52-1-1. Short title.

This article shall be known and may be cited as the "Protection of Tidewaters Act."

(Code 1981, § 52-1-1 , enacted by Ga. L. 1992, p. 2317, § 1.)

Law reviews. - For note on 1992 enactment of this article, see 9 Ga. St. U.L. Rev. 354 (1992).

52-1-2. Legislative findings and declaration of policy; public trust doctrine for tidewaters.

The General Assembly finds and declares that the State of Georgia became the owner of the beds of all tidewaters within the jurisdiction of the State of Georgia as successor to the Crown of England and by the common law. The State of Georgia continues to hold title to the beds of all tidewaters within the state, except where title in a private party can be traced to a valid Crown or state grant which explicitly conveyed the beds of such tidewaters. The General Assembly further finds that the State of Georgia, as sovereign, is trustee of the rights of the people of the state to use and enjoy all tidewaters which are capable of use for fishing, passage, navigation, commerce, and transportation, pursuant to the common law public trust doctrine. Therefore, the General Assembly declares that the protection of tidewaters for use by the state and its citizens has more than local significance, is of equal importance to all citizens of the state, is of state-wide concern, and, consequently, is properly a matter for regulation under the police powers of the state. The General Assembly further finds and declares that structures located upon tidewaters which are used as places of habitation, dwelling, sojournment, or residence interfere with the state's proprietary interest or the public trust, or both, and must be removed to ensure the rights of the state and the people of the State of Georgia to the use and enjoyment of such tidewaters. It is declared to be a policy of this state and the intent of this article to protect the tidewaters of the state by authorizing the commissioner of natural resources to remove or require removal of certain structures from such tidewaters in accordance with the procedures and within the timetable set forth in this article.

(Code 1981, § 52-1-2 , enacted by Ga. L. 1992, p. 2317, § 1.)

Law reviews. - For survey article on real property law, see 59 Mercer L. Rev. 371 (2007). For survey article on law of torts, see 59 Mercer L. Rev. 397 (2007).

52-1-3. Definitions.

As used in this article, the term:

1. "Board" means the Board of Natural Resources.
2. "Commissioner" means the commissioner of natural resources.
3. "Structure" means any structure located upon any tidewaters of this state, whether such structure is floating upon such tidewaters and is made fast by the use of lines, cables, anchors, or pilings, or any combination thereof, or is built upon pilings embedded in the beds of such tidewaters when such structure is being or has been used or is capable of being used as a place of habitation, dwelling, sojournment, or residence for any length of time; is not being used or is not capable of being used as a means of transportation upon such tidewaters; and is not owned, occupied, or possessed pursuant to a permit issued by the commissioner pursuant to Code Section 52-1-10. Such structures may include, but are not limited to, vessels not being used in navigation; provided, however, that structures do not include live-aboards, as defined in Code Section 12-5-282. Structures shall also not include fishing camps, bait shops, restaurants, or other commercial establishments permitted under Part 4 of Article 4 of Chapter 5 of Title 12, the "Coastal Marshlands Protection Act of 1970," as amended, which do not discharge sewage into the waters of the state and are operated in conformance with the zoning ordinances, if any, of the municipality or county in which they are located.
4. "Tidewaters" means the sea and all rivers and arms of the sea that are affected by the tide, where the tide rises and falls, which are capable of use for fishing, passage, navigation, commerce, or transportation, and which are located within the jurisdiction of the State of Georgia. (Code 1981, § 52-1-3 , enacted by Ga. L. 1992, p. 2317, § 1; Ga. L. 1993, p. 91, § 52; Ga. L. 2012, p. 1074, § 4/SB 319.)

The 2012 amendment, effective July 1, 2012, substituted "live-aboards, as defined in Code Section 12-5-282" for "vessels which are capable of navigation and are tied up at marinas" in the second sentence of paragraph (3).

52-1-4. Declaration of public nuisance.

The existence of a structure as defined in this article is declared to be a public nuisance and unlawful.

(Code 1981, § 52-1-4 , enacted by Ga. L. 1992, p. 2317, § 1.)

52-1-5. Order for removal of structures; service and posting of order.

Whenever the commissioner determines that any structure as defined in this article exists, the commissioner may issue an order directed "TO ALL PERSONS IN POSSESSION OR CLAIMING OWNERSHIP OF THIS STRUCTURE." The order shall describe the structure in reasonable detail, shall set forth the unlawful nature of the structure, and shall order that the structure be removed within a reasonable time after the order becomes final to be prescribed in such order. Any order issued by the commissioner under this article shall be signed by the commissioner. Any such order shall become final unless any person in possession of the structure or any person claiming ownership of or an interest in the structure requests in writing a hearing pursuant to Code Section 52-1-6. The order shall apprise the person or persons of their right to request a hearing and of the procedures necessary to obtain a hearing pursuant to Code Section 52-1-6. The order, in all cases, shall be served by initially publishing the same once each week for two successive weeks in a newspaper printed and published in the county in which the structure is located or in a newspaper of general circulation in the county in which the structure is located. The order shall then be served by a peace officer upon any person of suitable age and discretion found in possession of the structure or, if no such person is found in possession of the structure, the peace officer shall securely post the order in a conspicuous place on the structure. Any order so posted must be protected from the weather by encasing same in a weatherproof, transparent material. The date of service shall be stated within the order. The return of the service signed by the peace officer and filed in the office of the commissioner, stating that a copy of such order was served either upon a person of suitable age and discretion in possession of the structure personally or that no such person was found in possession of the structure and that a copy of the order was posted in a conspicuous place on the structure in accordance with this Code section, shall be sufficient evidence as to the service of such person in possession; provided, however, that where the address of the person or persons claiming ownership of the structure is known, a copy of such order shall be mailed to such persons by certified mail or statutory overnight delivery as part of the service process during the period of time that the order is being published in the newspaper.

(Code 1981, § 52-1-5 , enacted by Ga. L. 1992, p. 2317, § 1; Ga. L. 2000, p. 1589, § 3.)

Editor's notes. - Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the Act shall be applicable with respect to notices delivered on or after July 1, 2000.

52-1-6. Hearings and review.

Any person in possession of the structure or any person claiming ownership of or an interest in the structure which is the subject of an order issued pursuant to Code Section 52-1-5 or Code Section 52-1-10 shall, upon petition in writing within 30 days after service of such order, have a right to a hearing before an administrative law judge appointed by the board. Such petition must be filed with the administrative law judge and must be received by the administrative law judge within such 30 day period. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," and the rules and regulations adopted by the board pursuant thereto. Unless waived by the commissioner, any person seeking a hearing has the burden of going forward with evidence regarding possession or ownership of or an interest in the structure, and the administrative law judge shall take evidence and hear arguments on this issue and thereafter make a ruling on this issue before continuing with the hearing. Any decision of the administrative law judge shall constitute the final decision of the board, and any party to the hearing, including the commissioner, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. The hearing and review procedure provided for the petitioner in this Code section is to the exclusion of all other means of hearing or review.

(Code 1981, § 52-1-6 , enacted by Ga. L. 1992, p. 2317, § 1.)

52-1-7. Seizure and removal of structures; notice; sale or disposal.

Whenever any order issued by the commissioner pursuant to Code Section 52-1-5 becomes final or whenever any order adverse to the owner or possessor of a structure issued by the administrative law judge pursuant to Code Section 52-1-6 becomes final by being unappealed or affirmed upon appeal, the structure shall be deemed contraband. Upon the structure's becoming contraband, the commissioner or his duly authorized agents shall seize and remove said structure and may sell or dispose of such structure in such manner as the commissioner may direct; provided, however, that prior to such seizure the commissioner shall securely post a notice in a conspicuous place on the structure and, if the address of any person or persons claiming ownership of or any person or persons in possession of the structure is known, the commissioner shall mail a copy of such notice to such person or persons by certified mail or statutory overnight delivery informing such person or persons claiming ownership of or in possession of the structure that such structure is considered contraband as a matter of law and that unless the structure is removed within 30 days of the date of the notice, the commissioner, through his duly appointed agents, shall seize and remove said structure and may sell or dispose of such structure in such manner as the commissioner may direct. Any such notice so posted must be protected from the weather by encasing same in a weatherproof, transparent material. In the event the commissioner sells the structure or the materials of such structure, he may credit and retain the proceeds of such sale against the cost of the removal and disposal of the structure and any remaining balance shall be deposited in the state treasury to the credit of the general fund.

(Code 1981, § 52-1-7 , enacted by Ga. L. 1992, p. 2317, § 1; Ga. L. 2000, p. 1589, § 3.)

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1992, "structure's" was substituted for "structure" in the second sentence.

Editor's notes. - Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the Act shall be applicable with respect to notices delivered on or after July 1, 2000.

52-1-8. Remedies not exclusive.

Except as otherwise provided for in this article, any remedy provided for in this article shall be in addition to any other remedy available to the state, any littoral proprietor within this state, or any other citizen of this state.

(Code 1981, § 52-1-8 , enacted by Ga. L. 1992, p. 2317, § 1.)

52-1-9. Allowance of time for finding new residence.

In the event the commissioner determines that the seizure and removal of a structure shall result in the removal of a person or persons from a permanent residence, the commissioner may, at the end of the 30 day period set forth in Code Section 52-1-7, allow a reasonable period of time for the structure inhabitants to find a new residence prior to the removal of the structure.

(Code 1981, § 52-1-9 , enacted by Ga. L. 1992, p. 2317, § 1.)

52-1-10. Issuance of permit; term; revocation.

1. The commissioner may, after July 1, 1992, issue a permit for a maximum term of five years for the location, usage, and possession of a structure which existed on February 1, 1992, upon tidewaters of the state; provided, however, that no permit shall be issued for any structure which does not conform to and meet the requirements of rules and regulations promulgated by the board establishing minimum standards of sanitation, safety, and construction.  No permit shall be issued for a term ending after June 30, 1997.
2. No permit issued by the commissioner pursuant to subsection (a) of this Code section shall be renewable and a permit may be revoked by the commissioner at any time during its term for failure to continue to meet the requirements of the board's rules. (Code 1981, § 52-1-10 , enacted by Ga. L. 1992, p. 2317, § 1.)

52-1-30. Short title.

This article shall be known and may be cited as the "Right of Passage Act."

(Code 1981, § 52-1-30 , enacted by Ga. L. 1992, p. 2317, § 1.)

Law reviews. - For note on 1992 enactment of this article, see 9 Ga. St. U.L. Rev. 354 (1992).

52-1-31. Legislative findings and declaration of policy.

The General Assembly finds and declares that by the common law the citizens of this state have an inherent right to use as highways all navigable streams and rivers which are capable of transporting boats loaded with freight in the regular course of trade either for the whole or part of the year and that this right of use extends to the entire surface of the stream or river from bank to bank. The General Assembly further finds that the common law regarding such right of use has not been modified by statute nor is it incompatible with the federal or state constitutions. Therefore, the General Assembly declares that ensuring the right of use by all the citizens of this state of navigable streams and rivers which are capable of transporting boats loaded with freight in the regular course of trade either for the whole or part of the year as highways has more than local significance, is of equal importance to all citizens of the state, is of state-wide concern, and, consequently, is properly a matter for regulation under the police powers of the state. The General Assembly further finds and declares that structures located upon navigable streams and rivers which are used as places of habitation, dwelling, sojournment, or residence interfere with the citizens' right to use the entire surface of such streams and rivers which are capable of transporting boats loaded with freight in the regular course of trade either for the whole or part of the year from bank to bank as highways and must be removed to ensure the rights of the citizens of this state to such usage. It is declared to be a policy of this state and the intent of this article to ensure such rights of the citizens of this state by authorizing the commissioner of natural resources to remove or require removal of certain structures from such streams and rivers which are capable of transporting boats loaded with freight in the regular course of trade either for the whole or part of the year in accordance with the procedures and within the timetable set forth in this article.

(Code 1981, § 52-1-31 , enacted by Ga. L. 1992, p. 2317, § 1.)

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1992, "constitutions" was substituted for "Constitutions" in the second sentence.

52-1-32. Definitions.

As used in this article, the term:

1. "Board" means the Board of Natural Resources.
2. "Commissioner" means the commissioner of natural resources.
3. "Navigable stream or river" means a stream or river which is capable of transporting boats loaded with freight in the regular course of trade either for the whole or a part of the year.
4. "Structure" means any structure located upon any navigable stream or river of this state, whether such structure is floating upon such navigable stream or river and is made fast by the use of lines, cables, anchors, or pilings, or any combination thereof, or is built upon pilings embedded in the beds of such navigable stream or river when such structure is being, has been, or is capable of being used as a place of habitation, dwelling, sojournment, or residence for any length of time; is not being used or is not capable of being used as a means of transportation upon such navigable stream or river; and is not owned, occupied, or possessed pursuant to a permit issued by the commissioner pursuant to Code Section 52-1-39 . Such structures may include, but are not limited to, vessels not being used in navigation; provided, however, that structures do not include live-aboards, as defined in Code Section 12-5-282 . Structures shall also not include fishing camps, bait shops, restaurants, or other commercial establishments permitted under Part 4 of Article 4 of Chapter 5 of Title 12, the "Coastal Marshlands Protection Act of 1970," as amended, which do not discharge sewage into the waters of the state and are operated in conformance with the zoning ordinances, if any, of the municipality or county in which they are located. (Code 1981, § 52-1-32 , enacted by Ga. L. 1992, p. 2317, § 1; Ga. L. 1993, p. 91, § 52; Ga. L. 2012, p. 1074, § 5/SB 319.)

The 2012 amendment, effective July 1, 2012, substituted "live-aboards, as defined in Code Section 12-5-282" for "vessels which are capable of navigation and are tied up at marinas" in the second sentence of paragraph (4).

52-1-33. Declaration of public nuisance.

The existence of a structure as defined in this article is declared to be a public nuisance and unlawful.

(Code 1981, § 52-1-33 , enacted by Ga. L. 1992, p. 2317, § 1.)

52-1-34. Order for removal of structures; service and posting of order.

Whenever the commissioner determines that any structure as defined in this article exists, the commissioner may issue an order directed "TO ALL PERSONS IN POSSESSION OR CLAIMING OWNERSHIP OF THIS STRUCTURE." The order shall describe the structure in reasonable detail, shall set forth the unlawful nature of the structure, and shall order that the structure be removed within a reasonable time after the order becomes final to be prescribed in such order. Any order issued by the commissioner under this article shall be signed by the commissioner. Any such order shall become final unless any person in possession of the structure or any person claiming ownership of or an interest in the structure requests in writing a hearing pursuant to Code Section 52-1-35. The order shall apprise the person or persons of their right to request a hearing and of the procedures necessary to obtain a hearing pursuant to Code Section 52-1-35. The order, in all cases, shall be served by initially publishing the same once each week for two successive weeks in a newspaper printed and published in the county in which the structure is located or in a newspaper of general circulation in the county in which the structure is located. The order shall then be served by a peace officer upon any person of suitable age and discretion found in possession of the structure or if no person is found in possession of the structure, the peace officer shall securely post the order in a conspicuous place on the structure. Any order so posted must be protected from the weather by encasing same in a weatherproof, transparent material. The date of service shall be stated within the order. The return of the service signed by the peace officer and filed in the office of the commissioner, stating that a copy of such order was served upon a person of suitable age and discretion in possession of the structure personally or that no such person was found in possession of the structure and that a copy of the order was posted in a conspicuous place on the structure in accordance with this Code section, shall be sufficient evidence as to the service of such person in possession; provided, however, that where the address of the person or persons claiming ownership of the structure is known, a copy of such order shall be mailed to such persons by certified mail or statutory overnight delivery as part of the service process during the period of time that the order is being published in the newspaper.

(Code 1981, § 52-1-34 , enacted by Ga. L. 1992, p. 2317, § 1; Ga. L. 2000, p. 1589, § 3.)

Editor's notes. - Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the Act shall be applicable with respect to notices delivered on or after July 1, 2000.

52-1-35. Hearings and review.

Any person in possession of the structure or any person claiming ownership of or an interest in the structure which is the subject of an order issued pursuant to Code Section 52-1-34 or Code Section 52-1-39 shall, upon petition in writing within 30 days after service of such order, have a right to a hearing before an administrative law judge appointed by the board. Such petition must be filed with the administrative law judge and must be received by the administrative law judge within such 30 day period. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," and the rules and regulations adopted by the board pursuant thereto. Unless waived by the commissioner, any person seeking a hearing has the burden of going forward with evidence regarding possession or ownership of or an interest in the structure, and the administrative law judge shall take evidence and hear arguments on this issue and thereafter make a ruling on this issue before continuing with the hearing. Any decision of the administrative law judge shall constitute the final decision of the board, and any party to the hearing, including the commissioner, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. The hearing and review procedure provided for the petitioner in this Code section is to the exclusion of all other means of hearing or review.

(Code 1981, § 52-1-35 , enacted by Ga. L. 1992, p. 2317, § 1.)

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1992, "Code Section 52-1-39" was substituted for "Code section 52-1-39" in the first sentence.

52-1-36. Seizure and removal of structures; notice; sale or disposal.

Whenever any order issued by the commissioner pursuant to Code Section 52-1-34 becomes final or whenever any order adverse to the owner or possessor of a structure issued by the administrative law judge pursuant to Code Section 52-1-35 becomes final by being unappealed or affirmed upon appeal, the structure shall be deemed contraband. Upon the structure's becoming contraband, the commissioner or his duly authorized agents shall seize and remove said structure and may sell or dispose of such structure in such manner as the commissioner may direct; provided, however, that prior to such seizure the commissioner shall securely post a notice in a conspicuous place on the structure and, if the address of any person or persons claiming ownership of or any person or persons in possession of the structure is known, the commissioner shall mail a copy of such notice to such person or persons by certified mail or statutory overnight delivery informing such person or persons claiming ownership of or in possession of the structure that such structure is considered contraband as a matter of law and that unless the structure is removed within 30 days of the date of the notice, the commissioner, through his duly appointed agents, shall seize and remove said structure and may sell or dispose of such structure in such manner as the commissioner may direct. Any such notice so posted must be protected from the weather by encasing same in a weatherproof, transparent material. In the event the commissioner sells the structure or the materials of such structure, he may credit and retain the proceeds of such sale against the cost of the removal and disposal of the structure and any remaining balance shall be deposited in the state treasury to the credit of the general fund.

(Code 1981, § 52-1-36 , enacted by Ga. L. 1992, p. 2317, § 1; Ga. L. 2000, p. 1589, § 3.)

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1992, "structure's" was substituted for "structure" in the second sentence.

Editor's notes. - Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the Act shall be applicable with respect to notices delivered on or after July 1, 2000.

52-1-37. Remedies not exclusive.

Except as otherwise provided for in this article, any remedy provided for in this article shall be in addition to any other remedy available to the state, any riparian owner within this state, or any other citizen of this state. Further, nothing in this article shall be construed as limiting any right that the state or any citizen of this state has regarding the right of passage on any stream or river in this state whether or not it is navigable as "navigable stream or river" is defined in this article.

(Code 1981, § 52-1-37 , enacted by Ga. L. 1992, p. 2317, § 1.)

52-1-38. Allowance of time for finding new residence.

In the event the commissioner determines that the seizure and removal of a structure shall result in the removal of a person or persons from a permanent residence, the commissioner may, at the end of the 30 day period set forth in Code Section 52-1-36, allow a reasonable period of time for the structure inhabitants to find a new residence prior to the removal of the structure.

(Code 1981, § 52-1-38 , enacted by Ga. L. 1992, p. 2317, § 1.)

52-1-39. Issuance of permit; term; revocation.

1. The commissioner may, after July 1, 1992, issue a permit for a maximum term of five years for the location, usage, and possession of a structure which existed on February 1, 1992, upon a navigable river or navigable stream of the state; provided, however, that no permit shall be issued for any structure which does not conform to and meet the requirements of rules and regulations promulgated by the board establishing minimum standards of sanitation, safety, and construction.  No permit shall be issued for a term ending after June 30, 1997.
2. No permit issued by the commissioner pursuant to subsection (a) of this Code section shall be renewable and a permit may be revoked by the commissioner at any time during its term for failure to continue to meet the requirements of the board's rules. (Code 1981, § 52-1-39 , enacted by Ga. L. 1992, p. 2317, § 1.)

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1992, "issue" was substituted for "issued" in subsection (a).

52-2-1. Short title.

This chapter may be cited as the "Georgia Ports Authority Act."

(Ga. L. 1945, p. 464, § 1.)

52-2-2. Definitions.

As used in this chapter, the term:

1. "Authority" means the Georgia Ports Authority created by Code Section 52-2-4.
2. "Bonds" or "revenue bonds" means any bonds issued by the authority under this chapter, including refunding bonds.
3. "Cost of the project" means the cost of acquisition and construction, the cost of all lands, properties, rights, easements, and franchises acquired, the cost of all machinery and equipment, financing charges, interest prior to and during construction or installation and for up to three years after completion of construction or installation, cost of engineering, architectural, and legal expenses and of plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expense, the costs of establishing and maintaining any necessary funds and reserve funds with respect to the financing or operation of any project, and such other expenses as may be necessary or incident to the financing herein authorized, including the fees and costs of trustees, paying agents, remarketing agents, and other fiscal agents, costs of bond insurance, letter of credit fees, reimbursement agreement fees, and other loan, credit enhancement, or guarantee fees and, to the completion of construction or installation of any project, the placing of the same in operation, and the condemnation of property necessary for such construction, installation, and operation.
4. "Harbor" includes any place natural or artificial in which vessels capable of moving articles of commerce on water may be loaded, unloaded, or accommodated.
5. "Port" and "seaport" include any place natural or artificial in which seagoing vessels may be sheltered or loaded or unloaded.
6. "Project" includes wharves, docks, ships, piers, quays, elevators, cranes, cargo handling equipment, computer hardware and software, technology, compresses, refrigeration storage plants, and warehouses and may include buildings and facilities or equipment and machinery to be used in the manufacturing, processing, assembling, storing, or handling of any cargo, agricultural or manufactured produce or products or produce and products of mining or industry, if the use and operation thereof, in the judgment of the authority, will result in the increased use of port facilities, the development of the system of state docks, or, in connection therewith, promote the agricultural, industrial, and natural resources of this state; provided, however, that no such building or facility shall be constructed by the authority unless the building or facility is located on or in the environs of property in which the authority has an interest. Any project may include other structures and any and all facilities needful for the convenient use of the same in the aid of commerce, including the dredging of harbors and approaches thereto and the construction of belt-line railroads, railroad sidings, roads, highways, bridges, causeways, and approaches, necessary or useful in connection therewith, and shipping facilities and transportation facilities incident thereto and useful or convenient for the use thereof, including terminal railroads, and also airports, seaplane bases, and air transportation terminals. There may be included as a part of any project any public utility facilities necessary or desirable to supply public utility services to other parts of such project or to the users of any of the facilities of the authority, which public utility facilities may include, without limitation, facilities for the supplying of electricity, gas, and water and for the collection and disposal of storm and sanitary sewage. There may be included as part of any project all appurtenances, equipment, and machinery of every kind and nature necessary or desirable for the full utilization of the project.

   (Ga. L. 1945, p. 464, § 3; Ga. L. 1946, p. 60, § 2; Ga. L. 1949, p. 778, § 4; Ga. L. 1963, p. 342, § 1; Ga. L. 1964, p. 88, § 1; Ga. L. 2010, p. 897, § 1/HB 1060.)

The 2010 amendment, effective June 3, 2010, in paragraph (3), inserted "or installation" throughout the paragraph, inserted "acquisition and" near the beginning, substituted "up to three years" for "one year", inserted "the costs of establishing and maintaining any necessary funds and reserve funds with respect to the financing or operation of any project,", substituted "including the fees and costs of trustees, paying agents, remarketing agents, and other fiscal agents, costs of bond insurance, letter of credit fees, reimbursement agreement fees, and other loan, credit enhancement, or guarantee fees and, to the completion of" for "the", and inserted ", installation," near the end of the paragraph; and, in paragraph (6), in the first sentence, inserted "cranes, cargo handling equipment, computer hardware and software, technology," near the beginning, inserted "or equipment and machinery", inserted "cargo,", inserted "that", substituted "shall" for "may", and substituted "in which the authority has an interest" for "now owned by the authority, or hereafter acquired by the authority, for port development purposes" at the end, inserted "harbors and" in the second sentence, and deleted "but" preceding "without limitation" in the third sentence.

52-2-3. Projects which may be considered self-liquidating; lease or sale of manufacturing or processing facilities; inclusion in projects of leased facilities and facilities acquired for use as ports.

Any project shall be deemed self-liquidating if, in the judgment of the authority, the revenues and earnings of the authority or of the project or from the terminal or facilities of which the project shall become a part will be sufficient to pay the cost of constructing, maintaining, repairing, and operating the project and to pay the principal and interest of revenue bonds which may be issued for the cost of such project. Any buildings or facilities acquired by the authority under this chapter which are to be utilized in the manufacturing, processing, assembling, storing, or handling of any agricultural or manufactured produce or products or produce and products of mining or industry, which may be acquired by the authority for operation by a corporation, entity, or persons other than the authority, as distinguished from facilities acquired by the authority for operation by it as a port and allied facilities for the direct use of the public, shall be acquired and financed under this chapter only if, prior to the issuance of bonds therefor, the authority shall have entered into a lease or leases thereof or an agreement or agreements for the sale thereof pursuant to the terms of which the lessees or purchasers shall pay to the authority such rentals or installment purchase payments, or both, as upon the basis of determinations and findings to be made by the authority will be fully sufficient to pay principal of and interest on the bonds issued by the financing thereof, to build up and maintain any reserves deemed by the authority to be advisable in connection therewith, and to pay the cost of maintaining the buildings and facilities in good repair and of keeping them properly insured, unless the leases or agreements obligate the lessees or purchasers to pay for such insurance or maintenance. The authority is given full power and discretion to enter into any such agreements or leases as may in its judgment be desirable for the best interests of the authority. Any such agreement or lease may provide that any surplus capacity of the buildings or facilities which are the subject matter thereof may be utilized by and for the benefit of the general public, in which event, such surplus capacity may be maintained or operated, or both, by either the authority or by the lessee or purchaser under the lease or agreement, or in part by each, all as may be provided in the lease or agreement. Any project may include in part one or more buildings or facilities or combinations thereof to be leased or sold as provided in this Code section and in part other facilities described in paragraph (6) of Code Section 52-2-2, the revenues of the whole being allocated and pledged to the financing of the project as a whole; and in such event, the requirements of this Code section applicable to buildings or facilities to be leased or sold shall be applicable only to the part of the project which consists of the buildings or facilities to be so leased or sold.

(Ga. L. 1945, p. 464, § 3; Ga. L. 1946, p. 60, § 2; Ga. L. 1963, p. 342, § 2; Ga. L. 2010, p. 897, § 2/HB 1060.)

The 2010 amendment, effective June 3, 2010, in the first sentence, deleted the quotation marks around "self-liquidating" and substituted "of the authority or of the project or from the terminal or facilities of which the project shall become a part" for "thereof" in the middle, inserted a comma following "event" in the middle of the next-to-last sentence, and, in the last sentence, substituted "Code section" for "paragraph" twice and inserted a comma following "event" near the middle.

52-2-4. Creation of authority; status of authority as an instrumentality of state and a public corporation.

There is created a body corporate and politic, to be known as the Georgia Ports Authority, which shall be deemed to be an instrumentality of the State of Georgia and a public corporation; and by that name, style, and title the authority may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts.

(Ga. L. 1945, p. 464, § 2; Ga. L. 1949, p. 778, § 1; Ga. L. 1955, p. 120, § 1; Ga. L. 1966, p. 457, § 2.)

52-2-5. Composition of authority; appointment, terms, and qualifications of members generally; filling of vacancies; election of chairperson, vice chairperson, and secretary-treasurer; quorum.

1. The authority shall consist of 12 members to be appointed by the Governor from the state at large.
2. The nine members of the authority in office immediately prior to May 1, 2000, shall serve out the remainder of the terms for which they were appointed, all of such terms expiring on June 30 of the year of expiration. In addition to said nine members, the Governor shall appoint three members for terms to expire June 30, 2004. The director of the Office of Planning and Budget or his or her designee as approved by the Governor shall serve as an ex officio member of the authority.
3. Successors to the members referred to in subsection (b) of this Code section and future successors shall each be appointed for a term of four years, which term shall begin on the day following the expiration of the term of office of the member such person is appointed to succeed. Any member of the authority shall be eligible for reappointment. Any person appointed to fill a vacancy shall serve only for the remainder of the unexpired term.
4. The authority shall elect one of its members as chairperson and another member as vice chairperson and shall also elect a secretary-treasurer who shall not necessarily be a member of the authority.
5. Seven members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the authority.

   (Ga. L. 1945, p. 464, § 2; Ga. L. 1955, p. 120, § 1; Ga. L. 1966, p. 457, § 1; Ga. L. 1973, p. 945, § 1; Ga. L. 1992, p. 1014, § 1; Ga. L. 2000, p. 1588, § 1; Ga. L. 2001, p. 4, § 52.)

Code Commission notes. - Pursuant to Code Section 28-9-5, in 2000, "May 1, 2000," was substituted for "the effective date of this Act" in the first sentence of subsection (b).

52-2-6. Compensation of members and reimbursement for expenses.

The members of the authority shall be compensated in the amount of $40.00 per day, plus actual expenses incurred, for each day's service spent in the performance of the duties of the authority. Such compensation shall be limited to 150 days for the chairman and 60 days for each of the other members of the authority during any one fiscal year.

(Ga. L. 1945, p. 464, § 2; Ga. L. 1955, p. 120, § 1; Ga. L. 1960, p. 150, § 1; Ga. L. 1966, p. 457, § 2; Ga. L. 1978, p. 1383, § 1.)

Cross references. - Compensation of members of public agencies, § 45-7-6 .

52-2-7. Making of rules and regulations; delegation of powers and duties; perpetual existence of authority.

The authority shall make necessary rules and regulations for its own government. The authority may delegate to one or more of its members or to its officials, agents, or employees such powers and duties as it may deem proper. The authority shall have perpetual existence.

(Ga. L. 1945, p. 464, § 2; Ga. L. 1949, p. 778, § 2; Ga. L. 1955, p. 120, § 1; Ga. L. 1966, p. 457, § 2.)

52-2-8. Eligibility for membership.

No person shall be eligible for membership on the Georgia Ports Authority who shall also be at the time of appointment or who shall thereafter become a member of any local port authority of any city, town, county, or district.

(Ga. L. 1949, p. 778, § 2; Ga. L. 1955, p. 120, § 1; Ga. L. 1966, p. 457, § 2.)

52-2-9. Powers of authority generally.

The authority shall have the following powers:

1. To have a seal and alter the same at pleasure;
2. To acquire, hold, and dispose of personal property for its corporate purposes;
3. To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with and subject to any and all existing laws applicable to the condemnation of property for public use, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or to dispose of the same in any manner it deems to the best advantage of the authority. The authority shall be under no obligation to accept and pay for any property condemned under this chapter, except from the funds provided under the authority of this chapter. In any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceeding as may be just to the authority and to the owners of the property to be condemned. No property shall be acquired under this chapter upon which any lien or other encumbrance exists unless at the time the property is so acquired a sufficient sum of money is deposited in trust to pay and redeem the lien or encumbrance in full; provided, however, that nothing in this paragraph shall prohibit the authority from acquiring property, real or personal, tangible or intangible, from the Brunswick Port Authority as otherwise authorized under this chapter and the laws of this state; and, if the authority deems it expedient to construct any project on lands the title to which then is in the State of Georgia, the Governor is authorized to convey, for and in behalf of the state, title to such lands to the authority upon payment to the Office of the State Treasurer for the credit of the general fund of the state treasury of the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the Governor and the chairperson of the authority;
4. To appoint and select officers, agents, and employees, including engineering, architectural, and construction experts and attorneys, and to fix their compensation;
5. To make contracts and to execute all instruments necessary or convenient, including contracts for acquisition, construction, and installation of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and to make such contracts and leases with the state, state institutions, and departments and agencies of the state; rentals under leases with the state or any department, agency, or institution of the state shall be paid as provided in the lease contracts from funds appropriated for such purposes by the terms of the Constitution of this state or from any other funds lawfully available;
6. To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, as defined in paragraph (6) of Code Section 52-2-2, to be located on property owned by the authority, the cost of any such project to be paid from the proceeds of revenue bonds or other obligations of the authority or from such proceeds and any grant from the United States of America or any agency or instrumentality thereof;
7. To accept loans and grants, either or both, of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may impose and to comply with such terms and conditions; including but not limited to the power to provide indemnification on behalf of the authority or any other agency or instrumentality of the state if such other agency or instrumentality be an equal participant with the authority as a nonfederal sponsor of a congressionally authorized civil works project for the benefit of the United States of America or any agency or instrumentality thereof, which power has existed since the creation of the authority;
8. To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable from earnings of such projects and to provide for the payment of the same and for the rights of the holders thereof;
9. To exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution and laws of this state;
10. To do all things necessary or convenient to carry out the powers expressly given in this chapter;
11. To act as agent for the United States of America or any agency, department, corporation, or instrumentality thereof in any matter coming within the purposes or powers of the authority;
12. To adopt, alter, or repeal its own bylaws, rules, and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the authority may deem necessary or expedient in facilitating its business;
13. To do any and all other acts and things in this chapter authorized or required to be done, whether or not included in the general powers mentioned in this Code section;
14. To receive gifts, donations, or contributions from any person, firm, or corporation;
15. To contract with any municipality or county for the leasing, operation, or management of real or personal property in or adjacent to any seaport of this state;
16. To develop and improve the harbors or seaports of this state for the handling of waterborne commerce from and to any part of this state and other states and foreign countries;
17. To acquire, construct, equip, maintain, develop, and improve said harbors or seaports and their port facilities;
18. To foster and stimulate the shipment of freight and commerce through such ports, whether originating within or without this state, including the investigation and handling of matters pertaining to all transportation rates and rate structures affecting the same;
19. To own, lease, and operate tug boats, locomotives, and any and every kind of character of motive power and conveyances or appliances necessary or proper to carry passengers, goods, wares, merchandise, or articles of commerce in, on, or around its projects;
20. To hold, use, administer, and expend such sum or sums as may hereafter be appropriated by authority of the General Assembly for any of the purposes of the authority;
21. To do any other things necessary or proper to foster or encourage the commerce, domestic or foreign, of the state, of the United States of America, or of the several sister states; and
22. To appoint and select employees designated as security guards who shall have a limited power to make arrests for certain offenses committed on any property under the jurisdiction of the Georgia Ports Authority.

    (Ga. L. 1945, p. 464, § 4; Ga. L. 1963, p. 342, § 3; Ga. L. 1976, p. 1640, § 1; Ga. L. 1982, p. 3, § 52; Ga. L. 1988, p. 254, § 1; Ga. L. 1993, p. 1402, § 18; Ga. L. 2010, p. 863, § 2/SB 296; Ga. L. 2010, p. 897, § 3/HB 1060; Ga. L. 2015, p. 1, § 2/SB 5; Ga. L. 2016, p. 864, § 52/HB 737.)

The 2010 amendments. The first 2010 amendment, effective July 1, 2010, substituted "Office of the State Treasurer" for "Office of Treasury and Fiscal Services" in the last sentence of paragraph (3). The second 2010 amendment, effective June 3, 2010, in the last sentence of paragraph (3), substituted "general fund of the state treasury" for "sinking fund of the state" and substituted "chairperson" for "chairman"; in paragraph (5), substituted "acquisition, construction, and installation" for "construction" and added "or from any other funds lawfully available" at the end; and inserted "or other obligations" near the end of paragraph (6).

The 2015 amendment, effective February 23, 2015, added the language following "instrumentality may impose" in paragraph (7).

The 2016 amendment, effective May 3, 2016, part of an Act to revise, modernize, and correct the Code, revised punctuation in paragraph (7).

Code Commission notes. - Pursuant to Code Section 28-9-5, in 2011, a semicolon was substituted for a period at the end of paragraph (5).

Editor's notes. - Ga. L. 2015, p. 1, § 1/SB 5, not codified by the General Assembly, provides: "This Act is enacted pursuant to Article III, Section VI, Paragraph II(a)(3) of the Constitution of Georgia."

52-2-10. Applicability of traffic laws; enforcement by peace officers; traffic citations; issuance of bench warrant upon failure of offender to appear; enforcement of dock related city ordinances; venue.

