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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

673 sections·Filtered byTitle 45✕

O.C.G.A. § 45-8-13 Deposit of funds in banks or depositories — Deposit of securities by banks or depositories; contract as to interest or compensation
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(a) Any depository in this state is authorized to give such bond or to secure deposits of public funds by deposits of securities, whether the securities are owned by the depository into which the public funds are deposited or are owned by another bank, and the proper authorities …
O.C.G.A. § 45-8-13.1 Depositories using pooled method of securing deposits of public funds; qualifications; rights and responsibilities of state treasurer; establishing policies and procedures
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(a) Only depositories which have met the qualifications imposed by this Code section may use a pooled method. If a depository elects a pooled method, it shall notify the state treasurer in writing of its desire to utilize a pooled method and the proposed effective date thereof an…
O.C.G.A. § 45-8-14 Depositories for county and school district moneys
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The governing authority of each county shall designate one or more solvent banks, insured federal savings and loan associations, or insured state chartered building and loan associations as depositories of all county moneys. The board of education of each county school district a…
Deposit of funds in banks or depositories — Lien in favor of public body on bank assets; deposit as trust fund

Showing 151–200 of 673

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O.C.G.A. § 45-8-15

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Upon any deposit of public funds being made in any bank, whether designated as a depository or not, there shall arise in favor of the public body to which such fund belongs a lien on all the assets of said bank, superior to all other liens, for the amount of such funds. Upon bein…

O.C.G.A. § 45-8-16 Deposit of funds in banks or depositories — Deposits showing officer’s official title deemed public funds

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Money of any public body deposited in any bank by any collecting officer or officer to hold public funds, though deposited in his own name, shall, if the account stands in his name in his official capacity or is marked with words or abbreviations showing his official title or if …

O.C.G.A. § 45-8-17 Deposit of funds in banks or depositories — Liability

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No proper authority, including the state treasurer, nor any member of a board or tribunal constituting such a proper authority shall, where acting in good faith, incur any liability by reason of designating any depository, permitting deposits of public funds to be collateralized …

O.C.G.A. § 45-8-18 Investment of surplus funds in war bonds or other obligations by treasurer of governmental entity

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(a) The treasurer of any municipality or county or board of trustees of any independent school district may invest any surplus funds in his hands, or any special funds held or being accumulated for any special purpose, or any funds on hand not required for the operation of the mu…

O.C.G.A. § 45-8-19 Jurisdiction to cite defaulting officers, depositories, or sureties for accounting and to issue execution

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Jurisdiction to cite defaulting collecting officers, officers to hold public funds, depositories, or the sureties on their bonds for an accounting and to issue executions against them is conferred and vested as follows: (1) As to state officials and their sureties, assistants, an…

O.C.G.A. § 45-8-2 Bonds — Requirement of officers holding state funds; requirement of additional bond or security; declaring office vacant upon failure to give additional security; reduction of bonds; substitution of n

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(a) The state authorities shall require all collecting officers and all officers to hold public funds, so far as relates to moneys or revenues of the state, to give bond, on or before entering on the duties of their office, appointment, or employment, with good security for the f…

O.C.G.A. § 45-8-20 Citation of officer, bank, or depository to show cause; service of notice

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If it shall become known to the official or authority having jurisdiction to cite for accounting that a collecting officer or officer to hold public funds has been guilty of any default or breach of duty as to any tax, revenue, or public funds; or that any bank or depository in w…

O.C.G.A. § 45-8-21 Right to appear at hearing

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Any citizen or taxpayer or any public body interested in the fund in question may appear and be heard before the official or authority at the time and place of hearing. (Ga. L. 1933, p. 78, § 9b; Code 1933, § 89-819.)

