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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. § 45-17-7 Commissioning of nonresidents as notaries; powers and duties
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(a) Any person who is a resident of a state bordering on the State of Georgia and who carries on a business or profession in the State of Georgia or who is regularly employed in the State of Georgia may be commissioned as a notary public by the clerk of the superior court of the …
O.C.G.A. § 45-17-8 Powers and duties generally
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(a) Notaries public shall have authority to: (1) Witness or attest signature or execution of deeds and other written instruments; (2) Take acknowledgments; (3) Administer oaths and affirmations in all matters incidental to their duties as commercial officers and all other oaths a…
O.C.G.A. § 45-17-8.1 Signature and date of notarial act
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(a) Except as otherwise provided in this Code section, in documenting a notarial act, a notary public shall sign on the notarial certification, by hand in ink, only and exactly the name indicated on the notary’s commission and shall record on the notarial certification the exact …
O.C.G.A. § 45-17-8.2 Misrepresentation prohibited; required notice; posting of schedule of fees; penalties

Showing 501–550 of 673

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(a) A notary shall not make claims to have or imply he or she has powers, qualifications, rights, or privileges that the office of notary does not authorize, including the powers to counsel on immigration matters and to give legal advice. (b) A notary who is not an attorney licen…

O.C.G.A. § 45-17-9 Where notarial acts may be exercised

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Notarial acts may be exercised in any county in the state. (Orig. Code 1863, § 1450; Code 1868, § 1507; Code 1873, § 1501; Code 1882, § 1501; Civil Code 1895, § 502; Civil Code 1910, § 620; Code 1933, § 71-106; Ga. L. 1947, p. 1108, § 1; Ga. L. 1984, p. 1105, § 1.)

O.C.G.A. § 45-17-30 Commissioned officers of armed services constituted as ex officio notaries; authority generally; effect of acts generally; no seal required

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All commissioned officers of all branches of the armed services of the United States of America are constituted ex officio notaries public of this state and as such are authorized, within and outside this state and within and outside the United States of America, to administer oa…

O.C.G.A. § 45-17-31 Persons authorized to have notarial acts performed by commissioned officers

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Any person who (1) is a member of the armed forces of the United States, (2) is serving as a merchant seaman outside the limits of the United States, or (3) is outside the limits of the United States by permission, assignment, or direction of any department or official of the Uni…

O.C.G.A. § 45-17-32 Validity and effect of notarial acts

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The notarial acts authorized by Code Section 45-17-31 are declared legal, valid, and binding; and instruments, documents, oaths, affirmations, depositions, and affidavits acknowledged, authenticated, or sworn to shall be admissible in evidence and eligible to record in this state…

O.C.G.A. § 45-17-33 Sufficiency of certification generally; effect of failure to state place of execution or acknowledgment

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In the taking of acknowledgments and the performing of other notarial acts requiring certification, a certificate endorsed upon or attached to the instrument or document, which certificate shows the date of the notarial act and which states, in substance, that the person appearin…

O.C.G.A. § 45-17-34 Signature, rank, and branch of officer as proof of authority; action by officer as prima-facie evidence

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If the signature, rank, and branch of service, or subdivision thereof, of any commissioned officer provided for in Code Section 45-17-30 appears upon any instrument, document, or certificate, no further proof of the authority of such officer so to act shall be required; and such …

O.C.G.A. § 45-17-1.1 JUDICIAL DECISIONS Duty of receiving all costs due in the court are charged to superior court clerks

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Whitsett v. Hester-Bowman Enters., Inc., 94 Ga. App. 78, 93 S.E.2d 788 (1956). Clerk cannot administer attachment affidavit. Heard v. National Bank, 114 Ga. 291, 40 S.E. 266 (1901). Oaths may be administered by deputy clerk. Graves v. Warner, 26 Ga. 620 (1859); Ellis v. Ellis, 13…

O.C.G.A. § 45-18-1 Definitions

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As used in this part, the term: (1) ‘‘Board’’ means the Board of Community Health established under Chapter 2 of Title 31. (1.1) ‘‘Commissioner’’ means the commissioner of community health. (2) ‘‘Employee’’ means: (A) A person who works full time for the state and receives his co…

