state property are not collected pursuant to revenue measures enacted by the General Assembly and are not required to be deposited into the state treasury.
97-27 Official Code of Georgia Annotated 16-11-126(e) requires that this state recognize and give effect to firearms permits issued by other states whose laws recognize and give effect to a Georgia permit. Only the states of Idaho, Michigan, Mississippi, New Hampshire, and Texas do so.
97-25 The language of O.C.G.A. ¿ 50-13-4(a)(4) would not prohibit the Board of Natural Resources and the Director of the Environmental Protection Division from adopting regulations and taking such actions as are necessary to ensure that Georgia's regulatory authority to administer its environmental programs is at least as stringent as federal regulatory authority established pursuant to the federal environmental laws and U.S. Environmental Protection Agency regulations promulgated pursuant thereto.
97-24 Owners and insurers are required to surrender to the State Revenue Commissioner license plates of vehicles which become salvage or total loss vehicles.
97-23 The essential intent of Code Subsection 12-8-21(c) is the reduction of solid waste by 25 percent; this goal remains effective in applying related provisions of the "Georgia Comprehensive Solid Waste Management Act," notwithstanding that the goal was originally expressed in terms of a calendar date which has passed.
97-22 (1) Peace officers are exempt from licensure by the Georgia Board of Private Detective and Security Agencies in very limited circumstances. (2) A peace officer engaged in the private detective or security business may not employ other peace officers, unless those individuals are licensed or registered by the Board. (3) All peace officers, licensed by the Board and intending to carry firearms, must obtain a Board-issued weapons permit.
97-21 A person may not be employed simultaneously with the Georgia Bureau of Investigation Division of Forensic Sciences and as a county deputy coroner.
97-19 The magistrate court relinquishes its authority to set and amend bonds when an indictment or accusation is filed in the superior court; however, the superior court may delegate its authority, as appropriate, under O.C.G.A. ¿ 17-6-1(h) or O.C.G.A. ¿ 15-1-9.1(e).
97-20 Applicability of the Open Records Act to records of the Fraud and Compliance Division of the State Board of Workers' Compensation.
97-18 The executive directors and members of the State Examining Boards, as well as other public officers defined in O.C.G.A. ¿ 21-5-3(15)(A)-(E), must file the financial disclosure reports required under the Ethics in Government Act, O.C.G.A. ¿ 21-5-50.
97-17 The effect of the statutory provisions regarding involuntary separation retirement benefits on consolidation and redirection efforts of the state agencies.
97-17 The effect of the statutory provisions regarding involuntary separation retirement benefits on consolidation and redirection efforts of the state agencies.
97-16 The Department of Agriculture's authority to inspect scales used exclusively for weighing packages to be shipped by the United Parcel Service, Inc. has been preempted by the Federal Aviation Administration Authorization Act of 1994.
97-15 The State may recover from local school systems any overpayments occasioned by the school system's inaccurate count of students eligible for the special instructional assistance program and for any other overpayment caused by an inaccurate student count.
97-14 The Department of Transportation must receive in return for the disposal of access rights under O.C.G.A. ¿ 32-6-133(b), the fair market value of such rights or other substantial benefit in aid of the performance of the Department's governmental mission. A gift of any portion of access rights to the property owner would be a prohibited gratuity under the Georgia Constitution, Article III, Section VI, Paragraph VI.
97-12 Local school board members may not provide professional services for compensation to the school systems they represent.
97-11 The State Board of Education has the authority to provide for exemption of students with disabilities from the graduation assessments. In addition, pursuant to a State Board rule, local school systems may modify the administration of the test to accommodate students with disabilities.
97-13 The Teachers Retirement System and the Employees' Retirement System of Georgia may seek, but are not required to seek, the assistance and approval of the Department of Administrative Services regarding custodian agreements for the Systems' investment securities.
97-9 The Georgia Military College may not pledge real property to secure borrowing.
97-10 Application of the Ex Post Facto Clause of Art. I, Sec. X of the United States Constitution to the Sentence Reform Act of 1994.
97-10 Application of the Ex Post Facto Clause of Art. I, Sec. X of the United States Constitution to the Sentence Reform Act of 1994
97-8 The Ethics in Government Act establishes a total dollar limit for contributions which may be given to any individual candidate within a calendar year, regardless of the number of campaign committees a person may have in existence or their purpose.
97-6 The described use of appropriated funds violates the gratuities clause. For its expenditure or forbearance to collect, the State must receive something new, worth the money paid or let go, as determined by the appropriate state agency as a fiduciary of public funds.
97-7 The term "capital outlay projects for educational purposes" set forth at Article VIII, Section VI, Paragraph IV(b)(1) of the Georgia Constitution includes school buses and equipment with an extended useful life.