2018 Georgia Code Annotated

TITLE 45 PUBLIC OFFICERS AND EMPLOYEES

Chap.

• 1. General Provisions, 45-1-1 through 45-1-6.
• 2. Eligibility and Qualifications for Office, 45-2-1 through 45-2-45.
• 3. Official Oaths and Commissions, 45-3-1 through 45-3-31.
• 4. Official Bonds, 45-4-1 through 45-4-30.
• 5. Vacation of Office, 45-5-1 through 45-5-7.
• 5A. Temporary Disabilities of Elected Constitutional Executive Officers, 45-5A-1 through 45-5A-6.
• 6. Powers and Duties Generally, 45-6-1 through 45-6-14.
• 7. Salaries and Fees, 45-7-1 through 45-7-110.
• 8. Accounting for Public Funds, 45-8-1 through 45-8-33.
• 9. Insuring and Indemnification of Public Officers and Employees, 45-9-1 through 45-9-110.
• 10. Codes of Ethics and Conflicts of Interest, 45-10-1 through 45-10-92.
• 11. Miscellaneous Offenses Concerning Public Officers and Employees, 45-11-1 through 45-11-10.
• 12. Governor, 45-12-1 through 45-12-207.
• 13. Secretary of State, 45-13-1 through 45-13-85.
• 14. Commissioner of Insurance, 45-14-1 through 45-14-10.
• 15. Attorney General, 45-15-1 through 45-15-70.
• 16. Coroners, 45-16-1 through 45-16-80.
• 17. Notaries Public, 45-17-1 through 45-17-34.
• 18. Employees' Insurance and Benefits Plans, 45-18-1 through 45-18-105.
• 19. Labor Practices, 45-19-1 through 45-19-46.
• 20. Personnel Administration, 45-20-1 through 45-20-111.
• 21. Employees' Suggestion and Meritorious Awards Program, 45-21-1 through 45-21-9.
• 22. Public Employee Hazardous Chemical Protection and Right to Know, 45-22-1 through 45-22-12.
• 23. Drug-free Public Work Force, 45-23-1 through 45-23-9.
• 24. Governmental Reorganization and Termination From Employment Reform, 45-24-1 through 45-24-9.

Chapter 1. General Provisions, 45-1-1 through 45-1-6.

• 45-1-1. Employees of state hospitals and certain state institutions authorized to make purchases of goods and services; limitations.
• 45-1-2. Actions by or against public officers who have left office.
• 45-1-3. Display or sale of motor vehicle tag or sign purporting that owner serves on Governor's staff.
• 45-1-4. Complaints or information from public employees as to fraud, waste, and abuse in state programs and operations.
• 45-1-5. Purging personnel records of terminated employee.
• 45-1-6. Gifts to employees by vendors; disclosure; reports.

Chapter 2. Eligibility and Qualifications for Office, 45-2-1 through 45-2-45.

Article 1 General Provisions.

• 45-2-1. Persons ineligible to hold civil office; vacation of office; validity of acts performed while in office.
• 45-2-2. Person to hold only one county office; commissioned officer not to be deputy for another.
• 45-2-3. Persons failing to obtain commissions ineligible for reelection.
• 45-2-4. Officers to reside in state, discharge duties until successor commissioned, and have seal.
• 45-2-5. Municipal or county governments not to require residence as condition of employment.
• 45-2-6. Municipal or county governments not to use residence as advantage or disadvantage in administering employee merit system.
• 45-2-7. Employment of aliens - Prohibited generally; exceptions [Repealed].
• 45-2-8. Employment of aliens - Official subject to removal for violation [Repealed].
• 45-2-9. State agencies not to discriminate in employment against servicemen's wives.

Article 2 Veterans' Civil Service Preference.

• 45-2-20. "Armed conflict" defined.
• 45-2-21. Veteran entitled to additional five points on civil service examination score.
• 45-2-22. Disabled veteran entitled to additional ten points on civil service examination score.

Article 3 Physical Examination of State Employees.

• 45-2-40. Employees to furnish certificate of physical fitness for employment.
• 45-2-41. Committee of doctors to develop fitness standards; licensed physician to make physical examination; contracts for assessments of employees; fee for committee members and consultants; certification.
• 45-2-42. State department or agency to furnish standards of fitness of positions.
• 45-2-43. Examining medical practitioner to make report; conditions impairing prescribed duties; consent for distribution of additional confidential medical information; reports; confidentiality of files.
• 45-2-44. State Personnel Board to adopt rules and regulations; expenditure of funds.
• 45-2-45. Applicability of article.

• General Consideration
• Person Charged With Crimes
• Persons Holding Other Offices
• Eligibility for County Offices

• General Consideration
• Specific Offices

Chapter 3. Official Oaths and Commissions, 45-3-1 through 45-3-31.

Article 1 Official Oaths.

• 45-3-1. Oaths required in addition to oath of office and constitutional oath.
• 45-3-2. Form and subscription of oath.
• 45-3-3. Officer authorized to administer oaths; oaths to be written, subscribed, and dated.
• 45-3-4. Filing of oaths - Generally.
• 45-3-5. Filing of oaths - County officers.
• 45-3-6. Filing of oaths - Endorsement of filing time.
• 45-3-7. Oaths of deputies.
• 45-3-8. Effect of failure to take and file oath generally.
• 45-3-9. Entry into duties of office without oath.
• 45-3-10. Effect of failure to take and file oath upon validity of official acts.
• 45-3-10.1. Applicability of Code Sections 45-3-1 through 45-3-10.
• 45-3-11. Loyalty oath - Persons required to take oath generally.
• 45-3-12. Loyalty oath - Elected officers.
• 45-3-13. Loyalty oath - Form.
• 45-3-14. Effect of failure to sign loyalty oath.
• 45-3-15. Proceeding for false swearing when loyalty oath violated.
• 45-3-16. Applicability of article.

Article 2 Commissions.

• 45-3-30. Officers commissioned under great seal of state.
• 45-3-31. Officers commissioned under executive seal.

Chapter 4. Official Bonds, 45-4-1 through 45-4-30.

• 45-4-1. Bonds to be payable to Governor and conditioned upon faithful discharge of duties.
• 45-4-2. Deputy's bond.
• 45-4-3. Return of bonds; actions on bonds.
• 45-4-4. Bonds of officers commissioned by Governor.
• 45-4-5. Bonds to have sureties; number and qualifications.
• 45-4-6. Corporate sureties authorized.
• 45-4-7. County officials required to have corporate surety on bond; county to pay premiums.
• 45-4-8. Attorney at law or county officer not to be surety.
• 45-4-9. New bond and surety when surety relieved or insufficient.
• 45-4-10. Effect of officer failing to comply with new bond and surety.
• 45-4-11. Blanket bonds covering two or more political subdivisions, officers authorized; amount and coverage period; recording; entities.
• 45-4-12. Approval and filing of bonds.
• 45-4-13. Approval, filing, and recording of bonds of court clerks, magistrates, sheriffs, coroners, surveyors, treasurers, and tax collectors.
• 45-4-14. Time for filing bonds.
• 45-4-15. Filing time to be endorsed on bonds.
• 45-4-16. Manner in which power of attorney to be attested and filed where bond signed by attorney in fact.
• 45-4-17. Probate court judge to certify to Governor taking of oaths and giving of bonds.
• 45-4-18. Certification of failure of officer to make and file bond.
• 45-4-19. Notice to Attorney General of failure of officer to file bond.
• 45-4-20. Nonconforming bond to stand in place of official bond though not approved and filed.
• 45-4-21. Effect of failure of officer to mark bond or give required notice.
• 45-4-22. Effect of official act before bond approved and filed.
• 45-4-23. Places for keeping bonds.
• 45-4-24. Bond obligations of principal and surety; conditions required for existence of cause of action on bond.
• 45-4-25. Actions on bonds of public officers authorized; jurisdiction.
• 45-4-26. Action on deputy's bond.
• 45-4-27. Effect of recovery on bond upon subsequent proceedings.
• 45-4-28. Officer's liability when bond exhausted or invalid and when acting without bond.
• 45-4-29. Measure of damages in actions on official bonds.
• 45-4-30. Applicability of chapter.

Chapter 5. Vacation of Office, 45-5-1 through 45-5-7.

