Title 45 — Title 45
0 chapters · 351 sections in this title.
O.C.G.A. § 45-12-1 Election
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The Governor shall be elected quadrennially in the manner provided by Article V of the Constitution of Georgia and shall be installed in office by the General Assembly. The General Assembly shall be the sole judge of his election and qualifications. (Orig. Code 1863, § 1243; Code…
O.C.G.A. § 45-12-112 Duties of director of Office of Planning and Budget
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The director of the Office of Planning and Budget shall perform such duties in connection with receiving the notifications provided for in Code Section 45-12-110 as may be required by the Governor. (Ga. L. 1972, p. 411, § 3.)
O.C.G.A. § 45-12-132 Contracts exempt from subpart
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PART 3 PLANNING, DEVELOPING, AND MANAGING ENERGY RESOURCES 45-12-150 through 45-12-158 [Repealed]. PART 4 STATE PLANNING AND DEVELOPMENT 45-12-170. Office of Planning and Budget to perform planning and development function; powers and duties generally; recommendations of planned …
O.C.G.A. § 45-12-174 Development functions of office generally
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The Office of Planning and Budget, at the direction of the Governor and subject to Code Section 45-12-173, this Code section, and Code Sections 45-12-175 and 45-12-176, shall perform the following functions: (1) Prepare comprehensive, long-range recommendations for the orderly an…
O.C.G.A. § 45-12-190 Short title
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45-12-191. Legislative intent and purpose of article. 45-12-192. ‘‘Governor-elect’’ defined. 45-12-200. Legislative findings and purpose.
O.C.G.A. § 45-12-191 Legislative intent and purpose of article
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It is the purpose of this article to promote the orderly transfer of the executive power in connection with the expiration of the term of office of a Governor and the inauguration of a new Governor. The interest of the state requires that such transitions in the office of Governo…
O.C.G.A. § 45-12-194 Services and facilities to be provided to former Governor
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A succeeding Governor is authorized to provide, upon request, to each former Governor, for a period not to exceed three months from the date of the expiration of his term of office as Governor, for use in connection with winding up the affairs of his office, necessary services an…
O.C.G.A. § 45-12-195 Appropriation of funds for gubernatorial transition
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Such funds as may be necessary for carrying out the purposes of this article may be appropriated to the Governor-elect in an amount not to exceed $50,000.00 for any one gubernatorial transition. The Governor shall include in the budget transmitted to the General Assembly, for the…
O.C.G.A. § 45-12-2 Inauguration
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The ceremony of inauguration shall take place during the first week of the first session of the General Assembly after the election and on such day of that week as the General Assembly, by joint resolution, shall appoint. If the General Assembly fails to appoint the day, the inau…
O.C.G.A. § 45-12-20 Grant of commissions
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The Governor shall grant commissions to all officers, including senators and representatives in Congress, required to hold them and in all cases may, in his discretion, issue a dedimus potestatem to officers authorized to administer oaths requiring qualification of the officers-e…
O.C.G.A. § 45-12-200 Legislative findings and purpose
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Coordinated and comprehensive planning by all levels of government within the State of Georgia is of vital importance to the state and its citizens. The state has an essential public interest in promoting, developing, sustaining, and assisting coordinated and comprehensive planni…
O.C.G.A. § 45-12-201 Definitions
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As used in this article, the term: (1) ‘‘Council’’ means the Governor’s Development Council. (2) ‘‘Planning’’ means the process of determining actions which state agencies shall take. 367 45-12-201 PUBLIC OFFICERS & EMPLOYEES 45-12-204 (3) ‘‘State agency’’ means any department, a…
O.C.G.A. § 45-12-202 Governor’s Development Council created
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The Governor’s Development Council is created in the office of the Governor. (Code 1981, § 45-12-202, enacted by Ga. L. 1989, p. 1317, § 1.1.) 45-12-203. Council membership; chair; meetings.
