Georgia Code, Title 45, Chapter 8 - Accounting for Public Funds
- § 45-8-1 - Definitions
As used in this chapter, the term: (1) "Collecting officer" means any person who is either generally or specifically elected, appointed, or employed, in...
- § 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 New Bonds
(a) The state authorities shall require all collecting officers and all officers to hold public funds, so far as relates to moneys or revenues...
- § 45-8-3 - Bonds -- Requirement of Officers Holding Other Than State Funds; Increase, Reduction, or Discharge of Bonds
All municipality or county authorities and all other proper authorities shall, as to collecting officers and officers to hold public funds other than those...
- § 45-8-4 - Bonds -- Declaring Office Vacant Upon Officer's Failure to Give Additional Security
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...
- § 45-8-5 - Bonds -- Fixing of Amount and Approval
The amount of the bonds of collecting officers and officers to hold public funds shall be in the amount fixed by the proper authority,...
- § 45-8-6 - Bonds -- Liability of New or Additional Bond for Defaults Occurring Prior to and Subsequent to Effective Date
Where any collecting officer, officer to hold public funds, bank, or depository gives an additional bond or adds new security during his term, the...
- § 45-8-7 - Bonds -- Interest Against Principal and Surety Upon Breach of Bond; Additional Penalty for Bad Faith; Attorneys' Fees
Upon breaches of the bond of any officer, bank, or depository, interest shall run against the principal on the bond at the rate of...
- § 45-8-8 - Bonds -- When Principal and Surety Not Liable
(a) Neither the principal nor the surety on any bond of any collecting officer or any officer to hold public funds shall be liable...
- § 45-8-9 - Bonds -- Limitation of Actions on Bonds
No action on the bond of any collecting officer, officer to hold public funds, bank, or depository shall be maintained unless the action or...
- § 45-8-10 - Deposit of Funds in Banks or Depositories -- Requirement Generally
All funds belonging to the state or to any of its bureaus, commissions, boards, or departments shall be deposited in designated state depositories. Every...
- § 45-8-11 - Deposit of Funds in Banks or Depositories -- Authority of Officers Holding Public Funds to Determine Amounts to Be Deposited; Waiver of Requirement for Depository to Give Security
(a) Every collecting officer and officer holding public funds shall be authorized to determine, from time to time, in respect to all public funds...
- § 45-8-12 - Deposit of Funds in Banks or Depositories -- Depository to Give Bond; Pledge of Securities in Lieu of Bond; Acceptance of Federal Insurance As Security; Combination of Securities; Aggregate Amount of Bond
(a) The collecting officer or officer holding public funds may not have on deposit at any one time in any depository for a time...
- § 45-8-13 - Deposit of Funds in Banks or Depositories -- Deposit of Securities by Banks or Depositories; Contract As to Interest or Compensation
(a) Any depository in this state is authorized to give such bond or to secure deposits of public funds by deposits of securities, whether...
- § 45-8-13.1 - Depositories Using Pooled Method of Securing Deposits of Public Funds; Qualifications; Rights and Responsibilities of State Treasurer
(a) Only depositories which have met the qualifications imposed by this Code section may use the pooled method. If a depository elects the pooled...
- § 45-8-14 - Depositories for County and School District Moneys
The governing authority of each county shall designate one or more solvent banks, insured federal savings and loan associations, or insured state chartered building...
- § 45-8-15 - Deposit of Funds in Banks or Depositories -- Lien in Favor of Public Body on Bank Assets; Deposit As Trust Fund
Upon any deposit of public funds being made in any bank, whether designated as a depository or not, there shall arise in favor of...
- § 45-8-16 - Deposit of Funds in Banks or Depositories -- Deposits Showing Officer's Official Title Deemed Public Funds
Money of any public body deposited in any bank by any collecting officer or officer to hold public funds, though deposited in his own...
- § 45-8-17 - Deposit of Funds in Banks or Depositories -- Liability of Public Authorities or Members Thereof for Official Actions
No proper authority, including the state treasurer, nor any member of a board or tribunal constituting such a proper authority shall, where acting in...
- § 45-8-18 - Investment of Surplus Funds in War Bonds or Other Obligations by Treasurer of Governmental Entity
(a) The treasurer of any municipality or county or board of trustees of any independent school district may invest any surplus funds in his...
- § 45-8-19 - Jurisdiction to Cite Defaulting Officers, Depositories, or Sureties for Accounting and to Issue Execution
Jurisdiction to cite defaulting collecting officers, officers to hold public funds, depositories, or the sureties on their bonds for an accounting and to issue...
- § 45-8-20 - Citation of Officer, Bank, or Depository to Show Cause; Service of Notice
If it shall become known to the official or authority having jurisdiction to cite for accounting that a collecting officer or officer to hold...
- § 45-8-21 - Right of Interested Citizen, Taxpayer, or Public Body to Appear At Hearing
Any citizen or taxpayer or any public body interested in the fund in question may appear and be heard before the official or authority...
- § 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
At the time and place fixed for the hearing or at an adjournment or continuance thereof, the officer, bank, or depository cited shall file...
- § 45-8-23 - Authority to Issue Subpoenas; Punishment for Contempt for Refusal to Obey
Authority is conferred upon the official or county or municipal authority having jurisdiction in the matter to issue subpoenas and to compel the attendance...
- § 45-8-24 - Joinder of Parties in Proceedings for Accounting; Power of Authorities to Determine Liability
In any proceeding for accounting under this chapter, there may be joined originally or by amendment, either before or after appeal, all such officers,...
- § 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 Defendant in Execution
The official or county or municipal authority having jurisdiction to cite for accounting may, without issuing or serving a citation or notice, issue or...
- § 45-8-26 - Action by Bond Obligee Before Citation or Execution
Nothing in this chapter shall be construed as preventing the obligee in any bond of any collecting officer, officer to hold public funds, or...
- § 45-8-27 - Procedure for Accounting Where Officer Succeeds Himself
When any officer to whom this chapter relates shall succeed himself in office or has been elected to succeed himself in office or has...
- § 45-8-28 - Personal Representative of Insane or Deceased Officer As Party to Proceedings
Whenever any of the officers with whom this chapter deals becomes non compos mentis or dies, the guardian or personal representative of such insane...
- § 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
Any judgment or execution issued in pursuance of this chapter or in any action against the principal or surety upon any bond of any...
- § 45-8-30 - Release of Property of County Officers From State Lien -- Authorization
The judge of the probate court, sitting for county purposes, or the board of county commissioners, or such other county governing authority in this...
- § 45-8-31 - Release of Property of County Officers From State Lien -- Procedure Generally
The officer desiring the release of a portion of his property shall file a petition in writing with the governing authority of the municipality...
- § 45-8-32 - Release of Property of County Officers From State Lien -- Proposed Sale or Loan to Be Consummated Within 60 Days From Authorization of Release
In the event the release is granted, it is not incumbent upon the person named in the application as the purchaser or lender on...
- § 45-8-33 - Effect of Chapter Upon Liability of Officers to Private Persons
This chapter is not intended to affect any liability which any of the officers to whom this chapter is applicable may incur to any...
Last modified: October 14, 2016