O.C.G.A. § 45-18-10 Right of continuation of coverage for former employees; payment of premiums; establishment of terms and conditions by board; appointment as United States attorney

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(a) Any other provision of this part to the contrary notwithstanding, on and after July 1, 1978, any employee who resigns from employment or who fails to be reelected or who does not seek reelection to office and who at the time he or she leaves office or employment has completed…

O.C.G.A. § 45-18-11 Procedure for presentation of claims and payment of benefits

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(a) Any benefits payable under the plan may be made either directly to the attending physicians, hospitals, medical groups, or others furnishing the services upon which a claim is based or to the covered employee, upon presentation of valid bills for such services, subject to suc…

O.C.G.A. § 45-18-12 Creation of health insurance fund; amounts credited to fund; special reserve; administrator and custodian of fund

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(a) There is created a health insurance fund which shall be available without fiscal year limitations for premium, subscription charge, benefits, and administration costs. The amounts withheld from employees and retired employees under this part, all amounts contributed by the st…

O.C.G.A. § 45-18-13 Deposit of amounts from health insurance fund available for investment in trust account; investment of funds; withdrawal of funds from trust account

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Any amounts held by the health insurance fund which are available for investment shall be paid over to the Office of the State Treasurer. The state treasurer shall deposit said funds in a trust account for credit only to the health insurance fund. The state treasurer shall invest…

O.C.G.A. § 45-18-14 Deductions from compensation and benefit payments of share of cost of coverage under plan of employees; payment of contributions to health insurance fund by departments, boards, and agencies of state;

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(a) During any period in which an employee is covered under this part prior to the date of his or her retirement, there shall be withheld from each salary payment or other compensation of such employee, as his or her share of the cost of coverage under this plan, such portion of …

O.C.G.A. § 45-18-15 Rules and regulations for administration of part; board to recommend to General Assembly schedule of maximum fees for hospitals and practitioners

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(a) The board shall promulgate such rules and regulations as may be required for the effective administration of this part. Such rules and regulations shall include, but not be limited to, rules and regulations establishing the conditions under which employees who originally reje…

O.C.G.A. § 45-18-16 Certification of employer payment percentage for ensuing fiscal year; provision in budgets for funds for employer payments

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Not less than 30 days prior to the commencement of the plan year, the commissioner of community health shall certify to the director or chief administrative officer of each state department, bureau, institution, board, commission, or authority having employees covered by this par…

O.C.G.A. § 45-18-17 Employees to become members of plan unless coverage rejected or waived; withdrawal from plan by persons covered by Social Security medical care

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(a) All persons who become state employees as defined in this part and who are eligible as specified in the rules and regulations of the board shall become members of this health insurance program unless the employee rejects or waives such coverage in writing. (b) Any annuitant o…

O.C.G.A. § 45-18-18 Discharge of certain debts or obligations due health insurance fund

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(a) It is the purpose of this Code section to authorize a procedure whereby the commissioner of community health may administratively discharge a debt or obligation due the health insurance fund for employees of the state when the amount is $400.00 or less and: (1) It is manifest…

O.C.G.A. § 45-18-19 Confidentiality of claim forms and records

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Claim forms and other records which would disclose the nature of the health services provided to an insured shall be maintained on a confidential basis by the health insurance plan. No person shall disclose such records or information to any other person except as necessary for t…

O.C.G.A. § 45-18-2 Authority to establish health insurance plan; rules and regulations; plan generally; coverage for retiring or retired employees

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(a) The board is authorized to establish a health insurance plan for employees of the state and to adopt and promulgate rules and regulations for its administration, subject to the limitations contained in this part. The health insurance plan may provide for group hospitalization…

O.C.G.A. § 45-18-20 Fiscal note required for bills impacting employees’ health insurance plans

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Any bill prepared by the General Assembly which would impact the state employees’ health insurance plan established under this part shall require a fiscal note in accordance with the procedures of Code Section 28-5-42. (Code 1981, § 45-18-20, enacted by Ga. L. 2006, p. 188, § 12/…

O.C.G.A. § 45-18-21 Deposit of employer and retiree contributions into the Georgia Retiree Health Benefit Fund

