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Georgia Statutes, Title 28

Georgia/Statutes

← All Georgia coverage

Title 28

10 chapters · 130 sections in this title.

All chapters in Title 28130 Ch 5, FINANCIAL AFFAIRS58 Ch 1, GENERAL PROVISIONS19 Ch 3, ADMINISTRATIVE PERSONNEL9 Ch 4, LEGISLATIVE SERVICES9 Ch 6, INTERSTATE COOPERATION9 Ch 11, ETHICS AND EFFICIENCY IN GOVERNMENT ACT8 Ch 10, GEORGIA RAIL PASSENGER AUTHORITY OVE…7 Ch 9, CODE REVISION COMMISSION5 Ch 7, PROHIBITED LOBBYING PRACTICES3 Ch 2, APPORTIONMENT OF HOUSE OF REPRESENTA…2 Ch 121

58 sections·Filtered byTitle 28✕Ch 5✕

O.C.G.A. § 28-5-1 Introduction of bills changing compensation for state officials
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Any bill making a change in the amount of the compensation or allowances of any elected or appointed state official or department or agency head must be introduced in the General Assembly during the first ten days of any session thereof. Any such bill introduced after the tenth d…
O.C.G.A. § 28-5-2 Fiscal notes for bills changing compensation
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(a) The chairman of any committee of either house of the General Assembly shall request the state auditor to prepare and furnish a fiscal note for each bill referred to such committee which would change the compensation or allowances of any elected or appointed state official, of…
O.C.G.A. § 28-5-3 Recording of votes on bills or resolutions fixing compensation or allowances of officials
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The ‘‘ayes’’ and ‘‘nays’’ shall be recorded upon each and every vote taken by each house of the General Assembly on any bill or resolution fixing the compensation or allowances of any official except county and municipal officials. (Ga. L. 1974, p. 476, § 1.)
O.C.G.A. § 28-5-4 Consideration of general appropriations bill

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The general appropriations bill shall be referred by the Speaker to the Appropriations Committee of the House of Representatives. In the event such bill is reported out of the Appropriations Committee as ‘‘do pass by substitute’’ or ‘‘do pass as amended,’’ neither the committee o…

O.C.G.A. § 28-5-5 Budgetary Responsibility Oversight Committee; members; duties; other entities to cooperate with committee; annual report; allowances; performance audits

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Reserved. Repealed by Ga. L. 2008, p. VO1, § 2-1, effective January 28, 2008.

O.C.G.A. § 28-5-6 Powers, duties, and responsibilities of the Senate Budget and Evaluation Office and the House Budget and Research Office

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(a) The Senate is authorized to establish and provide for a Senate Budget and Evaluation Office. The House of Representatives is authorized to establish and provide for a House Budget and Research Office. (b) The director of the Senate Budget and Evaluation Office is authorized t…

O.C.G.A. § 28-5-20 Creation

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There are created a Fiscal Affairs Subcommittee of the Senate and a Fiscal Affairs Subcommittee of the House of Representatives. (Ga. L. 1966, p. 293, § 1; Ga. L. 1967, p. 722, § 1.)

O.C.G.A. § 28-5-21 Selection and term of service of members

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(a) The Fiscal Affairs Subcommittee of the Senate shall be composed of: (1) Four incumbent members of the Senate Appropriations Committee who were reelected, to be selected by the President-Elect of the Senate, if there be one, or if not, by the President of the Senate; (2) Five …

O.C.G.A. § 28-5-22 Meetings generally

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The Fiscal Affairs Subcommittee of the Senate shall meet from time to time at the call of the President of the Senate or the chairman of the Senate subcommittee; and the Fiscal Affairs Subcommittee of the House shall meet from time to time at the call of the Speaker of the House …

O.C.G.A. § 28-5-23 Review of budget requests

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The fiscal affairs subcommittee of each house shall have the authority to review the budget requests of the various departments, bureaus, boards, commissions, institutions, and other state agencies at any time; and the Office of Planning and Budget, the state auditor, and each su…

