O.C.G.A. § 36-81-3 (2019)
Establishment of fiscal year; requirement of annual balanced budget; adoption of budget ordinances or resolutions generally; budget amendments; uniform chart of accounts
(a) The governing authority shall establish by ordinance, local law, or appropriate resolution a fiscal year for the operations of the local government. (b)(1) Each unit of local government shall adopt and operate under an annual balanced budget for the general fund, each special revenue fund, and each debt service fund in use by the local government. The annual balanced budget shall be adopted by ordinance or resolution and administered in accordance with this article. (2) Each unit of local government shall adopt and operate under a project-length balanced budget for each capital projects fund in use by the government. The project-length balanced budget shall be adopted by ordinance or resolution in the year that the project initially begins and shall be administered in accordance with this article. The project-length balanced budget shall appropriate total expenditures for the duration of the capital project. (3) A budget ordinance or resolution is balanced when the sum of estimated revenues and appropriated fund balances is equal to appropriations. (4) Nothing contained in this Code section shall preclude a local government from adopting a budget for any funds used by the local
government other than those specifically identified in paragraphs (1) and (2) of this subsection, including enterprise funds, internal service funds, and fiduciary funds. (c) For each fiscal year beginning on or after January 1, 1982, each unit of local government shall adopt and utilize a budget ordinance or resolution as provided in this article. (d) Nothing contained in this Code section shall preclude a local government from amending its budget so as to adapt to changing governmental needs during the budget period. Amendments shall be made as follows, unless otherwise provided by charter or local law: (1) Any increase in appropriation at the legal level of control of the local government, whether accomplished through a change in anticipated revenues in any fund or through a transfer of appropriations among departments, shall require the approval of the governing authority. Such amendment shall be adopted by ordinance or resolution; (2) Transfers of appropriations within any fund below the local government’s legal level of control shall require only the approval of the budget officer; and (3) The governing authority of a local government may amend the legal level of control to establish a more detailed level of budgetary control at any time during the budget period. Said amendment shall be adopted by ordinance or resolution. (e) The Department of Community Affairs, in cooperation with the Association County Commissioners of Georgia and the Georgia Municipal Association, shall develop local government uniform charts of accounts. The uniform charts of accounts, including any subsequent revisions thereto, shall require approval of the state auditor prior to final adoption by the Department of Community Affairs. All units of local government shall adopt and use such initial uniform charts of accounts within 18 months following adoption of the uniform charts of accounts by the Department of Community Affairs. The department shall adopt the initial local government uniform charts of accounts no later than December 31, 1998. The department shall be authorized to grant a waiver delaying adoption of the initial uniform charts of accounts for a period of time not to exceed two years upon a clear demonstration that conversion of the accounting system of the requesting local government, within the time period specified in this subsection, would be unduly burdensome. (f ) The department’s implementation of subsection (e) of this Code section shall be subject to Chapter 13 of Title 50, the ‘‘Georgia Administrative Procedure Act.’’
History
Ga. L. 1980, p. 1738, § 4; Ga. L. 1987, p. 3, § 36; Ga. L. 1997, p. 1575, § 2; Ga. L. 1998, p. 1611, § 2; Ga. L. 2000, p. 1395, § 1.
Annotations
Cross references. - Audits of coun-
ties and municipalities, § 36-60-8. Fiscal year for state and units of state government, § 45-6-2. State auditor generally, T. 50, C. 6.
JUDICIAL DECISIONS Cited in May v. County Comm’rs, 227 Ga. App. 878, 490 S.E.2d 546 (1997);
Pelphrey v. Cobb County, 547 F.3d 1263 (11th Cir. 2008).
OPINIONS OF THE ATTORNEY GENERAL Regional development center is not subject to the minimum budget and auditing requirements set forth in O.C.G.A. Art. 1, Ch. 81, T. 36; however, a center is subject to public accountability under other provisions of state law. 1990 Op. Att’y Gen. No. 90-37. Budget amendments. - Requirement that budget amendments be adopted by ordinance or resolution is not satisfied by the adoption of a ‘‘blanket amendment’’
in the local government’s budget resolution. 1999 Op. Att’y Gen. No. 99-3. Adoption of a blanket amendment in local government’s budget resolution. - Requirement that amendments to the budgets of local governments be adopted by ordinance or resolution is not satisfied by the adoption of a ‘‘blanket amendment’’ in the local government’s budget resolution. 1999 Op. Att’y Gen. No. 99-3.
RESEARCH REFERENCES ALR. - Validity, construction, and application of state constitutional and stat-
utory balanced budget provisions, 82 A.L.R.6th 497.