• 45-5-1. When offices deemed vacated; filling vacancy; notice; appeal.
• 45-5-2. Office to be vacated immediately upon final conviction of felony; filling of vacancy.
• 45-5-3. Election or appointment of successor to fill unexpired terms.
• 45-5-3.1. Authority to fill vacancy absent quorum; appointment by Governor to fill vacancy.
• 45-5-3.2. Filling of vacancies in office of district attorney; special election.
• 45-5-4. Continuation in office of appointee during succeeding term.
• 45-5-5. To whom resignations to be made.
• 45-5-6. Public official investigated by special commission upon indictment; gubernatorial review if commission recommends suspension; suspension; reinstatement; replacement or temporary officer.
• 45-5-6.1. Suspension and vacation of office of public officials convicted of felony.
• 45-5-6.2. Suspension of "authority officials" upon indictment for felony; continued compensation; replacement officials.
• 45-5-7. Hearing of complaints against budget unit employees and proceedings thereupon; effect on tenure.

• 45-5A-1. Certification of temporary disability by Supreme Court.
• 45-5A-2. Lieutenant Governor exercising powers and duties of Governor during temporary disability.
• 45-5A-3. President Pro Tempore of the Senate exercising powers and duties of Lieutenant Governor during temporary disability.
• 45-5A-4. Governor's appointment of persons to perform duties of other officers during temporary disability.
• 45-5A-5. Supreme Court to determine when temporary disability has ended; resumption of duties upon termination of temporary disability.
• 45-5A-6. Officer compensation during temporary disability.

Chapter 6. Powers and Duties Generally, 45-6-1 through 45-6-14.

• 45-6-1. "Books, papers, and other office property" defined.
• 45-6-2. Fiscal year for all state government units; accounting.
• 45-6-3. Official reports to conform with fiscal year.
• 45-6-4. Mailing of annual reports to General Assembly members.
• 45-6-5. Source of powers of public officers generally; estoppel.
• 45-6-6. Office property kept by public officers subject to inspection.
• 45-6-7. Duty of incumbent to deliver office property to successor - Generally.
• 45-6-8. Duty of incumbent to deliver office property to successor - Retiring judicial or ministerial officers or state's attorneys.
• 45-6-9. Duty of incumbent to deliver office property to successor - When incumbent deceased or cannot be found.
• 45-6-10. Duty of incumbent to deliver office property to successor - Failure to comply; search for and seizure of office property.
• 45-6-11. Duty of incumbent to deliver office property to successor - Proceedings by successor.
• 45-6-12. Duty of incumbent to deliver office property to successor - Director of Division of Archives and History to act as agent when office abolished or no successor appointed.
• 45-6-13. Duty of incumbent to deliver office property to successor - Liability for costs of office property upon failure to deliver.
• 45-6-14. Duty of incumbent to deliver office property to successor - Failure to deliver office property.

Chapter 7. Salaries and Fees, 45-7-1 through 45-7-110.

Article 1 General Provisions.

• 45-7-1. Payment for personal services by state departments.
• 45-7-2. Compensation of state official for serving in ex officio position.
• 45-7-3. Compensation of state officials designated in Code Sections 45-7-4, 45-7-20, and 45-7-21; reimbursement of members of General Assembly serving on advisory boards and similar entities of the executive and judicial branches.
• 45-7-4. (For effective date, see note.) Annual salaries of certain state officials; cost-of-living adjustments.
• 45-7-5. Compensation of Lieutenant Governor.
• 45-7-6. Members of boards and other public entities not to be paid for more than one meeting per day.
• 45-7-7. Compensation and allowances of certain officials not to be changed without giving public notice.
• 45-7-8. Officer dismissal for charging or taking fees not allowed or for services not performed.
• 45-7-9. Compensation for line-of-duty injuries of full-time state employees; exceptions.

Article 2 Reimbursement of Expenses.

• 45-7-20. Reimbursement of travel costs for certain officials.
• 45-7-21. (For effective date, see note.) Expense allowance and travel cost reimbursement for members of certain boards and commissions.
• 45-7-22. Reimbursement for relocation expenses - Authorization generally.
• 45-7-23. Reimbursement for relocation expenses - Conditions.
• 45-7-24. Reimbursement for relocation expenses - Rules, regulations, and policies.
• 45-7-25. Advance travel funds - Employee trust accounts authorized.
• 45-7-26. Advance travel funds - Rules and regulations for accounting of funds.
• 45-7-27. Advance travel funds - Accounting and reimbursement of unused funds.
• 45-7-28. Advance travel funds - Lien when employee fails to file accounting or reimburse funds.
• 45-7-28.1. Employee travel reimbursement; rules and regulations to be issued by the Department of Audits and Accounts and the Office of Planning and Budget [Repealed].
• 45-7-29. Reimbursement for expenses of lodging and air fare - Supporting documentation required.
• 45-7-30. Reimbursement for expenses of first-class air fare.
• 45-7-31. Reimbursement for expenses - Per diem allowances.
• 45-7-32. Unlawful use of travel advance received from public funds for nongovernmental purposes; fraudulent request for reimbursement of expenses; penalty for violations.
• 45-7-33. Reimbursement for expenses in filing application for commercial driver's license.
• 45-7-34. Rules and regulations for administering reimbursement programs.

Article 3 Salary Deductions.

• 45-7-50. Deductions for United States savings bonds.
• 45-7-51. Deductions for payment of insurance premiums.
• 45-7-52. Deductions for payments to credit unions.
• 45-7-53. Deductions for payment of parking and van pool fees.
• 45-7-54. Voluntary contributions by state government employees through payroll deductions to certain not for profit organizations.
• 45-7-55. Deductions for transit passes and other fare media.
• 45-7-56. Deductions for purchase of personal computing and computer related equipment.
• 45-7-57. Deduction from wages for contributions into savings trust accounts.

Article 4 Disclosure of Professional Services Fees.

• 45-7-70. Purpose of article.
• 45-7-71. Professional services fees to be identified in financial records.
• 45-7-72. Statements or reports to Attorney General and state auditor.
• 45-7-73. State auditor to prescribe form and date for submission of reports.
• 45-7-74. State auditor to provide report of fees to various state officials.

Article 5 State Commission on Compensation.

• 45-7-90. Creation; purpose.
• 45-7-91. Composition; qualifications, appointment, vacancies of members.
• 45-7-92. Oath; expenses of members; meetings generally.
• 45-7-93. Organizational meeting; employment of staff.
• 45-7-94. Commission to make comparative study of compensation.
• 45-7-95. Commission to file written report of recommended compensation.
• 45-7-96. Construction of article.

Article 6 Temporary Furloughs.

• 45-7-110. Criteria for order; notice; applicability; effect of other laws; effect on retirement or pension system; repealer [Repealed].