O.C.G.A. § 28-5-24 Annual report to General Assembly

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The fiscal affairs subcommittees of the Senate and the House jointly shall make an annual report to the General Assembly of matters coming to their attention, together with such recommendations to improve the efficiency in the operation and management of the various departments, …

O.C.G.A. § 28-5-25 Joint meetings to review and approve budget unit object class transfers; limitations upon transfers

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The fiscal affairs subcommittees shall meet jointly as one committee at least once each quarter, or more often, at the call of the Governor, for the purpose of reviewing and approving budget unit object class transfers recommended by the Governor. Such transfers shall not be made…

O.C.G.A. § 28-5-25.1 Approval of leases

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(a) No lease of property owned by a state authority shall become valid until and unless the lease is approved by the fiscal affairs subcommittees meeting jointly at the call of the Governor if such lease is a lease of land for the acquisition of which state funds were appropriate…

O.C.G.A. § 28-5-26 Allowances for members

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For all meetings of the subcommittees held when the General Assembly is not in session, the members of the subcommittees shall receive the expense, mileage, and travel allowances authorized by law for legislative members of interim legislative committees. The funds necessary to c…

O.C.G.A. § 28-5-27 Applicability of article to authority of Office of Planning and Budget

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This article shall not be construed to supersede or supplement the authority of the Office of Planning and Budget as set forth in Code Section 45-12-90. (Ga. L. 1967, p. 722, § 7.)

O.C.G.A. § 28-5-40 Short title

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This article shall be known and may be cited as the ‘‘Georgia Fiscal Note Act.’’ (Ga. L. 1975, p. 1568, § 1.)

O.C.G.A. § 28-5-42 Introduction of bills having significant impact upon anticipated revenues or expenditures; furnishing of fiscal notes

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(a)(1) Any bill having a significant impact on the anticipated revenue or expenditure level of any state department, bureau, board, council, committee, commission, or other state agency must be introduced no later than the twentieth day of any session. The sponsor of such legisla…

O.C.G.A. § 28-5-44 Attachment of fiscal notes to bills; reading of notes at third reading of bills; distribution of notes relating to bills prior to final votes thereon

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The fiscal notes required by this article shall be attached to the bill by the chairman of the committee to which the bill was referred and shall be read to the members of each respective house of the General Assembly at the third reading of the bill. In addition, a copy of each …

O.C.G.A. § 28-5-47 Short title

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This article shall be known and may be cited as the ‘‘State and Local Government Partnership Act of 1995.’’ (Ga. L. 1981, p. 1809, § 1; Ga. L. 1995, p. 1189, § .5.)

O.C.G.A. § 28-5-47.1 Legislative intent and purpose

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It is the intent and purpose of the General Assembly in enacting this article: (1) To strengthen the partnership between the State of Georgia and local political subdivisions; (2) To assist the General Assembly in its consideration of proposed legislation and new and revised stat…

O.C.G.A. § 28-5-48 Definitions

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As used in this article, the term: (1) ‘‘Commissioner’’ means the commissioner of community affairs. (2) ‘‘Department’’ means the Department of Community Affairs. (3) ‘‘Fiscal note’’ means a realistic statement of the estimated financial cost of implementing or complying with the…

O.C.G.A. § 28-5-48.1 Applicability to proposed laws for which full funding to affected localities has been appropriated

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This article shall not apply to any proposed bill, resolution, regulation, rule, order, or administrative law for which an appropriation, in an amount sufficient to fund the full cost of the proposal, has been made to affected local political subdivisions. (Code 1981, § 28-5-48.1…

O.C.G.A. § 28-5-49 Analysis of costs of proposed bills and joint resolutions to affected localities; filing of fiscal notes; requests by representatives of local political subdivisions for copies; waiver of requirements

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(a) The department shall conduct any analysis to determine the cost of implementation or compliance for all bills and joint resolutions introduced in the General Assembly which have a fiscal impact on local political subdivisions. Before any vote is taken in a committee of the Ho…

O.C.G.A. § 28-5-50 Filing of notes for regulations, rules, or orders; requests by local political subdivisions for copies