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Notwithstanding any other provisions of this part, the board shall deposit into the Georgia Retiree Health Benefit Fund created by Code Section 45-18-101 the individual contributions by retirees and the employer contributions respecting retirees provided for by this part. (Code 1…

O.C.G.A. § 45-18-24 Definitions

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As used in this part, the term: (1) ‘‘Actuarial accrued liability’’ means that portion, as determined by a particular actuarial cost method, of the actuarial present value of fund obligations and administrative expenses which is not provided for by future normal costs. (2) ‘‘Actu…

O.C.G.A. § 45-18-25 Creation of Georgia State Employees Post-employment Health Benefit Fund; identification and transfer of funds from Georgia Retiree Health Benefit Fund; how funds used

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(a) There is created the Georgia State Employees Post-employment Health Benefit Fund to provide for the costs of post-employment health insurance benefits. The fund shall be a trust fund of public funds; the board in its official capacity shall be the fund’s trustee; and the comm…

O.C.G.A. § 45-18-25.1 Responsibilities and procedures for fund operation; rules and regulations; employment of personnel and professionals; maintenance of records; collection of moneys; report

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(a) Responsibility for the proper operation of the fund is vested in the department. (b) The board shall adopt actuarial assumptions as it deems necessary and prudent. (c) The board may adopt any rules and regulations that it finds necessary to properly administer the fund. (d) T…

O.C.G.A. § 45-18-27 Control of fund by commissioner; obligations to be paid from fund; investment powers; prohibition against personal interest

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(a) Subject to the supervision of the board, the commissioner shall have control over the fund established by this part. The obligations provided for in this part and all administrative expenses shall be paid from the fund. The department may expend moneys from the fund for any p…

O.C.G.A. § 45-18-28 Minimum annual required contributions; employer responsibilities

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(a) The board shall annually determine the minimum annual required contributions sufficient to maintain the fund in an actuarially sound manner in accordance with Governmental Accounting Standards Board Statement No. 43 or any subsequent Governmental Accounting Standards Board st…

O.C.G.A. § 45-18-3 Design of plan

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The health insurance plan shall be designed by the board to: (1) Provide a reasonable relationship between the hospital, surgical, and medical benefits to be included and the expected distribution of expenses of each such type to be incurred by the covered employees and dependent…

O.C.G.A. § 45-18-4 Expenses not to be covered by plan

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The health insurance plan shall not include expenses incurred by or on account of an individual prior to the effective date of the plan; expenses for services received for injury or sickness due to war or any act of war, whether declared or undeclared, which war or act of war sha…

O.C.G.A. § 45-18-5 County officers and employees

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(a) The board is authorized to contract with the various counties of this state for the inclusion of the employees of any county within any health insurance plan or plans established under this part. The various counties of this state are authorized to contract with the board as …

O.C.G.A. § 45-18-5.1 Licensed blind or otherwise seriously disabled vendors

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The Georgia Vocational Rehabilitation Agency is authorized to contract with the Georgia Cooperative Services for the Blind, Inc., a nominee agent designated by the Georgia Vocational Rehabilitation Agency, for the inclusion of licensed blind persons or other persons with disabili…

O.C.G.A. § 45-18-5.2 Sheltered employment center employees

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The board is authorized to contract with public and private nonprofit sheltered employment centers which contract with or employ persons within the Georgia Vocational Rehabilitation Agency and the Department of Behavioral Health and Developmental Disabilities for the inclusion of…

O.C.G.A. § 45-18-6 Contracts to provide insurance benefits; invitation of proposals; reinsurance agreements; issuance of certificates of coverage; redetermination of contracts; self-insurance plans; contracts for admini

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(a) The board is authorized to execute a contract or contracts to provide the benefits under the plan of health insurance benefits determined upon in accordance with this part. Such contract or contracts may be executed with one or more corporations licensed to transact accident …

O.C.G.A. § 45-18-7 Retiring employees, spouses, and dependents

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The contract or contracts shall provide for health insurance for retiring state employees and their spouses and dependent children, as defined by the regulations of the board, on such terms as the board may deem appropriate; and the board may authorize the inclusion in the plan o…

O.C.G.A. § 45-18-7.1 Employees of the Georgia Development Authority

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The board is authorized to contract with the Georgia Development Authority for the inclusion in any health insurance plan or plans established under this part of the employees and retiring employees of the Georgia Development Authority and their spouses and dependent children, as…

