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O.C.G.A. § 45-12-76 — Limitations on appropriations by General Assembly; supplementary appropriations | Georgia Code
O.C.G.A. § 45-12-76 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 45 PUBLIC OFFICERS AND EMPLOYEES

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

ARTICLE 4 OFFICE OF PLANNING AND BUDGET

45-12-76. Limitations on appropriations by General Assembly; supplementary appropriations.

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 the total treasury receipts from existing revenue sources anticipated to be collected in the fiscal year, less refunds, as estimated in the budget report and amendments thereto. Supplementary appropriations, if any, shall be made in the manner provided in Article III, Section IX, Paragraph V of the Constitution of Georgia, but in no event shall a supplementary appropriations Act continue in force and effect beyond the expiration of the General Appropriations Act in effect when such supplementary appropriations Act was adopted and approved.

(Code 1933, § 40-407, enacted by Ga. L. 1962, p. 17, § 1; Ga. L. 1983, p. 3, § 61.)

OPINIONS OF THE ATTORNEY GENERAL

Governor, as director of the budget, is authorized to restrict and curtail legislative appropriations when the anticipated income of the state would otherwise be exceeded. 1952-53 Op. Att'y Gen. p. 276.

General Assembly may not make appropriations up to a budget amount which includes an estimated lapse from appropriations for the current fiscal year. 1968 Op. Att'y Gen. No. 68-11.

RESEARCH REFERENCES

Am. Jur. 2d.

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

C.J.S.

- 81A C.J.S., States, §§ 340, 414, 417.

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This Georgia Code resource is curated by Graham W. Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.