2020 Georgia Code
Title 36 - Local Government
Chapter 34 - Powers of Municipal Corporations Generally
§ 36-34-8. Provisions of Chapter General Law; Enactment of Local or Special Laws on Subject Matters Covered by Chapter; Effect of Chapter Upon Amendment of Municipal Charters

It is declared to be the intention of the General Assembly that the provisions of this chapter are general laws within the meaning of Article III, Section VI, Paragraph IV(a) of the Constitution. No local or special laws shall be enacted on subject matters over which municipal corporations are authorized to act pursuant to this chapter. Any provision of any municipal charter heretofore enacted covering subject matters over which municipal corporations are authorized to act pursuant to this chapter shall be amended, modified, superseded, or repealed only in accordance with subsection (b) of Code Section 36-35-3.

(Ga. L. 1972, p. 820, § 1; Ga. L. 1983, p. 3, § 57.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, §§ 95, 163 et seq.

- 62 C.J.S., Municipal Corporations, §§ 139, 142, 150 et seq.

Sec.

• 36-35-1. Short title.
• 36-35-2. Incorporation, dissolution, merger, and boundary changes by local Act or under general law; annexation of deannexed property.
• 36-35-3. Adoption of ordinances, rules, and regulations; amendment of charters and amendment or repeal of ordinances, rules, and regulations by petition and referendum.
• 36-35-4. Compensation and benefits for employees and members of governing authority; conditions and requirements governing increases for elective members of governing authority.
• 36-35-4.1. Reapportionment of election districts for municipal elections.
• 36-35-5. Filing of charter amendments or revisions, notices, and affidavits; publication and distribution of amendments and revisions by Secretary of State.
• 36-35-6. Limitations on home rule powers.
• 36-35-6.1. Signs for privately owned businesses.
• 36-35-7. Provisions of chapter general law; enactment of local or special laws on subject matters covered by chapter; effect of chapter upon amendment of municipal charters.
• 36-35-8. Effect of conflict with Chapter 34.

- Constitutional provision authorizing General Assembly to provide for self-government of municipalities, Ga. Const. 1983, Art. IX, Sec. II, Para. II.

- For article, "Home Rule for Home Affairs," see 1 Ga. L. Rev. 24 (1927). For article analyzing alternative means of implementing home rule legislation and advocating home rule for municipalities in light of numerous attempts to pass such legislation in Georgia, prior to repeal of Municipal Home Rule Law of 1951 (Ga. L. 1951, p. 116, § 1 et seq.) and adoption of the Municipal Home Rule Act of 1965 (this chapter), see 8 Mercer L. Rev. 337 (1957). For article, "The Municipal Home Rule Act of 1965 (this chapter)," see 3 Ga. St. B. J. 333 (1967). For article discussing the development of the Municipal Home Rule Act of 1965 (this chapter), see 4 Ga. St. B. J. 317 (1968). For article, "Home Rule: Its Impact on Georgia Local Government Law," see 8 Ga. St. B. J. 277 (1972). For article analyzing the changing relationship between state and local governments in Georgia in light of "Amendment 19," see 9 Ga. L. Rev. 757 (1975). For article discussing limitations on municipalities' "home rule" powers, see 12 Ga. L. Rev. 805 (1978). For article surveying recent legislative and judicial developments in zoning, planning and environmental law, see 31 Mercer L. Rev. 89 (1979). For article surveying legislative and judicial developments in Georgia local government law for 1978-79, see 31 Mercer L. Rev. 155 (1979). For article, "Lawyers Who Represent Local Governments," see 23 Ga. St. B. J. 58 (1987). For annual survey article on local government law, see 50 Mercer L. Rev. 263 (1998). For note discussing home rule in Georgia under 1947 Home Rule Act (Ga. L. 1947, p. 118, § 1 et seq.), see 1 Mercer L. Rev. 280 (1950).

Municipal corporation which adopts or amends a retirement plan for the municipal corporation's employees must publish a notice of intent. 1973 Op. Att'y Gen. No. U73-119.

Charter consolidating governments of city and county should set out the desired powers of the consolidated government in an enumerated and specific manner. 1969 Op. Att'y Gen. No. 69-413.