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

• 45-8-1. Definitions.
• 45-8-2. Bonds - Requirement of officers holding state funds; requirement of additional bond or security; declaring office vacant upon failure to give additional security; reduction of bonds; substitution of new bonds.
• 45-8-3. Bonds - Requirement of officers holding other than state funds; increase, reduction, or discharge of bonds.
• 45-8-4. Bonds - Declaring office vacant upon officer's failure to give additional security.
• 45-8-5. Bonds - Fixing of amount and approval.
• 45-8-6. Bonds - Liability of new or additional bond for defaults occurring prior to and subsequent to effective date.
• 45-8-7. Bonds - Interest against principal and surety upon breach of bond; additional penalty for bad faith; attorneys' fees.
• 45-8-8. Bonds - When principal and surety not liable.
• 45-8-9. Bonds - Limitation of actions on bonds.
• 45-8-10. Deposit of funds in banks or depositories - Requirement generally.
• 45-8-11. Deposit of funds in banks or depositories - Authority of officers holding public funds to determine amounts to be deposited; waiver of requirement for depository to give security.
• 45-8-12. Deposit of funds in banks or depositories - Depository to give bond; pledge of securities in lieu of bond; acceptance of federal insurance as security; combination of securities; aggregate amount of bond.
• 45-8-13. Deposit of funds in banks or depositories - Deposit of securities by banks or depositories; contract as to interest or compensation.
• 45-8-13.1. Depositories using pooled method of securing deposits of public funds; qualifications; rights and responsibilities of state treasurer; establishing policies and procedures.
• 45-8-14. Depositories for county and school district moneys.
• 45-8-15. Deposit of funds in banks or depositories - Lien in favor of public body on bank assets; deposit as trust fund.
• 45-8-16. Deposit of funds in banks or depositories - Deposits showing officer's official title deemed public funds.
• 45-8-17. Deposit of funds in banks or depositories - Liability.
• 45-8-18. Investment of surplus funds in war bonds or other obligations by treasurer of governmental entity.
• 45-8-19. Jurisdiction to cite defaulting officers, depositories, or sureties for accounting and to issue execution.
• 45-8-20. Citation of officer, bank, or depository to show cause; service of notice.
• 45-8-21. Right to appear at hearing.
• 45-8-22. Cited official, bank, or depository to file statement of accounts; preparation of statement by citing official or authority; entry of judgment or order in nature of judgment; settling accounts.
• 45-8-23. Authority to issue subpoenas; punishment for contempt for refusal to obey.
• 45-8-24. Joinder of parties in proceedings for accounting; power of authorities to determine liability.
• 45-8-25. Issuance of execution against defaulting officer, bank, depository, or surety; enforcement; proceedings to arrest enforcement; burden of proof at trial; parties; effect of admission of correctness by defendant in execution.
• 45-8-26. Action by bond obligee before citation or execution.
• 45-8-27. Procedure for accounting when officer succeeds himself.
• 45-8-28. Personal representative of insane or deceased officer as party to proceedings.
• 45-8-29. Effect of judgment or execution as lien; transfer of judgment or execution; enforcement by transferee; effect of sale or transfer of assets by bank to innocent purchaser for value.
• 45-8-30. Release of property of county officers from state lien - Authorization.
• 45-8-31. Release of property of county officers from state lien - Procedure generally.
• 45-8-32. Release of property of county officers from state lien - Deadline to consummate proposed sale or loan.
• 45-8-33. Effect of chapter upon liability of officers to private persons.

Article 1 State Officers and Employees.

• 45-9-1. General provisions.
• 45-9-2. Members of organized militia serving on state active duty.
• 45-9-3. Insurance and other protections afforded personnel employed by district attorney.
• 45-9-3.1. Immunity from liability for law enforcement officers directing or escorting funeral processions [Repealed].
• 45-9-4. Purchase of insurance or indemnity contracts; self-insurance program; Hazardous Materials Liability Reserve Fund; insurer insolvency; Liability coverage to nonprofit agencies and employees contracting with state agencies.
• 45-9-4.1. Participation in self-insurance by Georgia Correctional Industries Administration; extension of coverage to officers, officials, and employees.
• 45-9-4.2. Liability coverage for nonprofit agencies providing services to the developmentally disabled.
• 45-9-5. Article not waiver of immunity from action or provision of liability insurance protection.

Chapter 9. Insuring and Indemnification of Public Officers and Employees, 45-9-1 through 45-9-110.

Article 2 Members of Governing Bodies of

Municipalities, Counties, and Other Public

Bodies. Article 3

• 45-9-20. Insurance or contracts of indemnity; actions against insurers or indemnitors.
• 45-9-21. Defense of civil, criminal, or quasi-criminal actions in lieu of insurance.
• 45-9-22. Payment of claims or judgment against members of municipal, county, or other public body.
• 45-9-23. Waiver of immunity from action.

Employees Operating State Motor Vehicles. Article 4

• 45-9-40 through 45-9-43 [Repealed].

Indemnification of Public Officers and Employees Generally. Article 4A

• 45-9-60. Indemnification of public officers or officials subjected to liability; opinion of Attorney General or Governor that liability not breach of duty.
• 45-9-61. Benefit derived under article declared to be compensation.
• 45-9-62. Applicability of article.

Indemnification of Public School Teachers and Employees. Article 5

• 45-9-70. Purpose of article.
• 45-9-71. Definitions.
• 45-9-72. Establishment of indemnification program.
• 45-9-73. Indemnification commission created; composition; assignment to Department of Administrative Services for administrative purposes.
• 45-9-74. Commission to promulgate rules and regulations; use of personnel and resources of other agencies.
• 45-9-75. Georgia Public School Personnel Indemnification Fund - Creation; general provisions.
• 45-9-76. Georgia Public School Personnel Indemnification Fund - Revenues from sale of license plates; funds from other sources.
• 45-9-77. Georgia Public School Personnel Indemnification Fund - Authority of Department of Administrative Services.
• 45-9-78. Payment of indemnification for death or disability generally; designation of method of payment; procedure for making payments.
• 45-9-79. Insufficient funds; procedure for making payments.
• 45-9-79.1. Application for indemnification.
• 45-9-79.2. Indemnification not taxable.
• 45-9-79.3. Indemnification not to be awarded when penal violation caused or contributed to death or disability.
• 45-9-79.4. Annual report to General Assembly.
• 45-9-79.5. Giving false information or testimony; liability to state.

Law Enforcement Officers, Firemen, Prison Guards,

and Publicly Employed Emergency Medical

Technicians. Part 1

• 45-9-80. Purpose of part [Repealed].
• 45-9-81. Definitions.
• 45-9-82. Establishment of indemnification program.
• 45-9-83. Indemnification commission created; composition; assignment to Department of Administrative Services for administrative purposes; meetings.
• 45-9-84. Appeals of department decisions; use of personnel and resources of other agencies.
• 45-9-84.1. Georgia State Indemnification Fund - Creation; administration; investment fund paid over to Office of the State Treasurer.
• 45-9-84.2. Georgia State Indemnification Fund - Authorization for appropriation of moneys to the fund; moneys from other sources.
• 45-9-84.3. Georgia State Indemnification Fund - Authority of department as to payments from fund.
• 45-9-85. Payment of indemnification for death or disability; procedure for making payments; appeal.
• 45-9-86. Application for indemnification.
• 45-9-86.1, 45-9-86.2 [Repealed].
• 45-9-87. Indemnification not taxable.
• 45-9-88. Indemnification not to be awarded when penal violation, suicide, intentionally self-inflicted injuries, natural causes, or performance of certain routine duties caused or contributed to death or disability.
• 45-9-89. Annual report to General Assembly.
• 45-9-90. Giving false information or testimony.
• 45-9-91. Redesignated.

Part 2 TEMPORARY DISABILITY COMPENSATION PROGRAM.

• 45-9-100. Purpose.
• 45-9-101. Definitions.
• 45-9-102. Payment of compensation; limitation; benefits subordinate to workers' compensation benefits; appeal of decision.
• 45-9-103. Submission of application.
• 45-9-104. Compensation not to be awarded when penal violation, intentionally self-inflicted injuries, natural causes, or performance of certain routine duties caused or contributed to disability.
• 45-9-105. Giving false information or testimony; penalty.
• 45-9-106. Redesignated.

Article 5A Indemnification of Public School Teachers and Employees [Redesignated].

Article 6 Consolidation of Unemployment Compensation Claim Matters

under Commissioner of Administrative

Services. Cross references. - Compensation of employees of state institutions who contract tuberculosis or infectious hepatitis, T. 31, Ch. 29 .

• 45-9-110. Authorization for consolidation; billing procedure; reserve fund; investment of funds; contracting for services; unemployment compensation benefits to certain county employees.

Chapter 10. Codes of Ethics and Conflicts of Interest, 45-10-1 through 45-10-92.

Article 1 Codes of Ethics.

• 45-10-1. Code of ethics for government service generally - Establishment and text.
• 45-10-2. Secretary of State to print and distribute code of ethics.
• 45-10-3. Code of ethics for members of boards, commissions, and authorities - Establishment and text.
• 45-10-4. Code of ethics for members of boards, commissions, and authorities - Hearing; notice; removal of member from office; filling vacancies; judicial review.
• 45-10-5. Authority to enact rules and regulations.

Article 2 Conflicts of Interest.

Part 1 GENERAL PROVISIONS.

