2022 Georgia Code
Title 36 - Local Government
Chapter 35 - Home Rule Powers
§ 36-35-6. Limitations on Home Rule Powers

1. The power granted to municipal corporations in subsections (a) and (b) of Code Section 36-35-3 shall not be construed to extend to the following matters or to any other matters which the General Assembly by general law has preempted or may hereafter preempt; but such matters shall be the subject of general law or the subject of local Acts of the General Assembly to the extent that the enactment of such local Acts is otherwise permitted under the Constitution:
   1. Action affecting the composition and form of the municipal governing authority, the procedure for election or appointment of the members thereof, and the continuance in office and limitation thereon for such members, except as authorized in Chapter 2 of Title 21 or as provided in Code Section 36-35-4.1;
   2. 1. Action defining any offense, which so defined, is also an offense under the criminal laws of Georgia;
      2. Action providing for confinement in excess of six months; and
      3. Action providing for fines and bond forfeitures in excess of $1,000.00;
   3. Action adopting any form of taxation beyond that authorized by law or by the Constitution;
   4. Action affecting the exercise of the power of eminent domain;
   5. Action expanding the power of regulation over any business activity regulated by the Public Service Commission beyond that authorized by charter or general law or by the Constitution;
   6. Action affecting the jurisdiction of any court; and
   7. Action changing charter provisions relating to the establishment and operations of an independent school system.
2. The power granted in subsections (a) and (b) of Code Section 36-35-3 shall not include the power to take any action affecting the private or civil law governing private or civil relationships, except as is incident to the exercise of an independent governmental power.
3. Nothing in this Code section shall affect Code Sections 36-35-4 and 36-35-5.

History. Ga. L. 1965, p. 298, § 4; Ga. L. 1966, p. 296, §§ 2, 3; Ga. L. 1970, p. 346, § 1; Ga. L. 1973, p. 778, § 3; Ga. L. 1981, p. 497, § 1; Ga. L. 1983, p. 468, §§ 1, 2; Ga. L. 1984, p. 22, § 36; Ga. L. 1998, p. 295, § 3; Ga. L. 2015, p. 693, § 3-32/HB 233.

Editor’s notes.

Ga. L. 2015, p. 693, § 4-1/HB 233, not codified by the General Assembly, provides that: “This Act shall become effective on July 1, 2015, and shall apply to seizures of property for forfeiture that occur on or after that date. Any such seizure that occurs before July 1, 2015, shall be governed by the statute in effect at the time of such seizure.”

Law reviews.

For article, “The Municipal Home Rule Act of 1965 (this chapter),” see 3 Ga. St. B. J. 333 (1967).

For article surveying legislative and judicial developments in Georgia local government law for 1978-79, see 31 Mercer L. Rev. 155 (1979).

For annual survey of local government law, see 56 Mercer L. Rev. 351 (2004).

For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 1 (2015).