1. 1. The motor vehicle traffic laws for this state shall apply to all roads within the jurisdiction of the Georgia Ports Authority; provided, however, that the authority may determine and declare reasonable, safe, and lawful speed limits on all roads within its jurisdiction.
   2. Those regular employees of the Georgia Ports Authority designated as peace officers shall have the power to arrest for traffic offenses committed on any property under the jurisdiction of the Georgia Ports Authority.
   3. Such arrest may be effected by issuance of a citation, provided the offense is committed in the presence of the arresting peace officer.
   4. A citation issued by a peace officer shall enumerate the specific charges against the offender and the date on which the offender is to appear and answer the charges.
   5. If the offender fails to appear as specified in the citation, the judge having jurisdiction of the offense may issue a warrant ordering the apprehension of such person and commanding that he or she be brought before the court to answer the charges contained in the citation and the charge of his or her failure to appear as required. The person shall be allowed to make a reasonable bond to appear on a given date before the court.
   6. Peace officers shall be subject to Chapter 13 of Title 40, relating to uniform traffic citation and complaint forms.
2. Peace officers of the Georgia Ports Authority may arrest for violations of dock related city ordinances where applicable.
3. All powers of arrest granted in this Code section shall exist only on property under the jurisdiction of the Georgia Ports Authority or while in hot pursuit of one whom the peace officer observed commit an offense within the jurisdiction of the authority as provided in subsections (a) and (b) of this Code section.
4. All offenders apprehended for offenses committed within the jurisdiction of the Georgia Ports Authority shall be tried by the appropriate city, county, or state tribunal.
5. All peace officers of the Georgia Ports Authority shall be subject to the requirements of Chapter 8 of Title 35, the "Georgia Peace Officer Standards and Training Act."
6. While in the performance of their duties, peace officers of the Georgia Ports Authority shall have the same powers of arrest and the same powers to enforce law and order as the sheriff of the county and the chief of police of the county or municipality in this state wherein any such peace officer is performing his or her duty. While in the performance of their duties, any such peace officers shall be authorized to exercise such powers and duties as are authorized by law for members of the Uniform Division of the Department of Public Safety. Such peace officers shall be subject to the requirements of Chapter 8 of Title 35, the "Georgia Peace Officer Standards and Training Act," and are specifically required to complete the training required for peace officers by that chapter.
7. While in the performance of their duties, peace officers of the Georgia Ports Authority shall have the right to issue citations to vehicles parked in areas not specifically designated for the parking of vehicles while on the properties of the Georgia Ports Authority's terminals. The issuance of any such parking citation shall require the person who parked said vehicle to respond by the payment of a fine in the amount of $25.00 or by appearing in the court which handles misdemeanor traffic offenses for the county in which the terminal is located, in which event the amount of the fine shall be fixed at the discretion of the judge of said court, but in no event shall the fine exceed $25.00. In addition to the right to issue parking citations, peace officers of the Georgia Ports Authority shall have the right to remove improperly parked cars or vehicles in accordance with the provisions of Code Section 44-1-13.

   (Ga. L. 1976, p. 1640, § 2; Ga. L. 1980, p. 503, § 1; Ga. L. 1982, p. 3, § 52; Ga. L. 1992, p. 6, § 52; Ga. L. 1994, p. 879, § 1; Ga. L. 1995, p. 10, § 52; Ga. L. 2010, p. 1141, § 1/HB 958.)

The 2010 amendment, effective June 4, 2010, throughout this Code section, substituted "peace officers" for "security guards", "peace officer" for "security guard", and "Peace officers" for "Security guards"; in the first sentence of paragraph (a)(5), inserted "or she" and inserted "or her"; substituted the present provisions of subsection (e) for the former provisions, which read: "Regular employees of the Georgia Ports Authority designated as security guards shall not be subject to the requirements of Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act,' nor shall said guards be subject to Chapter 38 of Title 43, the 'Georgia Private Detective and Security Agencies Act.'"; in subsection (f), in the first sentence, substituted "peace officers" for "those regular employees", deleted "designated as investigators of Georgia certified peace officers" preceding "shall have", and deleted "investigator or Georgia certified" preceding "peace officer", deleted "investigators or Georgia certified" preceding "peace officers" in the second and third sentences; and, in the first and last sentences of subsection (g), substituted "peace officers" for "those regular employees" and deleted "designated as investigators or certified peace officers of the State of Georgia" following "Authority". See the editor's note for applicability.

Cross references. - Exercise of power of arrest generally, T. 17, C. 4.

Rules of the road, T. 40, C. 6.

Editor's notes. - Ga. L. 2010, p. 1141, § 2, not codified by the General Assembly, provides, in part: "this Act shall not apply to persons hired by the Georgia Ports Authority for security purposes on March 18, 1991, or August 8, 1997. The provisions of Code Section 52-2-10 of the Official Code of Georgia Annotated in effect at the time that this Act is adopted shall continue to apply to such persons."

52-2-11. Power of authority to borrow money, to execute evidences of indebtedness, and to secure such indebtedness; sale and other disposition of property; utilization of proceeds of sale.

The Georgia Ports Authority shall have and may exercise the following powers:

1. The authority may borrow money for its corporate purposes and may execute and deliver long-term and short-term notes, commercial paper, bond anticipation notes, and other obligations or evidences of indebtedness therefor and may secure such indebtedness in such manner as the authority may provide by its resolution authorizing the indebtedness to be incurred, provided that the authority shall not pledge to the payment of the indebtedness revenue pledged to the payment of any other indebtedness then outstanding or encumber property in violation of the terms of any existing contract, agreement, or trust indenture securing existing indebtedness.
2. The authority may from time to time sell or otherwise dispose of surplus personal property and may sell or otherwise dispose of land and any improvements thereon acquired by the authority pursuant to law and which the authority may determine is not required for port or warehouse operations or for the future expansion and improvement of the state system of docks, including property which is suitable for industrial development. Any such property may be sold, leased, or otherwise disposed of upon such terms and conditions as may be provided by resolution of the authority. The proceeds of any such sale shall be used by the authority for the purposes provided by law. However, any sale of land or leasing of same and mortgaging of same or conveying the same as security for a loan as provided under this Code section shall be first approved in writing by the Governor, the state auditor, and the Attorney General.

   (Ga. L. 1958, p. 714, § 1; Ga. L. 1982, p. 3, § 52; Ga. L. 2010, p. 897, § 4/HB 1060.)

The 2010 amendment, effective June 3, 2010, inserted "and deliver long-term and short-term notes, commercial paper, bond anticipation notes, and other obligations or" near the beginning of paragraph (1).

52-2-12. Funds for acquisition of land and construction of port facilities.

The Governor may make available to the Georgia Ports Authority for the purpose of acquiring necessary lands, including improvements thereon, as well as for constructing buildings, terminals, and other port facilities, any funds appropriated for the construction of port facilities. Any land so acquired shall be conveyed to the Georgia Ports Authority.

(Ga. L. 1958, p. 714, § 2.)

52-2-13. Approval and consent of State Properties Commission for acquisition of real property by authority.

Notwithstanding any other provisions of this chapter, the authority shall not purchase any real property without the approval and consent of the State Properties Commission.

(Ga. L. 1958, p. 714, § 2A.)

Cross references. - Acquisition of real property by state agencies generally, § 50-16-30 et seq.

52-2-14. Conveyance of Medical Depot site to authority; power to sell conveyed surplus lands and improvements; power to borrow and to issue revenue anticipation certificates.

The Governor of this state is authorized to convey, for and in behalf of the state, title to lands and improvements known as the Medical Depot site in Chatham County, Georgia, adjacent to the Savannah River. For a more particular description, reference is made to the deed conveying the site from the State of Georgia to the Georgia Ports Authority upon payment of such nominal sum to the Office of the State Treasurer as may be agreed upon by the Governor and the authority. The authority shall have the power to sell any portions of land or improvements, or both, thus conveyed as are not required for port or warehouse operations or for the future expansion or improvement of the operation of a system of state docks, provided that any moneys received incident to such sales shall be utilized by the authority for the further expansion, construction, and improvement of the existing facilities located at the Medical Depot site in Chatham County on the Savannah River. The authority is empowered to borrow money on the existing facilities as described in this Code section and to issue revenue anticipation certificates to be retired from the revenue derived from the described facilities. All such sums, whether borrowed or secured through the sale of revenue anticipation certificates, shall be used for the exclusive purpose of developing a system of state docks at the site of the Medical Depot described in this Code section or for the purchase of necessary and essential equipment to be located thereon, or both, and for any and all purposes deemed necessary, essential, and expedient for the purpose of developing the site as a part of a system of state docks.

(Ga. L. 1949, p. 778, § 4; Ga. L. 1982, p. 3, § 52; Ga. L. 1993, p. 1402, § 18; Ga. L. 2010, p. 863, § 2/SB 296.)

The 2010 amendment, effective July 1, 2010, substituted "Office of the State Treasurer" for "Office of Treasury and Fiscal Services" in the middle of the second sentence.

52-2-15. Revenue bonds - Issuance; payment of principal and interest from special fund; dating of bonds; determination of rate of interest; time of maturity; redemption before maturity.

The authority shall have the power and is authorized at one time or from time to time to provide by resolution for the issuance of negotiable revenue bonds of the authority for the purpose of paying all or any part of the cost as defined in this chapter of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund provided in this chapter for such payment. The bonds of each issue shall be dated, shall bear interest at the lowest rate obtainable by negotiation or, if the authority deems it necessary, by the taking of competitive bids, payable as determined by the authority at time of issue, shall mature at such time or times as the authority may determine at the time of issue, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be made redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds.

(Ga. L. 1945, p. 464, § 5; Ga. L. 1949, p. 778, § 3; Ga. L. 1963, p. 342, § 4; Ga. L. 1974, p. 589, § 1.)

Cross references. - Revenue bonds generally, § 36-82-60 et seq.

52-2-16. Revenue bonds - Form of bonds; denominations; place of payment of principal and interest.

The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places for payment of principal and interest thereof, which may be at any bank or trust company within or outside the state.

(Ga. L. 1945, p. 464, § 5.)

52-2-17. Revenue bonds - Signatures; seal.

In case any officer whose signature appears on any bonds or whose facsimile signature appears on any coupons ceases to be such officer before the delivery of the bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until the delivery. All such bonds shall be signed by the chairman of the authority and the official seal of the authority shall be affixed thereto and attested by the secretary-treasurer of the authority and any coupons attached thereto shall bear the facsimile signature of the chairman of the authority. Any coupon may bear the facsimile signature of such person and any bond may be signed, sealed, and attested on behalf of the authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of the bond such persons may not have been so authorized or shall not have held such office.

(Ga. L. 1945, p. 464, § 5.)

52-2-18. Revenue bonds - Status of bonds as negotiable instruments; tax exemption for bonds and for income therefrom.

All revenue bonds issued under this chapter shall have and are declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments laws of the state. Such bonds and the income therefrom shall be exempt from all taxation within the state.

(Ga. L. 1945, p. 464, § 5.)

52-2-19. Revenue bonds - Issuance in coupon, registered, or book-entry form.

The bonds may be issued in coupon, registered, or book-entry form, as the authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest.

(Ga. L. 1945, p. 464, § 5; Ga. L. 2010, p. 897, § 5/HB 1060.)

The 2010 amendment, effective June 3, 2010, substituted "coupon, registered, or book-entry form," for "coupon or in registered form, or both," near the beginning.

52-2-20. Revenue bonds - Determination of price; use and manner of disbursement of proceeds; procedure where proceeds are less than or greater than cost of projects.

The authority may sell such bonds in such manner and for such price as it may determine to be for the best interests of the authority. The proceeds of the bonds shall be used solely for the payment of the costs of the project or projects and shall be disbursed upon requisition or order of the chairman of the authority under such restrictions, if any, as the resolution authorizing the issuance of the bonds or the trust indenture hereinafter mentioned in this chapter may provide. If the proceeds of the bonds, by error of calculation or otherwise, shall be less than the cost of the project or projects, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of the deficit, which, unless otherwise provided in the resolution authorizing the issuance of the bonds or the trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which the bonds are issued, the surplus shall be paid into the fund hereinafter provided for the payment of principal and interest of such bonds.

(Ga. L. 1945, p. 464, § 5; Ga. L. 1974, p. 589, § 1.)

52-2-21. Revenue bonds - Issuance of interim receipts, interim certificates, and temporary bonds; replacement of mutilated, destroyed, or lost bonds.

Prior to the preparation of definitive bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter. The authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost.

(Ga. L. 1945, p. 464, § 5.)

52-2-22. Revenue bonds - Conditions precedent to issuance; application of bonds of a single issue to payment of one or more projects; effective date of resolutions providing for issuance; passage of resolutions.

Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this chapter. In the discretion of the authority, revenue bonds in a single issue may be issued for the purpose of paying the costs of any one or more projects. Any resolution providing for the issuance of revenue bonds under this chapter shall become effective immediately upon its passage and need not be published or posted and any such resolution may be passed at any regular or special or adjourned meeting of the authority by a majority of its members.

(Ga. L. 1945, p. 464, § 5.)

52-2-23. Revenue bonds - Aid by Georgia State Financing and Investment Commission.

Whenever the authority determines to issue its bonds or other obligations, it shall obtain the approval of the Georgia State Financing and Investment Commission and otherwise comply with the provisions of Article 2 of Chapter 17 of Title 50, the "Georgia State Financing and Investment Commission Act."

(Ga. L. 1967, p. 874, § 1; Ga. L. 2010, p. 897, § 6/HB 1060.)

The 2010 amendment, effective June 3, 2010, substituted the present provisions of this Code section for the former provisions, which read: "Whenever the authority determines to issue its bonds, it shall call upon the Georgia Building Authority to render advice and to perform, as its agent, ministerial services in connection with the marketing of the bonds."

52-2-24. Revenue bonds - Status of bonds as a debt of state or a pledge of faith and credit of state; issuance as obligating state to levy tax or make appropriation; obligation of state and authority to pay principal and interest on bonds otherwise than from earnings of projects; recitals on face of bonds.

Revenue bonds issued under this chapter shall not be deemed to constitute a debt of the State of Georgia or a pledge of the faith and credit of the state, but such bonds shall be payable solely from the fund provided in this chapter therefor from earnings. The issuance of such revenue bonds shall not directly or indirectly or contingently obligate the state to levy or to pledge any form of taxation whatever therefor from earnings; and the issuance of such revenue bonds shall not directly or indirectly or contingently obligate the state to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. Neither the state nor the authority shall be obligated to pay the principal of or the interest on such revenue bonds except from earnings of the project or projects for which they shall be issued. All such revenue bonds shall contain recitals on their face covering the foregoing provisions of this Code section.

(Ga. L. 1945, p. 464, § 6.)

52-2-25. Revenue bonds - Securing of bonds by trust indenture.

In the discretion of the authority, any issue of such revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the state. Such trust indenture may pledge or assign revenues and earnings to be received. Either the resolution providing for the issuance of revenue bonds or the trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair, and insurance of the project, and the custody, safeguarding, and application of all moneys; may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority and satisfactory to the original purchasers of the bonds issued therefor; may also require that the security given by contractors and by any depositary of the proceeds of the bonds or revenues or other moneys be satisfactory to the purchasers; and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depositary and to furnish such indemnifying bonds or pledge such securities as may be required by the authority. The indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, the trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out the trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project or projects affected by the indenture.

(Ga. L. 1945, p. 464, § 8.)

52-2-26. Revenue bonds - Remedies of bondholders and trustee.

Any holder of revenue bonds issued under this chapter or any of the coupons appertaining thereto and the trustee under the trust indenture, if any, except to the extent the rights given in this chapter may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights granted under the laws of this state, granted under this chapter, or granted under such resolution or trust indenture, and may enforce and compel performance of all duties required by this chapter or by such resolution or trust indenture to be performed by the authority, or any officer thereof, including the fixing, charging, and collecting of revenues and other charges for the use of the project or projects; but no holder of any such bond shall have the right to compel any exercise of the taxing power of the state to pay any such bond or the interest thereon or to enforce the payment thereof against any property of the state nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the state. Any provision of this chapter or any other law to the contrary notwithstanding, any such bondholder or trustee shall have the right by appropriate legal or equitable proceedings (including, without being limited to, mandamus) to enforce compliance by the appropriate public officials with Article VII, Section IV of the Constitution of the State of Georgia and permission is given for the institution of any such proceedings to compel the payment of lease obligations.

(Ga. L. 1945, p. 464, § 11; Ga. L. 1963, p. 342, § 5; Ga. L. 1983, p. 3, § 67; Ga. L. 1984, p. 22, § 52.)

52-2-27. Revenue bonds - Protection of rights of bondholders.

While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of the authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds; and no other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interests and rights of the holders of the bonds nor will the state itself so compete with the authority. This chapter shall be for the benefit of the state, the authority, and the holders of any such bonds and, upon the issuance of bonds under this chapter, shall constitute a contract with the holders of the bonds.

(Ga. L. 1945, p. 464, § 17.)

52-2-28. Revenue bonds - Revenue refunding bonds.

The authority is authorized to provide by resolution for the issuance of revenue refunding bonds of the authority for the purpose of refunding any revenue bonds issued under this chapter and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to the same shall be governed by the foregoing provisions of this chapter insofar as the same may be applicable.

(Ga. L. 1945, p. 464, § 13.)

52-2-29. Revenue bonds - Status of bonds as legal investments and as securities for deposits.

1. The bonds authorized in this chapter are made securities in which:
   1. All public officers and bodies of this state;
   2. All municipalities and all municipal subdivisions;
   3. All insurance companies and associations and other persons carrying on an insurance business;
   4. All banks, bankers, trust companies, savings banks, and savings associations, including savings and loan associations, building and loan associations, investment companies, and other persons carrying on a banking business;
   5. All administrators, guardians, executors, trustees, and other fiduciaries; and
   6. All other persons whatsoever who are authorized to invest in bonds or other obligations of the state

      may properly and legally invest funds, including capital in their control or belonging to them.

2. The bonds authorized in this chapter are also made securities which may be deposited with and shall be received by all public officers and bodies of this state and all municipalities and municipal subdivisions for any purpose for which the deposit of the bonds or other obligations of this state is authorized.

   (Ga. L. 1945, p. 464, § 14; Ga. L. 1982, p. 3, § 52.)

Law reviews. - For note discussing and comparing the prudent man rule and the legal list rule in trustee investment, see 15 Mercer L. Rev. 530 (1964).

52-2-30. Revenue bonds - Confirmation and validation of bonds; venue of actions to confirm and validate bonds or to enforce rights under chapter.

Bonds of the authority shall be confirmed and validated in accordance with the procedure of Chapter 82 of Title 36, the "Revenue Bond Law." Any such action and any action to protect or enforce any rights under this chapter and any suit or action against the authority shall be brought in the Superior Court of Chatham County, which shall have exclusive original jurisdiction of such actions; provided, however, the venue of an action for a tort shall be brought in the county wherein committed if the authority has a facility located therein, otherwise Chatham County.

(Ga. L. 1945, p. 464, § 16; Ga. L. 1963, p. 342, § 6; Ga. L. 1986, p. 164, § 1.)

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1986, a comma was inserted following "provided" in the second sentence.

Editor's notes. - Ga. L. 1986, p. 164, § 2, not codified by the General Assembly, provided: "This Act shall become effective upon its approval by the Governor [approved March 18, 1986] or upon its becoming law without such approval and shall be applicable to any suit or action filed on or after such date. The provisions of this Act shall not affect any suit or action filed prior to the effective date of this Act in the Superior Court of Fulton County."

52-2-31. Power of authority to fix, revise, and collect charges; factors governing determination of amount of rentals and other charges; creation, use, and disposition of sinking fund; cancellation of purchased or redeemed bonds.

1. The authority is authorized to fix and to revise from time to time fees, rentals, and other charges for the use of each project and for the services and facilities furnished by the same and to charge and collect the same and to lease and to make contracts with any person, firm, or corporation with respect to the use of any project or part thereof. Such rentals and other charges shall be so fixed and adjusted in respect of the aggregate thereof from the project or projects for which a single issue of revenue bonds is issued or from the authority or the terminal or facilities of which the project or projects are a part, so as to provide a fund sufficient with other revenues of the project or projects, if any, to pay:
   1. The cost of new construction of projects;
   2. The cost of maintaining, repairing, and operating the project or projects, including reserves for extraordinary repairs and insurance and other reserves required by the resolution or trust indenture, unless such cost shall be otherwise provided for; and
   3. The principal of the revenue bonds and the interest thereon as the same shall become due.
2. The revenues and earnings derived from the projects for which a single issue of bonds is issued or from the authority or the terminal or facilities of which the project or projects are a part, except the part of such revenues and earnings as may be required to pay the cost of maintaining, repairing, and operating the project or projects or the terminal or facilities of which the project or projects are a part, and to provide such reserves therefor as may be provided for in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, shall be set aside at such regular intervals as may be provided in the resolution or the trust indenture in a sinking fund which is pledged to, and charged with the payment of:
   1. The interest upon the revenue bonds as the interest falls due;
   2. The principal of the bonds as the same falls due;
   3. The necessary charges of paying agents for paying principal and interest; and
   4. Any premium upon bonds retired by call or purchase as hereinabove provided.

      The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in the resolution or trust indenture, the sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the revenue bonds or the trust indenture, any moneys in such sinking fund in excess of an amount equal to one year's interest on all revenue bonds then outstanding may be applied to the purchase or redemption of bonds. All revenue bonds so purchased or redeemed shall forthwith be canceled and shall not again be issued.

      (Ga. L. 1945, p. 464, § 10; Ga. L. 2010, p. 897, § 7/HB 1060.)

The 2010 amendment, effective June 3, 2010, substituted "issued or from the authority or the terminal or facilities of which the project or projects are a part, so" for "issued," near the end of the introductory paragraph of subsection (a); and, in the introductory paragraph of subsection (b), substituted "or from the authority or the terminal or facilities of which the project or projects are a part, except the part of such revenues and earnings" for ", except such part thereof" and inserted "or the terminal or facilities of which the project or projects are a part" in the middle.

52-2-32. Status of contracted-for rentals as obligations of state; payment of rentals; power of authority to enforce lessees' duty to perform covenants and obligations; assignment of rentals due.

1. The rentals contracted to be paid by the state or any department, agency, or institution of the state to the authority under leases entered upon pursuant to this chapter shall constitute obligations of the state for the payment of which the good faith of the state is pledged. Such rentals shall be paid as provided in the lease contracts from funds appropriated for such purposes by the terms of the Constitution of Georgia. It shall be the duty of the state or any department, agency, or institution thereof to see to the punctual payment of all such rentals.
2. In the event of any failure or refusal on the part of lessees punctually to perform any covenant or obligation contained in any lease entered upon pursuant to this chapter, the authority may enforce performance by any legal or equitable process against lessees; and consent is given for the institution of any such action.
3. The authority shall be permitted to assign any rental due it by the lessees to a trustee or paying agent as may be required by the terms of any trust indenture entered into by the authority.

   (Ga. L. 1964, p. 88, § 2.)

52-2-33. Duty of authority to prescribe rules and regulations for operation of projects; duty of authority to impose and collect rentals and other charges for use of facilities of projects.

It shall be the duty of the authority to prescribe rules and regulations for the operation of each project constructed under this chapter, including rules and regulations to ensure maximum use of each such project, and to impose rentals and other charges for the use of the facilities furnished by or related to the use of such project and to collect the same from all persons, firms, or corporations using the same.

(Ga. L. 1945, p. 464, § 10; Ga. L. 2010, p. 897, § 8/HB 1060.)

The 2010 amendment, effective June 3, 2010, inserted "or related to the use of" near the end of this Code section.

52-2-34. Acceptance of grants from federal agencies and of contributions of money and property from other sources.

The authority, in addition to the moneys which may be received from the sale of revenue bonds and from the collection of revenues and earnings derived under this chapter, shall have authority to accept from any federal agency grants for or in aid of the construction of any project or for the payment of bonds and to receive and accept contributions from any source of either money or property or other things of value, to be held, used, and applied only for the purposes for which such grants or contributions may be made.

(Ga. L. 1945, p. 464, § 12.)

52-2-35. Requirement as to competitive bidding for contracts for new construction.

The authority shall have the right to do all new construction under an agency or construction management form of contract without the necessity of taking competitive bids.

(Ga. L. 1945, p. 464, § 9.)

52-2-36. Status of moneys received under chapter as trust funds; provision by authority for payment of moneys to designated trustee; investment of moneys; sale of investments and reinvestment.

1. All moneys received pursuant to the authority of this chapter, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this chapter. The authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds and the earnings and revenues to be received to any officer who or any agency, bank, or trust company which shall act as trustee of such funds and shall hold and apply the funds to the purposes of this chapter, subject to such regulations as this chapter and the resolution or trust indenture may provide.
2. Subject to such restriction as provided by resolution passed before the issuance of its bonds or by the trust indenture securing the bonds, the authority may invest any moneys received by it pursuant to authority of this chapter in obligations which are eligible as security for the investment of trust funds; and the authority may, by resolution, provide for the sale of any such investment and for the reinvestment of the proceeds thereof.

   (Ga. L. 1945, p. 464, § 7; Ga. L. 1946, p. 60, § 3; Ga. L. 2010, p. 897, § 9/HB 1060.)

The 2010 amendment, effective June 3, 2010, deleted "under the rules and regulations of the Federal Reserve Board" following "funds" near the middle of subsection (b).

52-2-37. Creation of authority and carrying out of authority's corporate purpose as constituting a public purpose; covenant with bondholders as to tax-exempt status of authority's property.

It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purpose is in all respects for the benefit of the people of this state and is a public purpose and that the authority will be performing an essential governmental function in the exercise of the power conferred upon it by this chapter; and this state covenants with the holders of the bonds that the authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of the facilities erected, maintained, or acquired by it or any fees, rentals, or other charges for the use of such facilities or other income received by the authority and that the bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The exemption from taxation provided for in this Code section shall include an exemption from sales and use tax on tangible personal property purchased by the authority for use exclusively by the authority.

(Ga. L. 1945, p. 464, § 15; Ga. L. 1970, p. 629, § 1; Ga. L. 2007, p. 309, § 15/HB 219.)

52-2-38. Construction of chapter.

This chapter, being necessary for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes hereof.

(Ga. L. 1945, p. 464, § 18.)

52-2-39. Supplemental nature of chapter.

This chapter shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws; it shall not be regarded as in derogation of any powers now existing.

(Ga. L. 1945, p. 464, § 20.)

52-3-1. Purpose of chapter.

It is the intent and purpose of this chapter to provide for the construction and maintenance by the United States government of the intracoastal waterway and its salt-water tributaries, hereinafter referred to as the intracoastal waterway, from the state boundary line in the Savannah River to the state boundary line in Cumberland Sound, as authorized by the Congress of the United States by the River and Harbor Act approved June 20, 1938, authorizing the construction of the intracoastal waterway to a depth of 12 feet from the Savannah River, Georgia, to Cumberland Sound, Georgia, in accordance with the project described in House Document No. 618, Seventy-fifth Congress, third session, and subject to the conditions set forth in said document, and by the River and Harbor Act approved August 26, 1937, authorizing the construction of a protected route as part of the intracoastal waterway, around St. Andrew Sound, Georgia, to a depth of seven feet in accordance with the project described in Senate Committee Print, Seventy-fourth Congress, first session, and subject to the conditions set forth in that document. The Governor and the Secretary of State are authorized to issue to the United States of America a grant or grants of a perpetual right and easement to enter upon, cut away, and remove any and all of the land, including submerged lands, composing a part of the channel rights of way, anchorage areas, and turning basins as may be required at any time for construction and maintenance of the intracoastal waterway and to maintain the portions excavated, thereby created as a part of the navigable waters of the United States. The Governor and the Secretary of State are authorized to issue to the United States of America a further perpetual right and easement to enter upon, occupy, and use any portion of the land, including submerged land, composing a part of the spoil disposal area not so cut away and converted into public navigable waters described in this Code section, for the deposit of dredged material and for such other purposes as may be needed in the construction, maintenance, and improvement of the intracoastal waterway, insofar as such lands, including submerged lands, are subject to grant by the State of Georgia. The grant is to be issued upon a certificate showing the location and description of the rights of way and spoil disposal areas furnished to the Governor by the secretary of the army or by any authorized officer of the Corps of Engineers of the United States Army or by any other authorized official exercising control over the construction or maintenance of the projects.

(Ga. L. 1939, p. 331, § 1.)

52-3-2 and 52-3-3.

Reserved. Repealed by Ga. L. 1981, p. 1017, § 2, effective April 9, 1981.

The 2011 amendment, effective May 13, 2011, part of an Act to revise, modernize, and correct the Code, reserved the designation of these Code sections.

Editor's notes. - These Code sections were based on Ga. L. 1939, p. 331, § 2.

52-3-4. Cooperation with federal government; acquisition of property and rights.

The Department of Transportation shall work in cooperation with the officers and departments of the United States government in acquiring rights of way, spoil disposal areas, and other necessary property and rights for the intracoastal waterway and may in its own name acquire, by purchase, gift, or condemnation, property and rights to such lands as are necessary for such purpose.

(Ga. L. 1939, p. 331, § 2; Ga. L. 1981, p. 1017, § 1.)

52-3-5. Exercise of power of eminent domain.

If for any reason the Department of Transportation is unable to secure any such property or rights required by the United States government for the construction and maintenance of the intracoastal waterway from the Savannah River to Cumberland Sound by voluntary agreement with the owner or owners thereof on terms and conditions satisfactory to it, the department is vested with the power to condemn the same and in so doing to employ the way, means, method, and procedure of Chapter 2 of Title 22 and Article 6 of Chapter 3 of Title 22, relating to the acquisition of property by condemnation on the part of the State of Georgia and of the United States; and in all instances any general and specific benefits to the owner or owners of such property or lands shall be offset against any damages to such property or lands. When the easement or property is thus acquired, a deed shall be executed conveying it to the United States. All easements granted under the authority of this Code section shall be approved by the State Transportation Board and shall be executed by the commissioner of transportation.

(Ga. L. 1939, p. 331, § 2; Ga. L. 1981, p. 1017, § 1.)

52-3-6. Seal; election of officers.

Reserved. Repealed by Ga. L. 1981, p. 1017, § 2, effective April 9, 1981.

The 2011 amendment, effective May 13, 2011, part of an Act to revise, modernize, and correct the Code, reserved the designation of this Code section.

Editor's notes. - This Code section was based on Ga. L. 1939, p. 331, § 2.

52-3-7. Right of Department of Transportation to receive and use gifts and donations of money and property.

The Department of Transportation may receive gifts and donations of money or property from individuals, firms, corporations, and political subdivisions and may use the same in defraying expenses of the department and the costs of acquiring the property and rights necessary for the construction, maintenance, and improvement of the intracoastal waterway.

(Ga. L. 1939, p. 331, § 3; Ga. L. 1981, p. 1017, § 1.)

52-3-8. Procedure in cases where property required for right of way or spoil disposal areas has been leased for cultivation and gathering of oysters.

If any of the lands or property, the use of which is required for right of way and spoil disposal areas, shall have been leased by the Department of Natural Resources to any individual, firm, or corporation for the cultivation and gathering of oysters, the department is authorized and directed to substitute for such leased areas lying within the rights of way and spoil disposal areas other equal areas lying outside the rights of way and spoil disposal areas which are also suitable for the cultivation and gathering of oysters.

(Ga. L. 1939, p. 331, § 4.)

Cross references. - Lease of oyster and clam beds by Department of Natural Resources generally, § 27-4-198 .

52-3-9. Claims for damages to oysters.

Any person, firm, or corporation or their heirs, executors, administrators, successors, or assigns who may be compensated for damages to oysters during construction of the intracoastal waterway shall be estopped from making further claims for damage to oysters in or upon the same area on account of dredging operations during maintenance of the intracoastal waterway.

(Ga. L. 1939, p. 331, § 5.)

52-3-10. Power of Governor to assign assistant attorney general to assist commission.

Reserved. Repealed by Ga. L. 1981, p. 1017, § 2, effective April 9, 1981.

The 2011 amendment, effective May 13, 2011, part of an Act to revise, modernize, and correct the Code, reserved the designation of this Code section.

Editor's notes. - This Code section was based on Ga. L. 1939, p. 331, § 6.

52-3-11. Right of Department of Transportation to enter lands in order to locate rights of way.

For the purpose of determining the lands, easements, and property necessary for the uses set out in this chapter, the Department of Transportation, the United States government, or the agents of either shall have the right to enter upon any lands along the general line of the rights of way for the purpose of locating definitely the specific lines of the rights of way and the land required for such purposes; and there shall be no claim against the State of Georgia or the United States for such acts as may be done in making such surveys.

(Ga. L. 1939, p. 331, § 7; Ga. L. 1981, p. 1017, § 1.)

52-3-12. Effect of chapter on state's jurisdiction over lands affected by chapter; effect on service of process on such lands.

Neither this chapter, nor any part thereof, nor any grant or deed made under the authority hereof shall operate to divest the State of Georgia of jurisdiction over any lands; and all civil and criminal process issued under the authority of any laws of this state may be executed in or on any part of the lands or premises devoted to the use of the intracoastal waterway or to any use incidental thereto, to the same effect as if this chapter had not been enacted and as if the grant or deed had not been executed.

(Ga. L. 1939, p. 331, § 8.)

52-4-1. Filing of petition for incorporation; contents of petition; filing fee.

Any number of persons, not less than five, desiring to be incorporated as a company for the purpose of constructing, operating, and maintaining a canal, may file with the Secretary of State a petition setting out the names and domicile of the petitioners, that they desire to be incorporated as a canal company, the name under which they desire to be incorporated, the route as nearly as possible of the proposed canal, the headquarters of the corporation, the amount of the capital stock, and the number of shares into which divided and pay to the Secretary of State the fee provided for in Code Section 14-4-183.

(Ga. L. 1893, p. 81, § 1; Civil Code 1895, § 1986; Civil Code 1910, § 2367; Code 1933, § 17-101.)

Cross references. - Grant of corporate powers generally, Ga. Const. 1983, Art. III, Sec. VI, Para. V.

Fee for incorporation of canal company, § 14-4-183 .

Corporate powers to canal companies granted by Secretary of State, § 14-5-2 .

52-4-2. Issuance of certificate of incorporation.

When the petition for incorporation has been made and filed and the fee paid, as provided in Code Section 52-4-1, the Secretary of State shall issue to the petitioners a certificate as follows:

"Georgia. To whom it may concern - Greetings:

______ having filed their petition in the terms of the law, praying to be incorporated as a canal company, they and their associates and successors are hereby declared to be a body corporate for the period of 30 years, under the name of ______, with power to construct, maintain, and operate a canal in and through ______, with such powers, privileges, and liabilities as may now or hereafter be prescribed by law.

Witness my official hand and seal of state, this ______ day of ____________, ________."

(Ga. L. 1893, p. 81, § 1; Civil Code 1895, § 1987; Civil Code 1910, § 2368; Code 1933, § 17-102; Ga. L. 1999, p. 81, § 52.)

52-4-3. Maintenance by Secretary of State of files and books regarding canal companies.

The Secretary of State shall keep on file all petitions for incorporation and transcripts from minutes provided for in this chapter and shall also keep a book in which shall be entered by him the name of the company, date of incorporation, amount of capital stock, location of principal office, and any increase or decrease of capital stock.

(Ga. L. 1893, p. 81, § 12; Civil Code 1895, § 1998; Civil Code 1910, § 2379; Code 1933, § 17-103.)

Cross references. - Reports of corporation, § 14-4-180 .

52-4-4. Time of commencement of corporate existence; duration of corporate existence.

Upon the issuance of the certificate, the persons therein named, their associates, and their successors shall be and become a body corporate for the period provided for in Code Section 14-4-62.

(Ga. L. 1893, p. 81, § 2; Civil Code 1895, § 1988; Civil Code 1910, § 2369; Code 1933, § 17-104.)

52-4-5. Petitioners as constituting first board of directors; election of officers; prescription of rules and bylaws; opening books of subscription for capital stock.

The petitioners shall constitute the first board of directors; they shall organize by electing one of their number president and such other officers as may be necessary, prescribe rules and bylaws, and open books of subscription for the capital stock.

(Ga. L. 1893, p. 81, § 2; Civil Code 1895, § 1988; Civil Code 1910, § 2369; Code 1933, § 17-104.)

52-4-6. Publication of notice upon subscription for all of capital stock and payment of 10 percent thereof; authorization for commencing transaction of business; personal liability of directors and stockholders.

When all the capital stock has been subscribed for and 10 percent thereof paid in, notice of that fact shall be published three times in the public newspaper in which the sheriff's sales are advertised in the county in which is situated the principal office of the corporation. When this has been done, the corporation is authorized to begin the transaction of business, but not before. The directors and stockholders of the corporation shall be personally liable for all obligations incurred prior to a compliance with the requirements provided in this Code section.

(Ga. L. 1893, p. 81, § 2; Civil Code 1895, § 1988; Civil Code 1910, § 2369; Code 1933, § 17-104.)

Cross references. - Organization of corporation before capital stock subscribed for, § 14-4-63 .

52-4-7. Location of principal office.

The principal office of all companies incorporated as provided in this chapter shall always be in this state.

(Ga. L. 1893, p. 81, § 11; Civil Code 1895, § 1997; Civil Code 1910, § 2378; Code 1933, § 17-105.)

52-4-8. Powers and duties of companies generally.

All companies incorporated under this chapter shall have power to bring or be the subject of actions; make contracts; lease, purchase, hold, and sell such property, real and personal, as may be necessary for the purposes of the corporation; and construct and maintain a canal and branch canals, dams, races, weirs, aqueducts, reservoirs, towpaths, and all other appliances necessary to divert, take, or use the waters of any stream or body of water. However, the canal companies shall not, by building any dam in or across or by diverting water from any navigable stream, destroy or obstruct the navigation of such stream. Such fishways shall be placed in any dams at the time of the construction of the dam as the commissioner of natural resources shall direct. Fishways shall be kept in good order and repair by the canal company, and the company shall notify the commissioner of natural resources of the proposed construction of any dam. Further, the canal companies shall pay reasonable compensation to such landholders as may have riparian rights in any stream or body of water taken, diverted, or obstructed for such taking, diversion, or obstruction or for any damage done them. The canal companies may also enter upon, take, and appropriate any lands and tenements necessary and appropriate for the purposes of the corporation upon first paying reasonable compensation therefor. No company incorporated as provided in this chapter shall have power to construct or use any canal within the corporate limits of any incorporated municipality without first obtaining the consent of the proper corporate authorities of such municipality.

(Ga. L. 1893, p. 81, § 3; Civil Code 1895, § 1989; Civil Code 1910, § 2370; Code 1933, § 17-106.)

Cross references. - Additional powers possessed by corporations organized under this chapter, §§ 14-4-60 and 14-4-61 .

52-4-9. Right of corporation to increase or decrease capital stock.

All companies incorporated under this chapter may increase or decrease their capital stock in the manner provided in Code Sections 14-4-120 and 14-4-121.

