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O.C.G.A. § 45-12-87 — Requirement of authorization of payments and obligation; liability of persons authorizing payments or receiving payments | Georgia Code

O.C.G.A. § 45-12-87 (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

45-12-87. Requirement of authorization of payments and obligation; liability of persons authorizing payments or receiving payments.

No payment shall be made and no obligation shall be incurred against any appropriation unless such payment or obligation has been authorized as provided in this part. Every official authorizing payments in violation of this part, or taking part therein, and every person receiving such payment, or any part thereof, shall be jointly and severally liable to the state for the full amount so paid or received.

(Code 1933, § 40-419, enacted by Ga. L. 1962, p. 17, § 1.)

JUDICIAL DECISIONS

This section prohibits deficit financing. Briarcliff Haven, Inc. v. Department of Human Resources, 403 F. Supp. 1355 (N.D. Ga. 1975).

Cited in Busbee v. Georgia Conference, Am. Ass'n of Univ. Professors, 235 Ga. 752, 221 S.E.2d 437 (1975); Georgia Ass'n of Educators v. Harris, 403 F. Supp. 961 (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, § 398.

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This Georgia Code resource is curated by Georgia Bar member 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.