TITLE 45 PUBLIC OFFICERS AND EMPLOYEES

Section 8. Accounting for Public Funds, 45-8-1 through 45-8-33.

ARTICLE 6 TEMPORARY FURLOUGHS

45-8-13. Deposit of funds in banks or depositories - Deposit of securities by banks or depositories; contract as to interest or compensation.

Any depository in this state is authorized to give such bond or to secure deposits of public funds by deposits of securities, whether the securities are owned by the depository into which the public funds are deposited or are owned by another bank, and the proper authorities are authorized to make contracts with depositories as to interest or compensation of the depository.
Depositories that are not covered depositories may secure deposits of public funds using the dedicated method, the single bank pooled method, or both methods, as enumerated in this subsection:
1. Under the dedicated method, a depository shall secure the deposits of each of its public body depositors separately. It is intended that the dedicated method is the method permitted under Code Section 45-8-12 and that this method will not be affected by this subsection; or
2. Under the single bank pooled method, a depository shall secure deposits of public funds of public bodies which have deposits with it through a pool of collateral established by the depository with a custodian for the benefit of public bodies having deposits with such depository as set forth in Code Section 45-8-13.1. If a depository elects the single bank pooled method, it may use the single bank pooled method with some public body depositors and the dedicated method with other public body depositors.
Covered depositories shall secure public funds from public bodies as provided in this subsection:
1. Establish a pool of collateral with a custodian for the benefit of public bodies having deposits with such covered depository as set forth in Code Section 45-8-13.1;
2. Secure deposits made with it partly by surety bond, partly by deposit of any one or more of the obligations referred to in subsection (a) of Code Section 45-8-12, partly by the guarantee or insurance of accounts by the Federal Deposit Insurance Corporation, any obligation authorized pursuant to the policies and procedures of the State Depository Board, or by any combination of these methods. The aggregate of the face value of such surety bond and the market value of securities pledged shall be a percent of the public funds being secured after the deduction of the amount of deposit insurance as established quarterly pursuant to a formula proposed by the commissioner and adopted by the State Depository Board based on the ratings of the covered depository from one or more nationally recognized rating services. The commissioner is authorized to propose to the State Depository Board multiple tiers of collateralization requiring different percentages of securities to be pledged to secure deposited public funds; and
3. Under the multibank pooled method, each covered depository shall guarantee the deposits of a public body against loss caused by the default of other depositories within the multibank pool.

(Ga. L. 1933, p. 78, § 6; Code 1933, § 89-812; Ga. L. 1993, p. 929, § 3; Ga. L. 1994, p. 97, § 45; Ga. L. 1997, p. 868, § 2; Ga. L. 2016, p. 249, § 3/SB 283.)

The 2016 amendment, effective April 26, 2016, for purposes of promulgating rules and regulations and for all other purposes effective July 1, 2016, in subsection (b), inserted "that are not covered depositories" near the beginning, and substituted ", the single bank pooled method, or both methods," for "or the pooled method" near the end; in paragraph (b)(1), inserted "body" near the end of the first sentence; in paragraph (b)(2), inserted "single bank" three times and inserted "body" twice; and rewrote subsection (c).

JUDICIAL DECISIONS

Bond relieved when public funds deposited officially.

- A county treasurer is required to deposit the county money in a bank and to have it give bond to secure the deposit, and, if it is deposited officially or if the bank knows it to be a public deposit, the treasurer's bond is thereby relieved. Hancock County v. Hancock Nat'l Bank, 67 F.2d 421 (5th Cir. 1933).

Cited in Whipple v. American Sur. Co., 92 F.2d 673 (5th Cir. 1937).

OPINIONS OF THE ATTORNEY GENERAL

Funds of a local housing authority held exclusively for a public purpose were public funds within the meaning of former Code 1933, §§ 89-812 and 89-813 (see now O.C.G.A. §§ 45-8-13 and45-8-15). 1957 Op. Att'y Gen. p. 7.

Requirements when amount deposited exceeds amount insured.

- The collecting officer or officer holding the funds of a hospital authority may deposit funds of the authority in a local bank or banks notwithstanding the fact that the amount of the funds so deposited may exceed Federal Deposit Insurance Corporation insurance on the account, if the authority requires the depository to give bond or make deposit of securities in trust to secure such deposits pursuant to former Code 1933, §§ 89-810 and 89-812 (see now O.C.G.A. §§ 45-8-10 and45-8-13). 1969 Op. Att'y Gen. No. 69-500.

Banks holding public moneys are required to secure the money by giving bond or depositing securities in trust whether or not specifically requested to do so by public authorities. 1962 Op. Att'y Gen. p. 24.

Approved securities are the same whether the funds are state or local.

- Since the policy of protecting public funds was presumably the same whether the funds were state funds or subdivision funds, the list in former Code 1933, § 100-108 (see now O.C.G.A. § 50-17-59(a)) should govern for purposes of former Code 1933, § 89-812 (see no O.C.G.A. § 45-8-13). 1979 Op. Att'y Gen. No. 79-12.

Obligations of a public housing authority are approved securities.

- A state bank may purchase obligations of a public housing agency and pledge them as security for the repayment of a deposit of funds made with the bank by the housing agency provided the purchase of such obligations does not exceed 10 percent of the capital and unimpaired surplus of the bank. 1957 Op. Att'y Gen. p. 7.