• 45-10-20. Definitions.
• 45-10-21. Legislative purposes and intent.
• 45-10-22. Full-time public officials with state-wide powers prohibitions; public officials or employees with limited powers prohibitions.
• 45-10-23. Full-time employees prohibited from transacting business with own state agency; exception for Board of Regents employees.
• 45-10-24. Part-time public officials with state-wide powers prohibitions; part-time employees prohibitions; exceptions to prohibitions.
• 45-10-24.1. Exemption for transactions by family owned business when university system employee has interest; requirements.
• 45-10-25. Exceptions to prohibitions on transactions with state agencies.
• 45-10-26. Annual disclosure statements concerning business transactions with state; public records.
• 45-10-27. Construction of part with provisions, rules, and regulations of Chapter 20 of this title.
• 45-10-28. Penalties for violation of part; civil actions by Attorney General to collect penalties; violations by public official, agency head, or employee.
• 45-10-29. Public officials prohibited from granting themselves licenses by waiving certain requirements; requirements to be satisfied prior to renewal of licenses; penalties for violations.

Part 2 Contracts of Officers of State

Institutions with State Institutions.

• 45-10-40. Contracting with state institutions not allowed; exceptions.
• 45-10-41. Penalty for profiting from contracts with state institutions generally; discharge from office.
• 45-10-42. Reporters for State Board of Workers' Compensation may sell transcripts to state agencies.

Part 3 CONTRACTS OF COUNTY COMMISSIONERS WITH COUNTY.

• 45-10-60. Requirements for sales of real property by county commissioner to county.

Part 4 HOLDING OF ADDITIONAL OFFICES BY NONELECTIVE STATE OFFICERS OR EMPLOYEES.

• 45-10-70. Holding office in political subdivision, political party, or political organization by nonelective state officers or employees.

Part 5 FAMILY MEMBERS OF PUBLIC EMPLOYEES.

• 45-10-80. Public officers prohibited from advancing, employing, or advocating the employment of family members.

Part 6 LEGISLATIVE ETHICS.

• 45-10-90. Definitions.
• 45-10-91. Method of addressing improper conduct.
• 45-10-92. Abuse of power and improper use of state employees by General Assembly members.

CODE OF ETHICS FOR GOVERNMENT SERVICE Any person in government service should:

Chapter 11. Miscellaneous Offenses Concerning Public Officers and Employees, 45-11-1 through 45-11-10.

• 45-11-1. Offenses involving public records, documents, and other items.
• 45-11-2. Selling office or dividing fees.
• 45-11-3. Assault under color of office.
• 45-11-4. Unprofessional conduct; misdemeanor; applicability.
• 45-11-5. Extortion generally.
• 45-11-6. Demanding more than legal fees for advertising.
• 45-11-7. Retaining compensation for legal advertisements.
• 45-11-8. Engaging in bail bond business.
• 45-11-9. Discrimination against optometrists or physicians in suggestions for visual care.
• 45-11-10. Coercion of other officer or employee to give anything of value for political purposes.

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

Article 1 General Provisions.

• 45-12-1. Election.
• 45-12-2. Inauguration.
• 45-12-3. Entry of inauguration upon House journal; evidence of Governor's right, title, eligibility, and qualification.
• 45-12-4. Oath of office.
• 45-12-5. Seal.
• 45-12-6. Executive office; Governor's residence.
• 45-12-7. Resignation; vacancy due to other causes; Lieutenant Governor to take oath; procedure.

Article 2 Powers and Duties Generally.

• 45-12-20. Grant of commissions.
• 45-12-21. Issuance of warrants for payments from treasury.
• 45-12-22. Suspension of collection of taxes.
• 45-12-23. Incapacity of Commissioner of Insurance.
• 45-12-24. Proceedings upon cessation of incapacity; payment of salary of officer during period of incapacity.
• 45-12-25. Books of record to be maintained by Governor.
• 45-12-26. Defense of action in which state has interest.
• 45-12-27. Calling out militia to execute laws.
• 45-12-28. Calling out militia for defense of state in case of invasion or insurrection.
• 45-12-29. Powers to prevent violence and maintain order - General authority.
• 45-12-30. Powers to prevent violence and maintain order - Proclamation of emergency; issuance and enforcement of orders.
• 45-12-31. Powers to prevent violence and maintain order - Filing of proclamation; powers of Governor over civil and military officials generally.
• 45-12-32. Powers to prevent violence and maintain order - Promulgation and enforcement of emergency rules and regulations.
• 45-12-33. Powers to prevent violence and maintain order - Publishing and posting of emergency rules and regulations.
• 45-12-34. Powers to prevent violence and maintain order - Enforcement of rules and regulations.
• 45-12-35. Reward for detection or apprehension of perpetrators of felonies or cattle, horse, or swine thieves.
• 45-12-36. Reward for information leading to identification, apprehension, and conviction of persons who cause the death of a law enforcement officer.
• 45-12-37. Reward for information leading to arrest and conviction of person selling dangerous or narcotic drugs generally; rewards by counties and municipalities.
• 45-12-38. Temporary transfer of institution between departments or agencies authorized; special report to General Assembly.
• 45-12-39. Annual report to General Assembly on administration's policies and goals.
• 45-12-40. Cooperation with other states on federal grants.
• 45-12-41. Governor's delegation of powers under applicable federal transportation planning and air quality laws and regulations.

Article 3 Appointments and Vacancies.

• 45-12-50. Duty to appoint officers and fill vacancies.
• 45-12-51. General power to engage services of any person.
• 45-12-52. Filling of vacancies when advice and consent of Senate required; interim appointment.
• 45-12-53. Appointments not subject to Senate confirmation.
• 45-12-54. Appointments to boards, commissions, and bureaus subject to Senate confirmation.
• 45-12-55. Governor authorized to appoint attorneys as executive counsel; compensation.
• 45-12-56. Appointment of secretaries and clerical personnel; compensation.
• 45-12-57. Governor's messenger - Authority to appoint; compensation.
• 45-12-58. Governor's messenger - Duties.
• 45-12-59. Governor's messenger - Special messenger.
• 45-12-60. Payment of compensation of persons whose compensation not prescribed.
• 45-12-61. Campaign contributions and judicial appointments.

Article 4 Office of Planning and Budget.

Part 1 MANAGEMENT OF BUDGETARY AND FINANCIAL AFFAIRS.

• 45-12-70. Short title.
• 45-12-71. Definitions.
• 45-12-72. Establishment of Office of Planning and Budget; general provisions.
• 45-12-73. Powers and duties generally.
• 45-12-74. Budget report - Preparation and submission to General Assembly.
• 45-12-75. Budget report - Contents and form.
• 45-12-75.1. (Repealed effective June 30, 2020) Zero-base budgeting; intent; departmental priority lists.
• 45-12-76. Limitations on appropriations by General Assembly; supplementary appropriations.
• 45-12-77. Requirement of emergency appropriation; manner of allocation.
• 45-12-78. Heads of budget units to submit annual estimates; preparation and submission of budget estimates of legislative and judicial agencies; review of budget estimates by Office of Planning and Budget.
• 45-12-79. Governor to examine estimates and make revisions; budget report printing and transmission to General Assembly; examination of report by Governor-elect and his designated budget representatives.
• 45-12-80. Appropriations Act to adopt financial plans; effect of annual appropriation Acts; supplementary appropriations Acts; submission of budget to Office of Planning and Budget.
• 45-12-81. Procedure and restriction for expenditures by state and budget units thereof.
• 45-12-82. Periodic work programs to be filed; funds not to be allotted until program approved; content and form of program; amendment of program; filing of copies of program.
• 45-12-83. Requirement of filing of requests by budget units for allotment of funds; time and form of requests.
• 45-12-83.1. Display of state flag by agencies.
• 45-12-84. Review of periodic work programs and requests for allotment of funds generally.
• 45-12-85. Examination and investigation of periodic work programs and requests for allotment of funds.
• 45-12-86. 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.
• 45-12-87. Requirement of authorization of payments and obligation; liability of persons authorizing payments or receiving payments.
• 45-12-88. Budget units to furnish information to Budgetary Responsibility Oversight Committee before instituting new programs.
• 45-12-89. Appropriations not expended or obligated at end of fiscal year to lapse.
• 45-12-90. Disposition of appropriation for duties, purposes, and objects which have been transferred.
• 45-12-91. Federal funds received by state continually appropriated.
• 45-12-92. Revenue collections to be paid to state treasury on monthly basis; effect of failure of budget unit to comply with Code section; user fee defined; reporting.
• 45-12-92.1. Fees which are not revenue measures; utilization of proceeds.
• 45-12-92.2. Definitions; procedures involving solid waste disposal surcharge and tire disposal fees; conditions; appropriation.
• 45-12-93. Revenue shortfall reserve; reservation of surplus state funds; appropriation and release of funds; limitations.
• 45-12-94. Striking of name of employee from requisition for allotment of funds.
• 45-12-95. Duty of Office of Planning and Budget to encourage state agencies to identify and implement cost-saving measures and to decentralize state government.

