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Georgia Statutes, Title 45

Georgia/Statutes

← All Georgia coverage

Title 45

25 chapters · 673 sections in this title.

All chapters in Title 45673 Ch 12, GOVERNOR98 Ch 18, EMPLOYEES’ INSURANCE AND BENEFITS PLANS57 Ch 16, CORONERS54 Ch 9, INSURING AND INDEMNIFICATION OF PUBL…50 Ch 7, SALARIES AND FEES45 Ch 8, ACCOUNTING FOR PUBLIC FUNDS34 Ch 20, PERSONNEL ADMINISTRATION34 Ch 19, LABOR PRACTICES32 Ch 17, NOTARIES PUBLIC31 Ch 4, OFFICIAL BONDS30 Ch 13, SECRETARY OF STATE29 Ch 15, ATTORNEY GENERAL29 Ch 10, CODES OF ETHICS AND CONFLICTS OF INT…25 Ch 3, OFFICIAL OATHS AND COMMISSIONS19

98 sections·Filtered byTitle 45✕Ch 12✕

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. § 45-12-2 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. § 45-12-3 Entry of inauguration upon House journal; evidence of Governor’s right, title, eligibility, and qualification
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The fact of such inauguration of the Governor shall be entered upon the journal of the House of Representatives and shall be conclusive evidence of his right and title to the office and of his eligibility and qualification. (Ga. L. 1949, p. 948, § 5.)
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…

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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. § 45-12-6 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. § 45-12-7 Resignation; vacancy due to other causes; Lieutenant Governor to take oath; procedure

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The Governor shall transmit his resignation to the General Assembly, if it is in session; and, if it is not in session, he shall transmit it to the Secretary of State, who shall on the same day notify the Lieutenant Governor. If the office becomes vacant because of death or any o…

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. § 45-12-21 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. § 45-12-24 Proceedings upon cessation of incapacity; payment of salary of officer during period of incapacity

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Whenever it shall be made to appear to the council composed of the Governor, the Secretary of State, and the Attorney General, as provided in this Code section and Code Section 45-12-23 or a majority thereof, that the incapacity of the Commissioner of Insurance has been overcome …

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. § 45-12-28 Calling out militia for defense of state in case of invasion or insurrection

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In case of invasion or insurrection, the Governor may call out the state militia for the defense of the state until such time as the General Assembly shall meet; and, when he takes such action, he shall have power to make all necessary provision for their transportation, accommod…

O.C.G.A. § 45-12-29 Powers to prevent violence and maintain order — General authority

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The Governor is authorized to perform any action which, in his discretion, is necessary to prevent overt threats of violence or acts of violence to the personal property of citizens of the state and to maintain peace, tranquility, and good order in the state or in any area or pol…

O.C.G.A. § 45-12-31 Powers to prevent violence and maintain order — Filing of proclamation; powers of Governor over civil and military officials generally

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Upon the issuance of a proclamation as provided for in Code Section 45-12-30, the Governor shall immediately file the same in the office of the Secretary of State for recording. The proclamation shall be effective upon issuance and shall remain in full force and effect until revo…

O.C.G.A. § 45-12-32 Powers to prevent violence and maintain order — Promulgation and enforcement of emergency rules and regulations

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The Governor is authorized to promulgate and enforce such emergency rules and regulations as are necessary to prevent, control, or quell violence, threatened or actual, during any emergency lawfully declared by him to exist. In order to protect the public welfare, to protect the …

O.C.G.A. § 45-12-33 Powers to prevent violence and maintain order — Publishing and posting of emergency rules and regulations

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Whenever the Governor shall promulgate emergency rules and regulations, such rules and regulations shall be published and posted during the emergency in the area affected; and copies of the rules shall be filed with the Secretary of State and shall be a part of the public record.…

O.C.G.A. § 45-12-34 Powers to prevent violence and maintain order — Enforcement of rules and regulations

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The Governor shall have emergency power to call upon the military forces of the state or any other state or county law enforcement agency to enforce the rules and regulations authorized by Code Sections 45-12-29 through 45-12-33. (Ga. L. 1957, p. 44, § 5.)