O.C.G.A. § 45-8-22 Cited official, bank, or depository to file statement of accounts; preparation of statement by citing official or authority; entry of judgment or order in nature of judgment; settling accounts

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At the time and place fixed for the hearing or at an adjournment or continuance thereof, the officer, bank, or depository cited shall file under oath a statement of accounts. If such officer, bank, or depository shall fail to submit such a statement, the citing official or county…

O.C.G.A. § 45-8-23 Authority to issue subpoenas; punishment for contempt for refusal to obey

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Authority is conferred upon the official or county or municipal authority having jurisdiction in the matter to issue subpoenas and to compel the attendance of witnesses and production of books and documents on behalf of any party. If any person shall disobey any such subpoena or …

O.C.G.A. § 45-8-24 Joinder of parties in proceedings for accounting; power of authorities to determine liability

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In any proceeding for accounting under this chapter, there may be joined originally or by amendment, either before or after appeal, all such officers, depositories, banks, and securities on bonds of any of them as shall be necessary or proper for the full determination of any mat…

O.C.G.A. § 45-8-25 Issuance of execution against defaulting officer, bank, depository, or surety; enforcement; proceedings to arrest enforcement; burden of proof at trial; parties; effect of admission of correctness by

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The official or county or municipal authority having jurisdiction to cite for accounting may, without issuing or serving a citation or notice, issue or cause to be issued an execution against any defaulting collecting officer, officer to hold public funds, or any bank or deposito…

O.C.G.A. § 45-8-26 Action by bond obligee before citation or execution

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Nothing in this chapter shall be construed as preventing the obligee in any bond of any collecting officer, officer to hold public funds, or any bank or depository in which public funds have been deposited from maintaining an action at law or in equity thereon when the official o…

O.C.G.A. § 45-8-27 Procedure for accounting when officer succeeds himself

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When any officer to whom this chapter relates shall succeed himself in office or has been elected to succeed himself in office or has been elected to succeed himself in a subsequent term, such officer or the surety on his bond either for the current term or for the term which has…

O.C.G.A. § 45-8-28 Personal representative of insane or deceased officer as party to proceedings

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Whenever any of the officers with whom this chapter deals becomes non compos mentis or dies, the guardian or personal representative of such insane or deceased officer shall be a sufficient party to any proceeding in this chapter, in lieu of such insane or deceased officer. (Ga. …

O.C.G.A. § 45-8-29 Effect of judgment or execution as lien; transfer of judgment or execution; enforcement by transferee; effect of sale or transfer of assets by bank to innocent purchaser for value

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Any judgment or execution issued in pursuance of this chapter or in any action against the principal or surety upon any bond of any of the officers, banks, or depositories dealt with in this chapter shall have the effect of preserving and shall be a means of enforcing the liens c…

O.C.G.A. § 45-8-3 Bonds — Requirement of officers holding other than state funds; increase, reduction, or discharge of bonds

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All municipality or county authorities and all other proper authorities shall, as to collecting officers and officers to hold public funds other than those dealt with in Code Section 45-8-2, have the jurisdiction and authority to require bonds of such officers, of the same kind a…

O.C.G.A. § 45-8-30 Release of property of county officers from state lien — Authorization

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The judge of the probate court, sitting for county purposes, or the board of county commissioners, or such other county governing authority in this state has the discretionary power and authority to release a given portion of the property of a municipal or county treasurer, tax c…

O.C.G.A. § 45-8-31 Release of property of county officers from state lien — Procedure generally

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The officer desiring the release of a portion of his property shall file a petition in writing with the governing authority of the municipality or county in which he functions. The petition shall describe the property sought to be released and the reasons of the applicant for des…

O.C.G.A. § 45-8-32 Release of property of county officers from state lien — Deadline to consummate proposed sale or loan

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In the event the release is granted, it is not incumbent upon the person named in the application as the purchaser or lender on the security of the property in question to inquire into the merits of the application; but the proposed sale or loan must be consummated within 60 days…

O.C.G.A. § 45-8-33 Effect of chapter upon liability of officers to private persons

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This chapter is not intended to affect any liability which any of the officers to whom this chapter is applicable may incur to any private person. (Ga. L. 1933, p. 78, § 17; Code 1933, § 89-803.) CHAPTER 9 INSURING AND INDEMNIFICATION OF PUBLIC OFFICERS AND EMPLOYEES Sec. Article…

