2021 Georgia Code
Title 1 - General Provisions
Chapter 3 - Laws and Statutes
§ 1-3-8. Binding Effect of Legislation Upon State
The state is not bound by the passage of a law unless it is named therein or unless the words of the law are so plain, clear, and unmistakable as to leave no doubt as to the intention of the General Assembly.
(Civil Code 1895, § 3; Civil Code 1910, § 3; Code 1933, § 102-109.)
OPINIONS OF THE ATTORNEY GENERAL
Section applicable to municipal corporations and state instrumentalities.
- This section not only applies to municipal corporations, but also applies to public corporations that are an instrumentality of the state. 1958-59 Op. Att'y Gen. p. 5.
Nothing in lien laws in former Code 1933, §§ 67-1701 and 67-2001 et seq. (see now O.C.G.A. § 44-14-360 et seq.) indicate intention to bind the state thereby; these laws are in derogation of the common law, must be strictly construed, and one claiming thereunder must bring oneself clearly within the law. 1957 Op. Att'y Gen. p. 179.
State property is not subject to regulation by lesser governmental authorities, for the reason that such lesser governments exercise only the powers delegated to them by the state, and any general delegation of power does not apply to the state or its instrumentalities in the absence of express language or clear implication in the statutes. 1971 Op. Att'y Gen. No. 71-113.
City cannot affect property owned by the State of Georgia or the state's agencies and any ordinance affecting such property would be ultra vires and of no effect as far as the state and the state's property are concerned. 1967 Op. Att'y Gen. No. 67-73.
State park authority not required to obtain dairy processing plant license.- A state park authority, created as a body corporate and politic and deemed to be an instrumentality of the state and a public corporation, is not required to obtain a dairy processing plant license to operate an ice cream parlor. 1958-59 Op. Att'y Gen. p. 5.
Lobbying registering provisions not applicable to state or political subdivisions.- State, county, and city officials, employees, and their representatives who intend, in their official capacities, to aid or oppose the enactment of any bill by either house of the General Assembly were not required to register with the Secretary of State pursuant to former Code 1933, § 47-1001 et seq. since nothing in the law specifically made the provisions applicable to the state or its political subdivisions. 1975 Op. Att'y Gen. No. 75-28.
RESEARCH REFERENCES
C.J.S.
- 82 C.J.S., Statutes, §§ 84 et seq., 389 et seq.
ALR.
- Applicability of constitutional provision requiring reenactment of altered or amended statute to one which leaves intact terms of original statute, but transfers or extends its operation to another field, 67 A.L.R. 564.
Applicability of constitutional requirement that repealing or amendatory statute refer to statute repealed or amended, to repeal or amendment by implication, 5 A.L.R.2d 1270.
