Title 45 — Title 45
0 chapters · 351 sections in this title.
O.C.G.A. § 45-9-72 Establishment of indemnification program
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(a) There is established a program to provide for indemnification with respect to the death or permanent disability of any public school teacher or public school employee who is killed or permanently disabled by an act of violence in the line of duty on or after July 1, 2001. (b)…
O.C.G.A. § 45-9-75 Insurance or contracts of indemnity; actions against insurers or indemnitors
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Defense of civil, criminal, or quasi-criminal actions in lieu of insurance. Payment of claims or judgment Indemnification of public officers or officials subjected to liability; opinion of Attorney General or Governor that liability not breach of duty. Benefit derived under artic…
O.C.G.A. § 45-9-79 Insufficient funds; procedure for making payments
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If the moneys provided by this article are not sufficient at any time to enable the commission to pay each person his or her benefits in full under this article, then those persons entitled to benefits whose claims were filed in the same fiscal year shall be paid an equal amount,…
O.C.G.A. § 45-9-79.1 Application for indemnification
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(a) An application for indemnification with respect to a claim filed under this article for permanent disability of a public school teacher or public school employee shall be submitted by that person unless the 209 45-9-79.1 PUBLIC OFFICERS & EMPLOYEES 45-9-79.4 person is mentall…
O.C.G.A. § 45-9-79.2 Indemnification not taxable
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It is the intent of the General Assembly that indemnification paid pursuant to this article shall not be taxable within this state for any purpose. (Code 1981, § 45-9-79.2, enacted by Ga. L. 2000, p. 768, § 2.)
O.C.G.A. § 45-9-79.4 Annual report to General Assembly
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45-9-79.5. Giving false information or testimony; liability to state. Article 5 Law Enforcement Officers, Firemen, Prison Guards, and Publicly Employed Emergency Medical Technicians Sec. 45-9-84.2. Georgia State Indemnification Fund — Authorization for appropriation of moneys to …
O.C.G.A. § 45-9-80 Purpose of part
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Reserved. Repealed by Ga. L. 2008, p. 470, § 1, effective July 1, 2008.
O.C.G.A. § 45-9-81 Definitions
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As used in this part, the term: (1) ‘‘Commission’’ means the Georgia State Indemnification Commission. (2) ‘‘Department’’ means the Department of Administrative Services. (3) ‘‘Emergency management rescue specialist’’ means any person licensed as an emergency management rescue sp…
O.C.G.A. § 45-9-82 Establishment of indemnification program
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(a) There is established a program to provide for indemnification with respect to the: (1) Death of any law enforcement officer, firefighter, or prison guard who is or has been killed in the line of duty subsequent to January 1, 1973; (2) Permanent disability of any law enforceme…
O.C.G.A. § 45-9-86 Application for indemnification
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(a) An application for indemnification with respect to a claim for total permanent disability or partial permanent disability of a law enforcement officer, firefighter, prison guard, emergency medical technician, emergency management rescue specialist, or state highway employee s…
O.C.G.A. § 45-9-87 Indemnification not taxable
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It is the intent of the General Assembly that indemnification paid pursuant to this part shall not be taxable within this state for any purpose. (Ga. L. 1980, p. 1343, § 1; Ga. L. 2000, p. 283, § 1; Code 1981, § 45-9-87, as redesignated by Ga. L. 2008, p. 470, § 1/SB 254.) Editor…
O.C.G.A. § 45-9-89 Annual report to General Assembly
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The commission shall annually file a report of its activities with the General Assembly, which report shall include the amount of funds paid under the program of indemnification. It shall also include a copy of each order providing for payment or a summary of each such order givi…
O.C.G.A. § 45-9-90 Giving false information or testimony
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(a) Any person who shall knowingly give false information or false testimony causing or intended to cause the payment of indemnification 225 45-9-90 PUBLIC OFFICERS & EMPLOYEES 45-9-100 which would not otherwise be justified under this part shall be guilty of a misdemeanor. (b) A…
O.C.G.A. § 45-9-91 Redesignated
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Editor’s notes. — Ga. L. 2008, p. 470, § 1, effective July 1, 2008, redesignated former Code Section 45-9-91 as present Code Section 45-9-90. PART 2 TEMPORARY DISABILITY COMPENSATION PROGRAM Editor’s notes. — Ga. L. 2000, p. 283, § 3, not codified by the General Assembly, provide…
O.C.G.A. § 45-10-2 Secretary of State to print and distribute code of ethics
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(a) The Secretary of State is authorized and directed to have the code of ethics for government service established in Code Section 45-10-1 printed upon an appropriately designed card which would be suitable for framing and exhibiting to the public and employees of the state and …
