O.C.G.A.
O.C.G.A.

O.C.G.A. § 49-2-5 (2019)

Department is institution of state; power to disburse state, county, and federal funds

✓ 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.
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The department is declared to be an institution of the state for which the powers of taxation over the whole state may be exercised, and the department is empowered and authorized to administer, expend, and disburse funds appropriated to it and allocated to it by the General Assembly, the respective counties of the state, and the United States, through its appropriate agencies and instrumentalities for the purpose of distributing old-age benefits and all other benefits as provided in this title.

History

Ga. L. 1937, p. 355, § 2; Ga. L. 1960, p. 85, § 2; Ga. L. 1982, p. 3, § 49; Ga. L.

1983, p. 3, § 65; Ga. L. 2009, p. 453, § 2-1/HB 228.

Annotations

OPINIONS OF THE ATTORNEY GENERAL Voluntarily donated county funds. - Department may accept public funds donated voluntarily by counties for the provision of day care and other social

services to welfare applicants and other authorized recipients. 1972 Op. Att’y Gen. No. 72-12.

RESEARCH REFERENCES Am. Jur. 2d. 63C Am. Jur. 2d, Public Funds, § 70 et seq. 79 Am. Jur. 2d, Welfare Laws, § 53 et seq.

C.J.S. 64A C.J.S., Municipal Corporations, § 1936. 82 C.J.S., Statutes, § 469 et seq.

Notes of Decisions
Cited in 2 cases, 1989–1995 · leading case: Bendiburg v. Dempsey, 707 F. Supp. 1318 (N.D. Ga. 1989).
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Bendiburg v. Dempsey, 707 F. Supp. 1318 (N.D. Ga. 1989). · cites it 4× “Where is DFACS funding derived? As noted by defendants, the county departments’ funding consists of state and federal funds made available to and disbursed by the State Department of Human Resources, O.C.G.A. § 49-2-5, as well as county funds voluntarily provided by the county…”
Floyd Cnty. Grand Jury v. Dep't of Fam. & Child. Servs., 463 S.E.2d 519 (Ga. Ct. App. 1995). · cites it 3× “…been presented to the contrary. The DHR was created by virtue of state law (OCGA § 49-2-1) as a state institution (OCGA § 49-2-5) to administer all categories of public assistance (OCGA §§ 49-2-6; 49-4-3 (b)) under the Georgia Public Assistance Act of 1965 (OCGA § 49-4-1 et…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.