O.C.G.A. § 45-12-203 Council membership; chair; meetings
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(a) The members of the board of directors of the Georgia Regional Transportation Authority provided by Code Section 50-32-4, upon their initial appointment and thereafter, shall constitute the membership of the council. Membership on that authority or the council shall not consti…
O.C.G.A. § 45-12-204 Powers and duties of council
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The council, at the direction of the Governor and subject to this article, shall perform the following functions: (1) Advise the Governor on the state’s economic development policy; 368 45-12-207 (2) Coordinate, supervise, and review planning by state agencies. This shall include…
O.C.G.A. § 45-12-207 Construction of article
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The provisions of this article shall not be construed so as to permit an agency to initiate, carry out, fail to perform, or otherwise take actions in any manner which is not authorized by law applicable to such agency or the subject matter. The provisions of this article shall no…
O.C.G.A. § 45-12-21 Issuance of warrants for payments from treasury
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All payments from the state treasury, unless otherwise provided, shall be made upon the warrant of the Governor, and he may withhold his approval on any account audited by the state auditor and certified by the comptroller general. The warrant shall always specify on what appropr…
O.C.G.A. § 45-12-22 Suspension of collection of taxes
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(a) Except as provided in subsection (b) of this Code section, the Governor may suspend the collection of taxes, or any part thereof, due the state until the meeting of the next General Assembly but no longer; but he or she shall not otherwise interfere with the collection of tax…
O.C.G.A. § 45-12-23 Incapacity of Commissioner of Insurance
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Whenever the Governor receives information, deemed by him to be reliable, that the Commissioner of Insurance, by reason of sickness or other providential cause, is unable to perform the duties of his office, the Governor shall call a council to be composed of himself, the Secreta…
O.C.G.A. § 45-12-25 Books of record to be maintained by Governor
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The Governor shall cause to be kept and preserved in the executive department the following books of record: (1) A journal or minute book showing all of his official acts; (2) A book of appropriations in which shall be entered a full account of all annual appropriations, setting …
O.C.G.A. § 45-12-26 Defense of action in which state has interest
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Unless otherwise specially provided for, the Governor, in his discretion, shall provide for the defense of any action instituted against the state or any action instituted against any person, the result of which is of interest to the state because of any claim inconsistent with t…
O.C.G.A. § 45-12-27 Calling out militia to execute laws
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It shall be the duty of the Governor to see that the laws of this state are executed. For this purpose he shall have the power, as commander in chief, to call out the state militia whenever, in his discretion, the due enforcement of the process of the courts shall be so resisted …
O.C.G.A. § 45-12-31 Grant of commissions
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Issuance of warrants for payments from treasury. Suspension of collection of taxes. Incapacity of Commissioner of Insurance. Proceedings upon cessation of incapacity; payment of salary of officer during period of incapacity. Books of record to be maintained by Governor. Defense o…
O.C.G.A. § 45-12-37 Editor’s notes
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Ga. L. 2012, p. 899, § 9-1(a)/HB 1176, not codified by the General Assembly, provides: “This Act shall become effective on July 1, 2012, and shall apply to offenses which occur on or after that date. Any offense occurring before July 1, 2012, shall be governed by the statute in ef…
O.C.G.A. § 45-12-39 Annual report to General Assembly on administration’s policies and goals
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(a) On or before the fifth day of each regular session of the General Assembly, it shall be the duty of the Governor to furnish a written report to each member of the General Assembly stating his administration’s policies and goals on the following subjects: (1) Intellectual deve…
O.C.G.A. § 45-12-4 Oath of office
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The Governor-elect shall, before he enters on the duties of his office, take the following oath in the presence of the General Assembly in joint session of the Senate and House of Representatives: ‘‘I do solemnly swear or affirm that I will faithfully execute the office of Govern…
O.C.G.A. § 45-12-40 Cooperation with other states on federal grants
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For the purpose of establishing and administering federal grant programs administered by the State of Georgia, the Governor or his designee is authorized to cooperate with or enter into agreements with any official of another state. The Governor or his designee is authorized to e…
O.C.G.A. § 45-12-5 Seal
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There shall be a seal of the office of the Governor. The design shall be the same as that now used and shall not be altered except by authority of the General Assembly. (Orig. Code 1863, § 79; Code 1868, § 73; Code 1873, § 78; Code 1882, § 78; Civil Code 1895, § 142; Civil Code 1…
O.C.G.A. § 45-12-50 Duty to appoint officers and fill vacancies
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The Governor shall appoint all officers and fill all vacancies unless otherwise prescribed by the Constitution and laws of this state. All appointments to discharge a public duty by the General Assembly, or by the Governor under its authority, are offices within the meaning of th…
O.C.G.A. § 45-12-51 General power to engage services of any person
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The Governor shall have the power to engage the services of any competent person for the discharge of any duty required by the laws and essential to the interests of the state or necessary, in an emergency, to preserve the property or funds of the state. (Orig. Code 1863, § 75; C…
O.C.G.A. § 45-12-53 Appointments not subject to Senate confirmation
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No appointment by the Governor shall be subject to confirmation by the Senate unless the statute under which such appointment is made requires confirmation or confirmation is otherwise required by law. (Ga. L. 1941, p. 289, § 2.)