Part 2 Review of Applications for Federal

Assistance and State Contracts. Subpart 1

Federal Assistance. Subpart 2

• 45-12-110. Notification of intention to apply for federal assistance; adoption and promulgation of rules and regulations and forms.
• 45-12-111. Legislative budget analyst to analyze impact of proposed federal assistance project; forwarding of copy of analysis to General Assembly members.
• 45-12-112. Duties of director of Office of Planning and Budget.

State Contracts. Part 3

• 45-12-130. State contracts over $5,000.00 voidable without certain approval.
• 45-12-131. Office of Planning and Budget to review and approve contracts; exempting of contracts.
• 45-12-132. Contracts exempt from subpart.

• 45-12-150 through 45-12-158 [Repealed].

Part 4 STATE PLANNING AND DEVELOPMENT.

• 45-12-170. Office of Planning and Budget to perform planning and development function; powers and duties generally; recommendations of planned communities for state development assistance [Repealed].
• 45-12-171. Office to be principal state agency for coordinating development, demographic data, statistical coordination, and federal programs; applications for and receipt of financial assistance.
• 45-12-172. Office to review and comment on proposed development programs and serve as liaison with levels of government.
• 45-12-173. Office to promote state development; duties of Governor; employment of personnel; furnishing of advice and assistance by other state officials.
• 45-12-174. Development functions of office generally.
• 45-12-175. Preparation of long-range development plans by office; designation of planning officer or representative by departments, agencies, or institutions.
• 45-12-176. Preparation and maintenance of inventory of federal programs and projects; filing of plans with office.
• 45-12-177. Office to review and establish state goals and policies; Governor to prepare annual policy document reflecting state strategic plan.
• 45-12-178. Ongoing review by Governor of all programs and functions in state government.

Article 5 Gubernatorial Transition.

• 45-12-190. Short title.
• 45-12-191. Legislative intent and purpose of article.
• 45-12-192. "Governor-elect" defined.
• 45-12-193. Services and facilities to be provided to Governor-elect; compensation of staff members; limitation on expenditure of funds; designation of assistant to make designation or findings of necessity.
• 45-12-194. Services and facilities to be provided to former Governor.
• 45-12-195. Appropriation of funds for gubernatorial transition.

Article 6 Planning and Development.

• 45-12-200. Legislative findings and purpose.
• 45-12-201. Definitions.
• 45-12-202. Governor's Development Council created.
• 45-12-203. Council membership; chair; meetings.
• 45-12-204. Powers and duties of council.
• 45-12-205. Attachment to Department of Community Affairs; technical support.
• 45-12-206. Cooperation of state agencies, counties, municipalities, and other political subdivisions with council.
• 45-12-207. Construction of article.

Chapter 13. Secretary of State, 45-13-1 through 45-13-85.

Subpart 1 Federal Assistance

Subpart 2 State Contracts

Article 1 General Provisions.

• 45-13-1. Election.
• 45-13-2. Bond.
• 45-13-3. Office; residence.
• 45-13-4. Compensation.
• 45-13-5. Speculation on purchase or sale of wild lands.

Article 2 Powers and Duties Generally.

• 45-13-20. Duties of Secretary of State generally.
• 45-13-21. Duty to prepare and deliver commissions, dedimus potestatems, and bonds to Governor for signature; executive secretary to submit Governor's appointments for preparation of commissions, dedimus potestatems, and bonds.
• 45-13-22. Distribution of Georgia Laws and journals of House and Senate; pricing.
• 45-13-23. Duty to provide legislative Acts to Office of Legislative Counsel [Repealed].
• 45-13-24. Duty to provide Acts requiring referendums to local election officials.
• 45-13-25. Employment of assistants to discharge functions imposed by Chapter 5 of Title 10, the "Georgia Uniform Securities Act of 2008."
• 45-13-26. Designation of employees as agents to accept service of process; powers of designees; fees for acceptance of process.
• 45-13-27. Official directory of state and county officials and officers.
• 45-13-28. Prescription of user fees for public information services and materials.
• 45-13-29. Commission for the Celebration of 250 Years of Representative Government in Georgia; creation; purpose; membership; powers; reimbursement; termination [Repealed].

Article 3 World War I Centennial Commission.

• 45-13-40. Creation; membership; chairperson and vice chairperson; bylaws.
• 45-13-41. Administrative assignment of commission to office of Board of Regents of University System of Georgia; support staff and facilities; Attorney General to provide legal counsel.
• 45-13-42. Purpose of commission.
• 45-13-43. Authority to hold hearings, take testimony, and receive evidence.
• 45-13-44. Solicitation of information from state departments and agencies.
• 45-13-45. Authority to enter into contracts, leases, or other agreements.
• 45-13-46. Sources of funding.
• 45-13-47. Reporting requirements.
• 45-13-48. Termination.
• 45-13-49 through 45-13-50. [Repealed].
• 45-13-51. Reserved and redesignated.

Article 3A Historical Records Advisory Board.

• 45-13-55, 45-13-56. Redesignated.

Article 3B Commission on Georgia History and Historical Tourism.

• 45-13-58. Purpose; membership; staff support; meetings; funding; powers and authority; termination [Repealed].

Article 4 Georgia Capitol Museum.

Part 1 GENERAL PROVISIONS.

• 45-13-60 through 45-13-62 [Repealed].

Part 2 CAPITOL ART STANDARDS COMMISSION.

• 45-13-70. Creation of commission; membership; appointment; staffing.
• 45-13-71. Duties and responsibilities of commission.
• 45-13-72. Submission of recommendations to achieve highest museum standards; designation of area as Georgia Capitol Agricultural History Museum.
• 45-13-73. Funding; acceptance of gifts and donations.
• 45-13-74. Provisions are general law; no special law regarding capitol artwork.

Article 5 Disposition of Surplus State Books.

• 45-13-80 through 45-13-85. Redesignated.

Chapter 14. Commissioner of Insurance, 45-14-1 through 45-14-10.

Article 1 General Provisions.

• 45-14-1. Election.
• 45-14-2. Bond.
• 45-14-3. Duties as Safety Fire Commissioner and Industrial Loan Commissioner.
• 45-14-4. Compensation of Commissioner and office employees.
• 45-14-5. Seal.
• 45-14-6 through 45-14-9. [Redesignated].
• 45-14-10. Preparation of statement of account, etc., upon leaving office; declaring of vacancy in office and appointment of successor by Governor [Repealed].

Article 2 Comptroller General.

• 45-14-20 through 45-14-23 [Repealed].

Chapter 15. Attorney General, 45-15-1 through 45-15-70.

Article 1 General Provisions.

• 45-15-1. Election.
• 45-15-2. Compensation.
• 45-15-3. Duties generally.
• 45-15-4. Attorney General authorized to employ private counsel.
• 45-15-5. Payment for services of private counsel.
• 45-15-6. Representation of state in court of competent jurisdiction.
• 45-15-7. Discretion of comptroller general as to requirement of services of Attorney General or of district attorneys.
• 45-15-8. Performance of legal services for Western & Atlantic Railroad.
• 45-15-9. Representation of state in United States Supreme Court and beyond state limits.
• 45-15-10. Attorney General authorized to prosecute for violations while dealing with or for state; assistance by state court prosecuting officers; commencement of civil forfeiture proceedings.
• 45-15-11. Notification of Attorney General prior to presenting indictment to grand jury charging state officials.
• 45-15-12. Attorney General authorized to prosecute civil recovery actions for violations while dealing with state or officials, employees, or entities thereof.
• 45-15-13. (For effective date, see note.) Representation of state authorities by Attorney General.
• 45-15-14. Exclusive authority in law matters; employment of other counsel by state authorities; designation and assignment of assistant attorneys general to perform legal services for authorities.
• 45-15-15. Attorney General to submit statement to state authority for legal services; contents; advance approval of state authority director.
• 45-15-16. State authority to reimburse department for legal services.
• 45-15-17. Power to conduct investigations generally; issuance and enforcement of subpoenas.
• 45-15-18. Governor may direct Attorney General to conduct investigations of departments, state officials or employees or entities dealing with state; prosecution of actions; appointment of special attorney general.
• 45-15-19. Governor and General Assembly authorized to make investigations; designation of district attorney to act for state in action against Attorney General.
• 45-15-20. Charge, demand, or receipt by Attorney General of fee, perquisite, or compensation other than salary in case where state interested.