(Ga. L. 1893, p. 81, § 10; Civil Code 1895, § 1996; Civil Code 1910, § 2377; Code 1933, § 17-107.)

Cross references. - Change in capital stock of corporations, §§ 14-4-120 and 14-4-121 .

52-4-10. Power of companies to enlarge works and appliances of canals and branch canals and to deepen and widen canals.

Any company incorporated under this chapter is authorized to enlarge any of the works or appliances of a canal or branch canals and enlarge a canal anywhere along the line of the same by deepening and widening it, making basins, dams, reservoirs, or otherwise. Any such company is also authorized to construct and build branch canals to and from a canal from any and all points, with the same privileges and rights as are granted in constructing the main canal and other works, and to construct any dams, races, waste-weirs, weirs, towpaths, and other structures to improve and make available a canal or canals under the limitations already set out in this chapter.

(Ga. L. 1893, p. 81, § 5; Civil Code 1895, § 1991; Civil Code 1910, § 2372; Code 1933, § 17-108.)

52-4-11. Furnishing of canal water by canal companies; charges for use of water.

Any canal company incorporated as provided in this chapter is authorized to allow water to be drawn from its canal for the purpose of propelling machinery, irrigating lands, furnishing water for drinking or fighting fire, or any other purpose that the board of directors may deem proper at any points along the line of the canal and charge for the use of the water.

(Ga. L. 1893, p. 81, § 6; Civil Code 1895, § 1992; Civil Code 1910, § 2373; Code 1933, § 17-109.)

52-4-12. Toll rates for use of canals.

All companies incorporated as provided in this chapter may permit all goods, lumber, rafts of every description, vessels of every kind, and all other things that can be transported to be conveyed through their canals and may collect such tolls as they may deem proper therefor.

(Ga. L. 1893, p. 81, § 7; Civil Code 1895, § 1993; Civil Code 1910, § 2374; Code 1933, § 17-110.)

52-4-13. Encroachment of canals upon public roads; construction and maintenance of bridges.

Whenever any canal or backwaters of any company incorporated as provided in this chapter shall encroach upon or cross any public road, the company shall restore the road to a condition suitable for use by the public, by bridges or otherwise. All bridges constructed under this Code section shall be built and maintained in good order at the expense of the canal company.

(Ga. L. 1893, p. 81, § 8; Civil Code 1895, § 1994; Civil Code 1910, § 2375; Code 1933, § 17-111.)

52-4-14. Mortgage, sale, or lease of canal, other properties, corporate rights, and franchises.

Companies incorporated under this chapter may mortgage, sell, or lease their canal and other properties, corporate rights, and franchises to any person or corporation to obtain money to purchase, construct, or maintain their works and franchises.

(Ga. L. 1893, p. 81, § 9; Civil Code 1895, § 1995; Civil Code 1910, § 2376; Code 1933, § 17-112.)

52-4-15. Disagreements as to compensation for taking of lands, tenements, or riparian rights pursuant to chapter.

When any person or corporation shall feel aggrieved or damaged by any appropriation to the use of the company of any of his or their lands, tenements, or riparian rights and cannot agree with the company as to the amount of damage, the amount shall be ascertained as provided in Title 22.

(Ga. L. 1893, p. 81, § 4; Civil Code 1895, § 1990; Civil Code 1910, § 2371; Code 1933, § 17-113.)

52-4-16. Taxes applicable to canal companies.

The corporations named in this chapter shall be subject to state, county, and municipal taxation.

(Ga. L. 1893, p. 81, § 13; Civil Code 1895, § 1999; Civil Code 1910, § 2380; Code 1933, § 17-114.)

52-5-1. Granting of corporate powers and privileges by Secretary of State.

All corporate powers and privileges to navigation companies shall be issued and granted by the Secretary of State upon the terms, liabilities, and restrictions and subject to all the provisions of this chapter and the Constitution of Georgia.

(Ga. L. 1894, p. 71, § 1; Civil Code 1895, § 2147; Civil Code 1910, § 2565; Code 1933, § 17-201.)

Cross references. - Grant of corporate powers generally, Ga. Const. 1983, Art. III, Sec. VI, Para. V.

Corporate powers to navigation companies granted by Secretary of State, § 14-5-2 .

Corporate powers generally, § 14-4-60 .

52-5-2. Filing of petition for incorporation; contents of petition; attachment of affidavit of incorporators; endorsement, recordation, and filing of petitions by Secretary of State.

Any five or more natural persons may act as incorporators of a corporation to be organized under this chapter by filing a petition in writing, addressed to the Secretary of State, in which shall be stated the names and residences of each of the persons desiring to form the corporation, the name of the navigation company they desire to have incorporated, the amount of the proposed capital stock, the number of years it is to continue, the place where its principal office is to be located, a request to be incorporated under the laws of this state, and that they have given four weeks' notice of their intention to apply for the charter by publication of the petition in one of the newspapers in which the sheriff's advertisements are published for the county once a week for four weeks before filing the petition. There shall be annexed to the petition an affidavit, made by at least three of the persons forming the company, that the names subscribed are the genuine signatures of the persons named therein and that the facts stated in the petition are true to the best of their knowledge, information, and belief. The petition for incorporation, thus sworn to, shall be filed in the office of the Secretary of State, who shall endorse thereon the date of filing and record the same in a book to be kept by him for that purpose, which shall be open to the inspection of the public at all times during the office hours of the Secretary of State.

(Ga. L. 1894, p. 71, § 2; Civil Code 1895, § 2148; Civil Code 1910, § 2566; Code 1933, § 17-202.)

52-5-3. Issuance of certificate of incorporation generally.

When the petition shall have been filed with the Secretary of State, he shall issue to the company, under the great seal of the state, the following form of certificate:

"To all to whom these presents may come - Greetings:

Whereas, in pursuance of an Act of the General Assembly of Georgia, approved December 6, 1894, and (naming the persons who signed the petition) having filed in the office of the Secretary of State a certain petition seeking the formation of a corporation to be known as (here insert corporate name), with a capital stock of $________, for the purpose of owning, constructing, equipping, maintaining, and operating vessels, steamboats, and all other watercraft to be engaged in navigation, and having complied with the statutes in such cases made and provided; therefore, the State of Georgia hereby grants unto the above-named persons, their successors, and assigns full authority, by and under the said name of ________, to exercise the powers and privileges of a corporation for the purposes above-stated, subject to the Constitution of this state and all laws governing such navigation companies of force at the date of the granting of this certificate or that may hereafter become of force, either by constitutional or statute law.

In witness whereof, these presents have been signed by the Secretary of State, and to which is annexed the great seal of the State of Georgia, at Atlanta, Georgia, this ____ day of ________, ________."

(Ga. L. 1894, p. 71, § 3; Civil Code 1895, § 2149; Civil Code 1910, § 2567; Code 1933, § 17-203; Ga. L. 1983, p. 3, § 67; Ga. L. 1999, p. 81, § 52.)

52-5-4. Time of commencement of corporate existence; payment of fee for issuance of certificate.

When the Secretary of State issues a certificate of incorporation, the persons who signed the petition described in Code Section 52-5-2 and all persons who shall become stockholders in such company shall be a corporation by the name specified in the petition and certificate and shall possess the powers and privileges and be subject to the provisions contained in this chapter. Before the Secretary of State shall issue the certificate, the petitioners shall pay the fee prescribed in Code Section 14-4-183.

(Ga. L. 1894, p. 71, § 3; Civil Code 1895, § 2150; Civil Code 1910, § 2568; Code 1933, § 17-204.)

52-5-5. Duty of Secretary of State to assure company's compliance with chapter prior to issuance of certificate; certificate as constituting evidence of corporation's existence and compliance with chapter.

Before the Secretary of State shall issue the certificate, he shall satisfy himself that all the requirements of Code Section 52-5-2 have been substantially complied with. Any certificate or duplicate thereof issued by the Secretary of State shall be conclusive evidence of the existence of such corporation in all the courts and places in this state and of a compliance with all the requirements of this chapter.

(Ga. L. 1894, p. 71, § 4; Civil Code 1895, § 2151; Civil Code 1910, § 2569; Code 1933, § 17-205.)

52-5-6. Organization of company; quorum; election of first board of directors; qualifications of directors; election and appointment of officers and agents; annual election of, and filling of vacancies on, board of directors.

When the amount of capital stock has been subscribed, the persons named in the certificate of incorporation, or a majority of them, are authorized to call a meeting of the stockholders for the purpose of organization, which meeting shall be held in the city or other place where the principal office of the company shall be located, and of which meeting notice shall have been given as provided in this chapter. At the meeting, at which a majority of stock subscribed shall constitute a quorum, there shall be elected a board of directors of not less than three to manage the affairs of the company, each share of stock to be entitled to one vote and a plurality of votes cast being necessary to elect. The persons so elected shall continue in office until relieved by their successors. No person shall be a director in the company unless he is a stockholder; and a majority of the directors must be citizens of this state. The board of directors shall select from their number a president, may elect one or more vice-presidents, and may appoint a secretary, a treasurer, and such other officers, agents, and servants as they may deem necessary. The regular election of directors shall be held annually at the principal office of the company. Vacancies occasioned by death, resignation, or otherwise shall be filled in such manner as shall be provided by the bylaws of the company.

(Ga. L. 1894, p. 71, § 5; Civil Code 1895, § 2153; Civil Code 1910, § 2571; Ga. L. 1913, p. 51, § 1; Code 1933, § 17-207; Ga. L. 1982, p. 3, § 52.)

52-5-7. Opening books of subscription for capital stock; restriction on increase of capital stock.

When the certificate has been issued, the persons named therein, in case they shall not have subscribed for the entire capital stock, may open books of subscription to complete the subscription to the capital stock of the company, in such manner and for such amount per share as they may deem proper and expedient, and may receive the subscriptions until the entire capital stock is subscribed. In no case shall the capital stock be increased except as provided in this chapter.

(Ga. L. 1894, p. 71, § 4; Civil Code 1895, § 2152; Civil Code 1910, § 2570; Code 1933, § 17-206.)

52-5-8. Manner of payment for stock; auction sale of stock upon default by subscriber; giving delinquent subscriber notice of auction sale.

The directors may require the subscribers to the capital stock to pay the amounts variously subscribed by them in such installments as they may deem proper. The directors may receive cash or property, real or personal, at the agreed value thereof in the payment of such installments. If any subscriber shall neglect to pay any installments as required by resolution of the board of directors, the directors may direct an action to be brought against him forthwith for the amount of the call. Alternatively, after 30 days' notice to the stockholder, the board of directors may, in its discretion, cause his stock to be sold at auction to the highest bidder for cash. Any deficiency in the sum thus realized necessary to make the amount of the call shall be made good by the delinquent. Any surplus over the amount of the call and the expenses of the sale shall be paid over to him. A certificate of stock shall be issued to the purchaser and he shall stand in the same relation to the company as the delinquent would have, had he not so made default. Such sale shall be in the city or other place where the principal office of the company is located, at such time and place as the directors may prescribe. If for any reason it is not practicable to serve the delinquent stockholder with notice of the sale, personally or by mail, or if he is a nonresident of this state, then notice may be given him of the sale by publication in the newspaper in which sheriff's advertisements are published in the county of its principal office, once a week for four weeks prior to the date of the sale.

(Ga. L. 1894, p. 71, § 6; Civil Code 1895, § 2154; Civil Code 1910, § 2572; Code 1933, § 17-209; Ga. L. 1995, p. 10, § 52.)

52-5-9. Stock as constituting personal property; determination of manner of transfer of stock.

The stock in the company shall be deemed personal property and shall be transferable in such manner as may be prescribed by the bylaws of the company.

(Ga. L. 1894, p. 71, § 7; Civil Code 1895, § 2155; Civil Code 1910, § 2573; Code 1933, § 17-210.)

Cross references. - Consideration of stocks as personalty, § 44-1-3 .

52-5-10. Procedure for increase of capital stock.

1. A company desiring to have its capital stock increased shall:
   1. File in the office of the Secretary of State a petition signed with the corporate name, stating:
      1. The name and character of the corporation;
      2. The date of its original charter and all amendments thereto; and
      3. That it desires to amend the company's charter to increase its capital stock;
   2. File, along with the petition called for in paragraph (1) of this subsection:
      1. A certified abstract from the minutes of the board of directors showing that the application for the proposed increase in capital stock has been authorized by the vote of a majority of the stockholders of the entire capital stock entitled, by the terms of the corporation's charter, to vote at an annual or special meeting called for that purpose, by a resolution of the board of directors; and
      2. An affidavit showing that notice of such meeting was mailed to each stockholder or, in case of death, to the stockholder's legal representatives or heirs at law, addressed to the stockholder's last known residence, at least ten days prior to the day of the meeting.
2. The affidavit called for in subparagraph (a)(2)(B) of this Code section shall be made and signed in due form of law by the president or secretary of the company and shall show that the ten days' notice has been published once a week for four weeks in the newspaper in which is published the sheriff's sales of the county in which the principal office of the corporation desiring to increase its capital stock is located. The stock may be voted in person or by written proxy.

   (Ga. L. 1894, p. 71, § 7; Civil Code 1895, § 2156; Civil Code 1910, § 2574; Code 1933, § 17-211.)

Cross references. - Certificate issued by the Secretary of State upon his approval of the corporation's petition to increase its capital stock, § 14-4-121 .

52-5-11. Powers of companies generally.

The company shall have the following powers:

1. To acquire, purchase, hold, and operate all such real and personal property as may be necessary or convenient for the maintenance and operation of its business and to accomplish the purposes of its organization;
2. To convey persons, vessels, and other property by the use of steam, sail, or other means and to receive compensation therefor; and to do all other things incident to a general navigation business, including the right to tow, assist, and rescue vessels;
3. To erect and maintain convenient buildings, wharves, docks, fixtures, and machinery for the accommodation and use of its passengers, freight, and other business;
4. To regulate the time and manner in which passengers, vessels, and other property shall be transported and the compensation to be paid therefor, subject to any existing law upon the subject; and
5. To borrow such sum or sums of money, at such rates of interest and upon such terms, as the company or its directors may agree upon and to execute trust deeds or mortgages, or both, if in their judgment the occasion may require it, for securing the payment thereof.

   (Ga. L. 1894, p. 71, § 8; Civil Code 1895, § 2157; Civil Code 1910, § 2575; Code 1933, § 17-212.)

Cross references. - Powers of corporations generally, §§ 14-4-60 and 14-4-61 .

52-5-12. Adoption of chapter by companies incorporated prior to April 1, 1969, and by persons otherwise owning or operating a navigation business.

1. Any navigation company incorporated prior to April 1, 1969, whether by the General Assembly or otherwise, may amend its charter by adopting the provisions of this chapter, by filing with the Secretary of State a petition signed with the corporate name, stating the name and character of the corporation, the date of the original Act of incorporation, and all amendments thereto. The company shall state in the petition that it desires to amend its charter by having granted to it the corporate powers and privileges granted to other navigation companies by this chapter. The company shall also file along with the petition a certified abstract from the minutes of the corporation, showing that the application for amendment has been authorized by resolution which has been duly adopted by the affirmative vote of the holders of a majority of the shares entitled to vote thereon of the corporation at a meeting held for the purpose of passing upon the resolution duly certified by the president and secretary of the corporation.
2. When a navigation company amends its charter by following the procedures specified in subsection (a) of this Code section, it may retain its original organization and the same amount of capital stock and other rights and privileges provided for in the original charter, except the right of exemption from taxation, which may not be in conflict with this chapter or any other law of this state relating to the powers and privileges of navigation corporations; and such amendments shall be without prejudice to any of the prior rights or contracts of the corporation.
3. This chapter may also be adopted by any person owning or operating a navigation business, without prejudice to such organization as may already have existed and without prejudice to his existing contracts and obligations. Whenever any person desires to adopt the provisions of this chapter as provided in this subsection, he shall file a petition with the Secretary of State setting forth with particularity in what manner it is desired to adopt this chapter. When such petition is filed, the Secretary of State shall issue to the person, under the great seal of the state, a certificate setting forth that this person is a body corporate with all the powers, duties, and liabilities of this chapter. Before the certificate shall be issued, the petitioner shall pay to the Secretary of State the fee provided in Code Section 14-4-183.

   (Ga. L. 1894, p. 71, § 9; Civil Code 1895, § 2158; Civil Code 1910, § 2576; Code 1933, § 17-213.)

Cross references. - Petition for amendment of charter and the certificate issued upon approval of charter amendment or adoption of this chapter, §§ 14-4-100 and 14-4-101 .

Fee for amendment of charter, § 14-4-183 .

52-6-1. Composition of board; terms of commissioners.

The corporate authorities of Savannah, Darien, Brunswick, and St. Marys shall each have power to appoint a Board of Pilotage Commissioners (hereinafter referred to as the commissioners), consisting of seven commissioners, each appointed for a term of seven years. Terms of the commissioners shall be staggered with one term expiring each year.

(Laws 1799, Cobb's 1851 Digest, p. 33; Code 1863, § 1453; Code 1868, § 1510; Code 1873, § 1504; Code 1882, § 1504; Ga. L. 1894, p. 41, §§ 1, 2; Civil Code 1895, § 1651; Civil Code 1910, § 1897; Code 1933, § 80-101; Ga. L. 1945, p. 279, § 2; Ga. L. 1997, p. 143, § 52.)

52-6-2. Filling of vacancies on board.

Vacancies occurring for any reason before the expiration of a term shall be filled by appointment by the corporate authorities for the unexpired term.

(Ga. L. 1894, p. 41, § 2; Civil Code 1895, § 1652; Civil Code 1910, § 1898; Ga. L. 1914, p. 57, § 1; Code 1933, § 80-102; Ga. L. 1945, p. 279, § 2.)

52-6-3. Qualifications of commissioners.

Only ship agents, exporters, merchants, or other persons who are not pilots and who are engaged in or are familiar with marine shipping and with the requirements of their respective ports shall be appointed commissioners of pilotage.

(Ga. L. 1894, p. 41, § 2; Civil Code 1895, § 1652; Civil Code 1910, § 1898; Ga. L. 1914, p. 57, § 1; Code 1933, § 80-102; Ga. L. 1945, p. 279, § 2.)

52-6-4. Areas for which commissioners appointed.

The commissioners to be appointed by the corporate authorities of Savannah shall be appointed for the Tybee Bar and the Savannah River and the several bars and inlets north of Sapelo Bar. Commissioners to be appointed by the corporate authorities of Darien shall be appointed for Sapelo Bar and the Altamaha River and the several bars and inlets south of Sapelo Bar as far as St. Simon's Bar. Commissioners to be appointed by the corporate authorities of Brunswick shall be appointed for St. Simon's Bar, Turtle River, St. Andrew's Bar, and the several bars and inlets north of and including the Great Satilla River. Commissioners to be appointed by the corporate authorities of St. Marys shall be appointed for St. Marys Bar and all bars and inlets between St. Marys Bar and St. Andrew's Bar.

(Laws 1799, Cobb's 1851 Digest, p. 33; Code 1863, § 1453; Code 1868, § 1510; Code 1873, § 1504; Code 1882, § 1504; Ga. L. 1894, p. 41, § 2; Civil Code 1895, § 1651; Civil Code 1910, § 1897; Code 1933, § 80-101; Ga. L. 1945, p. 279, § 3; Ga. L. 1997, p. 143, § 52.)

52-6-5. Appointment of master pilot; duties of master pilot generally.

The commissioners of pilotage may appoint one of the active pilots to be the master pilot, to have charge of the pilots, and, as representative of the commissioners, to see that its rules and regulations are complied with.

(Ga. L. 1945, p. 279, § 7.)

Administrative Rules and Regulations. - Pilot apprentice age limitations, Official Compilation of the Rules and Regulations of the State of Georgia, Rules for the Government of Bar and Harbor Pilotage, Sec. 494-1-1-.08

52-6-6. Right of commissioners to bring an action to recover forfeitures.

The commissioners are authorized, in their own names or in that of their chairman as such, to bring an action for and recover, to their own use and the improvement of navigation, any forfeiture accruing under this chapter which is not otherwise specifically appropriated.

(Orig. Code 1863, § 1490; Code 1868, § 1547; Code 1873, § 1541; Code 1882, § 1541; Civil Code 1895, § 1689; Civil Code 1910, § 1935; Code 1933, § 80-209; Ga. L. 1945, p. 279, § 27; Ga. L. 1982, p. 3, § 52.)

52-6-7. Manner of application of fines and forfeitures.

All fines and forfeitures collected by the commissioners, or so much thereof as may be necessary, shall be applied toward the payment of the expenses of the board.

(Laws 1799, Cobb's 1851 Digest, p. 37; Code 1863, § 1483; Code 1868, § 1540; Code 1873, § 1534; Code 1882, § 1534; Civil Code 1895, § 1682; Civil Code 1910, § 1928; Code 1933, § 80-208; Ga. L. 1945, p. 279, § 25.)

52-6-8. Keeping of records by board; designation of chairperson of board; keeping list of pilots whose licenses have been revoked; access of public to records.

The commissioners shall preserve in a neatly bound book a record of all their acts and of all the rules and regulations adopted by them for the direction and government of pilots. The commissioners shall designate one of their number as chairperson and cause a record thereof to be made. The commissioners shall also preserve upon their records a list of the names of all persons appointed pilots by them, as well as a list of the names of those whose licenses have been suspended or revoked or who have been retired. All persons interested shall have access to and be permitted to have duplicates of such records.

(Orig. Code 1863, §§ 1473, 1474; Code 1868, §§ 1530, 1531; Code 1873, §§ 1524, 1525; Code 1882, §§ 1524, 1525; Civil Code 1895, §§ 1672, 1673; Civil Code 1910, §§ 1918, 1919; Code 1933, §§ 80-112, 80-113; Ga. L. 1945, p. 279, §§ 22, 23; Ga. L. 2011, p. 99, § 96/HB 24.)

The 2011 amendment, effective January 1, 2013, substituted "The commissioners" for "They" twice; substituted "chairperson" for "chairman" in the middle of the second sentence; and substituted "duplicates of such records" for "copies of the records; and copies thereof certified by the chairman or secretary shall be presumptive evidence of the facts therein stated" at the end of the last sentence. See editor's note for applicability.

Cross references. - Inspection of public records generally, § 50-18-70 et seq.

Editor's notes. - Ga. L. 2011, p. 99, § 101/HB 24, not codified by the General Assembly, provides that this Act shall apply to any motion made or hearing or trial commenced on or after January 1, 2013.

Law reviews. - For article, "Evidence," see 27 Ga. St. U. L. Rev. 1 (2011). For article on the 2011 amendment of this Code section, see 28 Ga. St. U. L. Rev. 1 (2011).

52-6-9. Salary or fees of secretary.

The secretary of the commissioners shall have such salary or fees as the commissioners may determine, which salary or fees shall be paid out of fines and forfeitures or such other fund as shall be under the control of the commissioners.

(Orig. Code 1863, § 1474; Code 1868, § 1531; Code 1873, § 1525; Code 1882, § 1525; Civil Code 1895, § 1673; Civil Code 1910, § 1919; Code 1933, § 80-113; Ga. L. 1945, p. 279, § 23.)

52-6-10. Determination of location of office of commissioners; location of books, papers, and records of commissioners.

The office of the commissioners must be kept in some suitable place of which the public shall have notice; and their books, papers, and records may be kept in such office or in the office of any court of record in the county.

(Orig. Code 1863, § 1475; Code 1868, § 1532; Code 1873, § 1526; Code 1882, § 1526; Civil Code 1895, § 1674; Civil Code 1910, § 1920; Code 1933, § 80-103; Ga. L. 1945, p. 279, § 24.)

52-6-11. Rules and regulations; reciprocal pilotage in port of St. Marys and tributaries of St. Marys River.

1. The commissioners shall prescribe rules and regulations for the government of pilots and the fees which may be charged for their services and shall, from time to time, revise and grade pilotage fees when, in their judgment, it is necessary to do so. All rules and regulations consistent with this chapter existing as of January 1, 1995, and all fees prescribed by the commissioners as of January 1, 1995, shall remain in effect until changed as provided in this chapter.
2. The Board of Pilotage Commissioners for the City of St. Marys, having jurisdiction over areas which include boundary waters, shall be separately empowered to agree, in form, with the Florida State Board of Pilot Commissioners to establish authority for reciprocal pilotage in the port of St. Marys and the tributaries of the St. Marys River.

   (Ga. L. 1886, p. 38, § 3; Civil Code 1895, § 1655; Ga. L. 1901, p. 31, § 1; Civil Code 1910, § 1901; Ga. L. 1915, p. 16, § 1; Code 1933, § 80-111; Ga. L. 1945, p. 279, § 8; Ga. L. 1989, p. 451, § 1; Ga. L. 1995, p. 846, § 1.)

Administrative Rules and Regulations. - Pilot apprentice age limitations, Official Compilation of the Rules and Regulations of the State of Georgia, Rules for the Government of Bar and Harbor Pilotage, Sec. 494-1-1-.08

52-6-30. Qualifications for pilot's license.

The commissioners at each of the ports of this state are entitled to license during good behavior such citizens of the United States who are of good character as they shall think fit to act as pilots in piloting vessels underway in the waters of the several ports and rivers for which they shall be licensed. Any pilot who is licensed as of January 1, 1995, shall continue to act under such license until said license is revoked or the pilot is suspended or is retired as provided in this chapter.

(Ga. L. 1886, p. 38, § 1; Civil Code 1895, § 1653; Ga. L. 1896, p. 85, § 1; Ga. L. 1901, p. 30, § 1; Civil Code 1910, § 1899; Ga. L. 1921, p. 103, § 1; Code 1933, § 80-104; Ga. L. 1945, p. 279, § 4; Ga. L. 1980, p. 1355, § 1; Ga. L. 1995, p. 846, § 2.)

52-6-31. Number of pilots.

The number of licensed pilots shall not exceed 21 for the port of Savannah, three for the port of Doboy and Darien, eight for the port of Brunswick, two for the Great Satilla River, and two for the port of St. Marys.

(Ga. L. 1886, p. 38, § 1; Civil Code 1895, § 1653; Ga. L. 1896, p. 85, § 1; Ga. L. 1901, p. 30, § 1; Civil Code 1910, § 1899; Ga. L. 1921, p. 103, § 1; Code 1933, § 80-104; Ga. L. 1945, p. 279, § 4; Ga. L. 1980, p. 1355, § 1; Ga. L. 1995, p. 846, § 3; Ga. L. 1997, p. 143, § 52; Ga. L. 2007, p. 105, § 1/HB 132.)

52-6-32. Restrictions as to persons who may receive fees, gratuities, or rewards for conducting or piloting vessels.

No person other than a duly licensed pilot shall be entitled to receive any fee, gratuity, or reward for piloting any vessels underway in the waters of any of the ports, rivers, or harbors for which pilots may be licensed under the terms of this chapter. Nothing in this Code section shall be construed as prohibiting payments being made to docking pilots for services rendered in accordance with subsection (c) of Code Section 52-6-45.

(Ga. L. 1886, p. 38, § 1; Civil Code 1895, § 1653; Ga. L. 1896, p. 85, § 1; Ga. L. 1901, p. 30, § 1; Civil Code 1910, § 1899; Ga. L. 1921, p. 103, § 1; Code 1933, § 80-306; Ga. L. 1945, p. 279, § 4; Ga. L. 1980, p. 1355, § 1; Ga. L. 1995, p. 846, § 4.)

52-6-33. Form of license; oath of pilot.

The license to a pilot must be in the form of a certificate of appointment, which must be signed by a majority of the commissioners or by their chairperson by their direction; and each pilot, on receiving a license, shall take and subscribe an oath in the following form: "I, A.B., appointed pilot for the port and harbor of _____________, do swear that I will faithfully, according to the best of my ability, perform the duties of a pilot in and for the port and harbor of ____________, and will at all times - wind, weather, and health permitting - use my best efforts to go on board every vessel I shall see and conceive to be bound for, coming into, going out of, or underway within said port or harbor, unless I am well assured there is some other licensed pilot on board the same; that I will, at all times, make the best dispatch in my power to convey any vessel committed to my charge coming into, going out of, or underway within said port or harbor; and will at all times well and truly observe, fulfill, and follow, to the best of my skill and judgment, all such orders and directions as I may receive from the commissioners in all matters and things relating to the duty of a pilot."

(Laws 1799, Cobb's 1851 Digest, p. 34; Code 1863, § 1455; Code 1868, § 1512; Code 1873, § 1506; Code 1882, § 1506; Civil Code 1895, § 1661; Civil Code 1910, § 1907; Code 1933, § 80-107; Ga. L. 1945, p. 279, § 5; Ga. L. 1995, p. 846, § 5.)

52-6-34. Pilots' bonds - Generally.

Every pilot licensed as provided for in this chapter shall, before receiving his license, make and deliver to the commissioners a bond, payable to the chairman of the board and his successors in office, in the penal sum of $2,000.00, with security to be approved by the commissioners and with the condition faithfully to perform his duties as pilot. The bond shall be renewable at the discretion of the commissioners with such security or additional security as they may require.

(Laws 1799, Cobb's 1851 Digest, p. 34; Code 1863, § 1456; Code 1868, § 1513; Code 1873, § 1507; Code 1882, § 1507; Civil Code 1895, § 1662; Civil Code 1910, § 1908; Ga. L. 1921, p. 105, § 1; Code 1933, § 80-108; Ga. L. 1945, p. 279, § 6.)

52-6-35. Pilots' bonds - Continuation of existing bonds; venue of actions on bonds; parties to actions.

All bonds given pursuant to prior law and in effect on March 8, 1945, are continued in full force and effect. Actions on bonds provided for in Code Section 52-6-34 may be brought in any court having jurisdiction thereof, without any order for that purpose, by any person or vessel endangered or endamaged by the misconduct, carelessness, or neglect of the pilot.

(Laws 1799, Cobb's 1851 Digest, p. 34; Code 1863, § 1456; Code 1868, § 1513; Code 1873, § 1507; Code 1882, § 1507; Civil Code 1895, § 1662; Civil Code 1910, § 1908; Ga. L. 1921, p. 105, § 1; Code 1933, § 80-108; Ga. L. 1945, p. 279, § 6.)

52-6-36. Revocation of license for conducting or piloting vessel arrested under court process.

Any pilot who shall, with knowledge of the arrest of any vessel under process from any court of record, conduct or pilot the vessel out of the port or harbor where the arrest is made while the vessel is in charge of any officer of any court of record shall forfeit his license and be forever disqualified from acting as pilot.

(Orig. Code 1863, § 1459; Code 1868, § 1516; Code 1873, § 1510; Code 1882, § 1510; Civil Code 1895, § 1663; Civil Code 1910, § 1909; Code 1933, § 80-109; Ga. L. 1945, p. 279, § 12.)

Cross references. - Hearings regarding revocation or suspension of license for cause, § 52-6-38 .

52-6-37. Authority of commissioners to suspend pilots, to revoke licenses, and to assess fines and penalties; grounds for suspension, revocation, fines, or other penalties.

The commissioners may suspend any pilot or deprive him of his license or assess against him such fines and other penalties as they may think best, upon evidence satisfactory to them of negligence, unskillfulness, inattention to duty, intemperance, addiction to the use of drugs, mental derangement, misconduct, or willful violation of any of their rules or regulations, subject to the right of the pilot to appeal as provided in Code Section 52-6-38.

(Ga. L. 1886, p. 38, § 2; Civil Code 1895, § 1654; Civil Code 1910, § 1900; Code 1933, § 80-110; Ga. L. 1945, p. 279, § 7.)

52-6-38. Hearings before commissioners; enforcement of decrees and orders by execution or warrant of distress.

All matters concerning the assessment of fines or penalties against pilots or other persons, the suspension or revocation of pilot licenses, and any other matter relating to the use, business, or care of a pilot in any of the harbors shall be heard and determined by the commissioners, or a majority of them, appointed for the care of the pilotage where the violation, damage, or dispute may arise, upon reasonable notice to the pilot, pilots, or other persons concerned and an opportunity for the pilot, pilots, or other persons to be heard. The commissioners are authorized by their decree or order to decide and regulate every such matter, to assess fines and penalties, and to suspend or revoke licenses. They shall have the power to enforce the decree or order by execution or warrant of distress, under their hands and seals or under the hands and seals of any three of them, directed to any sheriff or constable of the county where the execution issues and commanding the sale of the offender's goods, or so much of them as may be necessary to satisfy the execution or warrant. All sales thereunder shall be made in conformity with the laws of the state in relating to sheriffs' sales. The sheriff and constable shall be liable to be ruled before the judge of the superior court as in other cases for default in duly executing such process.

(Laws 1799, Cobb's 1851 Digest, p. 34; Code 1863, § 1472; Code 1868, § 1529; Code 1873, § 1523; Code 1882, § 1523; Civil Code 1895, § 1671; Civil Code 1910, § 1917; Code 1933, § 80-314; Ga. L. 1945, p. 279, § 15; Ga. L. 1995, p. 846, § 6.)

52-6-39. Issuance of subpoenas.

When the attendance of any person shall be required as a witness before the commissioners in any matter or claim of which they shall have jurisdiction, it shall be the duty of their secretary, upon application, to issue subpoenas signed by him and directed to the persons whose attendance shall be required when such persons reside or shall be found in the county where such matters or claims may be pending. The summons shall express the cause and the party at whose action it is issued and shall be served as subpoenas of courts of record of this state are served at least 24 hours before the meeting of the commissioners to which it shall be returnable; but the subpoenas may be served by a messenger of the commissioners or by any sheriff or constable and the return of the messenger, sheriff, or constable shall be evidence of the service thereof.

(Laws 1832, Cobb's 1851 Digest, p. 45; Code 1863, § 1476; Code 1868, § 1533; Code 1873, § 1527; Code 1882, § 1527; Civil Code 1895, § 1675; Civil Code 1910, § 1921; Code 1933, § 80-201; Ga. L. 1945, p. 279, § 16.)

52-6-40. Failure of witness to answer subpoena.

Any witness summoned pursuant to Code Section 52-6-39, whose testimony shall appear to be material and who shall fail to appear, may be attached by the commissioners. The attachment may be directed to a sheriff or constable and made returnable to the next superior court of the county; and the court may fine the witnesses in a sum not exceeding $100.00, unless a good excuse is made to the judge of the court. The witness shall also be liable to action at the action of the party injured by the nonattendance.

(Laws 1832, Cobb's 1851 Digest, p. 45; Code 1863, § 1477; Code 1868, § 1534; Code 1873, § 1528; Code 1882, § 1528; Civil Code 1895, § 1676; Civil Code 1910, § 1922; Code 1933, § 80-202; Ga. L. 1945, p. 279, § 17.)

52-6-41. Taking of interrogatories and depositions from nonresidents and seamen.

When the person whose attendance is required as a witness is a nonresident of the county where the matter or claim is pending or is a seaman, his interrogatories or depositions may be taken and returned to the commissioners in the manner provided by law for taking and returning interrogatories and depositions in the courts of record of this state and may be put in evidence before the commissioners when the personal attendance of the witness cannot be secured. Reasonable notice of intention to take the interrogatories or depositions and of the time and place of the hearing must be given to all persons interested, or to their attorneys, or to the master, agent, or charterer of any vessel, where the vessel or her owners or cargo are interested.

(Laws 1832, Cobb's 1851 Digest, pp. 45, 46; Code 1863, §§ 1478, 1479; Code 1868, §§ 1535, 1536; Code 1873, §§ 1529, 1530; Code 1882, §§ 1529, 1530; Civil Code 1895, §§ 1677, 1678; Civil Code 1910, §§ 1923, 1924; Code 1933, §§ 80-203, 80-204; Ga. L. 1945, p. 279, § 18; Ga. L. 1982, p. 3, § 52.)

Cross references. - Depositions, interrogatories, § 9-11-26 et seq.

52-6-42. Appeal to superior court - Generally.

In any case where a pilot is suspended or the pilot's license is revoked or where a fine exceeding $150.00 is imposed by the commissioners on a pilot or any other person, the pilot or other person concerned may petition the judge of the superior court of the county where the judgment or sentence of the commissioners was made, setting forth on oath the circumstances of the case. A copy of the petition shall be served upon the chairperson or secretary of the commissioners at least three days before the petition is presented and the commissioners shall be entitled to be heard as to whether there is sufficient ground for the allowance of an appeal. If the judge of the superior court should think there is sufficient ground for the allowance of an appeal, such judge shall issue an order directing an issue to be made between the appellant and the commissioners, which issue shall be tried by a jury at the next term of the superior court, unless good cause is shown for a continuance. If, at the trial, a verdict should be rendered in favor of the appellant, the judge of the superior court shall order that the fine be remitted, that the suspension be canceled, or that the license be restored. Either the appellant or the commissioners may move the court for a new trial and may appeal to the Court of Appeals from the court's order entered upon the motion, as is provided by law in cases of appeal from orders granting or refusing a new trial in common-law cases.

(Laws 1830, Cobb's 1851 Digest, p. 43; Code 1863, § 1481; Code 1868, § 1538; Code 1873, § 1532; Code 1882, § 1532; Civil Code 1895, § 1680; Civil Code 1910, § 1926; Code 1933, § 80-206; Ga. L. 1945, p. 279, § 20; Ga. L. 1995, p. 846, § 7.)

Cross references. - Appeals to superior court generally, T. 5, C. 3.

52-6-43. Appeal to superior court - Use of interrogatories and depositions.

In cases of appeal, testimony for use in the superior court may be taken and returned by interrogatories or depositions, under the circumstances and in the manner provided by law for the taking and returning of testimony in cases pending in the superior courts of this state.

(Laws 1830, Cobb's 1851 Digest, p. 43; Code 1863, § 1482; Code 1868, § 1539; Code 1873, § 1533; Code 1882, § 1533; Civil Code 1895, § 1681; Civil Code 1910, § 1927; Code 1933, § 80-207; Ga. L. 1945, p. 279, § 21.)

