Title 45 — Title 45
0 chapters · 351 sections in this title.
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…
O.C.G.A. § 45-13-1 Election
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There shall be a Secretary of State who shall be elected at the same time and in the same manner as the Governor. (Ga. L. 1872, p. 80, § 6; Code 1873, § 80; Code 1882, § 80; Civil Code 1895, § 176; Civil Code 1910, § 205; Code 1933, § 40-501.)
O.C.G.A. § 45-13-2 Bond
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Before entering on the duties of his office, the Secretary of State shall execute a bond with sufficient securities, to be approved by the Governor, in the sum of $10,000.00, conditioned for the faithful performance of all the duties of his office and all such duties as shall be …
O.C.G.A. § 45-13-20 Duties of Secretary of State generally
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The Secretary of State shall have the following duties: (1) To keep the great seal of the state, which seal was adopted August 17, 1914, and is now on deposit in the office of the Secretary of State; (2) To keep the original Acts passed by the General Assembly and all the public …
O.C.G.A. § 45-13-28 Prescription of user fees for public information services and materials
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The Secretary of State shall be authorized to prescribe by rule or regulation user fees to be charged and collected for public information services and materials, including, but not limited to, the state directory and the mail reference service; and for electrostatic copies, phot…
O.C.G.A. § 45-13-3 Office; residence
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The Secretary of State shall be provided with suitable offices in the state capital, furnished at the state’s expense. He shall reside at the capital and shall keep his office open daily except on Sundays and holidays. (Ga. L. 1861, p. 72, § 3; Code 1863, § 83; Code 1868, § 77; C…
O.C.G.A. § 45-13-4 Compensation
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The Secretary of State shall be compensated in the amount and manner provided in Code Sections 45-7-3 and 45-7-4. He shall also receive actual transportation costs while traveling by public carrier, the legal mileage rate for use of a personal automobile, and the actual cost of l…
O.C.G.A. § 45-13-40 Creation; membership; chairperson and vice chairperson; bylaws
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(a) There is created the Georgia World War I Centennial Commission. The commission shall consist of two members appointed by the Governor, two members appointed by the President of the Senate, and two members appointed by the Speaker of the House of Representatives. Each member o…
O.C.G.A. § 45-13-42 Purpose of commission
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The purpose of the Georgia World War I Centennial Commission shall be: (1) To plan, develop, and execute programs, projects, and activities to commemorate the centennial of World War I and Georgia’s role in it; (2) To encourage private organizations and local governments in Georg…
O.C.G.A. § 45-13-43 Authority to hold hearings, take testimony, and receive evidence
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The commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the commission considers appropriate to carry out its duties under this article. (Code 1981, § 45-13-43, enacted by Ga. L. 2015, p. 404, § 1/SB 203.)
O.C.G.A. § 45-13-45 Authority to enter into contracts, leases, or other agreements
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45-13-46. Sources of funding. 45-13-47. Reporting requirements.
O.C.G.A. § 45-13-46 Sources of funding
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Gifts, bequests, and devises of services or property, both real and personal, received by the commission provided under this article shall be the only source of funds to cover the costs incurred by the commission under this article. No state funds shall be appropriated for the co…
O.C.G.A. § 45-13-47 Reporting requirements
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(a) Not later than December 31, 2015, and not later than the last day of each three-month period thereafter, the commission shall submit to the General Assembly and the Governor a report on the activities and plans of the commission. (b) Not later than June 30, 2017, the commissi…
O.C.G.A. § 45-13-48 Termination
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The commission shall terminate on the date that is 30 days after the date the completion of the activities under this article honoring the centennial observation of World War I or July 28, 2019, whichever date is earlier. (Code 1981, § 45-13-48, enacted by Ga. L. 2015, p. 404, § …
O.C.G.A. § 45-13-5 Election
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Bond. Office; residence. Compensation. Speculation on purchase or sale of wild lands. Article 2 Powers and Duties Generally 45-13-20. Duties of Secretary of State generally. 45-13-21. Duty to prepare and deliver commissions, dedimus potestatems, and bonds to Governor for signatur…
O.C.G.A. § 45-13-51 Reserved and redesignated
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Editor’s notes. — Ga. L. 2013, p. 594, § 1-1/HB 287, effective July 1, 2013, redesignated former Code Section 45-13-51 as present Code Section 20-3-41.3. Ga. L. 2014, p. 866, § 45(9)/SB 340, effective April 29, 2014, part of an Act to revise, modernize, and correct the Code, rese…
O.C.G.A. § 45-13-70 Creation of commission; membership; appointment; staffing
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45-13-71. Duties and responsibilities of commission. 45-13-72. Submission of recommendations to achieve highest museum standards; designation of area as Georgia Capitol Agricultural History Museum.
O.C.G.A. § 45-13-71 Duties and responsibilities of commission
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The Capitol Art Standards Commission shall have the following duties and responsibilities: (1) To meet at such times and places as it shall determine necessary or convenient to perform its duties. The commission shall also meet on the call of the chairperson or the Governor; (2) …
O.C.G.A. § 45-13-73 Funding; acceptance of gifts and donations
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(a) The Capitol Art Standards Commission may accept federal funds granted by Congress or executive order for the purposes of this part as well as gifts and donations from individuals, private organizations, or foundations. The acceptance and use of federal funds shall not commit …
O.C.G.A. § 45-14-1 Election
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There shall be a Commissioner of Insurance who shall be elected at the same time and in the same manner as the Governor is elected. (Ga. L. 1872, p. 80, § 6; Code 1873, § 98; Code 1882, § 98; Civil Code 1895, § 203; Civil Code 1910, § 235; Code 1933, § 40-1401; Ga. L. 1986, p. 85…
O.C.G.A. § 45-14-2 Bond
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The Commissioner of Insurance shall give a bond for the sum of $20,000.00 subject to the same rules and regulations as the bond of the Secretary of State. (Laws 1843, Cobb’s 1851 Digest, p. 1034; Code 1863, § 94; Code 1868, § 92; Code 1873, § 99; Code 1882, § 99; Civil Code 393 4…
O.C.G.A. § 45-14-4 Compensation of Commissioner and office employees
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(a) The Commissioner of Insurance shall be compensated in the amount and manner provided in Code Sections 45-7-3 and 45-7-4. He shall also be reimbursed for actual transportation costs while traveling by public carrier, the legal mileage rate for use of a personal automobile, and…
O.C.G.A. § 45-14-5 Seal
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The Commissioner of Insurance, Safety Fire Commissioner, and Industrial Loan Commissioner shall have an official seal for each office of such design as he or she shall select with the approval of the Governor. (Code 1981, § 45-14-5, enacted by Ga. L. 1986, p. 855, § 25; Ga. L. 20…
O.C.G.A. § 45-15-1 Election
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There shall be an Attorney General of the state who shall be elected at the same time, for the same term, and in the same manner as the Governor. (Orig. Code 1863, § 341; Code 1868, § 402; Code 1873, § 367; Code 1882, § 367; Civil Code 1895, § 219; Civil Code 1910, § 253; Code 19…