Article 2 Department of Law.

• 45-15-30. Created; assistants, deputies, and other personnel; determination of duties, salaries, and promotions; limitation on private practice of law; disclosure requirement for assistant attorney general representing criminal defendant.
• 45-15-31. Appointment, compensation, and removal of assistant and deputy attorneys general and law assistants.
• 45-15-32. Employment of clerical assistants for department.
• 45-15-33. Employees of department not to receive remuneration of any kind or reimbursement other than provided by article; exception.
• 45-15-34. Department as exclusive authority for executive branch in law matters.
• 45-15-35. Power of Governor to direct institution of proceedings and litigation by department.
• 45-15-35.1. Governor's power to seek preclearance of any change affecting voting pursuant to Section 5 of the federal Voting Rights Act of 1965 [Repealed].
• 45-15-36. Reimbursement of department by other state agencies for litigation expenses; submission to agency of statement of expenses.
• 45-15-37. Reimbursement of department by state retirement systems or Board of Workers' Compensation for services; statement of expenses; advance approval of services.

Article 3 Removal of Attorney General for Incapacity.

• 45-15-50 through 45-15-57 [Repealed].

Article 4 Counsel for Public Officials and Agencies.

• 45-15-70. Governor authorized to provide counsel for public officials and agencies; fees and costs to be paid by state.

Chapter 16. Coroners, 45-16-1 through 45-16-80.

Article 1 General Provisions.

• 45-16-1. Election, commission, removal; qualifications; affidavit of qualification.
• 45-16-2. Appointment of coroners where coroners not elected; filling vacancies.
• 45-16-3. Oath.
• 45-16-4. Bond generally; liability for moneys collected or failing to do duties.
• 45-16-5. Additional bond when acting for sheriff.
• 45-16-6. Participation in training course.
• 45-16-7. Appointment of deputy coroners; oath, bond, fees, powers, and qualifications.
• 45-16-8. Service of process when sheriff disqualified.
• 45-16-9. Fees.
• 45-16-10. Furnishing information to out-of-state coroners.
• 45-16-11. Compensation of county coroners; increases; calculation; supplements; expenses.
• 45-16-11.1. Compensation of county coroners for inmate deaths in state correctional institutions.
• 45-16-11.2. Monthly contingent expense allowance for the operation of the office of coroner.

Article 2 Death Investigations.

• 45-16-20. Short title.
• 45-16-21. Definitions.
• 45-16-22. Medical examiners' inquiries - Facilities, persons authorized to perform inquiries, payment of fees, jurisdiction, and clerical and secretarial assistance.
• 45-16-23. Delegation of power by coroner or county medical examiner; qualifications of those authorized to perform examinations.
• 45-16-24. Notification of suspicious or unusual deaths; court ordered medical examiner's inquiry; written report of inquiry.
• 45-16-25. Coroner's or county medical examiner's duties after notice of suspicious or unusual death; embalmment; inventory and disposition of deceased's property; use of deceased's property for evidence; autopsy required.
• 45-16-25.1. Releasing remains of deceased to next of kin; exception.
• 45-16-26. Assumption of duties by medical examiner in absence of coroner or deputy coroner; signing of death certificates.
• 45-16-27. When inquest to be held; special situations; coroner's fee; issuance of subpoenas; cost of copying; limited disclosure of photographs.
• 45-16-27.1. Medical examination of unexpected or unexplained death of person under seven years of age.
• 45-16-28. Performance of autopsy when not required under Code Section 45-16-24.
• 45-16-29. Removal of body generally.
• 45-16-30. Transport of body across state line.
• 45-16-31. Authorization of removal of body for convenience of examination; investigation of premises before removal.
• 45-16-32. Report of examination and investigation; maintenance of copies; verification of foul play by forensic laboratory; transmittal of copies of reports to district attorneys.
• 45-16-33. Coroner to make inquest upon completion of examination and verification.
• 45-16-34. Issuance of subpoenas; administration of oath to witnesses.
• 45-16-35. Coroner to require material witnesses to enter into recognizance; petition for issuance of warrant for arrest of suspected person.
• 45-16-36. Impaneling of jury to hold inquest; compensation of jurors.
• 45-16-37. When jury to be impaneled; jury not required to view body.
• 45-16-38. Issuance of precept to sheriff to summon inquest jury; form.
• 45-16-39. Oath for foreperson and jury of inquest.
• 45-16-40. Coroner's charge to jury; power of jury.
• 45-16-41. Defaulting juror to be fined by coroner.
• 45-16-42. Offering in evidence of results of examination.
• 45-16-43. Receipt as evidence of records, findings, and reports of medical examiners' inquiries [Repealed].
• 45-16-44. Disposition of bodies after examination and inquest; payment of burial expenses from deceased's estate.
• 45-16-45. Authority of coroners and medical examiners to disinter bodies.
• 45-16-46. Obtaining blood sample when person unable to consent; analysis of blood specimens; certified report.
• 45-16-47. Penalty for violation of article.
• 45-16-48. Coroner's employment of court reporter.
• 45-16-49. Fees.
• 45-16-50. Providing biological substances to canine instructors or schools.
• 45-16-51. Interment of unidentified human remains; disinterment for identification.

Article 3 Georgia Coroner's Training Council.

• 45-16-60. Short title.
• 45-16-61. Definitions.
• 45-16-62. Council established; membership; terms of office; curriculum advisory committee; filling of vacancies.
• 45-16-63. Oath of office; issuance of certificates of appointment.
• 45-16-64. Council officers; quorum; record keeping; annual reports.
• 45-16-65. Powers and duties of council generally.
• 45-16-66. Annual training requirement for certified coroners; fees.
• 45-16-67. Actions to restrain violations of this article.

Article 4 Office of Medical Examiner.

• 45-16-80. Abolition of office of coroner; qualifications, appointment, compensation, powers, and duties of medical examiners.

Chapter 17. Notaries Public, 45-17-1 through 45-17-34.

Article 1 General Provisions.

• 45-17-1. Definitions.
• 45-17-1.1. Power to appoint notaries public.
• 45-17-2. Qualifications of notaries.
• 45-17-2.1. Application to be a notary; endorsements and declarations.
• 45-17-2.2. Application information to be matter of public record.
• 45-17-2.3. Grant or denial of commission or recommission; grounds; unauthorized practice of law.
• 45-17-3. Oath of office.
• 45-17-4. Fees; Secretary of State to keep record of notaries appointed; reappointment.
• 45-17-5. Term of office; revocation; renewal of commission; issuance of certificates of appointment; record of appointments; misrepresentation as notary.
• 45-17-6. Seal of office.
• 45-17-7. Commissioning of nonresidents as notaries; powers and duties.
• 45-17-8. Powers and duties generally.
• 45-17-8.1. Signature and date of notarial act.
• 45-17-8.2. Misrepresentation prohibited; required notice; posting of schedule of fees; penalties.
• 45-17-9. Where notarial acts may be exercised.
• 45-17-10. Notary's authority in relation to attachment, garnishment, or dispossessory action.
• 45-17-11. Fees of notaries.
• 45-17-12. Authority of notaries who are stockholders, directors, officers, or employees of banks or other corporations to witness execution of written instruments.
• 45-17-13. Change of residence, address, or name.
• 45-17-14. Notice of loss or theft of notarial seal.
• 45-17-15. Revocation of commission; denial of reappointment.
• 45-17-16. Revocation of commission; return of papers; destruction of seal.
• 45-17-17. Resignation of commission; return of papers; destruction of seal.
• 45-17-18. Destruction of seal upon expiration or denial of renewal of commission.
• 45-17-19. Authenticity of official signature and term of office; fees; apostille.
• 45-17-20. Penalty; prosecution of violations of article.