Cross references. - Depositions, interrogatories, § 9-11-26 et seq.

52-6-44. Fees relating to hearings before commissioners.

The secretary's fees for each subpoena shall be 25 › and for each attachment 50 › . For serving any subpoena and for executing and returning an attachment, a sheriff's or constable's fee shall be charged as otherwise provided by law. The commissioner or notary public before whom testimony is taken by deposition shall receive for his services and for reporting and transcribing the question or answers of the witness, or both, the fees allowed by law for similar services rendered in cases pending in courts of record of this state.

(Laws 1832, Cobb's 1851 Digest, p. 46; Code 1863, § 1480; Code 1868, § 1537; Code 1873, § 1531; Code 1882, § 1531; Civil Code 1895, § 1679; Civil Code 1910, § 1925; Code 1933, § 80-205; Ga. L. 1945, p. 279, § 19.)

Cross references. - Fees of justices of the peace, § 15-10-80 et seq.

Obligation of fee system for sheriffs, § 15-16-19 .

Fees of notaries public, § 45-17-11 .

52-6-45. Vessels to be under direction and control of licensed pilots; exemptions; use of docking pilots.

1. Except as otherwise provided in this Code section, every vessel shall be under the direction and control of a pilot licensed by this state when underway in the bays, rivers, harbors, and ports of this state and the approaches thereto.
2. The requirement of subsection (a) of this Code section shall not apply to the following vessels:
   1. Vessels exempted by the laws of the United States;
   2. Vessels under 200 gross tons; and
   3. Vessels in distress or jeopardy, except that any such vessel shall take a state licensed pilot as soon as one arrives at the vessel.
3. Nothing in this Code section shall be construed to prohibit a vessel from utilizing the services of a docking pilot in addition to the state licensed pilot required under this chapter during docking and undocking maneuvers with the assistance of one or more tugboats. The commissioners are authorized, consistent with all other requirements of this chapter, to establish by regulation or otherwise the duties, responsibilities, and fees of state licensed pilots when operating with a docking pilot aboard a vessel.

   (Ga. L. 1886, p. 38, §§ 5, 6, 8; Civil Code 1895, §§ 1657, 1658, 1660; Civil Code 1910, §§ 1903, 1904, 1906; Code 1933, §§ 80-303, 80-304, 80-310; Ga. L. 1945, p. 279, § 9; Ga. L. 1986, p. 482, § 1; Ga. L. 1995, p. 846, § 8.)

Editor's notes. - Ga. L. 1995, p. 846, § 13, not codified by the General Assembly, provides that subsection (d) of this Code section shall automatically stand repealed on July 1, 1996, unless legislation has been enacted providing for the licensing of docking pilots. The required legislation was not passed and subsection (d) has been deleted effective July 1, 1996. As enacted, subsection (d) read as follows: "When the services of a docking pilot are being utilized during docking and undocking maneuvers with the assistance of one or more tugboats in accordance with subsection (c) of this Code section, the docking pilot shall be in control of such vessel."

52-6-46. Pilotage fees - Fees for coastwise vessels.

Reserved. Repealed by Ga. L. 1995, p. 846, § 9, effective April 19, 1995.

Editor's notes. - This Code section was based on Ga. L. 1945, p. 279, § 9.

52-6-47. Pilotage fees - Time of payment; security for payment.

A pilot bringing a vessel into port or a pilot who has tendered his or her services outside the bar to a vessel which is required under this chapter to accept the services of a pilot shall be entitled to the payment of fees for inward, outward, and all other movements of the vessel within the waters of the port, subject to the commissioners' regulations, before the vessel leaves the port and may require the vessel to give adequate security therefor, to be approved by the commissioners, before the vessel leaves the port. If the payment is not made or the security is not given, no pilot shall be required to take the vessel out. The master, owner, or agent of any vessel which is in readiness to leave must, if possible, give notice of that fact to the commissioners at the port in question or to its authorized representative. The acceptance of security for pilotage fees shall in no way affect the lien specified in Code Section 52-6-49, given in case the fees are not paid.

(Orig. Code 1863, § 1464; Code 1868, § 1521; Code 1873, § 1515; Code 1882, § 1515; Ga. L. 1886, p. 38, § 7; Civil Code 1895, §§ 1659, 1666; Civil Code 1910, §§ 1905, 1912; Code 1933, §§ 80-305, 80-308; Ga. L. 1945, p. 279, § 12; Ga. L. 1995, p. 846, § 10.)

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1995, "commissioners'" was substituted for "Commissioners'" in the first sentence.

52-6-48. Pilotage fees - Requests or demands by pilots of fees different than those fixed by commissioners.

If any pilot shall ask or demand for his services greater or different fees than those specified in the rates of pilotage fixed by the commissioners, the commissioners shall, on due proof thereof, require him to pay the commissioners double the amount of the fees fixed by the commissioners.

(Ga. L. 1886, p. 38, § 7; Civil Code 1895, § 1659; Civil Code 1910, § 1905; Code 1933, § 80-305; Ga. L. 1945, p. 279, § 12.)

52-6-49. Liabilities and penalties for failure to take pilot or pay pilotage fees.

1. Any vessel that fails to take a pilot required under this chapter or that is operated in violation of any other requirement of this chapter or the regulations adopted by the commissioners under the authority of this chapter may be assessed a civil penalty by the commissioners in an amount not to exceed $25,000.00 per violation. Any vessel assessed such a penalty shall be liable in rem for the payment of the penalty amount.
2. The owner, charterer, managing operator, master, or individual in charge of a vessel that fails to take a pilot required under this chapter or who violates any other requirement of this chapter or the regulations adopted by the commissioners under the authority of this chapter may be assessed a civil penalty by the commissioners in an amount not to exceed $25,000.00 per violation.
3. Any owner, charterer, managing operator, master, or individual in charge of a vessel who knowingly and willfully refuses to take a pilot required under this chapter shall be guilty of a misdemeanor.
4. Any vessel and the owner, charterer, managing operator, master, or individual in charge of the vessel that fails to take a pilot required under this chapter or that fails to pay the applicable pilotage fee when a pilot has been taken shall be liable to the first pilot who offered pilotage services, in the case of a vessel failing to take a required pilot, or to the pilot who performed the pilotage services, in the case of a vessel taking the pilot but failing to pay the pilotage fee, for the full amount of the applicable pilotage fee. The pilot is given a lien on the vessel and its tackle, apparel, and furniture for the collection of the fees.
5. The liabilities and penalties provided for in this Code section are cumulative and are in addition to any rights or remedies available to a pilot or pilots, the commissioners, or to the state under any other law.

   (Ga. L. 1886, p. 38, § 4; Civil Code 1895, § 1656; Civil Code 1910, § 1902; Code 1933, § 80-302; Ga. L. 1945, p. 279, § 10; Ga. L. 1995, p. 846, § 11.)

52-6-50. Fees of pilots aiding vessel in distress.

Any pilot belonging to any port in this state meeting at sea with any vessel in distress, which is bound to another port within this state, shall, if capable and thereunto required, take charge of and pilot such vessel into such port and shall be paid $10.00 a day for every day he may be aboard such vessel at sea, without the bars, and over and above the usual rate of pilotage; and no other pilot shall interfere with him while he is willing to continue his services.

(Laws 1799, Cobb's 1851 Digest, p. 36; Code 1863, § 1470; Code 1868, § 1527; Code 1873, § 1521; Code 1882, § 1521; Civil Code 1895, § 1669; Civil Code 1910, § 1915; Code 1933, § 80-312; Ga. L. 1945, p. 279, § 11.)

52-6-51. Right of pilot boat to one-third of inward and outward pilotage fee.

Any pilot boat which places a pilot on board a vessel for the purpose of conducting it into any of the rivers or harbors mentioned in this chapter shall be entitled to one-third of the inward pilotage fee and any pilot boat which takes a pilot off of a vessel shall be entitled to one-third of the outward pilotage fee.

(Orig. Code 1863, § 1468; Code 1868, § 1525; Code 1873, § 1519; Code 1882, § 1519; Civil Code 1895, § 1668; Civil Code 1910, § 1914; Code 1933, § 80-311; Ga. L. 1945, p. 279, § 13.)

52-6-52. Liability for detaining pilots on vessels.

The owner, master, consignee, or charterer of any vessel who carries any pilot against his consent to any foreign or other port shall be liable to such pilot in an action on the case for the payment of his reasonable expenses and $10.00 a day during his necessary absence, provided the carrying away of the pilot is not owing to his own misconduct or negligence; and, if a pilot is detained on board, wind and weather permitting the vessel to go to sea, the owner, master, consignee, or charterer shall be liable to pay the pilot $10.00 a day for every day he is so detained.

(Orig. Code 1863, § 1467; Code 1868, § 1524; Code 1873, § 1518; Code 1882, § 1518; Civil Code 1895, § 1667; Civil Code 1910, § 1913; Code 1933, § 80-309; Ga. L. 1945, p. 279, § 14.)

52-6-53. Compulsory retirement of pilots.

Pilots for their respective ports shall be honorably retired at age 65 and no pilot who has been so retired shall thereafter be entitled to act as a licensed pilot, provided that no pilot shall be compulsorily retired at age 65 unless there is in effect a pension system for pilots of the port at which he serves.

(Ga. L. 1945, p. 279, § 7.)

Cross references. - Age discrimination in employment, § 34-1-2 .

Administrative Rules and Regulations. - Pilot apprentice age limitations, Official Compilation of the Rules and Regulations of the State of Georgia, Rules for the Government of Bar and Harbor Pilotage, Sec. 494-1-1-.08

52-6-54. Acting as pilot without license; interfering with or disturbing licensed pilot.

1. Any person who pilots or conducts any vessel underway in the waters of any of the bays, rivers, harbors, or ports of this state or the approaches thereto and who has no authority or license to act as a pilot or has had such authority or license suspended or revoked shall be guilty of a misdemeanor.
2. Any person who interferes with or disturbs a licensed pilot in the performance of his duty shall be guilty of a misdemeanor.
3. Notwithstanding any other provisions of this Code section, any person may assist a vessel in distress which has no pilot on board if such person delivers up the vessel to the first licensed pilot who comes on board and offers to conduct it.

   (Ga. L. 1886, p. 38, § 1; Civil Code 1895, § 1653; Penal Code 1895, §§ 647, 648; Ga. L. 1896, p. 85, § 1; Ga. L. 1901, p. 30, § 1; Civil Code 1910, § 1899; Penal Code 1910, §§ 687, 688; Ga. L. 1921, p. 103, § 1; Code 1933, § 80-9901; Ga. L. 1945, p. 279, § 4; Ga. L. 1995, p. 846, § 12.)

52-7-1. Short title.

This article shall be known and may be cited as the "Georgia Boat Safety Act."

(Ga. L. 1973, p. 1427, § 1.)

52-7-2. Declaration of policy.

It is the policy of this state to promote safety for persons and property in and connected with the use, operation, and equipment of vessels and to promote the uniformity of laws relating thereto.

(Ga. L. 1973, p. 1427, § 2.)

52-7-3. Definitions.

As used in this article, the term:

1. "Blind point" means that portion of any of the waters of this state in which there is a natural or man-made obstruction which prevents the operator of a vessel from seeing vessels approaching from the opposite side of the obstruction, thus creating a safety hazard which could result in a boating accident.
2. "Board" means the Board of Natural Resources.
3. "Boat livery" means a business which holds any vessel for renting, leasing, or chartering.
4. "Commissioner" means the commissioner of natural resources.
5. "Dealer" means any person engaged in the business of manufacturing vessels or selling new or used vessels at an established place of business.
6. "Department" means the Department of Natural Resources.
7. "Discharged" means, and shall include, spilled, leaked, pumped, poured, emitted, or dumped.

   (7.1) "Hazardous area" means any area which the commissioner has designated as such because of conditions which create a threat to the safety and welfare of boaters who may operate in such area.

8. "Holding tank" means any container which is designed to receive and hold sewage and other wastes discharged from a marine toilet and which is constructed and installed in such a manner that it can only be emptied by pumping out the contents of such holding tank.

   (8.1) "Homemade vessel" means any vessel that is built by an individual for personal use from raw materials that does not require the assignment of a federal hull identification number by a manufacturer pursuant to federal law. A person furnishing raw materials under a contract may be considered the builder of a homemade vessel. Antique boats, boats reconstructed from existing boat hulls, and rebuilt or reconstructed vessels are not considered homemade vessels.

   (8.2) "Hull identification number" or "HIN" means a number assigned to vessels by the manufacturer of the vessel or by the issuing authority of a state as required by the United States Coast Guard in accordance with federal law.

9. "Idle speed" means a slow speed maintained by the operator of a mechanically propelled vessel reached by engaging the engine of the vessel into said speed by reducing the throttle to a minimum.

   (9.1) "Issuing authority" means, as to this state, the Department of Natural Resources; and, as to other states, the state if it has a numbering system approved by the United States Coast Guard or the United States Coast Guard if the state that does not have an approved numbering system.

10. "Marine toilet" includes any equipment for installation on board a vessel which is designed to receive, retain, treat, or discharge sewage and any process to treat such sewage. A marine toilet must be equipped with a holding tank which can be emptied only by pumping out.
11. "Mechanically propelled vessel" means, for the purpose of determining fire extinguisher requirements, those vessels propelled by machinery using a volatile liquid for fuel.
12. "Nonmotorized vessel" means any vessel other than a sailboat which has no motor attached in a manner to make it readily available for operation.
13. "No wake" means that the wake or wash created by the movement of the vessel through the water is minimal.
14. "Operate" means to navigate or otherwise use a vessel which is not at anchor or moored, including vessels which are being paddled, are drifting, or are being powered by machinery.
15. "Operator" means the person who operates or has charge of the navigation or use of a vessel.
16. "Owner" means a person, other than a lienholder, having the property in or title to a vessel. The term includes a person entitled to the use or possession of a vessel subject to an interest in another person reserved or created by agreement and securing payment or performance of an obligation but the term excludes a lessee under a lease not intended as security.
17. "Person" means an individual, partnership, firm, corporation, association, or other legal entity.
18. "Personal flotation device" means any lifesaving device classified and approved as Type I, Type II, Type III, Type IV, or Type V (Hybrid) by the United States Coast Guard.
19. "Portable marine toilet" means any device which is movable or portable and is not permanently installed on a vessel and which is designed to receive and temporarily retain sewage.
20. "Power boat" means any boat, vessel, or water-going craft which is propelled by mechanical rather than manual means whether or not such propulsion device forms an integral part of the structure thereof.
21. "Protected fresh waters" means the waters of Lake Allatoona, Lake Blackshear, Clarks Hill Lake, Hartwell Lake, Lake Sidney Lanier, Lake Oconee, Lake Seminole, Lake Sinclair, Russell Lake, Walter F. George Reservoir, and West Point Lake.
22. "Reportable boating accident" means an accident, collision, or other casualty involving a vessel subject to this article which results in loss of life, injury sufficient to cause incapacitation for at least 24 hours, or actual physical damage to property, including vessels, in excess of $2,000.00.

    (22.1) "Sailboard" means any sailboat whose unsupported mast is connected by a swivel or a flexible universal joint to a hull similar to the hull of a surfboard.

23. "Sewage" means human body wastes and the waste from toilets and other receptacles intended to receive or retain body wastes.
24. "Undocumented vessel" means a vessel which is not required to have and does not have a valid marine document issued by the United States Coast Guard or federal agency successor thereto.
25. "Vessel" means every description of watercraft, other than a seaplane on the water or a sailboard, used or capable of being used as a means of transportation on water and specifically includes, but is not limited to, inflatable rafts and homemade vessels; provided, however, Code Section 52-7-18, relating to rules of the road for boat traffic, shall be applicable to sailboards.
26. "Waters of this state" means any waters within the territorial limits of this state and the marginal sea adjacent to this state and the high seas when navigated as a part of a journey or ride to or from the shore of this state. This definition shall not include privately owned ponds or lakes not open to the public.

    (Ga. L. 1960, p. 235, § 2; Ga. L. 1968, p. 487, § 1; Ga. L. 1973, p. 1427, § 3; Ga. L. 1976, p. 1632, § 1; Ga. L. 1977, p. 1182, § 1; Ga. L. 1978, p. 1743, § 1; Ga. L. 1980, p. 738, § 1; Ga. L. 1987, p. 567, § 1; Ga. L. 1988, p. 410, § 1; Ga. L. 1988, p. 1343, § 2; Ga. L. 1989, p. 230, §§ 1, 2; Ga. L. 1990, p. 1218, § 2; Ga. L. 1992, p. 998, § 1; Ga. L. 1994, p. 680, § 1; Ga. L. 1995, p. 10, § 52; Ga. L. 1995, p. 236, § 1; Ga. L. 2003, p. 481, § 1; Ga. L. 2006, p. 96, § 3/HB 1490.)

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1987, "lienholder" was substituted for "lien holder" in the first sentence of paragraph (16).

Pursuant to Code Section 28-9-5, in 1992, a comma was deleted following "marine toilet" in paragraph (8).

52-7-4. Requirement as to numbering of vessels.

Every vessel using the waters of this state shall be numbered, except those vessels exempted by Code Section 52-7-6 and those vessels documented by the United States Coast Guard and licensed pursuant to Code Section 27-2-8. No person shall operate or give permission for the operation of any such vessel on the waters of this state unless the vessel is numbered in accordance with this article or in accordance with applicable federal law or in accordance with a federally approved numbering system of another state and unless:

1. The certificate of number issued to the vessel is on board and in full force and effect; and
2. The identifying number set forth in the certificate of number is properly displayed on each side of the forward half of the vessel; provided, however, that this requirement shall not apply to numbered vessels which are documented by the United States Coast Guard.

   (Ga. L. 1960, p. 235, § 5; Ga. L. 1973, p. 1427, § 4; Ga. L. 1987, p. 567, § 2; Ga. L. 1988, p. 410, § 2.)

52-7-5. Numbering of vessels; requirements; fees.

1. The owner of each vessel required to be numbered by this article shall file an application for number with the department on forms containing such information required by the department. Upon receipt of the completed application and any other required information and documents, the department shall enter the application upon its records and issue to the applicant a certificate of number stating the number assigned to the vessel, the name and address of the owner, and such additional information as may be prescribed by the department.
2. 1. The identification number assigned to all registered vessels, except those documented by the United States Coast Guard, shall be permanently painted or attached to each side of the forward half of the vessel, and no other number may be displayed thereon. Numbers shall read from left to right, be in block characters, be of a color contrasting with the background, and be not less than three inches in height nor more than one inch apart. There shall be a hyphen or space between the prefix letters and numerals and between the numerals and the suffix letters. The hyphen or space shall be equal to the width of any letter except I.
   2. On vessels so configured that a number on the hull or superstructure would not be easily visible, the number shall be painted on or attached to a backing plate that is attached to the forward half of the vessel so that the number will be clearly visible under normal operating conditions.
   3. The numbers shall be maintained in a legible condition.
   4. Vessels owned by manufacturers or dealers and being used as demonstrators or for testing may use the dealer's tag supplied with his or her registration in lieu of a permanently attached number.
3. Expiration decals shall be assigned by the department to all registered vessels. Such decals shall be displayed one on each side of the bow preceding the prefix letters and maintained in legible condition. There shall be a hyphen or space separating each decal and the prefix letters which shall be equal to the width of any letter except I.
4. Applications shall be signed by the owner or owners of the vessel and shall be accompanied by the proper fee. Fees for numbering vessels for a registration period of three years shall be as follows:
   1. Vessels up to 16 feet in length ..........................$25.00              (2) Vessels 16 to 26 feet in length ..........................60.00               (3) Vessels 26 to 40 feet in length .........................130.00               (4) Vessels 40 feet in length or longer ......................200.00

      After July 1, 2017, the General Assembly shall not increase the cost of any fee provided for in this subsection by more than 20 percent.

5. 1. Registration for vessels shall expire on the last day of the month of the owner's birth in the last year of the registration period and shall thereafter be of no force or effect unless renewed pursuant to this article; provided, however, that the registration for vessels not owned by individuals shall expire on December 31 of the last year of the registration period. Certificates of number may be renewed by the owner in the same manner provided for in the initial securing of such certificates.
   2. Registrations may be renewed any time after October 1 prior to the year of expiration. If the certificate of number is allowed to expire, a renewal application may still be filed with the department so long as the applicant pays the registration fee prescribed in subsection (d) of this Code section along with a $10.00 late fee.
   3. Any application which, due to failure of the applicant to provide additional information required by the department, remains incomplete 60 days after initial receipt of such application shall expire, and a new application and registration fee shall be required.
6. Should the ownership of a numbered vessel change while a valid registration is in effect, the new owner shall file with the department a new application and pay the prescribed fee for a new registration. The number assigned upon transfer of ownership shall be identical to the previous number unless such number has been reassigned by the department during any expired registration period.
7. In the event that an agency of the United States government shall have in force an overall system of identification (numbering) for vessels within the United States, the numbering system employed pursuant to this article by the department shall be in conformity therewith.
8. The department may issue any certificate of number, expiration decal, marine toilet certification, or other permit provided for in this chapter directly or may authorize any person to act as agent for the issuing thereof. In the event that a person accepts such authorization to issue certificates of number, he or she may be allotted a block of numbers and certificates therefor which, upon assignment and issue in conformity with this article and with any rules and regulations of the department, shall be valid as if assigned and issued directly by the department. Any person acting as agent for the department may charge a fee for his or her services in an amount approved by the department not to exceed $10.00 per transaction.
9. All records of the department made or kept pursuant to this Code section shall be public records.
10. The owner shall furnish the department notice of the transfer of all or of any part of his or her interest, other than the creation of a security interest, in a vessel numbered in this state pursuant to this Code section, the theft or recovery of the vessel, or the destruction or abandonment of the vessel within 15 days thereof, in a manner specified by the department.
11. Any holder of a certificate of number shall notify the department in writing within 15 days if his or her address no longer conforms to the address appearing on the certificate and shall, as a part of such notification, furnish the department with his or her new address.
12. No number other than the number validly assigned to a vessel shall be painted, attached, or otherwise displayed on either side of the forward half of the vessel.
13. 1. A certificate of number once issued pursuant to this Code section shall be considered void upon the happening of any one of the following events:
       1. The owner transfers all his or her interest in said vessel to another person or involuntarily loses his or her interest through legal process;
       2. The vessel is destroyed or abandoned;
       3. It is discovered by the department that the application submitted by the owner contains false or fraudulent information;
       4. The fees for issuance are not paid by the applicant; or
       5. The state of principal use is changed.
    2. A void certificate shall be surrendered to the department within 15 days from the date that it becomes or is declared to be void.
14. The number placed on the forward half of the vessel by the owner shall be removed by the owner if:
    1. The vessel is documented under the laws of the United States;
    2. The certificate or number becomes invalid because it is determined that a false or fraudulent statement was made in the application or the fees have not been paid; or
    3. The vessel is no longer used in this state.
15. The board shall be authorized to establish, by rule or regulation, a procedure to refund fees collected pursuant to this chapter which were collected in error or overpayment or to which the department or state is otherwise not entitled.

    (Ga. L. 1960, p. 235, §§ 6, 7; Ga. L. 1965, p. 251, § 1; Ga. L. 1968, p. 487, §§ 3-6; Ga. L. 1973, p. 1427, § 6; Ga. L. 1976, p. 1632, §§ 5-7; Ga. L. 1977, p. 1182, §§ 2, 3; Ga. L. 1980, p. 738, §§ 2-4; Ga. L. 1981, p. 147, §§ 1-3; Ga. L. 1982, p. 3, § 52; Ga. L. 1987, p. 567, §§ 3, 4; Ga. L. 1992, p. 6, § 52; Ga. L. 1992, p. 470, § 3; Ga. L. 1992, p. 998, § 2; Ga. L. 1993, p. 351, § 1; Ga. L. 1996, p. 1276, § 1; Ga. L. 2011, p. 558, § 5/SB 121; Ga. L. 2013, p. 892, § 1/HB 497; Ga. L. 2017, p. 27, § 19/HB 208.)

The 2011 amendment, effective July 1, 2011, added subsection (o).

The 2013 amendment, effective July 1, 2013, rewrote this Code section.

The 2017 amendment, effective July 1, 2017, in subsection (d), substituted "$25.00" for "$15.00" in paragraph (d)(1), substituted "60.00" for "36.00" in paragraph (d)(2), substituted "130.00" for "90.00" in paragraph (d)(3), substituted "200.00" for "150.00" in paragraph (d)(4), and added the ending undesignated paragraph; in paragraph (e)(3), deleted "for renewal" following "Any application" at the beginning and following "be required" at the end, and added a comma following "shall expire"; in subsection (j), deleted "written" following "department" near the beginning, and added ", in a manner specified by the department" at the end. See Editor's notes for applicability.

Cross references. - Identification numbers and letters for commercial fishing boats, § 27-4-117 .

Identification numbers and letters on boats used for taking shrimp, § 27-4-133 .

Editor's notes. - Ga. L. 1992, p. 470, §§ 4 and 5, not codified by the General Assembly, provide: "The General Assembly declares its intent to use the increases and changes in fees provided in this Act to fund the acquisition and management of lands and waters, by and through the Department of Natural Resources, for fish hatcheries; for wildlife restoration, propagation, protection, preservation, research, or management; for public hunting, fishing, or trapping; and for related recreational areas. The General Assembly further recognizes the importance of wildlife related recreation and the need to provide greater opportunities for such recreation and public lands in the face of rapid woodland development and appropriation of existing wildlife habitat. The General Assembly further declares its intent to ensure that the funding provided by hunters and fishermen through the payment of these license fee increases and changes will fund the acquisition of fish and wildlife habitat and public recreational areas.

"This Act shall become effective on April 1, 1992, or as soon thereafter as it is approved by the Governor or becomes law without such approval; provided, however, that the fees which are increased in Sections 1 and 3 of this Act shall on March 31, 2012, be reduced to the level of such fees prior to the effective date of this Act."

Ga. L. 2009, p. 787, § 10, eliminated the automatic reduction of rates provided by Ga. L. 1992, p. 470, § 5.

Ga. L. 2017, p. 27, § 20/HB 208, not codified by the General Assembly, provides, in part, that the amendment of this Code section shall apply to all offenses occurring on or after July 1, 2017.

52-7-6. Exemptions from numbering requirements.

A vessel shall not be required to be numbered under Code Sections 52-7-4 and 52-7-5 if it is:

1. Not motor propelled; provided, however, that sailboats 12 feet or more in length shall require registration;
2. Covered by a certificate of number in full force and effect which has been issued to it pursuant to federal law or a federally approved numbering system of another state, provided that such vessel shall not be used on the waters of this state for a period in excess of 60 consecutive days;
3. From a country other than the United States, provided that such vessel shall not be used on the waters of this state for a period in excess of 60 consecutive days;
4. A vessel whose owner is the United States, a state, or a subdivision thereof, which vessel is used exclusively in the nonrecreation public service and which is clearly identifiable as such;
5. A vessel's lifeboat if the boat is used solely for lifesaving purposes; this exemption does not include dinghies, tenders, speedboats, or other types of craft carried aboard vessels and used for other than lifesaving purposes;
6. A vessel that is used exclusively for racing;
7. A vessel belonging to a class of boats which has been exempted from numbering by the department after the department has found that:
   1. The numbering of vessels of such class will not materially aid in their identification;
   2. An agency of the federal government has a numbering system applicable to the class of vessel to which the vessel in question belongs; and
   3. The vessel would also be exempt from numbering if it were subject to the federal law;
8. Operating temporarily by virtue of evidence that an application for a certificate of number has been submitted within the previous 60 days; or
9. Used exclusively on privately owned ponds or lakes, except for those licensed by the Federal Energy Regulatory Commission.

   (Ga. L. 1960, p. 235, § 5; Ga. L. 1973, p. 1427, § 5; Ga. L. 1981, p. 147, § 4; Ga. L. 1982, p. 3, § 52; Ga. L. 1987, p. 567, § 5; Ga. L. 2006, p. 96, § 4/HB 1490; Ga. L. 2013, p. 892, § 2/HB 497.)

The 2013 amendment, effective July 1, 2013, in paragraph (8), substituted "that an application" for "that a recent application" in the middle and added "within the previous 60 days" at the end.

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1988, the correct spelling of "exclusively" was substituted in paragraph (9).

52-7-7. Dealers' vessels.

1. Any dealer may obtain certificates of number to be used only for the purpose of testing or demonstrating vessels owned by the dealer. The fee for the first certificate of number issued to any dealer for each vessel classification shall be the same fee as prescribed in subsection (d) of Code Section 52-7-5 and the dealer may then be issued additional certificates of number for testing and demonstrating purposes at a reduced fee as provided by the board. The amount of the reduced fee shall be determined by the board and shall be a reasonable approximation of the cost of producing and distributing the certificates of number and may be changed from time to time.
2. Dealers shall be authorized to transfer certificates of number issued pursuant to this Code section from one vessel to another vessel in the same classification.
3. Any dealer desiring certificates of number shall make application for them on standard vessel registration forms which shall be accompanied by an affidavit stating that the applicant is a vessel dealer or manufacturer.
4. Numbers assigned by such certificates shall be temporarily placed on vessels within the certificate's class range whenever such vessels are being tested or demonstrated and must be plainly marked "DEALER." Such temporary placement of numbers shall be as the board shall provide by regulation.

   (Ga. L. 1968, p. 487, § 7; Ga. L. 1973, p. 1427, § 7; Ga. L. 2013, p. 892, § 3/HB 497.)

The 2013 amendment, effective July 1, 2013, substituted "subsection (d)" for "subsection (c)" in the middle of the second sentence of subsection (a).

52-7-7.1. Hull identification numbers required; penalty for violations.

1. No person shall operate on the waters of this state a vessel manufactured after November 1, 1972, unless the vessel displays an assigned hull identification number as required by the United States Coast Guard or by the issuing authority, except any of those vessels exempted by Code Section 52-7-7.6. The hull identification number shall be carved, burned, stamped, embossed, or otherwise permanently affixed to the outboard side of the transom or the starboard side within two feet of the transom above the waterline in accordance with federal law or as directed by the issuing authority.
2. No person shall operate on the waters of this state a vessel that was manufactured before November 1, 1972, for which an issuing authority has issued a hull identification number unless the hull identification number is clearly displayed on the hull of the vessel as described in subsection (a) of this Code section.
3. No person shall destroy, remove, alter, cover, or deface the hull identification number, or any plate or decal bearing such number, of any vessel, except to make necessary repairs that require the removal of the HIN. Immediately upon completion of any repairs requiring the destruction, removal, alteration, covering, or defacing of a vessel's HIN, the person shall reaffix the hull identification number to the vessel in accordance with federal law or shall apply for a replacement hull identification number from the department.
4. No person shall assign the same hull identification number to more than one vessel.
5. Any person who willfully violates subsection (c) or (d) of this Code section with intent to misrepresent the identity of a vessel so as to convert or defraud shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than $500.00 nor more than $5,000.00, by imprisonment for not less than one nor more than five years, or by both such fine and imprisonment. (Code 1981, § 52-7-7.1 , enacted by Ga. L. 2006, p. 96, § 5/HB 1490.)

52-7-7.2. Display of hull identification numbers on new vessels.

Each vessel manufactured or built after April 14, 2006, for sale in this state shall have a hull identification number displayed prior to sale or delivery for sale in accordance with federal law and this article. The hull identification number shall not be altered or replaced by the manufacturer or manufacturer's representative for the purpose of upgrading the model year of a vessel after being offered for sale or delivered to any dealer.

(Code 1981, § 52-7-7.2 , enacted by Ga. L. 2006, p. 96, § 5/HB 1490.)

Code Commission notes. - Pursuant to Code Section 28-9-5, in 2006, "April 14, 2006," was substituted for "the effective date of this Code section" in the first sentence.

52-7-7.3. Seizure of vessels without hull identification numbers; seizure of related property; inspections.

1. If the hull identification number on a vessel required by Code Section 52-7-7.1 or 52-7-7.2 to have a hull identification number does not exist or has been altered, removed, destroyed, covered, or defaced or the real identity of the vessel cannot be determined, the vessel, and any items used while towing such vessel, may be seized as contraband by a law enforcement agency or the department and shall be subject to forfeiture in accordance with the procedures set forth in Chapter 16 of Title 9.
2. A vessel described in subsection (a) of this Code section shall not be sold or operated on the waters of the state unless the department:
   1. Receives a request from a law enforcement agency providing adequate documentation for a replacement hull identification number; or
   2. Is directed by written order of a court of competent jurisdiction to issue to the vessel a replacement hull identification number.
3. The failure to have the hull identification number clearly displayed in compliance with this article shall be probable cause for any law enforcement officer to make further inspection of the vessel in question to ascertain the true identity thereof.
4. Prior to the vessel being sold or returned to the owner or otherwise disposed of, the department shall assign it a new hull identification number in accordance with federal law. (Code 1981, § 52-7-7.3 , enacted by Ga. L. 2006, p. 96, § 5/HB 1490; Ga. L. 2015, p. 693, § 3-30/HB 233.)

The 2015 amendment, effective July 1, 2015, in subsection (a), substituted "such vessel, may be seized as contraband" for "said vessel, may be seized as contraband property" and added "in accordance with the procedures set forth in Chapter 16 of Title 9" at the end; redesignated the former last sentence of the introductory paragraph of subsection (a) as subsection (b); substituted "A vessel described in subsection (a) of this Code section" for "Such vessel" at the beginning of subsection (b); deleted the undesignated paragraph following paragraph (b)(2), which read: "Thereafter, the replacement HIN shall be used for identification purposes. No vessel shall be forfeited if the owner was unaware the vessel's HIN had been altered, removed, destroyed, covered, or defaced."; redesignated former subsection (b) as present subsection (c); and added subsection (d). See Editor's notes for applicability.

Editor's notes. - Ga. L. 2015, p. 693, § 4-1/HB 233, not codified by the General Assembly, provides: "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 on the 2015 amendment of this Code section, see 32 Ga. St. U. L. Rev. 1 (2015).

52-7-7.4. Property not subject to replevin; report by law enforcement agency of seizure of property; procedures.

Reserved. Repealed by Ga. L. 2015, p. 693, § 3-31/HB 233, effective July 1, 2015.

Editor's notes. - This Code section was based on Code 1981, § 52-7-7.4 , enacted by Ga. L. 2006, p. 96, § 5/HB 1490.

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

52-7-7.5. Counterfeit hull identification numbers; penalty.

1. It shall be unlawful for any person to knowingly possess, manufacture, sell or exchange, offer to sell or exchange, aid in the sale or exchange, supply in blank, authorize, direct, or give away any counterfeit HIN, any counterfeit manufacturer's vessel HIN plate or decal, or any manufacturer's vessel HIN plate decal which is assigned to a vessel to be used for the purpose of identification of a vessel other than the one to which it is assigned; or to conspire to do any of the foregoing. However, nothing in this subsection shall be applicable to any approved hull identification number plate or decal issued as a replacement by the manufacturer or an issuing authority.
2. It shall be unlawful for any person to knowingly buy, sell, offer for sale, receive, dispose of, conceal, or have in his or her possession any vessel, outboard motor, or part thereof on which the HIN or any manufacturer's identification label of any kind has been altered, removed, destroyed, covered, or defaced or to knowingly maintain such vessel, outboard motor, or part thereof in any manner which conceals or misrepresents the true identity of the vessel, the outboard motor, or any part thereof.
3. Any person who violates subsection (a) or (b) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than $500.00 nor more than $5,000.00, by imprisonment for not less than one nor more than five years, or by both such fine and imprisonment. (Code 1981, § 52-7-7.5 , enacted by Ga. L. 2006, p. 96, § 5/HB 1490.)

52-7-7.6. Exception to requirement for hull identification numbers.

A vessel shall not be required to have a hull identification number under Code Section 52-7-7.1 or 52-7-7.2 if it is:

1. An innertube; or
2. A vessel used exclusively for racing. (Code 1981, § 52-7-7.6 , enacted by Ga. L. 2006, p. 96, § 5/HB 1490.)

52-7-8. Classification of vessels; required equipment.

