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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. § 45-12-58 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…

O.C.G.A. § 45-12-176 Preparation and maintenance of inventory of federal programs and projects; filing of plans with office

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(a) The Governor, through the Office of Planning and Budget, shall inventory and analyze the availability of all federal programs and projects involving state government and such other federal programs as may be available to local units of government and other public bodies. This…

O.C.G.A. § 45-12-177 Office to review and establish state goals and policies; Governor to prepare annual policy document reflecting state strategic plan

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(a) The Office of Planning and Budget shall have the power and duty to review and consider immediate and long-range state agency proposals, goals, and directions and to establish state-wide goals and policies. (b) The Governor, through the Office of Planning and Budget, shall pre…

O.C.G.A. § 45-12-178 Ongoing review by Governor of all programs and functions in state government

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Repealed by Ga. L. 2008, p. VO1, § 2-5, effective January 28, 2008.

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.)

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. § 45-12-75.1 Zero-base budgeting; intent; departmental priority lists

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(a) The Governor in preparing his or her budget report under Code Section 45-12-75, and budget units in preparing their budget estimates under Code Section 45-12-78, shall make use of zero-base budgeting as provided in this Code section. The requirements of this Code section shal…

O.C.G.A. § 45-12-76 Limitations on appropriations by General Assembly; supplementary appropriations

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The General Assembly shall not appropriate funds for any given fiscal year which, in aggregate, exceed a sum equal to the amount of unappropriated surplus expected to have accrued in the state treasury at the beginning of the fiscal year, together with an amount not greater than …

O.C.G.A. § 45-12-77 Requirement of emergency appropriation; manner of allocation

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In order to provide for the emergency needs of the state agencies, which needs were not ascertainable at the time of the submission of the budget report to the General Assembly or at the time of the enactment of the General Appropriations Act, the General Appropriations Act shall…

O.C.G.A. § 45-12-78 Heads of budget units to submit annual estimates; preparation and submission of budget estimates of legislative and judicial agencies; review of budget estimates by Office of Planning and Budget

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(a) The head of each budget unit, other than the General Assembly and the judiciary, shall annually submit to the Office of Planning and Budget estimates of the financial requirements of the budget unit for the next fiscal year, by the date set by the director of the Office of Pl…

O.C.G.A. § 45-12-79 Governor to examine estimates and make revisions; budget report printing and transmission to General Assembly; examination of report by Governor-elect and his designated budget representatives

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(a) The Governor shall examine the statements and estimates before their submission to the General Assembly and shall make or cause to be made such further investigations by the Office of Planning and Budget, with such hearings before him as he deems advisable, and shall direct s…

O.C.G.A. § 45-12-80 Appropriations Act to adopt financial plans; effect of annual appropriation Acts; supplementary appropriations Acts; submission of budget to Office of Planning and Budget

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(a) The financial plan for each fiscal year, as presented in the budget report, shall be adopted, with such modifications as are made by the General Assembly, by the passage of a General Appropriations Act and such revenue and other Acts as are necessary for the purpose. (b) Each…

O.C.G.A. § 45-12-81 Procedure and restriction for expenditures by state and budget units thereof

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All expenditures by the state and its budget units of moneys drawn from the state treasury shall be made under the authority of appropriations Acts, which shall be based upon a budget provided in this part; and no money shall be drawn from the treasury except by appropriation mad…

O.C.G.A. § 45-12-82 Periodic work programs to be filed; funds not to be allotted until program approved; content and form of program; amendment of program; filing of copies of program

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The Governor, through the Office of Planning and Budget, shall require each budget unit, other than those of the legislative branch and the judicial branch, to file periodic work programs with the Office of Planning and Budget at such time as the Office of Planning and Budget sha…

O.C.G.A. § 45-12-83 Requirement of filing of requests by budget units for allotment of funds; time and form of requests

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No funds may be made available for expenditure by any budget unit, other than the units of the legislative branch and the judicial branch, until such budget unit has filed a request for allotment of appropriations with the Office of Planning and Budget and the request for allotme…

O.C.G.A. § 45-12-83.1 Display of state flag by agencies

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(a) As used in this Code section, the term ‘‘agency’’ means: (1) Every state department, agency, board, bureau, commission, public corporation, and authority; (2) Every county, municipal corporation, school district, or other political subdivision of this state; (3) Every departm…

O.C.G.A. § 45-12-84 Review of periodic work programs and requests for allotment of funds generally