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Except as otherwise provided in this Code section, no regulation, rule, order, or administrative law which would have a fiscal impact which in the aggregate exceeds $5 million on local political subdivisions in this state shall be valid unless 30 days prior to its adoption by a b…

O.C.G.A. § 28-5-51 Contents of fiscal note

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A fiscal note shall contain an aggregated estimate of the fiscal impact of a bill, a joint resolution, or an administrative action on local political subdivisions for the fiscal year in which it would become effective, if enacted, and for the next two succeeding fiscal years. If …

O.C.G.A. § 28-5-52 Assistance of other departments and agencies in the preparation of fiscal notes for bills and joint resolutions; required names and signatures

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The other departments or agencies of the state government shall assist the department in the preparation of fiscal notes required by this article. Where appropriate, the commissioner shall seek the advice and assistance of local government officials or their representatives. The …

O.C.G.A. § 28-5-53 Revision of fiscal note where fiscal effect of bill or joint resolution changed by amendment; waiver of such revision; processing of revised fiscal note

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(a) A fiscal note that is attached to a bill or joint resolution shall be revised by the commissioner at each successive stage of the legislative process in which an amendment is adopted that changes the fiscal effect of the bill or joint resolution, unless this requirement is wa…

O.C.G.A. § 28-5-54 Preservation of copies of fiscal notes and waivers; availability for public inspection; publication in journals for each house of the General Assembly

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(a) A copy of each fiscal note or waiver of a fiscal note shall be retained by the commissioner and shall be reasonably available for public inspection for at least three years following its preparation. The fiscal note or waiver of a fiscal note shall be published in the journal…

O.C.G.A. § 28-5-56 Presumption as to compliance with this article

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Nothing in this article shall be construed to require any degree of formality of proof of compliance with any requirement of this article, and any enrolled bill shall be conclusively presumed to have been enacted in compliance with the requirements of this article. (Ga. L. 1981, …

O.C.G.A. § 28-5-100 Recommendations by board as to payment of compensation; procedural rules

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(a) The Claims Advisory Board shall have authority to consider and make recommendations to the General Assembly concerning payment of compensation to innocent persons who sustain injury or property damage, or both, and to dependent heirs of innocent persons killed in attempting t…

O.C.G.A. § 28-5-101 Procedure for claims for compensation

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(a) Any person who is eligible for compensation under this part must give notice thereof in accordance with Part 2 of Article 4 of this chapter in order to have such claim brought before the General Assembly for action. (b) Any such claimant shall also, prior to introduction of a…

O.C.G.A. § 28-5-102 Uniform standards for compensation

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In making its recommendation, the board shall, insofar as practicable, formulate standards for uniform application in recommending compensation, taking into consideration rates and amounts of compensation payable for injuries or property damage and death under other laws of this …

O.C.G.A. § 28-5-103 When compensation may be recommended; factors to be considered in making recommendations as to compensation

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(a) In any case in which a person is injured or sustains property damage or is killed by an incident for which compensation is authorized by this part, the board may recommend to the General Assembly payment of compensation: (1) To or for the benefit of the injured person; (2) In…

O.C.G.A. § 28-5-104 When award of compensation not to be recommended generally; limitations on amounts; action by General Assembly upon recommendations

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(a) In no event shall the board recommend that compensation be awarded to: (1) Any victim of a criminal act not provided for in Code Section 28-5-100; (2) Anyone who: (A) Is a spouse, parent, grandparent, child (natural or adopted), grandchild, brother, sister, half brother, half…

O.C.G.A. § 28-5-105 Scope of compensation

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The General Assembly may by resolution appropriate money for payment of a claim for compensation upon the recommendation of the board for: (1) Expenses actually and reasonably incurred as a result of the personal injury or death of the victim; and (2) Loss of earning power as a r…

O.C.G.A. § 28-5-106 Limitations on claims

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No resolution for the payment of compensation under this part shall be adopted unless notice of claim has been filed with the board within 18 months after the date of the personal injury or death, the claim is otherwise presented in accordance with law, and the personal injury or…