1. Classification. Vessels subject to the provisions of this article shall be divided into four classes as follows:      (1) Class A .................................. Less than 16 feet in length      (2) Class 1 ..................................... 16 feet or over and less than 26 feet in length      (3) Class 2 ..................................... 26 feet or over and less than 40 feet in length      (4) Class 3 .................................... 40 feet or more in length
2. Lights. Every vessel in all weathers from sunset to sunrise shall carry and exhibit lights as provided by regulations of the board.
3. Whistle or horn. Every vessel of Class 2 or 3 shall be provided with an efficient whistle or horn or other sound-producing mechanical appliance capable of producing signals required by the rules for the prevention of collision enacted by Congress.
4. Lifesaving devices.
   1. Every vessel shall be equipped with and carry aboard, at all times, at least one Type I, II, III, or V (hybrid) personal flotation device for each person on board; provided, however, that Type V (hybrid) devices are acceptable only when worn and securely fastened. In addition to the individual personal flotation device, each vessel 16 feet or more in length, except for canoes and kayaks, must at all times be equipped with at least one Type IV (throwable) device.
   2. No person may use a vessel upon the waters of this state unless the personal flotation devices as required in paragraph (1) of this subsection are readily accessible to the occupants of the vessel, are in good and serviceable condition, are legibly marked with the United States Coast Guard approved number, and are of an appropriate size for the occupants of the vessel for whom they are intended; provided, however, that the provisions of this subsection shall not apply to racing sculls, racing shells, racing sweeps, or homemade or inflatable rafts, as defined in subsection (o) of Code Section 52-7-12, if such rafts are operated no more than 100 feet from shore on a lake, pond, or other nonflowing body of water.
   3. No person shall operate a moving vessel upon the waters of this state with a child under the age of 13 years on board such vessel unless such child is wearing an appropriately sized personal flotation device, as required by this subsection to be on board the vessel. This requirement shall not apply when the child is within a fully enclosed roofed cabin or other fully enclosed roofed compartment or structure on the vessel.
5. Fire extinguishers.
   1. Every mechanically propelled Class A and Class 1 vessel, constructed so as to have enclosed areas which permit entrapment of gases or vapors, shall carry aboard one Type B-I United States Coast Guard approved hand portable fire extinguisher unless there is a United States Coast Guard approved fixed fire-extinguishing system installed in the machinery space. When such a fixed fire-extinguishing system is installed in the machinery space, no hand portable fire extinguisher will be required.
   2. Every mechanically propelled Class 2 vessel, regardless of construction, shall carry aboard two Type B-I or one Type B-II United States Coast Guard approved hand portable fire extinguisher. When a United States Coast Guard approved fixed fire-extinguishing system is installed in the machinery space, one less Type B-I hand portable fire extinguisher is required.
   3. Every mechanically propelled Class 3 vessel, regardless of construction, shall carry aboard three Type B-I or one Type B-I and one Type B-II United States Coast Guard approved hand portable fire extinguisher. When a United States Coast Guard approved fixed fire-extinguishing system is installed in the machinery space, one less Type B-I hand portable fire extinguisher is required.
   4. The carriage of any dry stored pressure fire extinguishers not fitted with pressure gauges or indicating devices or any vaporizing liquid fire extinguishers containing carbon tetrachloride, chlorbomethane, or any other toxic vaporizing liquids is prohibited.
   5. The carriage of any United States Coast Guard approved hand portable fire extinguisher or any fixed fire extinguishing system which is not fully charged shall be prohibited.
6. Equipment exemptions in authorized races. Subsections (c) and (e) of this Code section shall not apply to vessels while competing in any race conducted pursuant to Code Section 52-7-19 or, if such vessels are designed and intended solely for racing, while engaged in such navigation as is incidental to the tuning up of the boats and engines for the race.
7. Flame arrester for carburetor. Every vessel shall have the carburetor or carburetors of every engine therein, except outboard motors using gasoline as fuel, equipped with an efficient United States Coast Guard approved flame arrester, backfire trap, or other similar device.
8. Ventilation. Every such vessel, except open boats, using as fuel any liquid of a volatile nature, shall be provided with means for properly and efficiently ventilating the bilges of the engine and fuel tank compartments so as to remove any explosive or flammable gases.
9. Rules and regulations. No person shall operate or give permission for the operation of a vessel which is not equipped as required by this article or the rules and regulations of the department made pursuant thereto.
10. Sale of personal flotation devices. It shall be unlawful for any person to sell or offer for sale within this state any personal flotation device which is not United States Coast Guard approved unless such device is clearly marked as follows: "Notice: This personal flotation device is not United States Coast Guard approved."
11. Definition. As used in this Code section, the term "personal flotation device" shall not include flotation devices such as plastic toys, rafts, and other devices used for recreational purposes in or around swimming pools, lakes, or beaches when such devices are easily recognizable as not being designed or intended for use as lifesaving devices.
12. Penalty. Any person who violates this Code section shall be guilty of a misdemeanor.

    (Ga. L. 1968, p. 487, § 10; Ga. L. 1973, p. 1427, § 8; Ga. L. 1975, p. 773, § 1; Ga. L. 1976, p. 1632, §§ 2, 3; Ga. L. 1977, p. 1182, §§ 4-6; Ga. L. 1978, p. 1743, § 2; Ga. L. 1982, p. 3, § 52; Ga. L. 1984, p. 1203, § 1; Ga. L. 1985, p. 149, § 52; Ga. L. 1987, p. 567, § 6; Ga. L. 1992, p. 2075, § 1; Ga. L. 1994, p. 680, § 2; Ga. L. 1996, p. 326, § 1; Ga. L. 1996, p. 1273, § 1; Ga. L. 2001, p. 1000, § 1; Ga. L. 2003, p. 481, § 2; Ga. L. 2012, p. 775, § 52/HB 942; Ga. L. 2013, p. 92, § 4/SB 136; Ga. L. 2014, p. 866, § 52/SB 340; Ga. L. 2016, p. 223, § 1/HB 172.)

The 2012 amendment, effective May 1, 2012, part of an Act to revise, modernize, and correct the Code, deleted the last sentence of subsection (k), which read: "Any person who violates this Code section shall be guilty of a misdemeanor."

The 2013 amendment, effective May 15, 2013, substituted "under the age of 13 years on board such vessel unless such child" for "under age of ten on board such vessel unless the child" in the first sentence of paragraph (d)(3). See Editor's notes for applicability.

The 2014 amendment, effective April 29, 2014, part of an Act to revise, modernize, and correct the Code, substituted "the term" for "the words" in subsection (k).

The 2016 amendment, effective July 1, 2016, inserted "that" in the first sentence of paragraph (d)(1); in paragraph (d)(2), inserted "the" preceding "provisions", and substituted "racing sweeps, or homemade or inflatable rafts, as defined in subsection (o) of Code Section 52-7-12, if such rafts are operated no more than 100 feet from shore on a lake, pond, or other nonflowing body of water" for "and racing sweeps" near the end.

Code Commission notes. - Pursuant to Code Section 28-9-5, in 2011, the former last two sentences of subsection (j) were redesignated as subsections (k) and (l), respectively.

Editor's notes. - Ga. L. 1996, p. 326, § 2, provides that the 1996 amendment by that Act shall be automatically repealed on August 25, 1996.

Ga. L. 2013, p. 92, § 14/SB 136, not codified by the General Assembly, provides, in part, that the amendment of this Code section by that Act shall apply to all offenses occurring on and after May 15, 2013; provided, however, that for purposes of determining the number of prior convictions or pleas of nolo contendere pursuant to the felony provisions of paragraph (4) of subsection (m) of Code Section 52-7-12, only those offenses for which a conviction or a plea of nolo contendere is obtained on or after May 15, 2013, shall be considered.

U.S. Code. - The "rules for the prevention of collision," referred to in subsection (c) of this section, are codified principally at 33 U.S.C. § 2001 et seq.

52-7-8.1. Discharge of sewage from vessels on lakes; use of vessels with marine toilets on protected fresh waters; certificate and recordation requirements.

1. 1. The General Assembly finds that because of the increasing number of vessels having marine toilets which are operated or moored on Allatoona Lake, Lake Blackshear, Clarks Hill Lake, Hartwell Lake, Lake Sidney Lanier, Lake Oconee, Lake Seminole, Lake Sinclair, Russell Lake, Walter F. George Reservoir, Lake Blue Ridge, and West Point Lake, it is necessary for the protection of the public health, safety, and welfare to prohibit the discharge of sewage from such vessels into the waters of such lakes.
   2. Because of the findings stated in paragraph (1) of this subsection, it is declared to be the intent of the General Assembly to protect and enhance the quality of the waters of such lakes by requiring greater environmental protection than is provided pursuant to Section 312 of the Federal Water Pollution Control Act, as amended, such that any discharge of sewage from a vessel into the waters of such lakes shall be prohibited.
2. Except as otherwise provided in the federal Clean Water Act of 1977, P.L. 95-217, as now or hereafter amended, it shall be unlawful for any person to operate or float a vessel, whether moored or not, on protected fresh waters, from which sewage is discharged into such protected fresh waters.
3. Except as otherwise provided in the federal Clean Water Act of 1977, P.L. 95-217, as now or hereafter amended, it shall be unlawful to operate or float any vessel on protected fresh waters which has located within or on such vessel a marine toilet, unless such marine toilet is designed and operated to prevent the discharge of sewage, treated or untreated, into protected fresh waters and is equipped with a holding tank, as the term is defined in Code Section 52-7-3, which is constructed and installed in such a manner that it can be emptied only by pumping out.
4. It shall be unlawful to pump out any sewage from a holding tank except into a pump-out facility approved by the department. It shall also be unlawful to discharge or dispose of the wastes from a portable marine toilet into protected fresh waters except into a pump-out facility approved by the department or into a permanent toilet or sewer system located on dry land.
5. Except as otherwise provided in the federal Clean Water Act of 1977, P.L. 95-217, as now or hereafter amended, it shall be unlawful for any person to operate or float a vessel having a marine toilet, whether moored or not, on protected fresh waters, unless it has a certificate issued by the department affixed thereto immediately adjacent to its registration number.  No certificate may be issued unless a marine toilet and holding tank, as the terms are defined in Code Section 52-7-3, have been properly installed on the vessel.
6. Applications shall be signed by the owner or owners of the vessel and shall be accompanied by a fee of $5.00. A certificate issued under this Code section shall continue in full force and effect, and shall not require renewal; provided, however, that the certificate shall become invalid if it is determined that a false or fraudulent statement was made in the application. Notwithstanding any other provision of law, the department is authorized to retain all funds generated by the operation of its program to require certificates for marine toilets under this Code section for use in the operation of that program. Any such funds not expended for this purpose in the fiscal year in which they are generated shall be deposited in the state treasury, provided that nothing in this Code section shall be construed so as to allow the department to retain any funds required by the Constitution of the State of Georgia to be paid into the state treasury; provided, further, that the department shall comply with all provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the "Budget Act," except Code Section 45-12-92, prior to expending any such miscellaneous funds.
7. 1. This Code section shall apply on and after July 1, 1988, for all vessels on the waters of Lake Sidney Lanier, whether or not they are registered. Each owner of a vessel registered prior to July 1, 1988, shall declare the existence of any marine toilet on the vessel and shall apply for a certificate for the marine toilet at the first date of renewal of the vessel's registration after July 1, 1988, if said vessel is to be operated or floated on such waters.  For vessels registered after July 1, 1988, which will be operated or floated on such waters, each vessel owner shall declare the existence of any marine toilet and apply for a certificate for the marine toilet at the same time application is made to register a vessel.  Regardless of any other provisions of this title to the contrary, any vessel which has a marine toilet and which is to be operated or floated on such waters must be registered and must obtain a certificate pursuant to this Code section.
   2. Except as provided by paragraph (1) of this subsection, this Code section shall apply on and after July 1, 1991, for all vessels on protected fresh waters, whether or not they are registered. Each owner of a vessel registered prior to July 1, 1991, shall declare the existence of any marine toilet on the vessel and shall apply for a certificate for the marine toilet at the first date of renewal of the vessel's registration after July 1, 1991, if said vessel is to be operated or floated on protected fresh waters.  For vessels registered after July 1, 1991, which will be operated or floated on protected fresh waters, each vessel owner shall declare the existence of any marine toilet and apply for a certificate for the marine toilet at the same time application is made to register a vessel.  Regardless of any other provisions of this title to the contrary, any vessel which has a marine toilet and which is to be operated or floated on protected fresh waters must be registered and must obtain a certificate pursuant to this Code section.
8. Any person owning a vessel with a marine toilet, who does not obtain a certificate for such toilet as provided in subsection (g) of this Code section, if such vessel is operated or floated on protected fresh waters, and any person who falsifies information about the existence of a marine toilet or holding tank in an application for a certificate, shall be guilty of a misdemeanor and shall be subject to the penalties associated with misdemeanors.
9. Persons operating or floating vessels with marine toilets and subject to the requirements of this Code section shall create and maintain for at least one year after creation records which indicate the name and location of pump-out facilities used and the dates of such use. Persons who own or operate pump-out facilities shall also create and maintain for at least one year after creation records which indicate the name and vessel registration number, the date of pump-out, and verification of pump-out.
10. In the event any provision of this Code section is found to be in conflict with the federal Clean Water Act of 1977, P.L. 95-217, as now or hereafter amended, such federal act shall control. (Code 1981, § 52-7-8.1 , enacted by Ga. L. 1988, p. 1343, § 3; Ga. L. 1989, p. 656, § 1; Ga. L. 1990, p. 1218, §§ 3-5; Ga. L. 1992, p. 6, § 52; Ga. L. 1993, p. 459, § 2.)

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1988, in subsection (e), commas were inserted following "marine toilet" in the first sentence and "holding tank" and "Code Section 52-7-3" in the second sentence; "of the State" was added following "Constitution" in subsection (f); and a comma was deleted following "creation" in the first and second sentences of subsection (i).

52-7-8.2. Restrictions on operation of personal watercraft.

1. As used in this Code section, the term:
   1. "Accompanied by" means in the physical presence within the vessel of a person who is not under the influence of alcohol, toxic vapors, or drugs to a degree which would constitute a violation of Code Section 52-7-12 were such person operating the vessel.
   2. "Personal watercraft" means a Class A vessel which:
      1. Has an outboard motor or which has an inboard motor which uses an internal combustion engine powering a water jet pump as its primary source of motive propulsion;
      2. Is designed with the concept that the operator and passenger ride on the outside surfaces of such vessel as opposed to riding inside such vessel; and
      3. Has the probability that the operator and passenger may, in the normal course of use, fall overboard.

         Such term includes, without limitation, any vessel where the operator and passenger ride on the outside surfaces of the vessel, even if the primary source of motive propulsion is a propeller, and any vessel commonly known as a "jet ski."

2. No person shall operate or give permission to operate personal watercraft on the waters of this state unless each person aboard such personal watercraft is wearing a United States Coast Guard approved personal flotation device, Type I, Type II, Type III, or Type V. Each such personal flotation device must be properly fastened, in good and serviceable condition, and the proper size for the person wearing it.
3. Reserved.
4. No person shall operate a personal watercraft on the waters of this state after sunset or before sunrise unless such person is engaged in the enforcement of the laws of this state or this nation.
5. No person shall operate a personal watercraft on the waters of this state unless such personal watercraft is equipped with a self-circling device or a lanyard-type engine cutoff switch.
6. No person shall operate on the waters of this state a personal watercraft which has been equipped by the manufacturer with a lanyard-type engine cutoff switch unless the lanyard and the switch are operational and unless the lanyard is attached to the operator, the operator's clothing, or a personal flotation device worn by the operator.
7. No person shall operate on the waters of this state a personal watercraft which has been equipped by the manufacturer with a self-circling device if the self-circling device or the engine throttle has been altered in any way that would prohibit the self-circling device from operating in its intended manner.
8. It shall be unlawful for any person who owns a personal watercraft or who has charge over or control of a personal watercraft to authorize or knowingly to permit such personal watercraft to be operated in violation of this Code section or of Code Section 52-7-8.3.
9. The provisions of this Code section shall not apply to vessels engaged in any activity authorized under Code Section 52-7-19.
10. No person shall operate a personal watercraft on the waters of this state at a speed greater than idle speed within 100 feet of any moored or anchored vessel, any vessel adrift, or any wharf, dock, pier, piling, bridge structure or abutment, person in the water, or shoreline adjacent to a full-time or part-time residence, public park, public beach, public swimming area, marina, restaurant, or other public use area.
11. It shall be unlawful for any person to operate a personal watercraft on the waters of this state while towing a person or persons on water skis, aquaplanes, surfboards, tubes, or any similar device; provided, however, that the provisions of this subsection shall not apply to any personal watercraft designed by the manufacturer to carry three or more persons, provided that such personal watercraft has on board a competent observer in addition to the operator at any time that a person is being towed.
12. No person under the age of 16 years shall operate a personal watercraft on the waters of this state; provided, however, that a person 12 through 15 years of age may operate a personal watercraft if he or she is accompanied by an adult 18 years of age or older or he or she has successfully completed a boating education course approved by the department. The department may conduct or provide boating education courses to the public.
13. It shall be unlawful for any person to cause or knowingly permit such person's child or ward who is less than 12 years of age or the child or ward of another over whom such person has a permanent or temporary responsibility of supervision if such child or ward is less than 12 years of age to operate a personal watercraft.
14. It shall be unlawful for any person to cause or knowingly permit such person's child or ward who is age 12 through 15 years or the child or ward of another over whom such person has a permanent or temporary responsibility of supervision if such child or ward is age 12 through 15 years to operate a personal watercraft other than in compliance with the provisions of subsection (l) of this Code section. (Code 1981, § 52-7-8.2 , enacted by Ga. L. 1992, p. 2075, § 2; Ga. L. 1994, p. 680, §§ 3, 4; Ga. L. 1995, p. 10, § 52; Ga. L. 1998, p. 679, § 1; Ga. L. 2013, p. 92, § 5/SB 136.)

The 2013 amendment, effective May 15, 2013, in subsection (a), inserted ", toxic vapors," in paragraph (a)(1); deleted former paragraph (a)(2), which read: "'Class A vessel' means a boat less than 16 feet in length."; redesignated former paragraph (a)(3) as present paragraph (a)(2); substituted "such vessel" for "the vessel" twice in subparagraph (a)(2)(B); in the ending undesignated paragraph of paragraph (a)(2), substituted "vessel commonly" for "vessels commonly" near the end; and deleted former paragraph (a)(4), which read: "'Under the direct supervision' means within sight of and within 400 yards of a person who is not under the influence of alcohol or drugs to a degree which would constitute a violation of Code Section 52-7-12 were such person operating the vessel and who is aware of his or her supervisory responsibility."; substituted the present provisions of subsection (c) for the former provisions, which read: "No person shall rent, lease, or let for hire a personal watercraft to any person under the age of 16 years"; substituted the present provisions of subsection (l) for the former provisions, which read: "On and after June 1, 1995, no person under the age of 16 years shall operate a personal watercraft on the waters of this state; provided, however, that a person age 12 through 15 years may operate a personal watercraft if he or she is accompanied by an adult age 18 or over or he or she has successfully completed a personal watercraft safety program approved by the department or is under direct supervision by an adult age 18 or over. The department may, but shall not be required to, conduct or provide personal watercraft safety courses to the public."; and substituted "It shall" for "On and after July 1, 1995, it shall" at the beginning of subsection (m). See Editor's notes for applicability.

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1992, "vessel" was substituted for "Vessel" in paragraph (a)(1).

Pursuant to Code Section 28-9-5, in 1998, "sunrise unless" was substituted for "sunrise; unless," in subsection (d).

Editor's notes. - Ga. L. 2013, p. 92, § 1/SB 136, not codified by the General Assembly, provides, in part, that Sections 5, 6, and 11 of this Act shall be known and may be cited as the "Kile Glover Boat Education Law".

Ga. L. 2013, p. 92, § 14/SB 136, not codified by the General Assembly, provides, in part, that the amendment of this Code section by that Act shall apply to all offenses occurring on and after May 15, 2013; provided, however, that for purposes of determining the number of prior convictions or pleas of nolo contendere pursuant to the felony provisions of paragraph (4) of subsection (m) of Code Section 52-7-12, only those offenses for which a conviction or a plea of nolo contendere is obtained on or after May 15, 2013, shall be considered.

52-7-8.3. Operation of watercraft; identification; operation by minors.

1. A person 16 years of age or older may operate any vessel or personal watercraft on any of the waters of this state if such person has met the applicable requirements of Code Section 52-7-22, and such person has in such vessel proper identification.
2. A person 12 through 15 years of age may operate a personal watercraft or Class A vessel on any of the waters of this state in compliance with the provisions of this article if such person:
   1. Is accompanied by an adult 18 years of age or older who is authorized to operate such vessel under the provisions of subsection (a) of this Code section; or
   2. Has completed a boating education course approved by the department.
3. No person between 12 through 15 years of age may operate a Class 1, Class 2, or Class 3 vessel.
4. No person under the age of 12 years shall operate any Class 1, 2, or 3 vessel or any personal watercraft on any of the waters of this state, and no such person shall operate any Class A vessel utilizing mechanical means of propulsion exceeding 30 horsepower. Such person may operate a Class A vessel, other than a personal watercraft, utilizing mechanical means of propulsion not exceeding 30 horsepower only where such person is accompanied by an adult 18 years of age or older who is authorized to operate such vessel under the provisions of subsection (a) of this Code section.
5. No person having ownership or control of a vessel shall permit another person to operate such vessel in violation of this Code section.
6. No person shall rent, lease, or let for hire any vessel ten horsepower or more to any person under 16 years of age. On and after July 1, 2014, a person 16 years of age or older may rent or lease any vessel ten horsepower or more if such person has completed a boating education course approved by the department. This subsection shall not apply to any person licensed by the United States Coast Guard as a master of a vessel or a nonresident who has in his or her possession proof that he or she has completed a National Association of State Boating Law Administrators approved boater education course or equivalency examination from another state.
7. As used in this Code section, the term:
   1. "Accompanied by" means in the physical presence within the vessel of a person who is not under the influence of alcohol, toxic vapors, or drugs to a degree which would constitute a violation of Code Section 52-7-12 were such person operating the vessel.
   2. "Personal watercraft" shall have the same meaning as set forth in Code Section 52-7-8.2 .
   3. "Proper identification" shall have the same meaning as in subsection (d) of Code Section 3-3-23 , relating to furnishing of alcoholic beverages. (Code 1981, § 52-7-8.3 , enacted by Ga. L. 1998, p. 679, § 2; Ga. L. 2000, p. 1563, § 1; Ga. L. 2003, p. 140, § 52; Ga. L. 2013, p. 92, § 6/SB 136.)

The 2013 amendment, effective May 15, 2013, rewrote subsections (a) through (c); in subsection (d), inserted "years" near the beginning of the first sentence, substituted "adult 18 years of age or older" for "adult age 18 or over" in middle of the second sentence; added subsections (e) and (f); redesignated former subsection (e) as present subsection (g); inserted ", toxic vapors," in the middle of paragraph (g)(1); added paragraph (g)(2); redesignated the former last sentence of former subsection (e) as present paragraph (g)(3); deleted former paragraph (g)(3), which read: "'Under the direct supervision' means within sight of and within 400 yards of a person who is not under the influence of alcohol or drugs to a degree which would constitute a violation of Code Section 52-7-12 were such person operating the vessel and who is aware of his or her supervisory responsibility."; and deleted former subsection (f), which read: "No person having ownership or control of a vessel shall permit another person to operate such vessel in violation of this Code section." See Editor's notes for applicability.

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1998, the spelling of "exceeding", "subsection", and "nonmotorized" was corrected in subsection (c).

Editor's notes. - Ga. L. 2013, p. 92, § 1/SB 136, not codified by the General Assembly, provides, in part, that Sections 5, 6, and 11 of this Act shall be known and may be cited as the "Kile Glover Boat Education Law".

Ga. L. 2013, p. 92, § 14/SB 136, not codified by the General Assembly, provides, in part, that the amendment of this Code section by that Act shall apply to all offenses occurring on and after May 15, 2013; provided, however, that for purposes of determining the number of prior convictions or pleas of nolo contendere pursuant to the felony provisions of paragraph (4) of subsection (m) of Code Section 52-7-12, only those offenses for which a conviction or a plea of nolo contendere is obtained on or after May 15, 2013, shall be considered.

52-7-9. Boat liveries.

1. The owner of a boat livery shall cause to be kept a record of the name and address of the person or persons hiring any vessel, the identification number thereof, the departure date and time, and the expected time of return. The record shall be preserved for at least six months.
2. Neither the owner of a boat livery nor his agent or employees shall permit any vessel to depart from his premises unless it shall have been provided either by the owner or renter with the equipment required pursuant to Code Section 52-7-8 and any rules and regulations made pursuant thereto.
3. No livery boat, except those having a length of 16 feet or less with a depth of 16 inches or less, shall be operated by any person unless there is on board a copy of the rental agreement authorizing such operation which shows the vessel number, the period of time the boat is authorized for use by such operator, and any other pertinent information that the department may require.

   (Ga. L. 1973, p. 1427, § 9; Ga. L. 1976, p. 1632, § 4.)

52-7-10. Exhausts to be muffled; exemptions; noise level testing.

1. The exhaust of every internal combustion engine used on any vessel, excluding those vessels documented by the United States Coast Guard and licensed pursuant to Code Section 27-2-8, shall be muffled or baffled and water injected, except those engines that exhaust through the lower unit or outdrive when the vessel is on plane, so as to decrease noise. Vessels competing in regattas or boat races approved under the provisions of Code Section 52-7-19 may be exempt from such provisions.
2. The operator of any vessel, when requested to do so by any law enforcement officer authorized to enforce this title, shall submit the vessel to a noise level test.

   (Ga. L. 1973, p. 1427, § 10; Ga. L. 1980, p. 738, § 5; Ga. L. 1987, p. 567, § 7; Ga. L. 1988, p. 410, § 3; Ga. L. 2000, p. 1563, § 2.)

52-7-11. Lights.

1. Categories. Requirements for lights on vessels operated within this state fall into two categories: regulations for vessels using inland waters (waters of this state) and regulations for vessels using international waters (coastal waters). Vessels equipped to meet international waters requirements may operate on any waters; however, vessels equipped to meet inland waters requirements are restricted to inland waters.
2. Inland waters (waters within the state) requirements.
   1. All nonmotorized vessels being operated during hours of darkness or low visibility shall have ready at hand a white light which shall be displayed in time to prevent collision.
   2. All motorized Class A and Class 1 vessels being operated during hours of darkness or low visibility shall display a 32 point white stern light visible for a distance of two miles, plus a 20 point combination red and green light on the bow or ten-point combination red and green side lights properly screened and visible for a distance of one mile and displayed lower than the white stern light.
   3. All motorized Class 2 and 3 vessels being operated during hours of darkness or low visibility shall display a 20 point white light on the bow visible for a distance of two miles, plus a 32 point white light on the stern fixed higher than the white light forward and visible for a distance of two miles, plus separate ten-point red and green side lights fitted with inboard screens to keep the lights from showing across the bow and visible for a distance of one mile.
   4. Class A and Class 1 vessels equipped with sail only or sail and motor, when under sail only while being operated during hours of darkness or low visibility, shall display a 20 point combination red and green light on the bow visible for a distance of one mile, plus a 12 point white stern light visible for a distance of two miles.
   5. Class 2 and Class 3 vessels equipped with sail only or sail and motor, when under sail only while being operated during the hours of darkness or low visibility, shall display separate ten-point red and green side lights, properly screened and visible for a distance of at least one mile, plus a 12 point white stern light visible for a distance of at least two miles.
   6. When any vessel is being powered by sail and motor both, that vessel shall carry the same lights as those required for power alone.
3. International waters (coastal) requirements.
   1. All motorized Class A, Class 1, and Class 2 vessels being operated during the hours of darkness or low visibility shall display either a 20 point combination red and green light on the bow, or else ten-point red and green side lights properly screened and visible for a distance of at least one mile, plus a 20 point white light displayed in the fore part of the vessel and visible for a distance of three miles displayed three feet above the combination or side lights, plus a 12 point white stern light visible for a distance of at least two miles.
   2. All motorized Class 3 vessels being operated during the hours of darkness or low visibility shall display either a 20 point combination red and green light on the bow or else ten-point red and green side lights properly screened and visible for a distance of one mile, plus a 20 point white light in the fore part of the vessel displayed nine feet above the gunwales and three feet higher than the colored lights and visible for a distance of three miles, plus a 12 point white stern light visible for at least two miles.
   3. All Class A, Class 1, and Class 2 vessels equipped with sail and motor being operated under power during hours of darkness or low visibility shall display either a 20 point combination red and green light on the bow or else ten-point red and green side lights properly screened and visible for one mile, plus a 20 point white light in the fore part of the vessel at least three feet higher than the colored lights and visible for a distance of three miles, plus a 12 point white stern light visible for a distance of two miles.
   4. All Class 3 vessels equipped with sail and motor being operated under power during hours of darkness or low visibility shall display either a 20 point combination red and green light on the bow or else ten-point red and green side lights properly screened and visible for a distance of two miles, plus a 20 point white light in the fore part of the vessel at least nine feet above the gunwale and three feet higher than the colored lights and visible for a distance of two miles, plus a 12 point white stern light visible for a distance of two miles.
   5. All sailboats of Class A, Class 1, and Class 2 being operated under sail only during the hours of darkness or low visibility shall display a 20 point combination red and green bow light visible for a distance of one mile, or ten-point red and green side lights properly screened and visible for a distance of one mile, plus a 12 point white stern light visible for a distance of two miles.
   6. All sailboats of Class 3, being operated under sail only during the hours of darkness or low visibility shall display a 20 point combination red and green bow light visible for a distance of one mile, or ten-point red and green side lights properly screened and visible for a distance of one mile, plus a 12 point white stern light visible for a distance of two miles.
   7. Sailing vessels may carry on top of the foremast two 20 point lights in a vertical line one over the other and separated so as to be clearly distinguished. The upper light shall be red and the lower light green.
4. Vessels at anchor. All vessels at anchor, except those anchored or moored within marinas or other designated anchorages, shall display a 32 point white stern light during hours of darkness or low visibility.
5. Other lights. During the hours of darkness or low visibility, no other lights which may be mistaken for those prescribed shall be exhibited.

   (Ga. L. 1977, p. 1182, § 7; Ga. L. 1995, p. 10, § 52; Ga. L. 2013, p. 92, § 7/SB 136.)

The 2013 amendment, effective May 15, 2013, substituted "bow or ten-point combination red and green side lights properly screened and visible" for "bow, visible" in the middle of paragraph (b)(2). See Editor's notes.

Editor's notes. - Ga. L. 2013, p. 92, § 14/SB 136, not codified by the General Assembly, provides, in part, that the amendment of this Code section by that Act shall apply to all offenses occurring on and after May 15, 2013; provided, however, that for purposes of determining the number of prior convictions or pleas of nolo contendere pursuant to the felony provisions of paragraph (4) of subsection (m) of Code Section 52-7-12, only those offenses for which a conviction or a plea of nolo contendere is obtained on or after May 15, 2013, shall be considered.

52-7-12. Operation of watercraft while under influence of alcohol, toxic vapors, or drugs; legal drug use not exempted; blood and other chemical tests; test refusal; owner's liability for allowing another to operate while intoxicated; civil and criminal actions; child endangerment.

1. No person shall operate, navigate, steer, or drive any moving vessel, or be in actual physical control of any moving vessel, nor shall any person manipulate any moving water skis, moving aquaplane, moving surfboard, or similar moving device while:
   1. Under the influence of alcohol to the extent that it is less safe for the person to operate, navigate, steer, drive, manipulate, or be in actual physical control of a moving vessel, moving water skis, moving aquaplane, moving surfboard, or similar moving device;
   2. Under the influence of any drug to the extent that it is less safe for the person to operate, navigate, steer, drive, manipulate, or be in actual physical control of a moving vessel, moving water skis, moving aquaplane, moving surfboard, or similar moving device;
   3. Under the intentional influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to operate, navigate, steer, drive, manipulate, or be in actual physical control of a moving vessel, moving water skis, moving aquaplane, moving surfboard, or similar moving device;
   4. Under the combined influence of any two or more of the substances specified in paragraphs (1) through (3) of this subsection to the extent that it is less safe for the person to operate, navigate, steer, drive, manipulate, or be in actual physical control of a moving vessel, moving water skis, moving aquaplane, moving surfboard, or similar moving device;
   5. The person's alcohol concentration is 0.08 grams or more at any time within three hours after such operating, navigating, steering, driving, manipulating, or being in actual physical control of a moving vessel, moving water skis, moving aquaplane, moving surfboard, or similar moving device from alcohol consumed before such operating, navigating, steering, driving, manipulating, or being in actual physical control ended; or
   6. Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person's blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person's breath or blood.
2. The fact that any person charged with violating this Code section is or has been legally entitled to use a drug shall not constitute a defense against any charge of violating this Code section; provided, however, that such person shall not be in violation of this Code section unless such person is rendered incapable of operating, navigating, steering, driving, manipulating, or being in actual physical control of a moving vessel, moving water skis, moving aquaplane, moving surfboard, or similar moving device safely as a result of using a drug other than alcohol which such person is legally entitled to use.
3. Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while operating, navigating, steering, driving, manipulating, or being in actual physical control of a moving vessel, moving water skis, moving aquaplane, moving surfboard, or similar moving device while under the influence of alcohol or drugs, evidence of the amount of alcohol or drug in a person's blood, urine, breath, or other bodily substance at the alleged time, as determined by a chemical analysis of the person's blood, urine, breath, or other bodily substance, shall be admissible. Where such chemical test is made, the following provisions shall apply:
   1. Chemical analysis of the person's blood, urine, breath, or other bodily substance, to be considered valid under this Code section, shall have been performed according to methods approved by the Division of Forensic Sciences of the Georgia Bureau of Investigation and by an individual possessing a valid permit issued by the Division of Forensic Sciences for this purpose. The Division of Forensic Sciences of the Georgia Bureau of Investigation is authorized to approve satisfactory techniques or methods to ascertain the qualifications and competence of individuals to conduct analyses and to issue permits, which shall be subject to termination or revocation at the discretion of the Division of Forensic Sciences;
   2. When a person undergoes a chemical test at the request of a law enforcement officer under subsection (e) of this Code section, only a physician, registered nurse, laboratory technician, emergency medical technician, or other qualified person may withdraw blood for the purpose of determining the alcoholic or drug content therein, provided that this limitation shall not apply to the taking of breath or urine specimens. No physician, registered nurse, laboratory technician, emergency medical technician, or other qualified person or employer thereof shall incur any civil or criminal liability as a result of the medically proper obtaining of such blood specimens when requested in writing by a law enforcement officer;
   3. The person tested may have a physician or a qualified technician, chemist, registered nurse, or other qualified person of his or her own choosing administer a chemical test or tests in addition to any administered at the direction of a law enforcement officer. The justifiable failure or inability to obtain an additional test shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer; and
   4. Upon the request of the person who submits to a chemical test or tests at the request of a law enforcement officer, full information concerning such test or tests shall be made available to such person or such person's attorney. The arresting officer at the time of arrest shall advise the person arrested of his or her rights to a chemical test or tests according to this Code section.
4. Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while operating, navigating, steering, driving, manipulating, or being in actual physical control of a moving vessel, moving water skis, moving aquaplane, moving surfboard, or similar moving device while under the influence of alcohol, the amount of alcohol in the person's blood at the time alleged, as shown by chemical analysis of the person's blood, urine, breath, or other bodily substance, shall give rise to the following presumptions:
   1. If there was at that time an alcohol concentration of 0.05 grams or less, it shall be presumed that the person was not under the influence of alcohol, as prohibited by paragraphs (1), (4), and (5) of subsection (a) of this Code section;
   2. If there was at that time an alcohol concentration in excess of 0.05 grams but less than 0.08 grams, such fact shall not give rise to any presumption that the person was or was not under the influence of alcohol, as prohibited by paragraphs (1), (4), and (5) of subsection (a) of this Code section, but such fact may be considered with other competent evidence in determining whether the person was under the influence of alcohol, as prohibited by paragraphs (1), (4), and (5) of subsection (a) of this Code section; and
   3. If there was at that time or within three hours after operating, navigating, steering, driving, manipulating, or being in actual physical control of a moving vessel, moving water skis, moving aquaplane, moving surfboard, or similar moving device from alcohol consumed before such operating, navigating, steering, driving, manipulating, or being in actual physical control ended an alcohol concentration of 0.08 or more grams, the person shall be in violation of paragraph (5) of subsection (a) of this Code section.
5. The State of Georgia considers that persons who are under the influence of alcohol, toxic vapors, or drugs while operating a vessel on the waters of this state constitute a direct and immediate threat to the welfare and safety of the general public. Therefore, any person who operates a vessel upon the waters of this state shall be deemed to have given consent, subject to subsection (c) of this Code section, to a chemical test or tests of his or her blood, breath, or urine or other bodily substance for the purpose of determining the alcoholic or drug content of his or her blood if arrested for any offense arising out of acts alleged to have been committed while the person was operating, navigating, steering, driving, manipulating, or in actual physical control of a moving vessel, moving water skis, moving aquaplane, moving surfboard, or similar moving device while under the influence of alcohol, toxic vapors, or any drug. The test or tests shall be administered at the request of a law enforcement officer having reasonable grounds to believe that the person has been operating or was in actual physical control of a vessel upon the waters of this state while under the influence of alcohol, toxic vapors, or any drug. Subject to subsection (c) of this Code section, the requesting law enforcement officer shall designate which of the aforesaid tests shall be administered.
6. Any person who is dead, unconscious, or otherwise in a condition rendering him or her incapable of refusal shall be deemed not to have withdrawn the consent provided by subsection (e) of this Code section, and the test or tests may be administered subject to subsection (c) of this Code section.
7. If a person refuses, upon the request of a law enforcement officer, to submit to a chemical test designated by the law enforcement officer as provided in subsection (e) of this Code section, no test shall be given; however, such refusal shall be admissible in evidence.
8. In the event of a boating accident involving a fatality, the investigating coroner or medical examiner having jurisdiction shall direct that a chemical blood test to determine blood alcohol concentration (BAC) or the presence of drugs be performed on the dead person or persons and that the results of such test be properly recorded in his or her report.
9. It shall be unlawful for the owner of any vessel knowingly to allow or authorize any person to operate such vessel or to manipulate any water skis, aquaplane, surfboard, or similar device being towed by such vessel when the owner knows or has reasonable grounds to believe that said person is intoxicated or under the influence of alcohol, toxic vapors, or drugs in violation of this Code section.
10. In any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of subsection (k) of this Code section, if there was at that time or within three hours after operating, navigating, steering, driving, or being in actual physical control of a moving vessel or personal watercraft from alcohol consumed before such operating, navigating, steering, driving, or being in actual physical control ended an alcohol concentration of 0.02 grams or more in the person's blood, breath, or urine, the person shall be in violation of subsection (k) of this Code section.
11. 1. A person under the age of 21 years shall not operate, navigate, steer, drive, or be in actual physical control of any moving vessel, moving water skis, moving aquaplane, moving surfboard or similar moving device, or personal watercraft while such person's alcohol concentration is 0.02 grams or more at any time within three hours after such operating, navigating, steering, driving, or being in actual physical control from alcohol consumed before such operating, navigating, steering, driving, or being in actual physical control ended.
    2. No plea of nolo contendere shall be accepted for any person under the age of 21 years charged with a violation of this Code section.
12. A person who violates this Code section while transporting in a moving vessel or personal watercraft or towing on water skis, an aquaplane, a surfboard, or similar device a child under the age of 14 years shall be guilty of the separate offense of endangering a child by operating a moving vessel or personal watercraft under the influence of alcohol, toxic vapors, or drugs. The offense of endangering a child by operating a moving vessel or personal watercraft under the influence of alcohol, toxic vapors, or drugs shall not be merged with the offense of operating a vessel under the influence of alcohol, toxic vapors, or drugs for the purposes of prosecution and sentencing. An offender who is convicted of a violation of this subsection shall be punished in accordance with the provisions of subsection (d) of Code Section 16-12-1.
13. Every person convicted of violating this Code section shall, upon a first or second conviction thereof, be guilty of a misdemeanor; upon a third conviction thereof, be guilty of a high and aggravated misdemeanor; and upon a fourth or subsequent conviction thereof, be guilty of a felony except as otherwise provided in paragraph (4) of this subsection and shall be punished as follows:
    1. For the first conviction with no conviction of and no plea of nolo contendere accepted to a charge of violating this Code section within the previous ten years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted:
       1. A fine of not less than $300.00 and not more than $1,000.00, which fine shall not, except as provided in subsection (n) of this Code section, be subject to suspension, stay, or probation;
       2. A period of imprisonment of not fewer than ten days nor more than 12 months, which period of imprisonment may, at the sole discretion of the judge, be suspended, stayed, or probated, except that if the offender's alcohol concentration at the time of the offense was 0.08 grams or more, the judge may suspend, stay, or probate all but 24 hours of any term of imprisonment imposed under this subparagraph;
       3. Not fewer than 40 hours of community service, except that for a conviction for violation of subsection (k) of this Code section where the person's alcohol concentration at the time of the offense was less than 0.08 grams, the period of community service shall be not fewer than 20 hours;
       4. Completion of a DUI Alcohol or Drug Use Risk Reduction Program as defined in Code Section 40-1-1.  The sponsor of any such program shall provide written notice of the Department of Driver Services' certification of the program to the person upon enrollment in the program;
       5. A clinical evaluation as defined in Code Section 40-5-1 and, if recommended as a part of such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1; provided, however, that in the court's discretion, such evaluation may be waived; and
       6. If the person is sentenced to a period of imprisonment for fewer than 12 months, a period of probation of 12 months less any days during which the person is actually incarcerated;
    2. For the second conviction within a ten-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted:
       1. A fine of not less than $600.00 and not more than $1,000.00, which fine shall not, except as provided in subsection (n) of this Code section, be subject to suspension, stay, or probation;
       2. A period of imprisonment of not fewer than 90 days and not more than 12 months. The judge shall probate at least a portion of such term of imprisonment, in accordance with subparagraph (F) of this paragraph, and to such other terms and conditions as the judge may impose; provided, however, that the offender shall be required to serve not fewer than 72 hours of actual incarceration;
       3. Not fewer than 30 days of community service;
       4. Completion of a DUI Alcohol or Drug Use Risk Reduction Program as defined in Code Section 40-1-1.  The sponsor of any such program shall provide written notice of the Department of Driver Services' certification of the program to the person upon enrollment in the program;
       5. A clinical evaluation as defined in Code Section 40-5-1 and, if recommended as a part of such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1; and
       6. A period of probation of 12 months less any days during which the person is actually incarcerated;
    3. For the third conviction within a ten-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted:
       1. A fine of not less than $1,000.00 and not more than $5,000.00, which fine shall not, except as provided in subsection (n) of this Code section, be subject to suspension, stay, or probation;
       2. A mandatory period of imprisonment of not fewer than 120 days and not more than 12 months. The judge shall probate at least a portion of such term of imprisonment, in accordance with subparagraph (F) of this paragraph, and to such other terms and conditions as the judge may impose; provided, however, that the offender shall be required to serve not fewer than 15 days of actual incarceration;
       3. Not fewer than 30 days of community service;
       4. Completion of a DUI Alcohol or Drug Use Risk Reduction Program as defined in Code Section 40-1-1.  The sponsor of any such program shall provide written notice of the Department of Driver Services' certification of the program to the person upon enrollment in the program;
       5. A clinical evaluation as defined in Code Section 40-5-1 and, if recommended as a part of such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1; and
       6. A period of probation of 12 months less any days during which the person is actually incarcerated;
    4. For the fourth or subsequent conviction within a ten-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted:
       1. A fine of not less than $1,000.00 and not more than $5,000.00, which fine shall not, except as provided in subsection (n) of this Code section, be subject to suspension, stay, or probation;
       2. A period of imprisonment of not less than one year and not more than five years; provided, however, that the judge may suspend, stay, or probate all but 90 days of any term of imprisonment imposed under this paragraph. The judge shall probate at least a portion of such term of imprisonment, in accordance with subparagraph (F) of this paragraph, and to such other terms and conditions as the judge may impose;
       3. Not fewer than 60 days of community service; provided, however, that if a defendant is sentenced to serve three years of actual imprisonment, the judge may suspend the community service;
       4. Completion of a DUI Alcohol or Drug Use Risk Reduction Program as defined in Code Section 40-1-1.  The sponsor of any such program shall provide written notice of the Department of Driver Services' certification of the program to the person upon enrollment in the program;
       5. A clinical evaluation as defined in Code Section 40-5-1 and, if recommended as a part of such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1; and
       6. A period of probation of five years less any days during which the person is actually imprisoned;