O.C.G.A. § 45-10-20 Definitions
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As used in this part, the term: (1) ‘‘Agency’’ means any agency, authority, department, board, bureau, commission, committee, office, or instrumentality of the State of Georgia but shall not mean a political subdivision of the State of Georgia. (2) ‘‘Business’’ means any corporat…
O.C.G.A. § 45-10-21 Legislative purposes and intent
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(a) It is essential to the proper operation of democratic government that public officials be independent and impartial, that governmental decisions and policy be made in the proper channels of the governmental structure, that public office not be used for private gain other than…
O.C.G.A. § 45-10-40 Contracting with state institutions not allowed; exceptions
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No member of the Board of Regents of the University System of Georgia or of the Board of Human Services, no trustee or other officer of any institution which is wholly or in part supported by state funds, and no partnership of which such person is a member shall make any contract…
O.C.G.A. § 45-10-42 Contracting with state institutions not allowed; exceptions
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Penalty for profiting from contracts with state institutions generally; discharge from office. Reporters for State Board of Workers’ Compensation may sell transcripts to state agencies. PART 3 CONTRACTS OF COUNTY COMMISSIONERS WITH COUNTY 45-10-60. 236 Requirements for sales of r…
O.C.G.A. § 45-10-5 Authority to enact rules and regulations
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No member of any board, commission, or authority created by general statute shall enact any rules or regulations or publicize such as being general laws and such rules and regulations shall in no way have the effect of law. (Ga. L. 1976, p. 344, § 2.)
O.C.G.A. § 45-10-90 Definitions
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As used in this part, the term: (1) ‘‘Abuse of official power’’ means threatening to use the powers or personnel of a state entity for personal purposes of coercion, retaliation, or punishment. (2) ‘‘Clerical officer’’ means the Clerk of the House of Representatives or the Secret…
O.C.G.A. § 45-10-91 Method of addressing improper conduct
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(a) Any person may file a complaint with the clerical officer of the appropriate chamber alleging improper conduct involving a member of the General Assembly. Any employee may file a complaint with the clerical officer of the appropriate chamber alleging sexual harassment by a me…
O.C.G.A. § 45-11-2 Selling office or dividing fees
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If any person who has been elected to any office shall sell or farm out said office; or if any person shall purchase or agree to give any money or other thing of value to a person elected for the privilege of exercising the duties of said office; or if any person shall promise or…
O.C.G.A. § 45-11-3 Assault under color of office
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Any officer of this state who shall assault or beat any individual under color of his office or commission without a lawful justification to do so shall be guilty of a misdemeanor. (Laws 1833, Cobb’s 1851 Digest, p. 806; Code 1863, § 4371; Code 1868, § 4409; Code 1873, § 4477; Co…
O.C.G.A. § 45-11-4 Unprofessional conduct; misdemeanor; applicability
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(a) As used in this Code section, the term: (1) ‘‘County officer’’ means any elected county officer, including the judge of the probate court, clerk of the superior court, tax receiver, tax collector, and tax commissioner where such office has replaced the tax receiver and tax co…
O.C.G.A. § 45-11-5 Extortion generally
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(a) As used in this Code section, the term ‘‘extortion’’ means an unlawful taking by a public officer, under color of his office, from any person of any money or thing of value that is not due to him or more than is due to him. (b) Any public officer who shall by himself, his dep…
O.C.G.A. § 45-11-6 Demanding more than legal fees for advertising
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Any judge of the probate court, sheriff, coroner, clerk, marshal, or other officer who shall receive, collect, or demand other and greater fees for any legal advertising than are provided by law shall be guilty of extortion as defined in Code Section 45-11-5 and shall be punished…
O.C.G.A. § 45-11-7 Retaining compensation for legal advertisements
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If any officer shall directly or indirectly demand or retain as a commission any part of the compensation allowed by law to publishers for publishing legal advertisements, he shall be guilty of extortion as defined in Code Section 45-11-5 and shall be punished as provided in that…
O.C.G.A. § 45-11-8 Engaging in bail bond business
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(a) It shall be unlawful for any elected official, officer of the court, law enforcement officer, or attorney in this state to engage either directly or indirectly in the bail bond business. For purposes of this Code section, ‘‘elected official’’ shall not include a person who is…
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…