O.C.G.A. § 28-5-107 Reports on claims transmitted to the General Assembly

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The board shall prepare and transmit to the General Assembly, along with its recommendation on each claim, a report of its activities in connection therewith, including the name of the claimant, a brief description of the facts surrounding the claim, the amount of compensation re…

O.C.G.A. § 28-5-60 Creation; membership; representation of members by deputies or other designated employees

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(a) There is created the Claims Advisory Board, hereinafter called the board, to be composed of the Secretary of State, who shall be the chairman, the commissioner of human services, the commissioner of corrections, and the commissioner of transportation. Whenever the board takes…

O.C.G.A. § 28-5-60.1 ‘‘The state or any of its departments or agencies’’ defined

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As used in this article, the term ‘‘the state or any of its departments or agencies’’ includes any department, agency, bureau, or commission of state government but does not include state authorities or any county or municipal department, agency, bureau, commission, or authority.…

O.C.G.A. § 28-5-61 Employment of secretarial, investigatorial, and other help

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The chairman of the board is authorized to provide secretarial and other help necessary to administer this article and is also authorized to employ independent investigators if deemed necessary or advisable to assist the board. Such help and investigators shall be paid from funds…

O.C.G.A. § 28-5-62 Unlawful compensation

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(a) It shall be unlawful for any member of the Claims Advisory Board, any member of the General Assembly, or any state official or employee to receive any fee, money, gift, or any other thing of value, other than the regular compensation and allowances which he receives from stat…

O.C.G.A. § 28-5-63 Statement attached to checks issued for payment of claims

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The check issued to any person, firm, association, or corporation as payment for any claim pursuant to this article shall have attached thereto the following statement: ‘‘It shall be unlawful for any member of the Claims Advisory Board, any member of the General Assembly, or any …

O.C.G.A. § 28-5-80 Introduction of compensation resolutions; general requirements as to filing of notice of claim

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(a) Any resolution relative to a claim against the state or any of its departments or agencies must be introduced in the House of Representatives. No such resolution may be introduced unless a notice of claim has been filed with the board on or before the fifteenth day of Novembe…

O.C.G.A. § 28-5-81 Notice of possibility of claims to be filed by state departments and agencies; effect of filing of notice and of failure to file notice

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It shall be the duty of each state department and agency to file with the Claims Advisory Board a notice of possibility of claim covering any occurrence which would be the subject of a notice of claim as provided in Code Section 28-5-80. Such notice of possibility of claim shall …

O.C.G.A. § 28-5-82 Board hearings

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Any resolution authorized by Code Section 28-5-80 shall be referred by the Speaker of the House to the Appropriations Committee of the House; and the Clerk of the House shall transmit a certified copy of the resolution to the chairman of the Claims Advisory Board not later than t…

O.C.G.A. § 28-5-83 Investigation of claims by board; advisory recommendations

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Upon receipt of a notice of claim, the board may begin its investigation thereof; or it may wait until the supporting information provided for in Code Section 28-5-80 has been furnished. After investigation of the claim by the board, after introduction of the resolution, and afte…

O.C.G.A. § 28-5-84 Restrictions on passage of resolutions and board powers

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No resolution provided for in this part shall be passed without being presented to the board. The board is prohibited from considering any resolution unless notice of claim is filed within the time provided for in Code Section 28-5-80, unless the resolution is introduced within t…

O.C.G.A. § 28-5-85 Payment of small claims by board

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(a) When the total amount of a claim against the state is $5,000.00 or less, and the claim is not of a type excluded from a recommendation for compensation by subsection (a) of Code Section 28-5-104, the Claims Advisory Board shall be authorized to direct the state department or …

O.C.G.A. § 28-5-86 Time for filing notice of claim

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No claim or resolution for the payment of compensation under this part shall be considered by the board or the General Assembly unless notice of claim has been filed with the board within two years after the date of the event giving rise to the claim. (Code 1981, § 28-5-86, enact…

O.C.G.A. § 28-5-120 Short title

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This article shall be known and may be cited as the ‘‘Fair and Open Grants Act of 1993.’’ (Code 1981, § 28-5-120, enacted by Ga. L. 1993, p. 1914, § 20.)