O.C.G.A. § 45-12-35 Reward for detection or apprehension of perpetrators of felonies or cattle, horse, or swine thieves

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(a) For the purposes of this Code section, the term ‘‘conviction’’ means a final judgment of conviction entered upon a verdict of guilty or upon a plea of guilty. Such judgment shall be deemed to be a final judgment when the remittitur from the appellate court of this state affir…

O.C.G.A. § 45-12-36 Reward for information leading to identification, apprehension, and conviction of persons who cause the death of a law enforcement officer

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(a) For the purposes of this Code section, ‘‘conviction’’ means a final judgment of conviction entered upon a verdict of guilty or upon a plea of guilty. Such judgment shall be deemed to be a final judgment when the remittitur from the appellate court of this state affirming the …

O.C.G.A. § 45-12-37 Reward for information leading to arrest and conviction of person selling dangerous or narcotic drugs generally; rewards by counties and municipalities

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(a) For the purposes of this Code section, ‘‘conviction’’ means a final judgment of conviction entered upon a verdict of guilty or upon a plea of guilty. Such judgment shall be deemed to be a final judgment when the remittitur from the appellate court of this state affirming the …

O.C.G.A. § 45-12-38 Temporary transfer of institution between departments or agencies authorized; special report to General Assembly

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(a) At any time during the interim period between regular sessions of the General Assembly, the Governor may make a temporary transfer of any penal, correctional, educational, or eleemosynary institution of this state from one department or agency of state government to another w…

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. § 45-12-40 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. § 45-12-50 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. § 45-12-52 Filling of vacancies when advice and consent of Senate required; interim appointment

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(a) In case of a vacancy from any cause in any office, the full term of which, by the Constitution of Georgia, is to be filled by the Governor with the advice and consent of the Senate, the Governor shall appoint and commission some qualified person to fill the vacancy until the …

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. § 45-12-54 Appointments to boards, commissions, and bureaus subject to Senate confirmation

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All appointments made by the Governor to boards, commissions, and bureaus created and established by the laws of this state shall be made subject to confirmation by the Senate. It shall be the duty of the Governor to submit to the Senate the names of all such appointees appointed…

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. § 45-12-56 Appointment of secretaries and clerical personnel; compensation

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The Governor shall have power to appoint his own secretaries and to provide such other clerical personnel as may be required in his office. The salaries and compensation of secretaries and clerical personnel so appointed shall be paid from funds appropriated for such purposes. (C…

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. § 45-12-60 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. § 45-12-110 Notification of intention to apply for federal assistance; adoption and promulgation of rules and regulations and forms

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(a) Any state department, board, bureau, commission, authority, or other state agency, except the Board of Regents of the University System of Georgia and its employees, intending to apply for any new program of federal assistance under any federal program shall notify the House …

O.C.G.A. § 45-12-111 Legislative budget analyst to analyze impact of proposed federal assistance project; forwarding of copy of analysis to General Assembly members

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As soon as practicable after receiving a notification provided for in Code Section 45-12-110, it shall be the duty of the legislative budget analyst to analyze the short-term and long-term impact the proposed federal assistance project would have on state budgetary and fiscal mat…

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. § 45-12-130 State contracts over $5,000.00 voidable without certain approval

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Any contract, contractual obligation, contractual undertaking, contractual arrangement, or agreement by which the state or any of its departments, boards, bureaus, commissions, authorities, or other agencies is obligated to, or may become obligated to, expend more than $5,000.00 …

O.C.G.A. § 45-12-131 Office of Planning and Budget to review and approve contracts; exempting of contracts

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The Office of Planning and Budget shall review and, if such contract is authorized by the appropriations Act, approve all contracts provided for by Code Section 45-12-130 and not otherwise approved by the Department of Administrative Services or the State Properties Commission. T…

O.C.G.A. § 45-12-132 Contracts exempt from subpart

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The following contracts are exempt from this subpart: (1) Contracts approved by the Department of Transportation, the State Board of Education, the State Board of the Technical College System of Georgia, or the Board of Regents of the University System of Georgia; (2) Constructio…

O.C.G.A. § 45-12-171 Office to be principal state agency for coordinating development, demographic data, statistical coordination, and federal programs; applications for and receipt of financial assistance

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(a) The Office of Planning and Budget shall be: (1) The principal state agency for coordinating planning and programming for comprehensive development; (2) The state agency responsible for preparing, maintaining, and furnishing official demographic data for the state; and (3) The…

O.C.G.A. § 45-12-172 Office to review and comment on proposed development programs and serve as liaison with levels of government

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The Office of Planning and Budget shall be responsible, directly or in cooperation with other agencies, for planning the following activities: (1) Reviewing and commenting upon the interrelationship with state planning of all applications for federal financial assistance by units…

O.C.G.A. § 45-12-173 Office to promote state development; duties of Governor; employment of personnel; furnishing of advice and assistance by other state officials

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(a) The Office of Planning and Budget shall perform the function of promoting the orderly growth and development of the state through the proper planning and programming of the affairs of state government. The Governor shall be ex officio director of state planning. (b) The Gover…

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. § 45-12-175 Preparation of long-range development plans by office; designation of planning officer or representative by departments, agencies, or institutions

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(a) The Governor, through the Office of Planning and Budget, shall have in continuous process and revision a strategic plan for the state as a whole. This plan shall be updated at least on an annual basis and shall cover a minimum period of time as determined by the Office of Pla…