Opinion In Reference To
94-1 Applicability of Fair and Open Grants Act of 1993 to Funds Expended from the State Public Transportation Fund.

The Fair and Open Grants Act ("FOGA")


Act No. 538, adopted in the 1993 session, will allow an agent of the Georgia Bureau of Investigation who is eligible for involuntary separation retirement benefits to elect retirement or to continue his or her employment past the age of 55 and be entitled to the same projection in age and service which would have been available when that agent was required to retire at age 55 by operation of law. The 95% rule of O.C.G.A. § 47-2-124 does not apply to the calculation of retirement benefits under Act No. 538.


Referring patients for Magnetic Resonance Imaging is not within the scope of practice of chiropractors in the State of Georgia.


A private, nonprofit corporation that is leasing and operating health care facilities on behalf of a hospital authority may not self-insure its workers' compensation liability as an "entity" of the authority.


The sale of goods, wares or other objects, when incidental and collateral to free speech activity otherwise permitted in a designated public forum, may not be prohibited under the Buildings and Grounds Policies of the Georgia Building Authority or O.C.G.A. § 50-9-9(b), but is subject to reasonable time, place and manner regulation.


Appropriated state funds which become deobligated during a subsequent fiscal year are subject to lapse, and may not be applied to contracts for which motor fuel tax appropriations were previously committed.


O.C.G.A. Section 12-7-6(16) normally requires an undisturbed natural vegetative buffer of 25 feet to be retained adjacent to any state waters.


County and Municipal taxes otherwise properly assessed pursuant to O.C.G.A. § 33-8-8.1 based on a pre-1991 contract year (i.e. any contract year beginning before January 1, 1991) between an insurance company and the Federal Employees Health Benefits Fund are not prohibited by 5 U.S.C. § 8909(f) regardless of when such tax is payable and/or collected.


The General Assembly may not enact a general law which by its terms conditions its effectiveness upon approval by the voters at a statewie referendum.


Funds collected by the Department of Defense (DOD) as billeting funds or armory rentals are state funds which may be retained by DOD but their management is subject to requirements of the Office of Planning and Budget, the State Auditor and the State Depository Board; housekeeping personnel who are paid with any of such funds pursuant to DOD regulations are state employees.


Authority of the Department of Transportation to Expend Federal Money on Transportation Enhancement Projects


An RDC board member may not also serve as a board member of a non-profit corporation created by the RDC, pursuant to O.C.G.A. § 50-8-35(f)(1)


Intangible unclaimed property held in the ordinary course of the holder's business is subject to the Disposition of Unclaimed Property Act enacted by Ga. L. 1990, p. 1506, as amended, and to the Disposition of Unclaimed Property Act enacted by Ga. L. 1972, p. 762, as amended.