          provided, however, that if the ten-year period of time as measured in this paragraph commenced prior to May 15, 2013, then such fourth or subsequent conviction shall be a misdemeanor of a high and aggravated nature and punished as provided in paragraph (3) of this subsection;

    5. For the purpose of imposing a sentence under this subsection, a plea of nolo contendere based on a violation of this Code section shall constitute a conviction; and
    6. For purposes of determining the number of prior convictions or pleas of nolo contendere pursuant to the felony provisions of paragraph (4) of this subsection, only those offenses for which a conviction is obtained or a plea of nolo contendere is accepted on or after May 15, 2013, shall be considered; provided, however, that nothing in this subsection shall be construed as limiting or modifying in any way sentence enhancement provisions under Georgia law, including, but not limited to, provisions relating to punishment of recidivist offenders pursuant to Title 17.
14. 1. If the payment of the fine required under subsection (m) of this Code section will impose an economic hardship on the defendant, the judge, at his or her sole discretion, may order the defendant to pay such fine in installments, and such order may be enforced through a contempt proceeding or a revocation of any probation otherwise authorized by this Code section.
    2. In the sole discretion of the judge, he or she may suspend up to one-half of the fine imposed under subsection (m) of this Code section conditioned upon the defendant's undergoing treatment in a substance abuse treatment program as defined in Code Section 40-5-1.
15. As used in this Code section, the term:
    1. "Homemade or inflatable raft" means any platform which floats on the water for purposes of providing buoyancy to a person and which renders transportation with only the aid of such person's hands, arms, legs, or feet.
    2. "Personal watercraft" shall have the same meaning as set forth in Code Section 52-7-8.2.
    3. "Vessel" means every description of watercraft, other than a sailboard or homemade or inflatable raft, used or capable of being used as a means of transportation on water.

       (Ga. L. 1968, p. 487, § 10; Ga. L. 1973, p. 1427, § 11; Ga. L. 1986, p. 612, § 1; Ga. L. 1987, p. 3, § 52; Ga. L. 1992, p. 2075, § 3; Ga. L. 1994, p. 680, § 5; Ga. L. 1998, p. 672, § 1; Ga. L. 2013, p. 92, § 8/SB 136; Ga. L. 2013, p. 294, § 4-62/HB 242; Ga. L. 2014, p. 710, § 1-21/SB 298; Ga. L. 2014, p. 866, § 52/SB 340; Ga. L. 2016, p. 223, § 2/HB 172.)

The 2013 amendments. The first 2013 amendment, effective May 15, 2013, throughout this Code section, inserted ", toxic vapors," and substituted "bodily substance" for "bodily substances"; added paragraph (a)(3); redesignated former paragraphs (a)(3) through (a)(5) as present paragraphs (a)(4) through (a)(6), respectively; and, in paragraph (a)(4), substituted "any two or more of the substances specified in paragraphs (1) through (3) of this subsection" for "alcohol and any drug" near the beginning; in paragraphs (a)(5) and (d)(3), substituted "0.08" for "0.10"; in the introductory paragraph of subsection (c), in the first sentence, and in paragraph (c)(4), in the first sentence, inserted "the" following "Upon" near the beginning; in paragraph (c)(2), in the first sentence, substituted "person undergoes" for "person shall undergo" near the beginning, and inserted "or drug" near the middle; in paragraph (c)(4), in the first sentence, substituted "who submits" for "who shall submit", and substituted "such test" for "the test"; in paragraph (d)(1) and twice in paragraph (d)(2), substituted "paragraphs (1), (4), and (5)" for "paragraphs (1), (2), and (3)"; added "and" at the end of paragraph (d)(2); deleted former paragraph (d)(3), which read: "If there was at that time an alcohol concentration of 0.08 grams or more, it shall be presumed that the person was under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (a) of this Code section; and"; redesignated former paragraph (d)(4) as present paragraph (d)(3); and, in paragraph (d)(3), substituted "paragraph (5)" for "paragraph (4)"; in subsection (e), substituted "subsection (c)" for "subsections (c) and (d)" in the second and last sentences, and in subsection (f); in paragraphs (k)(1) and (k)(2), inserted "years"; in paragraph (k)(1), substituted "such person's" for "the person's" near the middle; in paragraph (l), in the first sentence, added a comma following "surfboard" and substituted "14 years shall be" for "14 years is"; and added subsections (m) through (o). See editor's note for applicability. The second 2013 amendment, effective January 1, 2014, deleted ", relating to the offense of contributing to the delinquency, unruliness, or deprivation of a child" following "Code Section 16-12-1" at the end of the last sentence of subsection (l). See Editor's notes for applicability.

The 2014 amendments. The first 2014 amendment, effective July 1, 2014, in subparagraphs (m)(1)(D), (m)(2)(D), (m)(3)(D), and (m)(4)(D), substituted "40-1-1" for "40-5-1" in the first sentence and substituted "Department of Driver Services' certification" for "Department of Drivers Service's approval" in the second sentence. The second 2014 amendment, effective April 29, 2014, part of an Act to revise, modernize, and correct the Code, revised language and punctuation in subparagraphs (m)(1)(D), (m)(2)(D), (m)(3)(D), and (m)(4)(D). See the Editor's notes regarding the effect of these amendments.

The 2016 amendment, effective July 1, 2016, substituted the present provisions of subsection (o) for the former provisions, which read: "As used in this Code section, the term 'personal watercraft' shall have the same meaning as set forth in Code Section 52-7-8.2."

Cross references. - Implied consent to chemical tests by virtue of operating motor vehicle, § 40-5-55 .

Driving under the influence generally, § 40-6-391 .

Chemical tests in DUI cases, § 40-6-392 .

Obtaining blood sample where person unable to give consent, § 45-16-46 .

Liability of owner of watercraft for injury or damage caused by operation of watercraft, §§ 51-1-21 , 51-1-22 .

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1994, "this Code section" was substituted for "O.C.G.A. 52-7-12" at the end of subsection (i).

Editor's notes. - Ga. L. 2013, p. 92, § 1/SB 136, not codified by the General Assembly, provides, in part, that Sections 8, 9, and 10 of this Act shall be known and may be cited as the "Jake and Griffin Prince BUI Law."

Ga. L. 2013, p. 92, § 14/SB 136, not codified by the General Assembly, provides, in part, that the amendment of this Code section by that Act shall apply to all offenses occurring on and after May 15, 2013; provided, however, that for purposes of determining the number of prior convictions or pleas of nolo contendere pursuant to the felony provisions of paragraph (4) of subsection (m) of Code Section 52-7-12, only those offenses for which a conviction or a plea of nolo contendere is obtained on or after May 15, 2013, shall be considered.

Ga. L. 2013, p. 294, § 5-1/HB 242, not codified by the General Assembly, provides that: "This Act shall become effective on January 1, 2014, and shall apply to all offenses which occur and juvenile proceedings commenced on and after such date. Any offense occurring before January 1, 2014, shall be governed by the statute in effect at the time of such offense and shall be considered a prior adjudication for the purpose of imposing a disposition that provides for a different penalty for subsequent adjudications, of whatever class, pursuant to this Act. The enactment of this Act shall not affect any prosecutions for acts occurring before January 1, 2014, and shall not act as an abatement of any such prosecutions."

Ga. L. 2014, p. 866, § 54(e)/SB 340, not codified by the General Assembly, provides: "In the event of a conflict between a provision in Sections 1 through 53 of this Act and a provision of another Act enacted at the 2014 regular session of the General Assembly, the provision of such other Act shall control over the conflicting provision in Sections 1 through 53 of this Act to the extent of the conflict." Accordingly, the amendment to subparagraphs (m)(1)(D), (m)(2)(D), (m)(3)(D), and (m)(4)(D) of this Code section by Ga. L. 2014, p. 866 § 52/SB 340, was not given effect.

Law reviews. - For review of 1998 legislation relating to waters of the state, ports, and watercraft, see 15 Ga. St. U.L. Rev. 251 (1998).

52-7-12.1. Reckless operation of vessel or other water device.

Any person who operates any vessel or manipulates any water skis, aquaplane, surfboard, tube, or similar device in reckless disregard for the safety of persons or property commits the offense of reckless operation of a vessel or other water device.

(Code 1981, § 52-7-12.1 , enacted by Ga. L. 1994, p. 680, § 6.)

52-7-12.2. Homicide by vessel.

1. Any person who, without malice aforethought, causes the death of another person through the violation of subsection (j) of Code Section 52-7-8.2, Code Section 52-7-12 or 52-7-12.1, subsection (b) of Code Section 52-7-13, or subsection (c) of Code Section 52-7-25 commits the offense of homicide by vessel in the first degree. A person convicted under this subsection shall be guilty of a felony and shall be punished by imprisonment for not less than three years nor more than 15 years.
2. Any operator of a vessel who, without malice aforethought, causes a collision or accident which causes the death of another person and leaves the scene of the collision or accident in violation of subsection (a) of Code Section 52-7-14 commits the offense of homicide by vessel in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than three years nor more than 15 years.
3. Any person who causes the death of another person, without an intention to do so, by violating any provision of this title other than subsection (j) of Code Section 52-7-8.2 , Code Section 52-7-12 or 52-7-12.1 , subsection (b) of Code Section 52-7-13 , subsection (a) of Code Section 52-7-14 , or subsection (c) of Code Section 52-7-25 commits the offense of homicide by vessel in the second degree when such violation is the cause of said death. A person convicted under this subsection shall be guilty of a misdemeanor and shall be punished as provided in Code Section 17-10-3 . (Code 1981, § 52-7-12.2 , enacted by Ga. L. 1995, p. 236, § 2; Ga. L. 2008, p. 1164, § 4/SB 529.)

Editor's notes. - Ga. L. 2008, p. 1164, § 6, not codified by the General Assembly, provides that the amendment to this Code section shall apply to all offenses committed on or after July 1, 2008.

52-7-12.3. Feticide by vessel.

1. For the purposes of this Code section, the term "unborn child" means a member of the species homo sapiens at any stage of development who is carried in the womb.
2. 1. A person commits the offense of feticide by vessel in the first degree if he or she causes the death of an unborn child by any injury to the mother of such child through the violation of subsection (j) of Code Section 52-7-8.2, Code Section 52-7-12 or 52-7-12.1, subsection (b) of Code Section 52-7-13, subsection (a) of Code Section 52-7-14, or subsection (c) of Code Section 52-7-25, which would be homicide by vessel in the first degree as provided in subsection (a) or (b) of Code Section 52-7-12.2 if it resulted in the death of such mother.
   2. A person convicted of the offense of feticide by vessel in the first degree shall be guilty of a felony and shall be punished by imprisonment for not less than three years nor more than 15 years.
3. 1. A person commits the offense of feticide by vessel in the second degree if he or she causes the death of an unborn child by any injury to the mother of such child by violating any provision of this title other than subsection (j) of Code Section 52-7-8.2 , Code Section 52-7-12 or 52-7-12.1 , subsection (b) of Code Section 52-7-13 , subsection (a) of Code Section 52-7-14 , or subsection (c) of Code Section 52-7-25 , which would be homicide by vessel in the second degree as provided in subsection (c) of Code Section 52-7-12.2 if it resulted in the death of such mother.
   2. A person convicted of the offense of feticide by vessel in the second degree shall be guilty of a misdemeanor and shall be punished as provided in Code Section 17-10-3 . (Code 1981, § 52-7-12 .3, enacted by Ga. L. 1995, p. 236, § 2; Ga. L. 2006, p. 643, § 4/SB 77; Ga. L. 2008, p. 1164, § 5/SB 529.)

Editor's notes. - Ga. L. 2006, p. 643, § 5, not codified by the General Assembly, provides that this Act shall apply to all offenses committed on or after July 1, 2006.

Ga. L. 2008, p. 1164, § 6, not codified by the General Assembly, provides that the amendment to this Code section shall apply to all offenses committed on or after July 1, 2008.

Law reviews. - For article on 2006 amendment of this Code section, see 23 Ga. St. U.L. Rev. 37 (2006).

52-7-12.4. Serious injury by vessel.

Whoever, without malice, shall cause bodily harm to another by depriving him or her of a member of his or her body, by rendering a member of his or her body useless, by seriously disfiguring his or her body or a member thereof, or by causing organic brain damage which renders the body or any member thereof useless through the violation of subsection (j) of Code Section 52-7-8.2 or Code Section 52-7-12 or Code Section 52-7-12.1 or subsection (b) of Code Section 52-7-13 or subsection (a) of Code Section 52-7-14 or subsection (c) of Code Section 52-7-25 shall be guilty of the crime of serious injury by vessel. A person convicted under this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than five years.

(Code 1981, § 52-7-12.4 , enacted by Ga. L. 1995, p. 236, § 2.)

52-7-12.5. Ordering drug, alcohol, or other substance tests; implied consent notice; reports; suspension; hearing; certificate of inspection.

1. The test or tests required under Code Section 52-7-12 shall be administered as soon as possible at the request of a law enforcement officer having reasonable grounds to believe that the person has been operating or was in actual physical control of a moving vessel upon the waters of this state in violation of Code Section 52-7-12 and the officer has arrested such person for a violation of Code Section 52-7-12, any federal law in conformity with Code Section 52-7-12, or any local ordinance which is identical to Code Section 52-7-12 in accordance with Code Section 52-7-21 or the person has been involved in a boating accident resulting in serious injuries or fatalities. Subject to Code Section 52-7-12, the requesting law enforcement officer shall designate which test shall be administered initially and may subsequently require a test or tests for any substance not initially tested.
2. At the time a chemical test or tests are requested, the arresting officer shall select and read to the person the appropriate implied consent warning from the following:
   1. Implied consent notice for suspects under 21 years of age:
   2. Implied consent notice for suspects 21 years of age or older:

      If any such notice is used by a law enforcement officer to advise a person of his or her rights regarding the administration of chemical testing, such person shall be deemed to have been properly advised of his or her rights under this Code section and under Code Section 52-7-12.6, and the results of any chemical test, or the refusal to submit to a test, shall be admitted into evidence against such person. Such notice shall be read in its entirety but need not be read exactly so long as the substance of the notice remains unchanged.

3. Nothing in this Code section shall be deemed to preclude the acquisition or admission of evidence of a violation of Code Section 52-7-12 if such evidence was obtained by voluntary consent or a search warrant as authorized by the Constitution or laws of this state or the United States.
4. If a person under arrest or a person who was involved in any boating accident resulting in serious injuries or fatalities submits to a chemical test upon the request of a law enforcement officer and the test results indicate that a suspension of the privilege of operating a vessel on the waters of this state is required under this Code section, the results shall be reported to the department. Upon the receipt of a report of the law enforcement officer that the officer had reasonable grounds to believe the arrested person had been operating or was in actual physical control of a moving vessel upon the waters of this state in violation of Code Section 52-7-12 or that such person had been operating or was in actual physical control of a moving vessel upon the waters of this state and was involved in a boating accident involving serious injuries or fatalities and that the person submitted to a chemical test at the request of the law enforcement officer and the test results indicate either an alcohol concentration of 0.08 grams or more or, for a person under the age of 21 years, an alcohol concentration of 0.02 grams or more, and the vessel being operated was a motorized vessel having ten or more horsepower or was a sailboat more than 12 feet in length, the department shall suspend the person's privilege to operate a vessel upon the waters of this state pursuant to Code Section 52-7-12.6, subject to review as provided for in this Code section.
5. If a person under arrest or a person who was involved in any boating accident resulting in serious injuries or fatalities refuses, upon the request of a law enforcement officer, to submit to a chemical test designated by the law enforcement officer as provided in subsection (a) of this Code section, no test shall be given; but the law enforcement officer shall report the refusal to the department. Upon the receipt of a report of the law enforcement officer that the officer had reasonable grounds to believe the arrested person had been operating or was in actual physical control of a moving vessel upon the waters of this state in violation of Code Section 52-7-12 or that such person had been operating or was in actual physical control of a moving vessel upon the waters of this state and was involved in a boating accident which resulted in serious injuries or fatalities and that the person had refused to submit to the test upon the request of the law enforcement officer, and the vessel being operated was a motorized vessel having ten or more horsepower or was a sailboat more than 12 feet in length, the department shall suspend the person's privilege of operating a vessel on the waters of this state for a period of one year.
6. 1. The law enforcement officer, acting on behalf of the department, shall personally serve the notice of intention to suspend or disqualify the privilege of operating a vessel on the waters of this state of the arrested person or other person refusing such test on such person at the time of the person's refusal to submit to a test or at the time at which such a test indicates that suspension or disqualification is required under this Code section. The officer shall forward to the department the notice of intent to suspend and the report required by subsection (d) or (e) of this Code section within ten calendar days after the date of the arrest of such person. The failure of the officer to transmit the sworn report required by this Code section within ten calendar days shall not prevent the department from accepting such report and utilizing it in the suspension of an operator's privilege as provided in this Code section.
   2. If notice has not been given by the arresting officer, the department, upon receipt of the report of such officer, shall suspend the person's privilege to operate a vessel and, by regular mail, at the last known address, notify such person of such suspension. The notice shall inform the person of the grounds of suspension, the effective date of the suspension, and the right to review. The notice shall be deemed received three days after mailing.
7. 1. A person whose operator's privilege is suspended pursuant to this Code section shall request, in writing, a hearing within ten business days from the date of personal notice or receipt of notice sent by certified mail or statutory overnight delivery, return receipt requested, or the right to said hearing shall be deemed waived. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing as is provided in Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." The hearing shall be recorded. For purposes of such hearing, a copy of the report required by subsection (d) or (e) of this Code section shall be made a part of the hearing record and shall create a rebuttable presumption that the vessel being operated was a motorized vessel having ten or more horsepower or was a sailboat more than 12 feet in length.
   2. The scope of the hearing shall be limited to the following issues:
      1. 1. Whether the law enforcement officer had reasonable grounds to believe the person was operating or in actual physical control of a moving vessel while under the influence of alcohol or a controlled substance and was lawfully placed under arrest for violating Code Section 52-7-12.
         2. Whether the person was involved in a vessel accident or collision resulting in serious injury or fatality;
      2. Whether at the time of the request for the test or tests the officer informed the person of the person's implied consent rights and the consequence of submitting or refusing to submit to such test and:
         1. Whether the person refused the test; or
         2. Whether a test or tests were administered and the results indicated an alcohol concentration of 0.08 grams or more or, for a person under the age of 21 years, an alcohol concentration of 0.02 grams or more; and
      3. Whether the test or tests were properly administered by an individual possessing a valid permit issued by the Division of Forensic Sciences of the Georgia Bureau of Investigation on an instrument approved by the Division of Forensic Sciences or a test conducted by the Division of Forensic Sciences, including whether the machine at the time of the test was operated with all its electronic and operating components prescribed by its manufacturer properly attached and in good working order, which shall be required. A copy of the operator's permit showing that the operator has been trained on the particular type of instrument used and one of the original copies of the test results or, where the test is performed by the Division of Forensic Sciences, a copy of the crime lab report shall satisfy the requirements of this subparagraph.
   3. The hearing officer shall, within five calendar days after such hearing, forward a decision to the department to rescind or sustain the suspension of the person's privilege to operate a vessel on the waters of this state. If no hearing is requested within the ten business days specified in paragraph (1) of this subsection, and the failure to request such hearing is due in whole or in part to the reasonably avoidable fault of the person, the right to a hearing shall have been waived. The request for a hearing shall not stay the suspension of the person's privilege to operate a vessel on the waters of this state; provided, however, that if the hearing is timely requested and is not held within 60 days and the delay is not due in whole or in part to the reasonably avoidable fault of the person, the suspension shall be stayed until such time as the hearing is held and the hearing officer's decision is made.
   4. In the event the person is acquitted of a violation of Code Section 52-7-12 or such charge is initially disposed of other than by a conviction or plea of nolo contendere, then the suspension shall be terminated. An accepted plea of nolo contendere shall be entered on the operator's record and shall be considered and counted as a conviction for purposes of any future violations of Code Section 52-7-12.
8. If the suspension is sustained after such a hearing, the person whose privilege to operate a vessel on the waters of this state has been suspended under this Code section shall have a right to file for a judicial review of the department's final decision, as provided for in Chapter 13 of Title 50, the "Georgia Administrative Procedure Act"; while such appeal is pending, the order of the department shall not be stayed.
9. Each time an approved breath-testing instrument is inspected, the inspector shall prepare a certificate which shall be signed under oath by the inspector and which shall include the following language: "This breath-testing instrument (serial no. ____________) was thoroughly inspected, tested, and standardized by the undersigned on (date ________) and all of its electronic and operating components prescribed by its manufacturer are properly attached and are in good working order." When properly prepared and executed, as prescribed in this subsection, the certificate shall, notwithstanding any other provision of law, be self-authenticating, shall be admissible in any court of law, and shall satisfy the pertinent requirements of paragraph (1) of subsection (c) of Code Section 52-7-12 and subparagraph (g)(2)(C) of this Code section. (Code 1981, § 52-7-12 .5, enacted by Ga. L. 1998, p. 672, § 2; Ga. L. 1999, p. 81, § 52; Ga. L. 2000, p. 1589, § 3; Ga. L. 2013, p. 92, § 9/SB 136.)

"Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your privilege to operate a vessel on the waters of this state will be suspended for a minimum period of one year. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing and the results indicate an alcohol concentration of 0.02 grams or more or the presence of any illegal drug, your privilege to operate a vessel on the waters of this state may be suspended for a minimum period of one year. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your ( designate which tests ) under the implied consent law?"; or

"Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your privilege to operate a vessel on the waters of this state will be suspended for a minimum period of one year. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing and the results indicate an alcohol concentration of 0.08 grams or more or the presence of any illegal drug, your privilege to operate a vessel on the waters of this state may be suspended for a minimum period of one year. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your ( designate which tests ) under the implied consent law?"

The 2013 amendment, effective May 15, 2013, throughout this Code section, substituted "0.08" for "0.10" and deleted "sworn" preceding "report"; in subsection (a), substituted "initially and may subsequently require a test or tests for any substance not initially tested" for ", provided that the officer shall require a breath test or a blood test and may require a urine test" at the end of the last sentence; rewrote subsection (b); substituted the present provisions of subsection (c) for the former provisions, which read: "Subsection (b) of this Code section shall apply to any case wherein the request for chemical testing is made regarding an offense committed on or after June 1, 1998. Subsection (b) of this Code section shall not apply to any case wherein the request for chemical testing was made regarding an offense committed prior to June 1, 1998, in which case those provisions of former Code Section 52-7-12 governing the admissibility of evidence of results of chemical testing or refusal to submit to chemical testing which were in effect at the time the offense was committed shall apply."; inserted "years" following "21" in the middle of the second sentence of subsection (d) and in division (g)(2)(B)(ii); and added the last sentence in paragraph (g)(1). See Editor's notes for applicability.

Editor's notes. - Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the Act shall be applicable with respect to notices delivered on or after July 1, 2000.

Ga. L. 2013, p. 92, § 1/SB 136, not codified by the General Assembly, provides, in part, that Sections 8, 9, and 10 of this Act shall be known and may be cited as the "Jake and Griffin Prince BUI Law."

Ga. L. 2013, p. 92, § 14/SB 136, not codified by the General Assembly, provides, in part, that the amendment of this Code section by that Act shall apply to all offenses occurring on and after May 15, 2013; provided, however, that for purposes of determining the number of prior convictions or pleas of nolo contendere pursuant to the felony provisions of paragraph (4) of subsection (m) of Code Section 52-7-12, only those offenses for which a conviction or a plea of nolo contendere is obtained on or after May 15, 2013, shall be considered.

Law reviews. - For review of 1998 legislation relating to waters of the state, ports, and watercraft, see 15 Ga. St. U.L. Rev. 251 (1998).

52-7-12.6. Terms of suspension; return of operating privilege; operation when suspended.

1. Any operator's privilege to operate a vessel on the waters of this state required to be suspended under subsection (d) of Code Section 52-7-12.5 shall be suspended subject to the following terms and conditions:
   1. Upon the first suspension pursuant to subsection (d) of Code Section 52-7-12.5 within the previous five years, as measured from the dates of previous arrests for which a suspension was obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be one year.  Not sooner than 120 days following the effective date of suspension, the person may apply to the department for reinstatement of his or her operator's privilege.  Such privilege shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program certified by the Department of Driver Services and pays a restoration fee of $200.00.  An operator's privilege suspended pursuant to Code Section 52-7-12.5 shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program certified by the Department of Driver Services and pays a restoration fee of $200.00, unless such conviction was a recidivist conviction, in which case the restoration fee shall be $500.00;
   2. Upon the second suspension pursuant to subsection (d) of Code Section 52-7-12.5 within five years, as measured from the dates of previous arrests for which suspensions were obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be three years.  Not sooner than 18 months following the effective date of suspension, the person may apply to the department for reinstatement of his or her operator's privilege.  Such privilege shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program certified by the Department of Driver Services and pays a restoration fee of $200.00.  An operator's privilege suspended pursuant to Code Section 52-7-12.5 shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program certified by the Department of Driver Services and pays a restoration fee of $200.00;
   3. Upon the third or subsequent suspension pursuant to subsection (d) of Code Section 52-7-12.5 within five years, as measured from the dates of previous arrests for which suspensions were obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be not less than five years and until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program certified by the Department of Driver Services and pays a restoration fee of $200.00; and
   4. Any person convicted of violating Code Section 52-7-12.2, 52-7-12.3, or 52-7-12.4 shall have his or her privilege to operate a vessel on the waters of this state suspended for three years. Such privilege shall be reinstated after the expiration of the three-year period if such person submits proof of completion of a boating education course approved by the department and pays a restoration fee of $200.00, unless such conviction was a recidivist conviction, in which case the restoration fee shall be $500.00.
2. In all cases in which the department may return the privilege to operate a vessel on the waters of this state to an operator prior to the termination of the full period of suspension, the department may require such tests of operating skill and knowledge as it determines to be proper, and the department's discretion shall be guided by the operator's past operating record and performance and the operator's payment of a restoration fee of $200.00, unless such conviction was a recidivist conviction, in which case the restoration fee shall be $500.00.
3. Any person who operates a vessel or personal watercraft on any of the waters of this state at a time when such person's privilege to do so has been suspended shall be guilty of a misdemeanor and shall be punished by a fine of not less than $500.00 nor more than $1,000.00; provided, however, that for a second and each subsequent conviction within a five-year period measured from the date of the previous arrest upon which a conviction was obtained to the date of the current arrest, such person shall be guilty of a misdemeanor of a high and aggravated nature and shall be punished by a fine of not less than $1,000.00 nor more than $1,500.00. The period suspension of the privilege to operate a vessel on the waters of the state of any person convicted under this subsection shall be extended for an additional six months for each such conviction. (Code 1981, § 52-7-12.6 , enacted by Ga. L. 1998, p. 672, § 3; Ga. L. 2001, p. 1000, § 2; Ga. L. 2005, p. 334, § 31-1/HB 501; Ga. L. 2013, p. 92, § 10/SB 136; Ga. L. 2014, p. 710, § 1-22/SB 298.)

The 2013 amendment, effective May 15, 2013, in subsection (a), added "and pays a restoration fee of $200.00, unless such conviction was a recidivist conviction, in which case the restoration fee shall be $500.00" throughout; in paragraph (a)(1), substituted "120 days" for "30 days" near the beginning of the second sentence; in paragraph (a)(2), substituted "18 months" for "120 days" near the beginning of the second sentence, and deleted "and" at the end; added "and pays a restoration fee of $200.00, unless such conviction was a recidivist conviction, in which case the restoration fee shall be $500.00; and" at the end of paragraph (a)(3); and added paragraph (a)(4); and, at the end of subsection (b), added "and the operator's payment of a restoration fee of $200.00, unless such conviction was a recidivist conviction, in which case the restoration fee shall be $500.00". See Editor's notes for applicability.

The 2014 amendment, effective July 1, 2014, in paragraph (a)(1), deleted "for" preceding "one year" near the end of the first sentence, substituted "certified" for "approved" in the third and fourth sentences, and deleted ", unless such conviction was a recidivist conviction, in which case the restoration fee shall be $500.00" at the end of the third sentence; in paragraph (a)(2), deleted "for" preceding "three years" near the end of the first sentence, substituted "his or her" for "the person's" in the second sentence, substituted "certified" for "approved" in the third and fourth sentences, and deleted ", unless such conviction was a recidivist conviction, in which case the restoration fee shall be $500.00" at the end of the third and fourth sentences; and, in paragraph (a)(3), deleted "for" preceding "not less than" in the middle, substituted "certified" for "approved" near the end, and deleted ", unless such conviction was a recidivist conviction, in which case the restoration fee shall be $500.00" at the end.

Code Commission notes. - Pursuant to Code Section 28-9-5, in 2002, "five-year period" was substituted for "five year period" in the first sentence in subsection (c).

Editor's notes. - Ga. L. 2013, p. 92, § 1/SB 136, not codified by the General Assembly, provides, in part, that Sections 8, 9, and 10 of this Act shall be known and may be cited as the "Jake and Griffin Prince BUI Law."

Ga. L. 2013, p. 92, § 14/SB 136, not codified by the General Assembly, provides, in part, that the amendment of this Code section by that Act shall apply to all offenses occurring on and after May 15, 2013; provided, however, that for purposes of determining the number of prior convictions or pleas of nolo contendere pursuant to the felony provisions of paragraph (4) of subsection (m) of Code Section 52-7-12, only those offenses for which a conviction or a plea of nolo contendere is obtained on or after May 15, 2013, shall be considered.

Law reviews. - For review of 1998 legislation relating to waters of the state, ports, and watercraft, see 15 Ga. St. U.L. Rev. 251 (1998).

52-7-12.7. Suspension of privileges to operate a vessel upon waters of this state for violations of vessel laws.

1. Except as provided for in Code Sections 52-7-12, 52-7-12.5, and 52-7-12.6, and notwithstanding criminal proceedings that may be initiated by law, upon a determination by the department that a person has violated this chapter or any rule or regulation promulgated pursuant thereto, is in noncompliance with a citation issued by another state regarding the operation of a vessel, or is suspended by another state from operating a vessel, the department may suspend such person's privilege to operate a vessel upon the waters of this state for a period of up to two years following the determination of such violation, or if the suspension is due to noncompliance with a citation or a suspension regarding the operation of a vessel in another state, then such person's privilege to operate a vessel upon the waters of this state may remain suspended until satisfactory evidence of compliance or restoration of privileges from the other state has been received by the department as such satisfactory evidence is determined by rules and regulations of the department. Such person shall be notified of the proposed suspension personally or by a letter sent by certified mail or statutory overnight delivery at such person's last known address. The notice shall inform such person of the grounds of suspension, the effective date of the suspension, and the right to review. The notice shall be deemed received three days after mailing. The proposed suspension shall become final 30 days after issuance of notice if the proposed suspension is not appealed as provided in this Code section.
2. Any person whose privilege is proposed for suspension shall, upon petition within 30 days of issuance of notice given as stated in subsection (a) of this Code section, have a right to a hearing before an administrative law judge appointed by the board. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," and the rules and regulations adopted by the board pursuant thereto. The decision of the administrative law judge shall constitute the final decision of the board, and any party to the hearing, including the department, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
3. Any person who operates a vessel on any of the waters of this state at a time when such person's privilege to do so has been suspended under this Code section shall be subject to the provisions of subsection (c) of Code Section 52-7-12.6 . (Code 1981, § 52-7-12.7 , enacted by Ga. L. 2014, p. 624, § 1/HB 777.)

Effective date. - This Code section became effective July 1, 2014.

52-7-13. Boating safety zones; restrictions on use of motors and operation of houseboats on certain lakes; exceptions.

