O.C.G.A.

O.C.G.A. § 45-12-86 (2019)

Governor authorized to require state agencies to reserve specified appropriations for budget reductions and withhold a percentage of agency allotments to maintain spending within actual revenues

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
Find cases: SyfertCases citing this section GA-LEGlegis.ga.gov (official) JustiaJustia CornellLII Search CasesGoogle Scholar

(a) Except as otherwise provided in subsection (c) of this Code section, the Governor, during the first six months of a fiscal year period in which the current revenue estimate on which appropriations are based is expected to exceed actual revenues, is authorized to require state agencies to reserve such appropriations as specified by the Governor for budget reductions to be recommended to the General Assembly at its next regular session. (b) Except as otherwise provided in subsection (c) of this Code section, the Governor, during any fiscal year by which the current revenue estimate on which appropriations are based is expected to exceed actual revenues, is authorized to withhold a percentage of agency allotment requests as necessary to maintain spending within actual revenues. (c) During any fiscal year beginning on or after July 1, 2009, in which the current revenue estimate on which appropriations are based is expected to exceed actual revenues and an appropriation for homeowner tax relief grants pursuant to Chapter 89 of Title 36 has been made which does not comply with the limitations specified under subsection (d) of Code Section 36-89-3, the Governor shall either require the state agency to which the appropriation was made to reserve such appropriations as specified by the Governor for budget reductions to be recommended to the General Assembly at its next regular session or withhold the agency allotment request for such appropriation as necessary to maintain spending within actual revenues.

History

(Code 1933, § 40-418, enacted by Ga. L. 1962, p. 17, § 1; Ga. L. 1993, p. 1402, § 18; Ga. L. 1993, p. 1914, § 11; Ga. L. 2005, p. 976, § 4/HB 509; Ga. L. 2009, p. 1, § 2/HB 143; Ga. L. 2009, p. 8, § 45/SB 46.)

Annotations

Editor’s notes. - Ga. L. 1993, p. 1914, § 1, not codified by the General Assembly, provides that: ‘‘This Act shall be known

and may be cited as the ‘Budget Accountability and Planning Act of 1993.’ ’’

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).

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

C.J.S. - 81A C.J.S., States, §§ 254, 255.