O.C.G.A. § 45-12-55 Governor authorized to appoint attorneys as executive counsel; compensation
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The Governor shall be authorized to appoint attorneys to serve as his or her executive counsel for such periods of time as he or she deems advisable. The salaries, expenses, and all other remunerations of the attorneys appointed by the Governor as his or her executive counsel sha…
O.C.G.A. § 45-12-57 Governor’s messenger — Authority to appoint; compensation
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(a) The Governor, in his discretion, may appoint a messenger for the office of the Governor or may have that duty performed by some other state employee engaged by him under the general authority granted to him. (b) The salary of a messenger appointed by the Governor shall be $95…
O.C.G.A. § 45-12-58 Governor’s messenger — Duties
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The messenger shall perform such duties for the office of the Governor and for other state officers and such other service connected with the state business at the capitol as the Governor shall prescribe and he shall be governed by such rules and regulations as the Governor may a…
O.C.G.A. § 45-12-59 Governor’s messenger — Special messenger
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Where there is no messenger or where the duty cannot be performed by the person acting as messenger, the Governor, if necessary, may employ some person, for a reasonable compensation, to perform any service which is the duty of a messenger. (Orig. Code 1863, § 122; Code 1868, § 1…
O.C.G.A. § 45-12-6 Executive office; Governor’s residence
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The executive office of the Governor shall be in the capitol. If from any cause there is no capitol or if it is abandoned, then the executive office shall be at such place at the seat of government as the Governor may direct, and not elsewhere, unless made necessary by invasion, …
O.C.G.A. § 45-12-60 Payment of compensation of persons whose compensation not prescribed
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All persons who are employed by the Governor but for whom no compensation is prescribed shall be paid, at his discretion, out of the money appropriated therefor. If no money shall be thus appropriated and the employment shall be indispensable, he shall pay them out of any conting…
O.C.G.A. § 45-12-61 Campaign contributions and judicial appointments
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(a) As used in this Code section, the terms ‘‘campaign committee,’’ ‘‘contribution,’’ and ‘‘expenditure’’ shall have the meanings set forth in Code Section 21-5-3. (b) No person shall be eligible for appointment to fill a vacancy on the Supreme Court, the Court of Appeals, the su…
O.C.G.A. § 45-12-7 Election
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Inauguration. Entry of inauguration upon House journal; evidence of Governor’s right, title, eligibility, and qualification. Oath of office. Seal. Executive office; Governor’s residence. Resignation; vacancy due to other causes; Lieutenant Governor to take oath; procedure. 45-12-…
O.C.G.A. § 45-12-70 Short title
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This part shall be known and may be cited as the ‘‘Budget Act.’’ (Code 1933, § 40-401, enacted by Ga. L. 1962, p. 17, § 1.) 45-12-71. Definitions.
O.C.G.A. § 45-12-71 Definitions
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As used in this part, the term: (1) ‘‘Annual operating budget’’ means the operating budget for each budget unit which details the appropriations passed by the General Assembly for that budget unit. (2) ‘‘Appropriation’’ means an authorization by the General Assembly to a budget u…
O.C.G.A. § 45-12-72 Establishment of Office of Planning and Budget; general provisions
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(a) There is established in the office of the Governor the Office of Planning and Budget as a separate budget unit for the purpose of promoting economy and efficiency in the fiscal management of the state government. The Governor shall be ex officio director of the budget. (b) Th…
O.C.G.A. § 45-12-73 Powers and duties generally
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The Office of Planning and Budget, at the direction and under the control of the Governor and subject to this part, shall perform the following functions: (1) Develop and implement a process of strategic planning to establish and periodically update an overall plan for state gove…
O.C.G.A. § 45-12-74 Budget report — Preparation and submission to General Assembly
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The Governor, through the Office of Planning and Budget, shall prepare and submit a budget report to the General Assembly within five days after its organization for consideration either with or without amendments and modifications by the General Assembly. (Code 1933, § 40-405, e…
O.C.G.A. § 45-12-75 Budget report — Contents and form
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The budget report shall contain and include the following information: (1) Summary statements of the financial condition of the state, accompanied by such detailed schedules of assets and liabilities as the Governor deems desirable, which shall include, but not be limited to, the…
O.C.G.A. § 45-12-83.1 Display of state flag by agencies
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45-12-84. Review of periodic work programs and requests for allotment of funds generally. 45-12-85. Examination and investigation of periodic work programs and requests for allotment of funds. 45-12-86. Governor authorized to require state agencies to reserve specified appropriat…
O.C.G.A. § 45-12-91 Federal funds received by state continually appropriated
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All federal funds received by the state are continually appropriated in the exact amounts and for the purposes authorized and directed by the federal government in making the grant. (Code 1933, § 40-422, enacted by Ga. L. 1962, p. 17, § 1.)
O.C.G.A. § 45-12-92.1 History
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Code 1933, § 91A-4104, enacted by Ga. L. 1980, p. 1555, § 1; Ga. L. 2004, p. 148, § 2; Ga. L. 2014, p. 56, § 1/HB 1000. 48-7-164. Procedure for setoffs and notification of taxpayers; certification of debts; transfer of refunds to claimant agency; notice to taxpayers; transferred fu…