1. 1. The following are established as boating safety zones from May 1 through the following September 30:
      1. The ocean waters adjacent to Jekyll Island, which shall include all those waters for a distance of 1,000 feet from the high-water mark on Jekyll Beach from the northernmost point to the southernmost point of Jekyll Island;
      2. The ocean waters adjacent to Tybee Island Beach, which shall include all those waters for a distance of 1,000 feet from the high-water mark on Tybee Island Beach from the northernmost point to the southernmost point of Tybee Island Beach;
      3. The ocean waters adjacent to Saint Simons Island, which shall include all those waters for a distance of 1,000 feet from the high-water mark on Saint Simons Island from the northernmost point to the southernmost point of Saint Simons Island; and
      4. The ocean waters adjacent to Sea Island, which shall include all those waters for a distance of 1,000 feet from the high-water mark on Sea Island from the northernmost point to the southernmost point of Sea Island.
   2. The following are established as boating safety zones at all times of the year:
      1. The area within the marked boundary of any designated swimming area; and
      2. The area within the marked boundary upstream or downstream of any dam designated by the commissioner.
   3. The following are established as boating safety zones for the purpose of ensuring maritime and homeland security:
      1. All those waters within the Elba Island liquefied natural gas mooring slip; provided, however, that liquefied natural gas tank ships and authorized vessels actively engaged in the escort, maneuvering, or support of such ships shall be permitted in such zone;
      2. The area within 100 yards of any United States navy vessel; and
      3. The area within 100 yards of any vessel escorted to, from, or within any port of this state by a law enforcement vessel displaying applicable law enforcement agency markings, whether such escorted vessel is in motion or anchored or moored.
2. Except for lifesaving, emergency, law enforcement, or dam operation and maintenance craft, it shall be unlawful to launch, float, or operate:
   1. Any power boat within the boundaries of those boating safety zones defined in subsection (a) of this Code section; or
   2. Any vessel within the boundaries of those boating safety zones defined in subparagraphs (a)(2)(A) and (a)(2)(B) of this Code section, provided such zones are marked in accordance with the uniform waterway marking system.
3. With the exception of law enforcement crafts, no motor in excess of 9.9 horsepower shall be used on any vessel being operated on the Ogeechee River from the point where it crosses State Highway No. 119 to its point of origin.
4. The operation of any vessel, specifically including a houseboat, with a marine toilet, galley, or sleeping quarters shall be prohibited on Lake Burton, Bull Sluice Lake, Goat Rock Lake, Lake Harding, Lake Jackson, North Highlands Lake, Lake Oliver, Lake Rabun, Seed Lake, Tallulah Falls Lake, Tugalo Lake, Lake Oconee, and Yonah Lake.
5. 1. No person shall operate or use any vessel within an area designated and appropriately marked as a "hazardous area" unless each person aboard such vessel is wearing a United States Coast Guard approved personal flotation device, which device is designated as a Type I, Type II, Type III, or Type V device.  Such device must be properly fastened, in good and serviceable condition, and the proper size for the person wearing the device.
   2. The provisions of this subsection shall not affect regulations promulgated by any agency of the federal government related to activities that may or may not be conducted within designated hazardous areas which are located within the jurisdiction of such agency.
6. With the exception of law enforcement or scientific research or dam operation and maintenance craft, no motor in excess of 25 horsepower shall be used on any vessel being operated on Tugalo Lake.
7. The operation of any of the following vessels on Lake Oconee shall be prohibited:
   1. Any motorized vessel greater than 30 feet six inches in length; provided, however, that this paragraph shall not apply to:
      1. Law enforcement, scientific research, or dam operation and maintenance craft; or
      2. A vessel not greater than 40 feet in length used for conducting group tours on behalf of the owner or operator of a REAP certified by the Department of Community Affairs under Code Section 50-8-192 if the same vessel was lawfully operated on the lake by such REAP owner or operator under former provisions of this paragraph as such existed immediately prior to May 29, 2007; in addition, such vessel may be replaced by the same REAP owner or operator but only by one vessel at a time and only if each such predecessor vessel has been retired from lawfully operating on the lake and the replacement vessel does not exceed 40 feet in length; or
   2. Any vessel equipped with any type of bypass mechanism that reduces or eliminates the effectiveness of the muffler or baffler system required by Code Section 52-7-10.
8. The operation of any of the following vessels on Lake Burton, Seed Lake, Lake Rabun, Lake Tugalo, Tallulah Falls Lake, Lake Sinclair, and Lake Yonah shall be prohibited:
   1. Any motorized vessel greater than 30 feet six inches in length; except for:
      1. Law enforcement, scientific research, or dam operation and maintenance craft; or
      2. Any vessel that was lawfully operated on Lake Sinclair immediately prior to May 20, 2010, and was as of such date included on the tax roll of any county within which any part of such lake lies; or
   2. Any vessel equipped with any type of bypass mechanism that reduces or eliminates the effectiveness of the muffler or baffler system required by Code Section 52-7-10.
9. The provisions of this Code section shall not apply to vessels engaged in any activity authorized under Code Section 52-7-19.

   (Ga. L. 1977, p. 1182, § 8; Ga. L. 1978, p. 1743, § 3; Ga. L. 1980, p. 738, §§ 6-8; Ga. L. 1982, p. 873, §§ 1, 2; Ga. L. 1984, p. 22, § 52; Ga. L. 1984, p. 422, § 1; Ga. L. 1987, p. 567, § 8; Ga. L. 1990, p. 317, § 1; Ga. L. 1992, p. 998, § 3; Ga. L. 1993, p. 351, § 2; Ga. L. 1993, p. 790, § 1; Ga. L. 1996, p. 101, § 1; Ga. L. 1998, p. 1133, §§ 17, 18; Ga. L. 1999, p. 657, § 1; Ga. L. 2003, p. 795, § 1; Ga. L. 2006, p. 96, § 6/HB 1490; Ga. L. 2007, p. 622, § 1/HB 510; Ga. L. 2008, p. 943, § 1/HB 964; Ga. L. 2010, p. 118, § 2/SB 99.)

The 2010 amendment, effective May 20, 2010, in subsection (h), inserted "Lake Sinclair," in the introductory paragraph and substituted the present provisions of paragraph (h)(1) for the former provisions, which read: "Any motorized vessel greater than 30 feet six inches in length; except for law enforcement, scientific research or dam operation and maintenance craft; or".

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1999, "defined in subparagraphs (a)(2)(A) and (a)(2)(B)" was substituted for "defined in paragraphs (5) and (6) of subsection (a)" in paragraph (b)(2).

Pursuant to Code Section 28-9-5, in 2007, "May 29, 2007" was substituted for "the effective date of this subparagraph" in subparagraph (g)(1)(B).

Pursuant to Code Section 28-9-5, in 2010, "May 20, 2010," was substituted for "the effective date of this subparagraph" in subparagraph (h)(1)(B).

Pursuant to Code Section 28-9-5, in 2011, a misspelling of "liquefied" was corrected in subparagraph (a)(3)(A).

Editor's notes. - Ga. L. 1993, p. 790, § 1 amended subsection (e) of this Code section, which was redesignated as subsection (d) by Ga. L. 1993, p. 351, § 2.

52-7-14. Collisions, accidents, and casualties; salvage rights.

1. Duty to render assistance and identify vessel and self. It shall be the duty of the operator of a vessel involved in a collision, accident, or other casualty, so far as he can do so without serious danger to his own vessel, crew, and passengers, to render to other persons affected by the collision, accident, or other casualty such assistance as may be practicable and as may be necessary in order to save them from or minimize any danger caused by the collision, accident, or other casualty and also to give his name, address, and identification of his vessel in writing to any person injured and to the owner of any property damaged in the collision, accident, or other casualty.
2. Good Samaritan clause. Any person complying with subsection (a) of this Code section who gratuitously and in good faith renders assistance at the scene of a vessel collision, accident, or other casualty without the objection of any person assisted, shall not be held liable for any civil damages as a result of the rendering of assistance or for any act of assistance in providing or arranging salvage towage, medical treatment, or other assistance if the assisting person acts as a reasonably prudent man would have acted under the same or similar circumstances.
3. Accident reports required.
   1. All boating accidents must be reported to the department within 48 hours of the accident if:
      1. A person dies within 24 hours as a result of the accident;
      2. A person is disabled for more than 24 hours;
      3. A person requires medical treatment for injuries;
      4. A person disappears from a vessel.
   2. Reports of reportable boating accidents must be made within five days if not earlier required by paragraph (1) of this subsection.
   3. Accident reports must be on forms supplied by the department, which must be filled out in their entirety and dated and signed by the person submitting the report. Such reports shall be filed by the operator or, if no operator, by the owner of any vessel involved in the boating accident. If the operator or owner is incapable of making the report, the investigating officer shall submit the report. Reports must contain at a minimum the following information:
      1. The name, address, and telephone number of each operator of each vessel involved;
      2. The number and name of each vessel involved;
      3. The name, address, and telephone number of each owner of each vessel involved;
      4. The name of the nearest city or town, the county, the state, and the body of water on which the accident occurred;
      5. The location of the accident on the water;
      6. The time and date of the accident;
      7. Visibility, weather, and water conditions;
      8. The age, date of birth, vessel operating experience, and boat safety training of the operator making the report;
      9. The number of persons on board or towed on skis by each vessel;
      10. The name, address, and date of birth of each person fatally injured;
      11. The cause of death of each;
      12. The name and address of each owner of property, other than vessels or boats, involved;
      13. The availability and use of personal flotation devices;
      14. The type of fire extinguisher used;
      15. The nature and extent of each injury resulting from the accident;
      16. A description of all property and vessel damage within an estimated cost of repairs;
      17. A description of any equipment failures that caused or contributed to the accident;
      18. A description of the accident;
      19. An opinion of the cause of the accident;
      20. The make, model, type, hull identification number, beam width, length, horsepower and type of motor, and hull material of the reporting operator's vessel, and the year it was built.
   4. 1. As used in this paragraph, the term "medical facility" means any licensed general or specialized hospital, institutional infirmary, public health center, or diagnostic and treatment center. The term also includes, without being limited to, any building or facility, not under the operation or control of a hospital, which is primarily devoted to the provision of surgical treatment to patients not requiring hospitalization and which is classified by the Department of Community Health as an ambulatory surgical treatment center.
      2. Any:
         1. Physician, including any doctor of medicine licensed to practice under the laws of this state;
         2. Licensed registered nurse employed by a medical facility;
         3. Security personnel employed by a medical facility; or
         4. Other personnel employed by a medical facility whose employment duties involve the care and treatment of patients therein

            having cause to believe that a patient has had physical injury or injuries inflicted upon him or her as a result of a reportable boating accident shall report or cause reports to be made in accordance with this paragraph.

      3. An oral report shall be made immediately by telephone or otherwise and shall be followed by a report in writing, if requested, to the person in charge of the medical facility or his or her designated delegate. The person in charge of the medical facility or his or her designated delegate shall then notify the local law enforcement agency having primary jurisdiction in the area in which the medical facility is located of the contents of the report. The report shall contain the name and address of the patient, the nature and extent of the patient's injuries, and any other information that the reporting person believes might be helpful in establishing the cause of the injuries and the identity of the perpetrator.
      4. Notwithstanding any other provision of law, copies of medical records relating to the treatment of such patient shall be furnished to the investigatory law enforcement officer of the department, or any local, state, or federal law enforcement agency upon receipt of a written request or subpoena issued by such law enforcement agency or the prosecuting attorney having jurisdiction over such accident. Such medical records shall be handled in a manner which assures the confidentiality of such records.
      5. Any person or persons participating in the making of a report or causing a report to be made to the appropriate police authority pursuant to this paragraph or participating in any judicial proceeding or any other proceeding resulting therefrom shall in so doing be immune from any civil liability that might otherwise be incurred or imposed, providing such participation pursuant to this paragraph shall be in good faith.
4. Salvage rights. Any person who fails to salvage any vessel within 12 months after its sinking shall forfeit his ownership to the vessel and thereafter any person may salvage and claim the vessel.
5. Official authority. Any officer empowered to enforce this article shall have the authority to stop, board, and detain any vessel involved in a reportable boating accident and to continue the detention of such vessel if necessary for evidentiary purposes for such reasonable period of time as such necessity continues.

   (Ga. L. 1960, p. 235, § 8; Ga. L. 1968, p. 487, § 8; Ga. L. 1973, p. 1427, § 12; Ga. L. 1977, p. 1182, § 9; Ga. L. 1978, p. 1743, § 4; Ga. L. 1998, p. 679, §§ 3, 4; Ga. L. 2008, p. 12, § 2-39/SB 433.)

Cross references. - Limitation of liability of persons rendering emergency care at scene of accident or emergency generally, § 51-1-29 .

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1998, a comma was added following "state" in the first sentence of subparagraph (c)(4)(D).

U.S. Code. - Casualty reporting systems, 46 U.S.C. § 6101 et seq.

Law reviews. - For comment, "Good Samaritan Laws - Legal Disarray: An Update," see 38 Mercer L. Rev. 1439 (1987).

52-7-15. Furnishing information to federal officials and agencies.

In accordance with any request duly made by an authorized official or agency of the United States, any information compiled or otherwise available to the department pursuant to subsection (c) of Code Section 52-7-14 shall be transmitted to such official or agency of the United States for analytical and statistical purposes.

(Ga. L. 1960, p. 235, § 9; Ga. L. 1968, p. 487, § 9; Ga. L. 1973, p. 1427, § 13.)

52-7-16. Towing persons on water skis, aquaplanes, surfboards or similar device.

1. No person shall operate a vessel on any of the waters of this state for towing a person or persons on water skis, aquaplane, surfboard, or any similar device unless the vessel is equipped with a wide-angle mirror mounted in such a manner as to permit the operator of the vessel to observe at all times the person or persons being towed or unless there is in such vessel a competent person, in addition to the operator, in a position to observe at all times the person or persons being towed.
2. No person shall operate any vessel on any of the waters of this state for towing a person or persons on water skis, aquaplane, surfboard, or similar devices nor shall any person or persons engage in water skiing, aquaplaning, surfboarding, or similar activities unless such person or persons being towed are wearing a ski belt, ski jacket, or a Type I, II, or III United States Coast Guard approved personal flotation device.
3. No person shall operate a vessel on any waters of this state towing a person or persons on water skis, aquaplane, surfboard, or similar devices nor shall any person engage in water skiing, aquaplaning, surfboarding, or similar activity at any time between the hours from sunset to sunrise.
4. Subsections (a), (b), and (c) of this Code section do not apply to a performer engaged in a professional exhibition or a person or persons engaged in an activity authorized under Code Section 52-7-19.

   (Ga. L. 1968, p. 487, § 10; Ga. L. 1973, p. 1427, § 14; Ga. L. 1978, p. 1743, § 5; Ga. L. 1982, p. 3, § 52; Ga. L. 1995, p. 10, § 52.)

52-7-17. Speed and load restrictions; riding of bow or gunwale of vessel.

1. The speed of each vessel shall at all times be regulated so as to avoid danger or injury or damage or unnecessary inconvenience, directly or by the effect of the wash or wave raised by the vessel, while in the vicinity of swimming areas, docks, floating boat houses, moored boats, or boats engaged in fishing activities.
2. No vessel shall be loaded beyond the recommended capacity.
3. No person operating any vessel shall allow any person or persons to ride the bow or gunwale of any vessel nor shall any person or persons ride on the bow or gunwale of any vessel unless the vessel is equipped with a railing or some other retaining device on the bow or gunwale, so located that any person or persons might hold to such railing or other retaining device to avoid falling or being thrown overboard. For the purposes of this Code section, eyes or cleats shall not be considered retaining devices.
4. No vessel shall be operated at a speed greater than is reasonable and prudent under the conditions, and such vessel's operator shall have regard for the actual and potential hazards then existing.

   (Ga. L. 1968, p. 487, § 10; Ga. L. 1973, p. 1427, § 15; Ga. L. 1998, p. 679, § 5.)

52-7-18. Rules of the road for boat traffic.

1. All vessels operating on the coastal waters of this state shall conform to the "Steering and Sailing Rules" established by Section II, Rules 11 through 18, of the International Navigation Rules Act of 1977, as amended.
2. All vessels operating on the inland waters of this state shall conform to the "Steering and Sailing Rules" established by Subpart II, Rules 11 through 18, of the Inland Navigation Rules Act of 1980, as amended.
3. It shall be the duty of each operator to keep his vessel to the starboard or right side of the center of any channel, stream, or other narrow body of water; provided, however, this provision shall not give to the operator of a sailing vessel the right to hamper, in a narrow channel, the safe passage of another vessel which can navigate only inside that channel.
4. Powered vessels approaching nonpowered vessels shall reduce their speed so that their wake shall not endanger the life or property of those occupying the nonpowered vessel.
5. Whenever a vessel approaches a bend, point, or other blind area, it shall be the duty of the operator to:
   1. Move as far to the right or starboard as possible;
   2. Reduce speed to allow for an unexpected stop if necessary; and
   3. Sound a blast of eight to ten seconds' duration on a sounding device if such a device is carried.
6. No person shall operate any vessel or tow a person or persons on water skis, an aquaplane, a surfboard, or any similar device on the waters of this state at a speed greater than idle speed within 100 feet of any vessel which is moored, anchored, or adrift outside normal traffic channels, or any wharf, dock, pier, piling, bridge structure or abutment, person in the water, or shoreline adjacent to a full-time or part-time residence, public park, public beach, public swimming area, marina, restaurant, or other public use area. This subsection shall not be interpreted to prohibit any person from initiating or terminating water skiing from any wharf, dock, or pier owned by such person or used by such person with the permission of the owner of said wharf, dock, or pier nor shall it be interpreted to prohibit the immediate return of a tow vessel to a downed water skier.
7. No vessel shall run around or within 100 feet of another vessel at a speed greater than idle speed unless such vessel is overtaking or meeting such other vessel in compliance with the rules of the road for vessel traffic.
8. No vessel shall be operated in such a manner as to ride or jump the wake of another vessel within 100 feet of such other vessel unless the vessel is overtaking or meeting such other vessel in compliance with the rules of the road for vessel traffic and, having passed or overtaken such other vessel, the operator of the passing or overtaking vessel shall not change or reverse course for the purpose of riding or jumping the wake of such other vessel within 100 feet of such other vessel.
9. Subsections (f), (g), and (h) of this Code section shall not apply to ocean-going ships or to tugboats or other powered vessels which are assisting ocean-going ships during transit or during docking or undocking maneuvers.

   (Ga. L. 1976, p. 1632, § 8; Ga. L. 1977, p. 1182, § 10; Ga. L. 1980, p. 738, §§ 9, 10; Ga. L. 1987, p. 567, § 9; Ga. L. 1998, p. 679, § 6.)

Cross references. - Liability of owner of watercraft for tort caused by operation of watercraft, §§ 51-1-21 , 51-1-22 .

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1998, "water skiing" was substituted for "waterskiing" in the second sentence of subsection (f).

52-7-19. Regattas, boat races, marine parades, tournaments, and exhibitions.

1. The department may regulate the holding of regattas, boat races, marine parades, tournaments, or exhibitions which by their nature, circumstance, or location will introduce extra or unusual hazards to the safety or lives of participants or observers or will subject the water and adjoining upland resource upon which the event will be held to extra or unusual stress from pollution, litter, or overuse. The board may adopt and may from time to time amend regulations concerning the safety of vessels and persons thereon, either observers or participants, and the protection of the water and adjoining upland resources of this state. Whenever a regatta, boat race, marine parade, tournament, or exhibition is proposed to be held, the person in charge thereof shall, at least 30 days prior thereto, file an application with the department for permission to hold such regatta, race, parade, tournament, or exhibition. The application shall set forth the date, time, and location proposed for holding such regatta, race, parade, tournament, or exhibition and such other information as the department may require. It shall be unlawful to conduct such regatta, race, parade, tournament, or exhibition without authorization of the department.
2. 1. Any person sponsoring an event requiring a permit under this Code section and which is anticipated to attract 10,000 or more participants shall provide to the department an indemnity bond issued by a surety company authorized to transact business in this state in the amount of $50,000.00 or such lesser amount as determined appropriate by the commissioner in his discretion under criteria set forth in regulations adopted by the board. The bond shall be payable to the department and conditioned upon the faithful performance of the requirements set forth in this Code section, the regulations promulgated pursuant to this Code section, and the conditions of the permit issued under this Code section.
   2. Upon the failure or refusal of the sponsor to comply with any requirement of this Code section, the regulations promulgated pursuant to this Code section, or the conditions of a permit issued under this Code section, which failure results in damage to the department or to this state, the commissioner may make demand upon the sponsor and the surety for such portion of the face amount of the bond as he determines is necessary to compensate the department or the state for all damages suffered. Upon refusal or failure of the sponsor or surety to pay over the sum demanded, he shall initiate an action at law to recover the sum.
   3. Upon recovery of the sum, the department is authorized to reimburse itself for any expenses incurred in connection with the cleanup and minimization of damage to natural resources, to expend such sum to clean up and minimize the damage, or both.
   4. Any person sponsoring an event requiring a permit under this Code section and which is anticipated to attract 10,000 or more participants and spectators shall also provide a forfeiture bond issued by a surety company authorized to transact business in this state in the amount of $50,000.00 or such lesser amount as determined appropriate by the commissioner in his discretion under criteria set forth in regulations by the board. The bond shall be payable to the department and conditioned upon the faithful performance of the requirements set forth in this Code section, the regulations promulgated pursuant to this Code section, and the conditions of the permit issued under this Code section.
   5. Upon the failure or refusal of the sponsor to comply with any requirement of this Code section, the regulations promulgated pursuant to this Code section, or the conditions of a permit issued under this Code section, the commissioner may make demand upon the sponsor and the surety for the face amount of the bond; provided, however, that the commissioner may, in his discretion and in accordance with regulations adopted by the board, make demand for an amount less than the face amount. In exercising such discretion, he may consider the seriousness and degree of the noncompliance. Upon refusal or failure of the sponsor or surety to pay over the sum demanded, he shall initiate an action at law to recover the sum.
   6. Upon recovery of the sum, it shall be paid into the state treasury.
3. The commissioner may in the exercise of his discretion deny an application for a permit for a proposed marine event when, having considered the number of participants and spectators likely to be attracted to the event, the nature and purpose of the event, and the area in which it would be held, he determines that:
   1. The ability of the sponsor to enlist a sufficient number of authorized peace officers to enforce, during the course of the marine event, the applicable state laws and the conditions of the marine event permit issued therefor and to control properly the number of participants is inadequate under the circumstances;
   2. The conduct of the event will subject the waters upon which the event will be held or the adjoining upland resource to such extraordinary stress from pollution or damage due to overuse or create such extraordinary hazards to the safety or lives of participants or spectators that such pollution or damage or such safety hazards cannot be successfully prevented or mitigated by permit conditions; or
   3. The financial and manpower costs incurred by public agencies in the regulation of the marine event are greater than the recreational benefits likely to accrue to the general public from the conduct of the event.
4. Any peace officer, including law enforcement personnel of the department, assigned to duty assisting in the supervision of any event permitted under this Code section may enforce any of the criminal laws of this state in connection with such assignment.
5. This Code section shall not exempt any person from compliance with applicable federal laws or regulations.

   (Ga. L. 1973, p. 1427, § 16; Ga. L. 1980, p. 738, § 11; Ga. L. 1981, p. 987, § 1; Ga. L. 1982, p. 3, § 52; Ga. L. 1995, p. 10, § 52.)

Cross references. - Powers of Department of Community Health with regard to control of mass gatherings, T. 31, C. 27.

52-7-20. Operation of vessels in vicinity of regulatory markers and aids to navigation; tampering with regulatory markers and aids to navigation.

1. As used in this Code section, the term:
   1. "Aids to navigation" means buoys, beacons, or other fixed objects in the water which are used to mark obstructions to navigation or to direct navigation through safe channels.
   2. "Regulatory markers" means any anchored or fixed marker in or on the water or any sign on the shore or on a bridge over the water other than aids to navigation and shall include, but not be limited to, bathing markers, speed zone markers, information markers, danger zone markers, boat keep-out area markers, and mooring buoys.
2. It shall be unlawful to operate a power boat, except at an idle speed, or to create a wake in the vicinity of those marinas, bridges, public access ramps, and blind points which are identified by appropriate signs and markers which conform to the system of aids to navigation prescribed by the United States Coast Guard and to the system of uniform waterway markers approved by the Advisory Panel of State Officials to the Merchant Marine Council or on any portion of the Chattahoochee River between the Morgan Falls Dam and the Georgia Highway 400 bridge which the department so marks as being so restricted.
3. It shall be unlawful to tow a person on water skis, aquaplanes, surfboards, or any similar device or to manipulate any such device on any public waters of the state which the commissioner has designated as a hazardous area or on the Chattahoochee River between the Morgan Falls Dam and the Georgia Highway 400 bridge in any area identified by regulatory markers as a no ski area.
4. The commissioner is authorized to regulate and restrict vessel operation and other recreational water related activities on the public waters of the state. The Department of Natural Resources is authorized to place or designate the placement of signs and markers so as to identify the areas restricted by this Code section.
5. No city, county, or individual may attempt to regulate the public waters of this state by use of the above-mentioned signs and markers without the express written permission of the commissioner of natural resources.
6. The operation of any vessel within prohibited areas that are marked shall be prima-facie evidence of negligent operation.
7. It shall be unlawful for a person to operate a vessel on the waters of this state in a manner other than that prescribed or permitted by regulatory markers.
8. No person shall moor or fasten a vessel to or willfully damage, tamper, remove, obstruct, or interfere with any aid to navigation or regulatory marker established pursuant to this Code section.

   (Ga. L. 1968, p. 487, § 10; Ga. L. 1973, p. 1427, § 17; Ga. L. 1980, p. 738, §§ 12, 13; Ga. L. 1982, p. 3, § 52; Ga. L. 1993, p. 351, §§ 3, 4; Ga. L. 1996, p. 1273, § 2.)

52-7-21. Local regulations concerning operation, equipment, numbering, and other matters relating to vessels.

1. This article and other applicable laws of this state shall govern the operation, equipment, and numbering of vessels and all other matters relating thereto, whenever any vessel shall be operated on the waters of this state or when any activity regulated by this article shall take place thereon; but nothing in this article shall be construed to prevent the adoption of any ordinance or local law relating to operation and equipment of vessels, the provisions of which are identical to the provisions of this article, amendments thereto, or regulations issued thereunder, provided that such ordinances or local laws shall be operative only so long as and to the extent that they continue to be identical to provisions of this article, amendments thereto, or regulations issued thereunder.
2. Any political subdivision may at any time, but only after approval by the commissioner upon a showing of necessity because of unusual or special circumstances, adopt any ordinance or local law relating to the operation and equipment of vessels on any waters within its territorial limits which is more stringent than those provided for in this article.

   (Ga. L. 1973, p. 1427, § 18; Ga. L. 1977, p. 1182, § 11.)

52-7-22. Comprehensive boating educational programs; required completion; exception.

1. The department shall establish a comprehensive boating education program and may seek the cooperation of boatmen, the federal government, and other states. The department may accept moneys made available under federal safety programs and may issue boating certificates to persons who complete courses in boating education.
2. Effective July 1, 2014, and except as otherwise provided by this chapter, anyone born on or after January 1, 1998, who operates any motorized vessel on the waters of this state shall complete a boating education course approved by the department prior to the operation of such vessel.
3. A person shall be exempt from the provisions of subsection (b) of this Code section if he or she is:
   1. Licensed by the United States Coast Guard as a master of a vessel;
   2. Operating such vessel on a private lake or pond; or
   3. A nonresident who has in his or her possession proof that he or she has completed a National Association of State Boating Law Administrators approved boater education course or the equivalency from another state.

      (Ga. L. 1973, p. 1427, § 1; Ga. L. 2013, p. 92, § 11/SB 136.)

The 2013 amendment, effective May 15, 2013, designated the existing provisions as subsection (a); substituted the present provisions of subsection (a) for the former provisions, which read: "The department is authorized to inaugurate a comprehensive boating safety and boating education program and to seek the cooperation of boatmen, the federal government, and other states. The department may accept moneys made available under federal safety programs and may issue safety certificates to persons who complete courses in boating safety education."; and added subsections (b) and (c). See Editor's notes for applicability.

Editor's notes. - Ga. L. 2013, p. 92, § 1/SB 136, not codified by the General Assembly, provides, in part, that Sections 5, 6, and 11 of this Act shall be known and may be cited as the "Kile Glover Boat Education Law".

Ga. L. 2013, p. 92, § 14/SB 136, not codified by the General Assembly, provides, in part, that the amendment of this Code section by that Act shall apply to all offenses occurring on and after May 15, 2013; provided, however, that for purposes of determining the number of prior convictions or pleas of nolo contendere pursuant to the felony provisions of paragraph (4) of subsection (m) of Code Section 52-7-12, only those offenses for which a conviction or a plea of nolo contendere is obtained on or after May 15, 2013, shall be considered.

52-7-23. Power of Board of Natural Resources to adopt rules and regulations.

The Board of Natural Resources is authorized to adopt any regulations necessary for the administration and enforcement of this article, including, but not limited to, regulations setting forth the criteria for determining when an indemnity bond shall be required under Code Section 52-7-19 and the appropriate amount of the bond and when a forfeiture bond shall be required under Code Section 52-7-19, the appropriate amount of the bond, and the conditions for default thereunder. In adopting the indemnity bond regulations, the board shall include, without limitation, criteria relating to the expense of restoring the water body and its surrounding area to the state of cleanliness existing before the conduct of an event authorized under Code Section 52-7-19. In adopting the forfeiture bond regulations, the board shall include, without limitation, criteria relating to the magnitude of the event, the water body and surrounding area upon which it will be held, and the potential public safety hazard inherent in the event. The board may, by regulation, establish bond forfeiture conditions for categories of noncompliance, including, but not limited to, failure or refusal to comply with requirements to provide facilities for the convenience of participants and spectators, requirements relating to public safety, and requirements relating to damage to the water body and surrounding area upon which the event was held.

(Ga. L. 1973, p. 1427, § 21; Ga. L. 1981, p. 987, § 2.)

52-7-24. Filing and publication of rules and regulations and amendments thereto.

A copy of the regulations adopted pursuant to this article and of any amendments thereto shall be filed in the office of the department and in the office of the Secretary of State. Rules and regulations shall be published by the department in a convenient form.

(Ga. L. 1973, p. 1427, § 22.)

52-7-25. Enforcement of article.

1. Any person empowered to enforce this article and any rule or regulation adopted pursuant hereto shall have the authority to stop and board any vessel subject to this article or any such regulation for the purpose of inspection or determining compliance with this article and is empowered to issue a summons for appearance in court or before a magistrate for all violations of this article or of the rules and regulations prescribed hereunder. Vessels of law enforcement personnel shall be marked to identify them as designated enforcement vessels.
2. An officer empowered to enforce this article shall have the power:
   1. To arrest on view for any violation relating to boating and all rules and regulations prescribed by the board under this article;
   2. To execute all warrants and search warrants for violations of the boat laws and regulations;
   3. To serve subpoenas issued for the examination, investigation, and trial of all offenses against the laws and regulations relating to boats;
   4. To board vessels in use, for purposes of examining any documents and safety equipment, and to search without warrant any vessel which is not at its regular mooring or berth when he believes that any law of this state or any rule or regulation of the Board of Natural Resources relating to boating has been violated;

      (4.1) To board vessels in use or floating, whether moored or not, for purposes of examining any marine toilets, holding tanks, and documents related to them, including records of pump-out and certificates of compliance, and to search without warrant any such vessel to determine compliance with the provisions of this article related to marine toilets when the officer believes that any of said provisions of this article relating to marine toilets have been violated;

   5. To detain the vessel and arrest the operator of a suspected stolen vessel;
   6. To enter upon any land or water in the performance of his duty;
   7. To demand and secure proper assistance in case of emergency;
   8. To exercise the powers and duties of peace officers; and
   9. To investigate any boating accident which occurs on the waters of this state.
3. Every vessel subject to this article if underway and upon being hailed by a designated law enforcement officer shall stop immediately and lay to or shall maneuver in such a way as to permit the officer to come aboard.
4. Any person employed or elected by this state or a political subdivision thereof, whose duty it is to preserve the peace or to make arrests or to enforce the law, including, but not limited to, members of the sheriffs' departments, state patrolmen, and conservation rangers, are empowered to enforce this article. The Department of Natural Resources shall be primarily responsible for enforcement of this article and the rules and regulations issued under this chapter.
5. It shall be unlawful for any person to resist or interfere by force, menace, threat, or in any other manner with any arrest for violation of this article. It shall also be unlawful for any person to refuse to go with any law enforcement officer of this state after an arrest has been made or to interfere with the officer in the performance of his duty.
6. The department is authorized and empowered to identify by appropriate signs and markers those public waters in which certain activities may be prohibited or restricted.

   (Ga. L. 1960, p. 235, § 12; Ga. L. 1973, p. 1427, § 23; Ga. L. 1977, p. 1182, § 12; Ga. L. 1980, p. 738, §§ 14-17; Ga. L. 1988, p. 1343, § 4.)

Cross references. - Acceptance of cash bonds for violation of boating laws, § 17-6-5 et seq.

Powers and duties of conservation rangers with regard to laws pertaining to boating safety, § 27-1-20 .

Authority of agents of Georgia Bureau of Investigation to enforce laws relating to operation of vessels or boats upon waters of state, § 27-1-24 .

Law reviews. - For survey article on criminal law and procedure for the period from June 1, 2002 through May 31, 2003, see 55 Mercer L. Rev. 117 (2003).

52-7-26. Penalty.

1. Except as otherwise provided in this article, any person who violates this article or any rule or regulation promulgated hereunder shall be guilty of a misdemeanor. For purposes of establishing criminal violations of the rules and regulations promulgated by the board as provided in this article, the term "rules and regulations" means those rules and regulations of the board in force and effect on January 1, 2014.
2. Notwithstanding subsection (c) of Code Section 17-6-12, the release of a person on his or her own recognizance for violations under Code Sections 52-7-12, 52-7-12.2, 52-7-12.3, and 52-7-12.4 shall be prohibited.

   (Ga. L. 1960, p. 235, § 13; Ga. L. 1968, p. 487, § 12; Ga. L. 1973, p. 1427, § 25; Ga. L. 1983, p. 3, § 41; Ga. L. 1995, p. 236, § 3; Ga. L. 2012, p. 739, § 29/HB 869; Ga. L. 2013, p. 92, § 12/SB 136; Ga. L. 2014, p. 344, § 3/HB 783; Ga. L. 2014, p. 624, § 2/HB 777.)

The 2012 amendment, effective May 1, 2012, added the last sentence in this Code section.

The 2013 amendment, effective May 15, 2013, in the second sentence of this Code section, substituted "means" for "shall mean" in the middle, and substituted "February 5, 2013" for "January 1, 2012" at the end. See Editor's notes for applicability.

The 2014 amendments. The first 2014 amendment, effective May 1, 2014, substituted "January 1, 2014" for "February 5, 2013" at the end of this Code section (now subsection (a)). See Editor's notes for applicability. The second 2014 amendment, effective July 1, 2014, designated the existing provisions of this Code section as subsection (a), and, in subsection (a), in the last sentence, twice substituted "board" for "Board of Natural Resources", and substituted "January 1, 2014" for "February 5, 2013"; and added subsection (b).

Editor's notes. - Ga. L. 2013, p. 92, § 14/SB 136, not codified by the General Assembly, provides, in part, that the amendment of this Code section by that Act shall apply to all offenses occurring on and after May 15, 2013; provided, however, that for purposes of determining the number of prior convictions or pleas of nolo contendere pursuant to the felony provisions of paragraph (4) of subsection (m) of Code Section 52-7-12, only those offenses for which a conviction or a plea of nolo contendere is obtained on or after May 15, 2013, shall be considered.

Ga. L. 2014, p. 344, § 5/HB 783, not codified by the General Assembly, provides: "This Act shall become effective on May 1, 2014, and shall apply to offenses occurring on or after such date."

52-7-30. Compact enacted and entered into; provisions of compact.

The Interstate Boating Violator Compact is enacted into law and entered into by the State of Georgia with any and all states legally joining therein in accordance with its terms. The compact is substantially as follows:

"INTERSTATE BOATING VIOLATOR COMPACT

52-7-31. Administration of compact; reciprocal suspension when operating privileges suspended in party state; Board of Natural Resources to publish rules and regulations; creation of compact manual.

1. The commissioner of natural resources shall appoint an Interstate Boating Violator Compact administrator for this state. Such administrator shall serve at the pleasure of the commissioner.
2. The department may suspend the operating privileges of any person to operate a vessel upon the waters of this state as provided for in Code Section 52-7-12.7 to the extent that such person's privileges to operate a vessel upon the waters of a state have been suspended when such state is a party state, as such term is defined in Code Section 52-7-30.
3. The Board of Natural Resources shall make and publish such rules and regulations, including the creation of the compact manual, not inconsistent with law, as it deems necessary to carry out the purposes of this article. (Code 1981, § 52-7-31 , enacted by Ga. L. 2014, p. 624, § 3/HB 777.)

52-7-40. Definitions.

As used in this article, the term:

1. "Capacity plate" means a plate attached to watercraft with information thereon as provided in this article.
2. "Manufacturer" means a person, firm, or corporation who constructs or assembles a watercraft or alters a watercraft in such manner as to change its weight capacity.
3. "Watercraft" means any boat, vessel, or craft, other than a seaplane, used or capable of being used as a means of transportation on water, which is less than 26 feet in length and is designed to carry two or more persons.

   (Ga. L. 1971, p. 419, § 1.)

52-7-41. Requirement as to attachment of capacity plates to vessels generally.

It shall be unlawful to manufacture, sell, or offer for sale in this state any watercraft to which a capacity plate has not been attached.

(Ga. L. 1971, p. 419, § 2.)

52-7-42. Information to be marked on capacity plate.