Article 2 Officers of Armed Forces as Ex Officio Notaries.

• 45-17-30. Commissioned officers of armed services constituted as ex officio notaries; authority generally; effect of acts generally; no seal required.
• 45-17-31. Persons authorized to have notarial acts performed by commissioned officers.
• 45-17-32. Validity and effect of notarial acts.
• 45-17-33. Sufficiency of certification generally; effect of failure to state place of execution or acknowledgment.
• 45-17-34. Signature, rank, and branch of officer as proof of authority; action by officer as prima-facie evidence.

Chapter 18. Employees' Insurance and Benefits Plans, 45-18-1 through 45-18-105.

Article 1 State Employees' Health Insurance Plan and Post-employment Health Benefit Fund.

Part 1 STATE EMPLOYEES' HEALTH INSURANCE PLAN.

• 45-18-1. Definitions.
• 45-18-2. Authority to establish health insurance plan; rules and regulations; plan generally; coverage for retiring or retired employees.
• 45-18-3. Design of plan.
• 45-18-4. Expenses not to be covered by plan.
• 45-18-5. County officers and employees.
• 45-18-5.1. Licensed blind or otherwise seriously disabled vendors.
• 45-18-5.2. Sheltered employment center employees.
• 45-18-6. Contracts to provide insurance benefits; invitation of proposals; reinsurance agreements; issuance of certificates of coverage; redetermination of contracts; self-insurance plans; contracts for administrative services; contracts with health maintenance organizations.
• 45-18-7. Retiring employees, spouses, and dependents.
• 45-18-7.1. Employees of the Georgia Development Authority.
• 45-18-7.2. Agrirama Development Authority employees [Repealed].
• 45-18-7.3. Employees of Peace Officers' Annuity and Benefit Fund, Georgia Firefighters' Pension Fund, and Sheriffs' Retirement Fund of Georgia, spouses, and dependent children.
• 45-18-7.4. Employees of Hazardous Waste Management Authority [Repealed].
• 45-18-7.5. Employees of Georgia Housing and Finance Authority, spouses, and dependent children.
• 45-18-7.6. Employees of Georgia-Federal State Inspection Service, spouses, and dependent children.
• 45-18-7.7. Employees and dependents of critical access hospitals in health plans.
• 45-18-7.8. Employees of the Georgia Student Finance Authority.
• 45-18-8. Right of employees to secure coverage for spouse and dependents; regulations.
• 45-18-9. Continuation of coverage for spouse or dependents of deceased employees; resumption of coverage; payment of contributions; regulating continuance, discontinuance, and resumption of coverage.
• 45-18-10. Right of continuation of coverage for former employees; payment of premiums; establishment of terms and conditions by board; appointment as United States attorney.
• 45-18-11. Procedure for presentation of claims and payment of benefits.
• 45-18-12. Creation of health insurance fund; amounts credited to fund; special reserve; administrator and custodian of fund.
• 45-18-13. Deposit of amounts from health insurance fund available for investment in trust account; investment of funds; withdrawal of funds from trust account.
• 45-18-14. Deductions from compensation and benefit payments of share of cost of coverage under plan of employees; payment of contributions to health insurance fund by departments, boards, and agencies of state; coverage of employee appealing discharge.
• 45-18-15. Rules and regulations for administration of part; board to recommend to General Assembly schedule of maximum fees for hospitals and practitioners.
• 45-18-16. Certification of employer payment percentage for ensuing fiscal year; provision in budgets for funds for employer payments.
• 45-18-17. Employees to become members of plan unless coverage rejected or waived; withdrawal from plan by persons covered by Social Security medical care.
• 45-18-18. Discharge of certain debts or obligations due health insurance fund.
• 45-18-19. Confidentiality of claim forms and records.
• 45-18-20. Fiscal note required for bills impacting employees' health insurance plans.
• 45-18-21. Deposit of employer and retiree contributions into the Georgia Retiree Health Benefit Fund.

Part 2 STATE EMPLOYEES POST-EMPLOYMENT HEALTH BENEFIT FUND.

• 45-18-24. Definitions.
• 45-18-25. Creation of Georgia State Employees Post-employment Health Benefit Fund; identification and transfer of funds from Georgia Retiree Health Benefit Fund; how funds used.
• 45-18-25.1. Responsibilities and procedures for fund operation; rules and regulations; employment of personnel and professionals; maintenance of records; collection of moneys; report.
• 45-18-26. Technical advice; annual actuarial valuations.
• 45-18-27. Control of fund by commissioner; obligations to be paid from fund; investment powers; prohibition against personal interest.
• 45-18-28. Minimum annual required contributions; employer responsibilities.

Article 2 Deferred Compensation Plans.

• 45-18-30. "Employee" defined.
• 45-18-31. Deferred compensation plans authorized for state, municipalities, counties, or other political subdivisions.
• 45-18-32. Administration of plans; participation by employees of county boards of health, school systems, Lake Allatoona Preservation Authority, the Georgia Federal-State Shipping Point Inspection Service, and the Georgia Firefighters' Pension Fund; provision in plans for income tax deferral benefits.
• 45-18-33. Payments from deferred compensation funds for purchase of insurance, endowments, annuities, mutual funds, or savings from funds derived from deferral; custodian of assets of the fund.
• 45-18-34. Plans not to reduce pensions or other benefits.
• 45-18-35. Plans to operate without cost to state, counties, cities, or other political subdivisions.
• 45-18-36. Salary deductions; records of individual account information.
• 45-18-37. Special pay plan for deferred payment of special compensation to reduce federal tax burden [Repealed].
• 45-18-38. Board of Trustees of the Employees' Retirement System to be the successor to the State Personnel Board and Employee Benefit Council for administration of deferred compensation plans; employment of and contracting with agents.

Article 3 Employee Benefit Plan Council.

• 45-18-50. Definitions.
• 45-18-51. Creation and operation of council.
• 45-18-52. Establishment of flexible employee benefit plans.
• 45-18-53. Authorization for payroll deductions.
• 45-18-54. Continuation of optional plans; approval of optional plans or contracting with new or additional insurers.
• 45-18-55. Commissioner of administrative services as executive officer and custodian.
• 45-18-56. Execution of contracts by commissioner; bidding procedure.
• 45-18-57. Contributions from state departments, boards, and agencies.
• 45-18-58. Liability for errors or omissions.

Article 4 Capitol Hill Day-care Center.

• 45-18-70. Establishment and operation.
• 45-18-71. Rules and regulations for personnel administration.
• 45-18-72. Start-up costs.

Article 5 Exemption of Certain Employees from Liability for Services at State Hospitals.

• 45-18-80. Certain employees retired prior to July 1, 1962, exempt from personal liability for services at state hospitals; cooperation in application and claims process.
• 45-18-81. Legislative intent.

Article 6 Retiree Health Benefit Fund.

• 45-18-100 through 45-18-105 [Repealed].

Chapter 19. Labor Practices, 45-19-1 through 45-19-46.

Article 1 Strikes by Public Employees.

• 45-19-1. Definitions; right to express complaints or opinions not impaired.
• 45-19-2. Public employees not to promote, participate in, or encourage strikes.
• 45-19-3. Supervising personnel not to authorize, approve, or consent to strikes.
• 45-19-4. Termination of employment, forfeiture of civil service status, job rights, seniority, and emoluments upon violation of Code Section 45-19-2; eligibility of employee for reappointment.
• 45-19-5. Action by person not a public employee to encourage strike.

Article 2 Fair Employment Practices.