O.C.G.A. § 45-18-7.3 Employees of Peace Officers’ Annuity and Benefit Fund, Georgia Firefighters’ Pension Fund, and Sheriffs’ Retirement Fund of Georgia, spouses, and dependent children

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The board is authorized to contract with the Peace Officers’ Annuity and Benefit Fund, Georgia Firefighters’ Pension Fund, and the Sheriffs’ Retirement Fund of Georgia for the inclusion in any health insurance plan or plans established under this part of the employees and retirin…

O.C.G.A. § 45-18-7.5 Employees of Georgia Housing and Finance Authority, spouses, and dependent children

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The board is authorized to contract with the Georgia Housing and Finance Authority for the inclusion in any health insurance plan or plans established under this part of the employees and retiring employees of the Georgia Housing and Finance Authority and their spouses and depend…

O.C.G.A. § 45-18-7.6 Employees of Georgia-Federal State Inspection Service, spouses, and dependent children

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The board is authorized to contract with the Georgia-Federal State Inspection Service for the inclusion in any health insurance plan or plans established under this part of the state employees of, retiring employees of, and employees who retired under the Employees’ Retirement Sy…

O.C.G.A. § 45-18-7.7 Employees and dependents of critical access hospitals in health plans

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(a) The board is authorized to contract with any public or nonprofit critical access hospital that meets such requirements as the department may establish for the inclusion of the employees and dependents of such critical access hospitals in any health plan established under this…

O.C.G.A. § 45-18-7.8 Employees of the Georgia Student Finance Authority

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The board is authorized to contract with the Georgia Student Finance Authority for the inclusion in any health insurance plan or plans established under this part of the employees of the Georgia Student Finance Authority and their spouses and dependent children, as defined by the…

O.C.G.A. § 45-18-8 Right of employees to secure coverage for spouse and dependents; regulations

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Upon agreeing to pay his contribution to the cost of such coverage, each employee shall be entitled to have his spouse and dependent children, as defined by the regulations of the board, included in the coverage. The board shall adopt regulations governing the discontinuance and …

O.C.G.A. § 45-18-9 Continuation of coverage for spouse or dependents of deceased employees; resumption of coverage; payment of contributions; regulating continuance, discontinuance, and resumption of coverage

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(a) At the time of death of any employee, annuitant, or other person who is the primary or principal beneficiary of said contract or contracts for health insurance and who dies on or after March 1, 1966, having at least 13 years and four months of creditable service as determined…

O.C.G.A. § 45-18-30 ‘‘Employee’’ defined

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As used in this article, the term ‘‘employee’’ means any person, whether appointed or elected, who provides services for the state, including any state authority authorized to participate in the Employees’ Retirement System of Georgia under Chapter 2 of Title 47, or for a county,…

O.C.G.A. § 45-18-31 Deferred compensation plans authorized for state, municipalities, counties, or other political subdivisions

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The state or any county, municipality, or other political subdivision may contract with any employee to defer, in whole or in part, any portion of such employee’s compensation under a deferred compensation plan; and the state, county, municipality, or other political subdivision …

O.C.G.A. § 45-18-32 Administration of plans; participation by employees of county boards of health, school systems, Lake Allatoona Preservation Authority, the Georgia Federal-State Shipping Point Inspection Service, and

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The Board of Trustees of the Employees’ Retirement System of Georgia shall administer any deferred compensation plan provided for the employees of the state. Employees of the county boards of health receiving financial assistance from the Department of Public Health may, with the…

O.C.G.A. § 45-18-33 Payments from deferred compensation funds for purchase of insurance, endowments, annuities, mutual funds, or savings from funds derived from deferral; custodian of assets of the fund

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Notwithstanding any other provision of law to the contrary, in order to carry out the provisions of the deferred compensation plan, the state or any county, municipality, or other political subdivision is authorized to make payments for the purchase of insurance, endowments, annu…

O.C.G.A. § 45-18-34 Plans not to reduce pensions or other benefits

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The deferred compensation programs authorized by this article shall exist and serve in addition to retirement, pension, or benefit systems established by the state, county, municipality, or other political subdivision; and no deferral of income under the deferred compensation pro…