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(a) The Governor, through the Office of Planning and Budget, shall review the periodic work programs submitted by the budget units for conformity to the budget approved by the General Assembly. (b) The Governor, through the Office of Planning and Budget, shall review the requests…

O.C.G.A. § 45-12-85 Examination and investigation of periodic work programs and requests for allotment of funds

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(a) The Governor shall examine the periodic work programs and shall make or cause to have made such further investigations by the Office of Planning and Budget, with such hearings before the Governor as he or she deems advisable, and shall direct changes in such provisions of the…

O.C.G.A. § 45-12-86 Governor authorized to require state agencies to reserve specified appropriations for budget reductions and withhold a percentage of agency allotments to maintain spending within actual revenues

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(a) Except as otherwise provided in subsection (c) of this Code section, the Governor, during the first six months of a fiscal year period in which the current revenue estimate on which appropriations are based is expected to exceed actual revenues, is authorized to require state…

O.C.G.A. § 45-12-87 Requirement of authorization of payments and obligation; liability of persons authorizing payments or receiving payments

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No payment shall be made and no obligation shall be incurred against any appropriation unless such payment or obligation has been authorized as provided in this part. Every official authorizing payments in violation of this part, or taking part therein, and every person receiving…

O.C.G.A. § 45-12-88 Budget units to furnish information to Budgetary Responsibility Oversight Committee before instituting new programs

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Reserved. Repealed by Ga. L. 2008, p. VO1, § 2-3, effective January 28, 2008.

O.C.G.A. § 45-12-89 Appropriations not expended or obligated at end of fiscal year to lapse

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At the end of each fiscal year, the amount of each appropriation provided for in this part, except for the mandatory appropriations required by the Constitution of Georgia, remaining unexpended and not contractually obligated in writing shall lapse and cease to be available; and …

O.C.G.A. § 45-12-90 Disposition of appropriation for duties, purposes, and objects which have been transferred

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In the event that any duties, purposes, and objects for which appropriations are made shall be transferred to a budget unit other than that to which appropriated, the appropriations for such duties, purposes, and objects shall be made available, subject to this part, to such budg…

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 Fees which are not revenue measures; utilization of proceeds

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(a) The General Assembly finds and determines that certain fees imposed or authorized by law are not ‘‘revenue measures’’ within the meaning of Article VII, Section III, Paragraph II of the Constitution but only incidentally create revenue pursuant to the facilitation of another …

O.C.G.A. § 45-12-92.2 Definitions; procedures involving solid waste disposal surcharge and tire disposal fees; conditions; appropriation

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(a) As used in this Code section, the term: (1) ‘‘Base amount’’ means the amount of fee proceeds collected during the complete fiscal year which immediately precedes the fiscal year for which the new appropriation amount is determined with respect to each fee under paragraph (3) …

O.C.G.A. § 45-12-93 Revenue shortfall reserve; reservation of surplus state funds; appropriation and release of funds; limitations

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(a) There shall be a reserve of state funds known as the ‘‘Revenue Shortfall Reserve.’’ (b) The amount of all surplus in state funds existing as of the end of each fiscal year shall be reserved and added to the Revenue Shortfall Reserve. Funds in the Revenue Shortfall Reserve sha…

O.C.G.A. § 45-12-94 Striking of name of employee from requisition for allotment of funds

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Neither the Governor nor the Office of Planning and Budget shall have the power to strike arbitrarily the name of any individual employed by the state from a requisition for allotment of funds or from the budget of any budget unit, department, or agency of the state government. (…

O.C.G.A. § 45-12-95 Duty of Office of Planning and Budget to encourage state agencies to identify and implement cost-saving measures and to decentralize state government

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(a) It is the intent of the General Assembly to encourage state agencies to identify and implement cost-saving measures and to decentralize state government. (b) It is the duty of the Office of Planning and Budget to assist state agencies in identifying and implementing measures …

O.C.G.A. § 45-12-190 Short title

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This article shall be known and may be cited as ‘‘The Gubernatorial Transition Act.’’ (Ga. L. 1971, p. 769, § 1.)

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. § 45-12-192 ‘‘Governor-elect’’ defined

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As used in this article, the term ‘‘Governor-elect’’ means the apparent successful candidate for the office of Governor who is declared duly elected by the State Election Board. (Ga. L. 1971, p. 769, § 3.)