O.C.G.A. § 45-8-4 Bonds — Declaring office vacant upon officer’s failure to give additional security

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If any such officer is required to give additional bond or security pursuant to Code Section 45-8-3 and fails to do so within the time required, the proper authority shall: (1) Declare the office vacant, if such proper authority has the power of removal over such office; or (2) I…

O.C.G.A. § 45-8-5 Bonds — Fixing of amount and approval

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The amount of the bonds of collecting officers and officers to hold public funds shall be in the amount fixed by the proper authority, unless the amount is fixed by existing general laws, and shall be approved by the proper authority and filed as required by law. Except as otherw…

O.C.G.A. § 45-8-6 Bonds — Liability of new or additional bond for defaults occurring prior to and subsequent to effective date

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Where any collecting officer, officer to hold public funds, bank, or depository gives an additional bond or adds new security during his term, the bond in force at the time and securities thereon shall be liable for defaults occurring prior to the time the additional bond or secu…

O.C.G.A. § 45-8-7 Bonds — Interest against principal and surety upon breach of bond; additional penalty for bad faith; attorneys’ fees

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Upon breaches of the bond of any officer, bank, or depository, interest shall run against the principal on the bond at the rate of 7 percent per annum from the date of the breach and against the surety at the same rate from the date of the demand on the surety. If the breach shal…

O.C.G.A. § 45-8-8 Bonds — When principal and surety not liable

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(a) Neither the principal nor the surety on any bond of any collecting officer or any officer to hold public funds shall be liable for the failure of such officer to account for any public money coming into his hands which he shall have deposited in any designated depository or, …

O.C.G.A. § 45-8-9 Bonds — Limitation of actions on bonds

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No action on the bond of any collecting officer, officer to hold public funds, bank, or depository shall be maintained unless the action or proceeding is begun within six years from the date the alleged cause of action accrued; nor shall any action be maintained against any suret…

O.C.G.A. § 45-9-1 General provisions

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(a) In addition to any other compensation which may be paid to an officer, official, or employee of any agency, board, bureau, commission, department, or authority of the executive, judicial, or legislative branch of government of this state, each such agency, board, bureau, comm…

O.C.G.A. § 45-9-2 Members of organized militia serving on state active duty

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Members of the organized militia who are serving on state active duty upon orders of the Governor may be provided protection against personal liability for damages sustained by third parties and arising out of the performance of such members’ duties while serving on state active …

O.C.G.A. § 45-9-3 Insurance and other protections afforded personnel employed by district attorney

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Personnel employed by the district attorneys of the state, irrespective of the source of the funds used to pay such personnel, may be covered by any liability insurance policy or contract of indemnity, reimbursement, or other like or similar programs administered by the commissio…

O.C.G.A. § 45-9-4 Purchase of insurance or indemnity contracts; self-insurance program; Hazardous Materials Liability Reserve Fund; insurer insolvency; Liability coverage to nonprofit agencies and employees contracting

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(a) When the commissioner of administrative services determines that an adequate number of agencies, boards, bureaus, commissions, departments, or authorities of this state have requested the commissioner to do so, the commissioner shall have the authority to purchase policies of…

O.C.G.A. § 45-9-4.1 Participation in self-insurance by Georgia Correctional Industries Administration; extension of coverage to officers, officials, and employees

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The Georgia Correctional Industries Administration, as a body corporate and politic, and as an instrumentality and public corporation of this state, may, at its discretion, participate in any program of self-insurance administered by the commissioner of administrative services pu…

O.C.G.A. § 45-9-4.2 Liability coverage for nonprofit agencies providing services to the developmentally disabled

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(a) For the purposes of this Code section, the term ‘‘nonprofit agency’’ means a nonprofit or charitable organization, association, corporation, partnership, or other entity registered pursuant to Section 501(c)(3) of the Internal Revenue Code. (b) Nonprofit agencies and their em…

O.C.G.A. § 45-9-5 Article not waiver of immunity from action or provision of liability insurance protection