• 45-19-20. Short title.
• 45-19-21. Purposes and construction of article.
• 45-19-22. Definitions.
• 45-19-23. Creation of Board of Commissioners of the Commission on Equal Opportunity; members; terms; officers; meetings; compensation of members; powers and duties of board; annual report to Governor and General Assembly; special masters' list.
• 45-19-24. Commission on Equal Opportunity created; administrator; assignment of commission to Governor for administrative purposes.
• 45-19-25. Function of administrator.
• 45-19-26. Role of Attorney General.
• 45-19-27. Additional powers and duties of administrator.
• 45-19-28. Limitation on provisions of article relating to age discrimination.
• 45-19-29. Unlawful practices generally.
• 45-19-30. Unlawful practices in training or apprenticeship programs.
• 45-19-31. Unlawful practices in advertisement of employment.
• 45-19-32. Unlawful practice for party to violate conciliation agreement.
• 45-19-33. Different standards of compensation or different terms and conditions of employment when not based on race, color, religion, sex, national origin, disability, or age.
• 45-19-34. Hiring, employing, or selecting for training programs when religion or national origin a bona fide occupational qualification.
• 45-19-35. Use of quotas because of imbalances in employee ratios prohibited; grants of preferential treatment to certain individuals or groups not required by article; adoption of plans required by Governor to reduce imbalance; effect of article upon certain employment practices.
• 45-19-36. Filing complaints of unlawful practice; action by administrator.
• 45-19-37. Appointment of special master to conduct hearing on complaint; procedure.
• 45-19-38. Findings, conclusions, and order of special master generally; order to cease and desist from unlawful practice and to take remedial action.
• 45-19-39. Appeal to superior court of final order of special master or complaint dismissed by administrator.
• 45-19-40. Entry of court judgment based upon final order of administrator or special master; notification of parties; effect of judgment.
• 45-19-41. Administrator to have exclusive jurisdiction over claims under article; final determination of claim bars further state actions.
• 45-19-42. Procurement of violation of article by person not subject thereto not a defense.
• 45-19-43. Access of administrator or designee to premises, records, and documents; persons required to make and keep employment records; application for relief from order due to hardship; unlawful to make information public.
• 45-19-44. Unlawful practices punishable by civil fine.
• 45-19-45. Unlawful conspiracies.
• 45-19-46. Overtime compensation.

Chapter 20. Personnel Administration, 45-20-1 through 45-20-111.

Article 1 General Provisions.

• 45-20-1. Purposes; principles.
• 45-20-2. Definitions.
• 45-20-3. Duties and functions of State Personnel Board generally; compensation; quorum.
• 45-20-3.1. Rule-making procedure.
• 45-20-4. Duties and responsibilities of commissioner in administration of this chapter.
• 45-20-5. Creation of Council for State Personnel Administration; membership; objectives; powers [Repealed].
• 45-20-6. Composition of classified and unclassified service; effect of exclusion from classified service on eligibility for membership in Employees' Retirement System of Georgia; working test period before obtaining rights of appeal.
• 45-20-7. Employees in legislative branch authorized to become covered employees; procedure [Repealed].
• 45-20-8. Procedure for adverse action against classified employees generally; appeals generally.
• 45-20-9. Procedure for hearings and appeals relating to adverse personnel actions.
• 45-20-10. Collection, compilation, consolidation, and submission of certain personnel data.
• 45-20-11, 45-20-12 [Repealed].
• 45-20-13, 45-20-14 [Repealed].
• 45-20-15. Confidentiality of information received by staff in counseling; exceptions [Repealed].
• 45-20-16. Rules for accrual of leave, holidays, and compensation for closing of state offices; utilization of accumulated sick leave; conversion to and use of personal leave; disapproval, contesting and reacquisition of sick leave.
• 45-20-17. Interdepartmental transfers [Repealed].
• 45-20-18. Loss of eligibility for wage incentive payment due to abuse of member of public.
• 45-20-19. Termination or elimination of positions or employees through reduction in force.
• 45-20-20. Eligible employees must register with Selective Service System; exemptions.
• 45-20-21. Performance management system.

Article 2 Leaves of Absence.

• 45-20-30. Leave of absence for blood donation.
• 45-20-31. Leave of absence for organ or bone marrow donation.
• 45-20-32. Limited paid leave for the purpose of promoting education.

Article 3 Voluntary Deductions from Wages or

Salaries of State Employees for Benefit of Charitable

Organizations. Article 4

• 45-20-50. Purpose of article.
• 45-20-51. Definitions.
• 45-20-52. Board as policy-setting body for administration of article; rules and regulations.
• 45-20-53. Deduction from salaries or wages for contribution to charitable organizations.
• 45-20-54. Disclosure of amounts or designations of authorized charitable deductions; pressure, coercion, or intimidation of employee with reference to deductions.
• 45-20-54.1. Promulgation of regulations regarding distribution of deducted funds; disposition of undesignated funds.
• 45-20-55. Reimbursement of cost of making deductions and remitting proceeds; delegation of activities related to management of funds.
• 45-20-56. Deduction and transmittal of funds as privilege; immunity from liability to employee or charitable organization for errors, omissions, or decisions regarding deductions; board as sole judge of eligibility of charitable organizations.

Employee Assistance Program. Article 5

• 45-20-70. "Employee assistance program" defined.
• 45-20-70.1. Program authorized.
• 45-20-71. Confidentiality of program related records or activities.

Random Drug Testing of Employees in High-risk Jobs. Article 6

• 45-20-90. Definitions.
• 45-20-91. Determination of employees subject to testing.
• 45-20-92. Rules adopted by State Personnel Board; certification of testing laboratories.
• 45-20-93. Grounds for termination from employment.

Drug Testing for State Employment. Cross references. - Disaster Volunteer Leave Act, § 38-3-90 et seq.

• 45-20-110. Definitions.
• 45-20-111. Analysis of positions warranting established test; testing requirements, cost, and procedure; disqualification from employment for refusing test or showing positive results.

Chapter 21. Employees' Suggestion and Meritorious Awards Program, 45-21-1 through 45-21-9.

• 45-21-1. Definitions.
• 45-21-2. Establishment of employees' suggestion and awards program; implementation.
• 45-21-3. Preparation of rules.
• 45-21-4. Employment of staff.
• 45-21-5. Creation of agency committees; agency committees to review suggestions and report to commissioner.
• 45-21-6. Further investigation of suggestions or ideas by commissioner; report of findings and recommendations; board to make final determination.
• 45-21-7. Awards to employees.
• 45-21-8. Costs to be borne by board and appointing authorities.
• 45-21-9. Incentive payments not to be included in calculation of retirement benefits.

Chapter 22. Public Employee Hazardous Chemical Protection and Right to Know, 45-22-1 through 45-22-12.

• 45-22-1. Short title.
• 45-22-2. Definitions.
• 45-22-3. Labeling requirements.
• 45-22-4. Responsibility of public contractors who introduce hazardous materials into workplace.
• 45-22-5. Exclusions from chapter; exclusions from labeling requirements.
• 45-22-6. Rules and regulations; consultation.
• 45-22-7. Material safety data sheets; notice to employees; rights of employees.
• 45-22-8. Information and training standards.
• 45-22-9. Publication by employers of list of hazardous chemicals in workplace.
• 45-22-10. Unlawful discharge, disciplining, or discrimination against employees.
• 45-22-11. Filing of employee grievances; termination of contract by employer for violation of Code Section 45-22-4; ability of employers to dismiss or discipline employees; judicial review of grievances.
• 45-22-12. Sovereign immunity.

Chapter 23. Drug-free Public Work Force, 45-23-1 through 45-23-9.

• 45-23-1. Short title.
• 45-23-2. Legislative finding and declaration.
• 45-23-3. Definitions.
• 45-23-4. Suspension or termination of public employee convicted of drug offense.
• 45-23-5. Ineligibility for public employment of person convicted of drug offense.
• 45-23-6. Additional or more stringent sanctions authorized.
• 45-23-7. Continuance of employment for drug user; requirements and procedure.
• 45-23-8. Administrative procedures.
• 45-23-9. Application of chapter.

Chapter 24. Governmental Reorganization and Termination From Employment Reform, 45-24-1 through 45-24-9.

• 45-24-1. Short title.
• 45-24-2. Definitions.
• 45-24-3. State Personnel Oversight Commission.
• 45-24-4. Commission to approve involuntary separation; compliance with Code Section 45-24-8 required for reorganization.
• 45-24-5. Notice to commission prior to involuntary separation.
• 45-24-6. Notice to chief executive officer of state departments; response required; proceedings when continued employment available; review of termination or separation.
• 45-24-7. Authorization to proceed with separation.
• 45-24-8. Proceedings for reorganization.
• 45-24-9. Notice of involuntary separation; taxpayers' pension advocate; providing briefs; attendance at commission meetings.