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2018 Georgia Code 45-12-81 | Car Wreck Lawyer

TITLE 45 PUBLIC OFFICERS AND EMPLOYEES

Section 12. Governor, 45-12-1 through 45-12-207.

ARTICLE 4 OFFICE OF PLANNING AND BUDGET

45-12-81. Procedure and restriction for expenditures by state and budget units thereof.

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 made by law pursuant to Article III, Section IX, Paragraph I of the Constitution of Georgia.

(Code 1933, § 40-413, enacted by Ga. L. 1962, p. 17, § 1; Ga. L. 1983, p. 3, § 61.)

JUDICIAL DECISIONS

Cited in Georgia Ass'n of Educators v. Harris, 403 F. Supp. 961 (N.D. Ga. 1975); Briarcliff Haven, Inc. v. Department of Human Resources, 403 F. Supp. 1355 (N.D. Ga. 1975).

OPINIONS OF THE ATTORNEY GENERAL

Acquisition of license fees only by appropriation.

- Because license fees are remitted to the State Treasurer (now director of the Office of Treasury and Fiscal Services) as required by Ga. L. 1967, p. 294, § 1 (see now O.C.G.A. § 43-1-3), the only method by which an examining board may acquire the use of these funds is pursuant to an appropriation by the General Assembly. 1972 Op. Att'y Gen. No. 72-112.

RESEARCH REFERENCES

Am. Jur. 2d.

- 72 Am. Jur. 2d, States, Territories, and Dependencies, § 80.

C.J.S.

- 81A C.J.S., States, §§ 236, 237.

Cases Citing O.C.G.A. § 45-12-81

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Gaddy v. Georgia Dep't of Revenue, 301 Ga. 552 (Ga. 2017).

Cited 16 times | Published | Supreme Court of Georgia | Jun 26, 2017 | 802 S.E.2d 225

...rential taxrates, and tax exemptions ’’OCGA § 45-12-71 (15). That same definitions statute defines “appropriation” as an authorization by the General Assembly to expend a sum of money “from public funds . .. OCGA § 45-12-71 (2). And OCGA § 45-12-81 in the Budget Act expressly prohibits money to be drawn from the state treasury “except by appropriation made by law_” See also Ga....