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Nothing in this article shall constitute a waiver of the immunity of the state from any action. The exercise of authority provided in this article shall not constitute the provision of liability insurance protection under Article I, Section II, Paragraph IX of the Constitution. (…

O.C.G.A. § 45-9-20 Insurance or contracts of indemnity; actions against insurers or indemnitors

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In addition to any other compensation which may be paid to members of the governing bodies of municipalities, counties, and other public bodies, and to supervisors, administrators, employees, or other elected or appointed public officers, each municipality, county, and other publ…

O.C.G.A. § 45-9-21 Defense of civil, criminal, or quasi-criminal actions in lieu of insurance

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(a) In lieu of obtaining the insurance or indemnity referred to in Code Section 45-9-20 or in addition thereto, such municipalities, counties, and other public bodies may, in their discretion, as a part of the compensation and terms of employment of members of the governing bodie…

O.C.G.A. § 45-9-22 Payment of claims or judgment against members of municipal, county, or other public body

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(a) Any municipality, county, or other public body may, in its discretion, adopt a policy establishing the terms and conditions under which it may pay part or all of any claim or civil judgment rendered against any person whose defense such municipality, county, or other public b…

O.C.G.A. § 45-9-23 Waiver of immunity from action

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Nothing in this article shall be construed as waiving any immunity or privilege of any kind now or hereafter enjoyed by any municipality, county, or other public body or by any member of the governing body thereof or by any supervisor, administrator, employee, or other elected or…

O.C.G.A. § 45-9-60 Indemnification of public officers or officials subjected to liability; opinion of Attorney General or Governor that liability not breach of duty

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In the event that a public officer or official has a money judgment returned against him in an action or is otherwise subjected to monetary liability by an aggrieved party, by his bond carrier, or both as a result of an act of omission or commission of a subordinate employee of t…

O.C.G.A. § 45-9-61 Benefit derived under article declared to be compensation

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Any benefit occasioned by a public officer or official by virtue of this article is declared to be and is a portion of the compensation due the public officer or official for the services rendered to the state. (Ga. L. 1975, p. 674, § 3.)

O.C.G.A. § 45-9-62 Applicability of article

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This article shall apply to: (1) All public officers and officials of this state who hold state-wide offices and who are required by law to be bonded; and (2) Alleged acts of omission or commission which occurred prior to July 1, 1976. (Ga. L. 1975, p. 674, §§ 1, 4.) ARTICLE 4A I…

O.C.G.A. § 45-9-70 Purpose of article

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The purpose of this article is to provide by law for the indemnification with respect to the death or permanent disability of public school teachers and public school employees who are killed or permanently disabled by an act of violence in the line of duty on or after July 1, 20…

O.C.G.A. § 45-9-71 Definitions

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As used in this article, the term: (1) ‘‘Act of violence’’ means a willful act of violence committed by a person other than a fellow public school teacher or public school employee. (2) ‘‘Commission’’ means the Georgia Public School Personnel Indemnification Commission. (3) ‘‘In …

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. § 45-9-73 Indemnification commission created; composition; assignment to Department of Administrative Services for administrative purposes

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There is created the Georgia Public School Personnel Indemnification Commission which shall be composed of the Governor, the State School Superintendent, the Secretary of State, the Commissioner of Insurance, the chairperson of the State Board of Education, the commissioner of pu…

O.C.G.A. § 45-9-74 Commission to promulgate rules and regulations; use of personnel and resources of other agencies

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The commission is authorized to promulgate rules and regulations relative to the program of indemnification. Such rules and regulations may provide for initial investigation of claims and the issuance of subpoenas to facilitate such investigation, special masters, hearings, proce…

O.C.G.A. § 45-9-75 Georgia Public School Personnel Indemnification Fund — Creation; general provisions

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There is created a fund to be known as the Georgia Public School Personnel Indemnification Fund. The custodian of the Georgia Public School Personnel Indemnification Fund shall be the Department of Administrative Services. The Department of Administrative Services shall administe…