A capacity plate shall bear the following information, permanently marked thereon in such manner as to be clearly visible and legible from the position designed or normally intended to be occupied by the operator of the watercraft when the watercraft is in operation:

1. For all watercraft designed for or represented by the manufacturer as being suitable for use with an outboard motor:
   1. The total weight of all persons, motor, gear, and other articles which the watercraft is capable of carrying with safety under normal conditions;
   2. The recommended number of persons commensurate with the weight capacity of the watercraft and the presumed weight in pounds of each such person; but in no instance shall such presumed weight per person be less than 150 pounds;
   3. Clear notice that the information appearing on the capacity plate is applicable under normal conditions and that the weight of the outboard motor and associated equipment is considered to be part of the total weight capacity; and
   4. The maximum horsepower of the motor which the watercraft is designed or intended to accommodate.
2. For all other watercraft to which this article applies:
   1. The total weight of all persons, gear, and other articles which the watercraft is capable of carrying with safety under normal conditions;
   2. The recommended number of persons commensurate with the weight capacity of the watercraft and the presumed weight in pounds of each such person; but in no instance shall such presumed weight per person be less than 150 pounds; and
   3. Clear notice that the information appearing on the capacity plate is applicable under normal conditions.

      (Ga. L. 1971, p. 419, § 3.)

52-7-43. Determination of maximum capacity.

The information relating to maximum capacity which is required to appear on capacity plates by Code Section 52-7-42 shall be determined in accordance with such methods and formulas as shall be prescribed by rules or regulations adopted by the Board of Natural Resources. In prescribing such methods and formulas, the Board of Natural Resources shall be guided by and give due regard to the necessity for uniformity in methods and formulas lawful for use in determining small watercraft capacity in the several states and to any methods and formulas which may be recognized or recommended by the United States Coast Guard or any successor agency.

(Ga. L. 1971, p. 419, § 4.)

52-7-44. Affixing of capacity plate by person other than vessel manufacturer; effect of such action on liability of manufacturer.

Any person may affix a capacity plate to any watercraft to which this article applies and which does not have a capacity plate meeting the requirements of law affixed thereto by the manufacturer thereof in accordance with such rules and regulations as the Board of Natural Resources may prescribe. Such watercraft may thereafter be offered for sale in this state. However, no action pursuant to this Code section, or in the manner described herein, shall relieve any manufacturer from liability for failure to comply with the requirements of this article.

(Ga. L. 1971, p. 419, § 5.)

52-7-45. Information on capacity plate as constituting a warranty; nature of warranty.

The information appearing on a capacity plate shall be deemed to be a warranty:

1. That the manufacturer or other person affixing a capacity plate as permitted by Code Section 52-7-44 has correctly and faithfully employed a method and formula for the calculation of maximum weight capacity prescribed by the Board of Natural Resources;
2. That the information appearing on the capacity plate, with respect to maximum weight capacity and recommended number of persons, is the result of the application of such method and formula; and
3. With respect to information concerning horsepower limitations, that such information is not a deliberate or negligent misrepresentation.

   (Ga. L. 1971, p. 419, § 6.)

Cross references. - Warranties generally, § 11-2-312 et seq.

52-7-46. Alternative compliance with article if affixing of capacity plate deemed impracticable or undesirable.

If any watercraft which is required by this article to have a capacity plate affixed thereto is of such design or construction as to make it impracticable or undesirable to affix such plate, the manufacturer or other person having the responsibility for affixing the plate may represent such impracticability or undesirability in writing to the Department of Natural Resources. Upon determination by the Department of Natural Resources that such representation has merit and that a proper and effective substitute for the capacity plate, which will serve the same purpose, is feasible, the Department of Natural Resources may authorize such alternative compliance. Such alternative compliance shall thereafter be deemed compliance with the capacity plate requirements of this article.

(Ga. L. 1971, p. 419, § 7.)

52-7-47. Exemption of watercraft by rules and regulations of Board of Natural Resources.

The Board of Natural Resources may, by rules and regulations, exempt any watercraft from the requirements of this article which it finds to be of such unconventional design or construction that the information required on capacity plates would not assist in promoting safety or that such information is not reasonably obtainable.

(Ga. L. 1971, p. 419, § 8.)

52-7-48. Promulgation of rules and regulations by Board of Natural Resources generally.

The Board of Natural Resources is authorized to promulgate, issue, and amend rules and regulations necessary to carry out the purposes of this article.

(Ga. L. 1971, p. 419, § 9.)

52-7-49. Exemption of watercraft manufactured for personal use.

Nothing contained within this article shall be construed so as to apply to any person who shall manufacture or construct a watercraft for his own personal use and so long as such watercraft remains the property of the person who manufactured or constructed such watercraft.

(Ga. L. 1971, p. 419, § 10.)

52-7-50. Applicability of article.

This article shall apply to watercraft manufactured after January 1, 1972.

(Ga. L. 1971, p. 419, § 11.)

52-7-51. Penalty.

1. Any person who violates this article or any rules and regulations issued hereunder shall be guilty of a misdemeanor. For purposes of establishing criminal violations of the rules and regulations promulgated by the Board of Natural Resources as provided in this article, the term "rules and regulations" means those rules and regulations of the Board of Natural Resources in force and effect on January 1, 2014.
2. Failure to affix a proper capacity plate shall constitute a separate violation for each watercraft with respect to which such failure occurs.

   (Ga. L. 1971, p. 419, § 12; Ga. L. 2012, p. 739, § 30/HB 869; Ga. L. 2013, p. 92, § 13/SB 136; Ga. L. 2014, p. 344, § 4/HB 783.)

The 2012 amendment, effective May 1, 2012, added the last sentence in subsection (a).

The 2013 amendment, effective May 15, 2013, in the second sentence of subsection (a), substituted "means" for "shall mean" in the middle, and substituted "February 5, 2013" for "January 1, 2012" at the end. See Editor's notes for applicability.

The 2014 amendment, effective May 1, 2014, substituted "January 1, 2014" for "February 5, 2013" at the end of subsection (a). See Editor's notes for applicability.

Editor's notes. - Ga. L. 2013, p. 92, § 14/SB 136, not codified by the General Assembly, provides, in part, that the amendment of this Code section by that Act shall apply to all offenses occurring on and after May 15, 2013; provided, however, that for purposes of determining the number of prior convictions or pleas of nolo contendere pursuant to the felony provisions of paragraph (4) of subsection (m) of Code Section 52-7-12, only those offenses for which a conviction or a plea of nolo contendere is obtained on or after May 15, 2013, shall be considered.

Ga. L. 2014, p. 344, § 5/HB 783, not codified by the General Assembly, provides: "This Act shall become effective on May 1, 2014, and shall apply to offenses occurring on or after such date."

52-7-70. Definitions.

As used in this article, the term:

1. "Abandoned vessel" means a vessel:
   1. Which has been left by the owner or some person acting for the owner with a vessel dealer, repairman, or wrecker service for repair or for some other reason and has not been called for by such owner or other person within a period of 30 days after the time agreed upon; or within 30 days after such vessel is turned over to such dealer, repairman, or wrecker service when no time is agreed upon; or within 30 days after the completion of necessary repairs;
   2. Which is left unattended upon or in any public water or at any port in this state without the consent of the agency having jurisdiction or docked at any private property without the consent of the owner of such property for a period of at least five days and when it reasonably appears to a law enforcement officer that the individual who left such vessel unattended does not intend to return and remove such vessel;
   3. Which has been lawfully towed onto the property of another at the request of a law enforcement officer and left there for a period of not less than 30 days without anyone's having made claim thereto;
   4. Which has been lawfully towed onto the property of another at the request of a property owner on whose property the vessel was abandoned and left there for a period of not less than 30 days without the owner's having made claim thereto; or
   5. Which has been left unattended on private property for a period of not less than 30 days without anyone's having made claim thereto.
2. "Owner" means the owner, lessor, lessee, security interest holders, and all lienholders as shown on the records of the Department of Natural Resources.
3. "Vessel" means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water and specifically includes, but is not limited to, inflatable rafts. (Code 1981, § 52-7-70 , enacted by Ga. L. 1989, p. 613, § 1.)

52-7-71. Removal and storage of vessels; procedure.

1. Any person who removes a vessel from public property or public water at the request of a law enforcement officer or stores such vessel shall, if the owner of the vessel is unknown, seek the identity of and address of the last known registered owner of such vessel from the law enforcement officer requesting removal of such vessel or such officer's agency within 72 hours of removal.
2. Any person who removes a vessel from private property or private waters at the request of the property owner or stores such vessel shall, if the owner of the vessel is unknown, notify in writing a local law enforcement agency of the location of the vessel, the vessel certificate of number, and the hull identification number, model, year, and make of the vessel, if known or if readily ascertainable, within 72 hours of the removal of such vessel and shall seek from the local law enforcement agency the identity and address of the last known registered owner of such vessel and any information indicating that such vessel is a stolen vessel.
3. If any vessel removed under conditions set forth in subsection (a) or (b) of this Code section is determined to be a stolen vessel, the local law enforcement officer or agency shall notify the Georgia Crime Information Center and the owner, if known, of the location of such vessel within 72 hours after receiving notice that such vessel is a stolen vessel.
4. If any vessel removed under conditions set forth in subsection (a) or (b) of this Code section is determined not to be a stolen vessel or is not a vessel being repaired by a repair facility or is not being stored by an insurance company providing insurance to cover damages to the vessel, the person removing or storing such vessel shall, within seven calendar days of the day such vessel was removed, notify the owner, if known, by certified or registered mail or statutory overnight delivery of the location of such vessel, the fees connected with removal and storage of such vessel, and the fact that such vessel will be deemed abandoned under this article unless the owner redeems such vessel within 30 days of the date such vessel was removed.
5. If the person identified as the owner fails to redeem such vessel as described in subsection (d) of this Code section, or if a vessel being repaired by a repair facility or being stored by an insurance company providing insurance to cover damages to the vessel becomes abandoned, the person removing or storing such vessel shall, within seven calendar days of the day such vessel became an abandoned vessel, give notice in writing, by sworn statement, to the Department of Natural Resources and the Georgia Bureau of Investigation, stating the vessel certificate of number, the hull identification number, the fact that such vessel is an abandoned vessel, the model, year, and make of the vessel, if known or if readily ascertainable, the date the vessel became an abandoned vessel, the date the vessel was removed, and the present location of such vessel and requesting the name and address of all owners, lessors, lessees, security interest holders, and lienholders of such vessel. If a person removing or storing the vessel has knowledge of facts which reasonably indicate that the vessel is registered or titled in a certain other state, such person shall check the vessel records of that other state in the attempt to ascertain the identity of the owner of the vessel.

   (e.1) (1) (A) Upon notice to the Department of Natural Resources as described in subsection (e) of this Code section, then the commissioner may revoke, suspend, deny, or refuse to renew any vessel certificate of number or commercial fishing boat license required by this title or Title 27 which is held by or has been applied for by the person, until all fees connected with removal and storage of the vessel have been paid and any lien acquired under Code Section 52-7-73 for such fees has been satisfied. The person shall be notified of the proposed order for revocation, suspension, denial, or nonrenewal personally or by a letter sent by certified mail or statutory overnight delivery to the name and address indicated on the application for the certificate of number or license, or both. The proposed order for revocation, suspension, denial, or nonrenewal shall become final 30 days after issuance if not appealed as provided in this paragraph.

   (B) Any person whose vessel certificate of number or commercial fishing boat license is proposed for revocation, suspension, denial, or nonrenewal under this paragraph shall have the right to enter an appeal in the superior court of the county of his or her residence or in the Superior Court of Fulton County. Such appeal shall name the commissioner as defendant and must be filed within 30 days from the date the notice of the proposed order was sent. The person filing the appeal shall neither be required to post any bond nor to pay the costs in advance. If the person so desires, the appeal may be heard by the judge at term or in chambers or by a jury at the first term. The hearing on the appeal shall be de novo, but no appeal shall act as a supersedeas of any orders or acts of the department.

   (2) (A) Upon notice to the Department of Natural Resources as described in subsection (e) of this Code section and delivery of a copy of such notice to the state revenue commissioner, then the state revenue commissioner may revoke, suspend, deny, or refuse to renew any motor vehicle registration required by Title 40 which is held by or has been applied for by the person, until all fees connected with removal and storage of the vessel have been paid and any lien acquired under Code Section 52-7-73 for such fees has been satisfied. The person shall be notified of the proposed order for revocation, suspension, denial, or nonrenewal personally or by a letter sent by certified mail or statutory overnight delivery to the name and address indicated on the application for the registration. The proposed order for revocation, suspension, denial, or nonrenewal shall become final 30 days after issuance if not appealed as provided in this paragraph.

   (B) Any person whose motor vehicle registration is proposed for revocation, suspension, denial, or nonrenewal under this paragraph shall have the right to enter an appeal in the superior court of the county of his or her residence or in the Superior Court of Fulton County. Such appeal shall name the state revenue commissioner as defendant and must be filed within 30 days from the date the notice of the proposed order was sent. The person filing the appeal shall neither be required to post any bond nor to pay the costs in advance. If the person so desires, the appeal may be heard by the judge at term or in chambers or by a jury at the first term. The hearing on the appeal shall be de novo, but no appeal shall act as a supersedeas of any orders or acts of the department.

6. Upon ascertaining the owner of such vessel, the person removing or storing such vessel shall, within five calendar days, by certified or registered mail or statutory overnight delivery, notify the owner, lessors, lessees, security interest holders, and lienholders of the vessel of the location of such vessel and of the fact that such vessel is deemed abandoned and shall be disposed of if not redeemed.
7. If the identity of the owner of such vessel cannot be ascertained, the person removing or storing such vessel shall place an advertisement in a newspaper of general circulation in the county where such vessel was obtained or, if there is no newspaper in such county, shall post such advertisement at the county courthouse in such place where other public notices are posted. Such advertisement shall run in the newspaper once a week for two consecutive weeks or shall remain posted at the courthouse for two consecutive weeks. The advertisement shall contain a complete description of the vessel, its certificate of number and hull identification number, the location from where such vessel was initially removed, the present location of such vessel, and the fact that such vessel is deemed abandoned and shall be disposed of if not redeemed.
8. Information forwarded to the Georgia Bureau of Investigation as required by this Code section shall be placed by the bureau on the National Crime Information Center Network.
9. Any person storing a vessel under the provisions of this Code section shall notify the Department of Natural Resources and the Georgia Bureau of Investigation if the vessel is recovered, is claimed by the owner, is determined to be stolen, or is for any reason no longer an abandoned vessel. Such notice shall be provided within seven calendar days of such event.
10. If vessel information on the abandoned vessel is not in the files of the Department of Natural Resources, the department may require such other information or confirmation as it determines is necessary or appropriate to determine the identity of the vessel.
11. Any person who does not provide the notice and information required by this Code section shall not be entitled to any storage fees.
12. Any person who knowingly provides false or misleading information when providing any notice or information as required by this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor. (Code 1981, § 52-7-71 , enacted by Ga. L. 1989, p. 613, § 1; Ga. L. 2000, p. 1589, § 4; Ga. L. 2007, p. 105, § 2/HB 132.)

Editor's notes. - Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the Act shall be applicable with respect to notices delivered on or after July 1, 2000.

52-7-72. Authority of peace officer to cause removal of unattended vessels; notifications; duties.

1. Any peace officer who finds a vessel which has been left unattended in or upon any public waters or other public property for a period of at least five days, if such peace officer reasonably believes that the person who left such vessel unattended does not intend to return and remove such vessel, shall notify the Department of Natural Resources of such finding in accordance with subsection (d) of this Code section and may cause such vessel to be removed to a garage or other place of safety.
2. Any peace officer who finds a vessel which has been left unattended in or upon any public waters or other public property, when such vessel poses a threat to public health or safety, shall notify the Department of Natural Resources of such finding in accordance with subsection (d) of this Code section and may immediately cause such vessel to be removed to a garage or other place of safety.
3. Any peace officer who, under the provisions of this Code section, causes any vessel to be removed to a garage or other place of safety shall be liable for gross negligence only.
4. 1. Any peace officer who finds a vessel under such conditions as described in subsection (a) or (b) of this Code section shall within 72 hours from the time of such finding:
      1. Notify the Department of Natural Resources and the Georgia Crime Information Center of the description of the vessel, whether the vessel has been removed or not, and, if removed, the location to which such vessel has been removed; and
      2. If available on the Georgia Crime Information Center Network, determine the name and address of the last known registered owner of such vessel. If vessel information is not in the files of the Department of Natural Resources, the department may require such other information or confirmation as it determines is necessary or appropriate to determine the identity of the vessel.
   2. If any such vessel is determined to be a stolen vessel, the local law enforcement officer or agency shall notify the Georgia Crime Information Center and the owner, if known, of the location of such vessel within 72 hours after receiving notice that such vessel is a stolen vessel.
   3. If the vessel is removed and the name and address of the last known registered owner of the vessel is obtained from the Georgia Crime Information Center, the peace officer who causes the vessel to be removed shall, within three calendar days of removal, make available to the person removing such vessel the name and address of the last known registered owner of such vessel. If such information is not available, the peace officer shall, within three calendar days of removal, notify the person removing or storing such vessel of such fact. (Code 1981, § 52-7-72 , enacted by Ga. L. 1989, p. 613, § 1; Ga. L. 2007, p. 105, § 3/HB 132.)

52-7-72.1. Penalty for failing to remove unattended vessel.

1. 1. If any vessel for which the Department of Natural Resources and the Georgia Crime Information Center have received notice pursuant to subsection (d) of Code Section 52-7-72 has not been removed and is determined not to be a stolen vessel, the commissioner may proceed to take action against the owner as provided by this Code section.
   2. If any vessel for which the Department of Natural Resources and the Georgia Crime Information Center have received notice pursuant to subsection (d) of Code Section 52-7-72 has been removed, the provisions of this Code section shall not apply and the provisions of Code Section 52-7-71 shall apply instead.
2. 1. 1. Upon notice to the Department of Natural Resources as described in subsection (d) of Code Section 52-7-72 , then the commissioner may revoke, suspend, deny, or refuse to renew any vessel certificate of number or commercial fishing boat license required by this title or Title 27 which is held by or has been applied for by a person who owns the vessel, until the owner restores and resumes operation of the vessel or removes it from public waters or public property. The person shall be notified of the proposed order for revocation, suspension, denial, or nonrenewal personally or by a letter sent by certified mail or statutory overnight delivery to the name and address indicated on the application for the certificate of number or license, or both. The proposed order for revocation, suspension, denial, or nonrenewal shall become final 30 days after issuance if not appealed as provided in this paragraph.
      2. Any person whose vessel certificate of number or commercial fishing boat license is proposed for revocation, suspension, denial, or nonrenewal under this paragraph shall have the right to enter an appeal in the superior court of the county of his or her residence or in the Superior Court of Fulton County. Such appeal shall name the commissioner as defendant and must be filed within 30 days from the date the notice of the proposed order was sent. The person filing the appeal shall neither be required to post any bond nor to pay the costs in advance. If the person so desires, the appeal may be heard by the judge at term or in chambers or by a jury at the first term. The hearing on the appeal shall be de novo, but no appeal shall act as a supersedeas of any orders or acts of the department.
   2. 1. Upon notice to the Department of Natural Resources as described in subsection (d) of Code Section 52-7-72 and delivery of a copy of such notice to the state revenue commissioner, then the state revenue commissioner may revoke, suspend, deny, or refuse to renew any motor vehicle registration required by Title 40 which is held by or has been applied for by a person who owns the vessel, until the owner restores and resumes operation of the vessel or removes it from public waters or public property. The person shall be notified of the proposed order for revocation, suspension, denial, or nonrenewal personally or by a letter sent by certified mail or statutory overnight delivery to the name and address indicated on the application for the registration. The proposed order for revocation, suspension, denial, or nonrenewal shall become final 30 days after issuance if not appealed as provided in this paragraph.
      2. Any person whose motor vehicle registration is proposed for revocation, suspension, denial, or nonrenewal under this paragraph shall have the right to enter an appeal in the superior court of the county of his or her residence or in the Superior Court of Fulton County. Such appeal shall name the state revenue commissioner as defendant and must be filed within 30 days from the date the notice of the proposed order was sent. The person filing the appeal shall neither be required to post any bond nor to pay the costs in advance. If the person so desires, the appeal may be heard by the judge at term or in chambers or by a jury at the first term. The hearing on the appeal shall be de novo, but no appeal shall act as a supersedeas of any orders or acts of the department. (Code 1981, § 52-7-72.1 , enacted by Ga. L. 2007, p. 105, § 4/HB 132.)

52-7-73. Lien on vessel; foreclosure in courts competent to hear civil cases.

1. Any person who removes or stores any vessel which is or becomes an abandoned vessel shall have a lien on such vessel for the reasonable fees connected with such removal or storage plus the cost of any advertisement. Prior to acquiring such lien, the person must have complied with the requirements of Code Section 52-7-71.
2. The lien acquired under subsection (a) of this Code section may be foreclosed in any court which is competent to hear civil cases, including, but not limited to, magistrate courts. Liens shall be foreclosed in magistrate courts only when the amount of the lien does not exceed the jurisdictional limits established by law for such courts. (Code 1981, § 52-7-73 , enacted by Ga. L. 1989, p. 613, § 1.)

52-7-74. Procedure for foreclosure.

All liens acquired under Code Section 52-7-73 shall be foreclosed as follows:

1. Any proceeding to foreclose a lien on an abandoned vessel must be instituted within one year from the time the lien is recorded or is asserted by retention;
2. The person desiring to foreclose a lien on an abandoned vessel shall, by certified or registered mail or statutory overnight delivery, make a demand upon the owner for the payment of the reasonable fees for removal and storage plus the costs of any advertisement. Such written demand shall include an itemized statement of all charges. No such written demand shall be required if the identity of the owner cannot be ascertained and the notice requirements of subsection (g) of Code Section 52-7-71 have been complied with;
3. 1. If, within ten days of delivery to the appropriate address of the written demand required by paragraph (2) of this Code section, the owner of the abandoned vessel fails to respond to such demand or refuses to pay, or if the owner of the abandoned vessel cannot be ascertained, the person removing or storing the abandoned vessel may foreclose such lien. The person asserting such lien may move to foreclose by making an affidavit to a court of competent jurisdiction showing all facts necessary to constitute such lien and the amount claimed to be due. Such affidavit shall aver that the notice requirements of Code Section 52-7-71 have been complied with, and such affidavit shall also aver that a demand for payment has been made and refused or that the identity of the owner cannot be ascertained. The person foreclosing shall verify the statement by oath or affirmation and shall affix his signature thereto.
   2. Regardless of the court in which the affidavit required by this paragraph is filed, the fee for filing such affidavit shall be $5.00 per vessel upon which a lien is asserted;
4. 1. Upon such affidavit's being filed, the lien claimant shall give the clerk or judge of the court the address, if known, of the owner, lessor, lessee, security interest holders, and lienholders of the abandoned vessel. The clerk or judge of the court shall serve notice upon such owner, lessor, lessee, security interest holders, and lienholders of the abandoned vessel of a right to a hearing to determine if reasonable cause exists to believe that a valid debt exists; that such hearing must be petitioned for within ten days after receipt of such notice; and that, if no petition for such hearing is filed within the time allowed, the lien will conclusively be deemed a valid one and foreclosure thereof allowed.
   2. Any notice required by this paragraph shall be by certified mail or statutory overnight delivery or, if the owner, lessor, lessee, security interest holder, or lienholder is unknown, by posting such notice at the county courthouse in such place where other public notices are posted;
5. If a petition for a probable cause hearing is filed within the time allowed, the court shall set such a hearing within ten days of filing of the petition. If, at the hearing, the court determines that reasonable cause exists to believe that a valid debt exists, then the person asserting the lien shall retain possession of the vessel or the court shall obtain possession of the vessel, as ordered by the court. The owner-debtor may obtain possession of the vessel by giving bond and security in the amount determined to be probably due and costs of the action;
6. Within five days of the probable cause hearing, a party defendant must petition the court for a full hearing on the validity of the debt if a further determination of the validity of the debt is desired. If no such petition is filed, the lien for the amount determined reasonably due shall conclusively be deemed a valid one and foreclosure thereof allowed. If such a petition is filed, the court shall set a full hearing thereon within 15 days of the filing of the petition. Upon the filing of such petition by a party defendant, neither the prosecuting lienholder nor the court may sell the vessel, although possession of the vessel may be retained;
7. If, after a full hearing, the court finds that a valid debt exists, then the court shall authorize foreclosure upon and sale of the vessel subject to the lien to satisfy the debt if such debt is not otherwise immediately paid;
8. If the court finds the actions of the person asserting the lien in retaining possession of the vessel were not taken in good faith, then the court, in its discretion, may award damages to the owner, any party which has been deprived of the rightful use of the vessel, or the lessee due to the deprivation of the use of the vessel; and
9. If no petition for a hearing is filed, or if, after a full hearing, the court determines that a valid debt exists, the court shall issue an order authorizing the sale of such vessel. However, the holder of a security interest in or a lien on the vessel, other than the holder of a lien created by Code Section 52-7-73 , shall have the right, in the order of priority of such security interest or lien, to pay the debt and court costs. If the holder of a security interest or lien does so pay the debt and court costs, such person shall have the right to possession of the vessel, and that person's security interest in or lien on such vessel shall be increased by the amount so paid. A court order shall be issued to this effect, and in this instance there shall not be a sale of the vessel. (Code 1981, § 52-7-74 , enacted by Ga. L. 1989, p. 613, § 1; Ga. L. 2000, p. 1589, §§ 3, 4.)

Editor's notes. - Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the Act shall be applicable with respect to notices delivered on or after July 1, 2000.

52-7-75. Public sale of vessel; disposition of excess proceeds.

1. 1. As used in this subsection, the term "public sale" means a sale:
      1. Held at a place reasonably available to persons who might desire to attend and submit bids;
      2. At which those attending shall be given the opportunity to bid on a competitive basis;
      3. At which the sale, if made, shall be made to the highest and best bidder; and
      4. Except as otherwise provided in Title 11 for advertising or dispensing with the advertising of public sales, of which notice is given by advertisement once a week for two weeks in the newspaper in which the sheriff's advertisements are published in the county where the sale is to be held, and which notice shall state the day and hour, between 9:00 A.M. and 5:00 P.M., and the place of sale and shall briefly identify the goods to be sold.
   2. Upon order of the court, the person holding the lien on the abandoned vessel shall be authorized to sell such vessel at public sale.
2. After satisfaction of the lien, the person selling such vessel shall turn the remaining proceeds of such sale, if any, over to the clerk of the court. (Code 1981, § 52-7-75 , enacted by Ga. L. 1989, p. 613, § 1; Ga. L. 2015, p. 996, § 3C-6/SB 65.)

The 2015 amendment, effective January 1, 2016, added paragraph (a)(1), redesignated the existing language of subsection (a) as paragraph (a)(2), and deleted ", as defined by Code Section 11-1-201" at the end of paragraph (a)(2).

Editor's notes. - Ga. L. 2015, p. 996, § 1-1/SB 65, not codified by the General Assembly, provides: "(a) This Act shall be known and may be cited as the 'Debtor-Creditor Uniform Law Modernization Act of 2015.'

"(b) To promote consistency among the states, it is the intent of the General Assembly to modernize certain existing uniform laws promulgated by the Uniform Law Commission affecting debtor and creditor rights, responsibilities, and relationships and other federally recognized laws affecting such rights, responsibilities, and relationships."

52-7-76. Issuance of certificate of title.

The purchaser at a sale as authorized in this article shall receive a certified copy of the court order authorizing such sale. Any such purchaser may obtain a certificate of title to such vessel by filing the required application, paying the required fees, and filing a certified copy of the order of the court with the Department of Natural Resources. The Department of Natural Resources shall then issue a certificate of title, which shall be free and clear of all liens and encumbrances.

(Code 1981, § 52-7-76 , enacted by Ga. L. 1989, p. 613, § 1.)

52-7-77. Payment of balance remaining after satisfaction of liens, security interests, and debts.

The clerk of the court shall retain the remaining balance of the proceeds of a sale conducted under Code Section 52-7-75, after satisfaction of liens, security interests, and debts, for a period of 12 months; and, if no claim has been filed against such proceeds by the owner of the abandoned vessel or any interested party, then he shall pay such remaining balance as follows:

1. If the abandoned vessel came into the possession of the person creating the lien other than at the request of a peace officer, the proceeds of the sale shall be divided equally and paid into the general fund of the county in which the sale was made and into the general fund of the municipality, if any, in which the sale was made;
2. If the abandoned vessel came into the possession of the person creating the lien at the request of a police officer of a municipality, the proceeds of the sale shall be paid into the general fund of the municipality;
3. If the abandoned vessel came into the possession of the person creating the lien at the request of a county sheriff, deputy sheriff, or county police officer, the proceeds of the sale shall be paid into the general fund of the county in which the sale was made; or
4. If the abandoned vessel came into the possession of the person creating the lien at the request of a member of the Georgia State Patrol or other employee of the State of Georgia, the proceeds of the sale shall be paid into the general fund of the county in which the sale was made. (Code 1981, § 52-7-77 , enacted by Ga. L. 1989, p. 613, § 1.)

52-8-1. Throwing stone, gravel, or other ballast into navigable waters.

Any master of a vessel or watercraft who shall throw or permit to be thrown any stone, gravel, or other ballast from on board the vessel or watercraft into any of the waters of any bay or harbor of this state or within three miles of the outside bar of any such bay or harbor shall forfeit a sum not less than $500.00 nor more than $2,000.00 for each such offense. One-half of the forfeiture shall be paid to the person who first gives information of the offense to the Board of Pilotage Commissioners and the other half shall be paid to the use of the commissioners of the harbors, respectively, for improvement of navigation. In addition, any such master may be punished by imprisonment for not over three months, in the discretion of the court.

(Laws 1847, Cobb's 1851 Digest, p. 50; Code 1863, § 1486; Code 1868, § 1543; Code 1873, § 1537; Code 1882, § 1537; Civil Code 1895, § 1685; Penal Code 1895, § 646; Civil Code 1910, § 1931; Penal Code 1910, § 686; Code 1933, §§ 98-102, 98-9902.)

52-8-2. Duty of pilots to report unlawful discharge of stone, gravel, or other ballast into bays and harbors.

Every pilot having knowledge of the discharge of any stone, gravel, or other ballast in any bay or harbor of this state, or within three miles of the outside bar of any such bay or harbor, as specified in Code Section 52-8-1, must give information thereof to the Board of Pilotage Commissioners as soon as practicable; and, upon his failure to do so, such pilot shall be deprived of his license and shall be forever disqualified for the office of pilot.

(Orig. Code 1863, § 1488; Code 1868, § 1545; Code 1873, § 1539; Code 1882, § 1539; Civil Code 1895, § 1687; Civil Code 1910, § 1933; Code 1933, § 98-103.)

52-8-3. Recovery of forfeiture; attachment and replevy of vessels.

Upon receipt by the Board of Pilotage Commissioners of satisfactory evidence of the offense specified in Code Section 52-8-1, it shall be the duty of the board to proceed to recover the forfeiture provided for in that Code section by process of attachment in the name of the state, which may be issued as other attachments on the oath of the informer or of one of the commissioners and may be levied on the vessel from which the offense was committed. The vessel may be replevied by the master, owner, or consignee by giving bond, payable to the state, in double the amount of the penalty, with the condition to have the vessel forthcoming to satisfy such judgment as may be rendered in the action.

(Orig. Code 1863, § 1487; Code 1868, § 1544; Code 1873, § 1538; Code 1882, § 1538; Civil Code 1895, § 1686; Civil Code 1910, § 1932; Code 1933, § 98-104.)

52-8-4. Power of municipalities to prohibit throwing or depositing of substances which might lessen depth of navigable waters.

The corporate authorities of any municipality in this state are authorized, within their respective jurisdictions, to prohibit, under proper penalties, the throwing or depositing in navigable waters of any substance of any nature or kind which might in any degree lessen the depth of navigable water within the jurisdictional limits of such municipalities.

(Orig. Code 1863, § 1489; Code 1868, § 1546; Code 1873, § 1540; Code 1882, § 1540; Civil Code 1895, § 1688; Civil Code 1910, § 1934; Code 1933, § 98-105; Ga. L. 1982, p. 3, § 52.)

52-8-5. Power of municipalities to prohibit throwing or depositing of substances dangerous to navigation or injurious to vessels.

The corporate authorities of any municipality in this state are authorized, within their respective jurisdictions, to prohibit under proper penalties the throwing or depositing in navigable waters, of any substance which they might consider dangerous to navigation or injurious to vessels or to property abutting upon such navigable waters; and the master of any vessel from which any forbidden substance is thrown or deposited in violation of any ordinance promulgated under this Code section shall be guilty of a misdemeanor.

(Ga. L. 1945, p. 279, § 26.)

52-9-1. Projects for improving navigation channels.

The General Assembly recognizes the need for maintaining navigation inlets, harbors, and rivers to promote commercial and recreational uses of our coastal waters and their resources. The General Assembly further recognizes that dredging activities to deepen or maintain navigation channels within tidal inlets, as well as the entrances to harbors and rivers, often alter the natural drift of sand resources within the littoral zone. This alteration can be exacerbated when the sand resources are deposited in designated upland or offshore disposal areas instead of being returned to the natural river-sand transport-beach system. This alteration can adversely impact natural resources, recreation, tourism, and associated coastal economies. Moreover, the General Assembly believes in the duties of government to protect life and property. Therefore, it is the policy of this state that there shall be no net loss of sand from the state's coastal barrier beaches resulting from dredging activities to deepen or maintain navigation channels within tidal inlets, as well as the entrances to harbors and rivers.

(Ga. L. 1967, p. 516; Ga. L. 1972, p. 1015, § 1516; Ga. L. 2002, p. 569, § 2; Ga. L. 2004, p. 784, § 1.)

Cross references. - Powers and duties of Department of Natural Resources regarding rivers, § 12-5-331 .

52-9-2. Disposal of sand and sediment originating from water navigation related projects.

1. With regard to all sand that is suitable for beach replenishment originating from the dredging of navigation channels within tidal inlets, as well as the entrances to harbors and rivers:
   1. Such sand shall be used to replenish the adjacent coastal beaches, if feasible, either by deposition of sand into the nearshore littoral zone or direct placement on affected beaches;
   2. If such sand is placed elsewhere, then a quality and quantity of sand from an alternate location necessary to mitigate any adverse effects caused by the dredging shall be used to replenish affected coastal beaches; provided, however, that this paragraph shall apply only where beach replenishment is necessary to mitigate effects from the dredging and dredged material removal from the natural river-sand transport-beach system of a specific project and beach replenishment from another source is the least costly environmentally sound mitigation option;
   3. The disposition of sand shall be completed in cooperation with and, when required by applicable state or federal law, with the approval of the local governing authority and the Department of Natural Resources according to the requirements of Part 2 of Article 4 of Chapter 5 of Title 12, the "Shore Protection Act"; and
   4. All such activities shall provide protection to coastal marshlands as defined in paragraph (3) of Code Section 12-5-282 and to nesting sea turtles and hatchlings and their habitats.
2. The Department of Natural Resources and the party undertaking the dredging shall coordinate to determine the option under subsection (a) of this Code section for beach replenishment that is most beneficial to the adjacent or affected coastal beaches, including, where applicable, identifying an alternate source of sand for purposes of paragraph (2) of subsection (a) of this Code section, after taking into consideration environmental impacts and any limitation of applicable state and federal law.

   (Ga. L. 1967, p. 516; Ga. L. 1972, p. 1015, § 1516; Ga. L. 2002, p. 569, § 2; Ga. L. 2004, p. 784, § 1; Ga. L. 2005, p. 60, § 52/HB 95.)

Cross references. - Authority of Department of Natural Resources to contract and make agreements, § 12-3-5 .

52-10-1. "Public corporation" defined.

As used in this chapter, "public corporation" means the State of Georgia or any political subdivision thereof, any public agency of this state or of any political subdivision thereof, or any public board, bureau, commission, or authority created by the General Assembly.

(Ga. L. 1965, p. 40, § 2.)

52-10-2. Application by public corporation to establish and operate foreign trade zone.

Any public corporation of the State of Georgia, as that term is defined in Code Section 52-10-1, is authorized to make application for the privilege of establishing, operating, and maintaining a foreign trade zone in accordance with an act of Congress approved June 18, 1934, entitled "An Act to provide for the establishment, operation, and maintenance of foreign trade zones in ports of entry of the United States, to expedite and encourage foreign commerce, and for other purposes."

(Ga. L. 1965, p. 40, § 1.)

U.S. Code. - The Act providing for foreign-trade zones, referred to in this Code section, is codified as 19 U.S.C. § 81a et seq.

52-10-3. Application by private corporation to establish and operate foreign trade zone.

Any private corporation hereafter organized under the laws of this state for the purpose of establishing, operating, and maintaining a foreign trade zone in accordance with the act of Congress referred to in Code Section 52-10-2 is authorized to make application for the privilege of establishing, operating, and maintaining a foreign trade zone in accordance with the said act of Congress.

(Ga. L. 1965, p. 40, § 3.)

U.S. Code. - The Act providing for foreign-trade zones, referred to in this Code section, is codified as 19 U.S.C. § 81a et seq.

Law reviews. - For article discussing advantages of foreign trade zones and limits of their availability, see 27 Mercer L. Rev. 629 (1976).

52-10-4. Authority to establish and operate foreign trade zone; conditions and restrictions of act of Congress.

Any public or private corporation authorized by this chapter to make application for the privilege of establishing, operating, and maintaining a foreign trade zone, whose application is granted pursuant to the terms of the act of Congress referred to in Code Section 52-10-2, is authorized to establish such foreign trade zone and to operate and maintain it, subject to the conditions and restrictions of said act of Congress and any amendments thereto and under such rules and regulations and for the period of time that may be prescribed by the board established by such act of Congress to carry out the provisions of such act.

(Ga. L. 1965, p. 40, § 4; Ga. L. 1984, p. 22, § 52.)

U.S. Code. - The Act providing for foreign-trade zones, referred to in this Code section, is codified as 19 U.S.C. § 81a et seq.