reglab/housing_qa huggingface dataset:
GA Code § 45-8-5 (2021)
2021 Georgia Code|Title 45 - Public Officers and Employees|Chapter 8 - Accounting for Public Funds|§ 45-8-5. Bonds - Fixing of Amount and Approval

 The amount of the bonds of collecting officers and officers to hold public funds shall be in the amount fixed by the proper authority, unless the amount is fixed by existing general laws, and shall be approved by the proper authority and filed as required by law. Except as otherwise provided in this Code section, the proper authority to fix the amount of bonds and to approve the same is the officer or officers upon whom those duties are imposed by existing laws. Where the law does not designate what officer shall perform these duties, the proper authority shall be the officer, board, bureau, or commission having supervision over the particular office or officer. Municipality or county authorities shall be deemed the proper authorities as to fixing the amount and approving bonds of municipality or county treasurers and those acting as substitutes for municipality or county treasurers under local laws and as to all other collecting officers and officers holding public funds, so far as relates to municipality or county taxes or revenue, and shall be deemed the proper authority as to requiring additional bonds or strengthening security on bonds, as to allowing reduction or substitution of bonds, and as to discharging bonds from future liability, so far as relates to such officers.   (Ga. L. 1933, p. 78, § 5; Code 1933, § 89-809.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 63C Am. Jur. 2d, Public Officers and Employees, § 136.   C.J.S.   - 67 C.J.S., Officers and Public Employees, §§ 473, 474, 480, 482.
GA Code § 45-8-6 (2021)
2021 Georgia Code|Title 45 - Public Officers and Employees|Chapter 8 - Accounting for Public Funds|§ 45-8-6. Bonds - Liability of New or Additional Bond for Defaults Occurring Prior to and Subsequent to Effective Date

 Where any collecting officer, officer to hold public funds, bank, or depository gives an additional bond or adds new security during his term, the bond in force at the time and securities thereon shall be liable for defaults occurring prior to the time the additional bond or security is given; and the existing bond or security and the additional bond or security shall be jointly, severally, and concurrently liable for subsequent defaults. If the order requiring a new bond so provides, the sureties on the old bond or bonds shall be discharged from future liability and the new bond alone shall be liable therefor. However, if the new bond so provides, it may assume concurrent liability with the old bond as to defaults occurring prior to the date of its being given, or, if the officer having the duty of approving the bond so consents, the new bond may assume sole liability from a date prior to the time of its being filed and the old bond or bonds may be discharged from liability from the date as of which such new bond is operative.   (Ga. L. 1933, p. 78, § 14; Code 1933, § 89-835.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 63C Am. Jur. 2d, Public Officers and Employees, §§ 130, 359.   C.J.S.   - 67 C.J.S., Officers and Public Employees, § 485.
GA Code § 45-8-7 (2021)
2021 Georgia Code|Title 45 - Public Officers and Employees|Chapter 8 - Accounting for Public Funds|§ 45-8-7. Bonds - Interest Against Principal and Surety Upon Breach of Bond; Additional Penalty for Bad Faith; Attorneys' Fees

 Upon breaches of the bond of any officer, bank, or depository, interest shall run against the principal on the bond at the rate of 7 percent per annum from the date of the breach and against the surety at the same rate from the date of the demand on the surety. If the breach shall involve dishonesty on the part of the officer or bank, the official or county authority having jurisdiction to cite the officer, or any court acquiring jurisdiction over the subject matter, may, as against the offending principal in the bond, impose an additional penalty of not more than 10 percent of the amount of the loss and a reasonable sum for attorneys' fees. This penalty and award of attorneys' fees may also be imposed upon the surety by any court acquiring jurisdiction of the subject matter, in the event it is shown that the surety has acted in bad faith and has been vexatiously litigious or that it has filed defensive proceedings for delay only. Existing laws imposing higher rates of interest or penalties upon principals or sureties upon any of such bonds are superseded by this Code section.   (Ga. L. 1933, p. 78, § 12; Code 1933, § 89-833.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 63C Am. Jur. 2d, Public Officers and Employees, § 354 et seq., §§ 493, 494.   C.J.S.   - 67 C.J.S., Officers and Public Employees, §§ 482, 486, 487.
GA Code § 45-8-8 (2021)
2021 Georgia Code|Title 45 - Public Officers and Employees|Chapter 8 - Accounting for Public Funds|§ 45-8-8. Bonds - When Principal and Surety Not Liable

  Neither the principal nor the surety on any bond of any collecting officer or any officer to hold public funds shall be liable for the failure of such officer to account for any public money coming into his hands which he shall have deposited in any designated depository or, if the proper authority shall have failed to designate a depository, in any bank selected by him, if it was deposited in the name of the public body to which it belongs, in his own name in his official title or with his official capacity disclosed, or if the bank receiving the same shall otherwise have notice of the public nature of the deposit, provided that said failure to account is attributable solely to the failure or insolvency of such depository.   Neither the principal nor the surety on the bond of the head of any state department or agency shall be liable for the failure of an employee of any such department or agency to account for any public money coming into the hands of such employee, if such employee is bonded in an amount deemed adequate by the head of the department or agency and the state auditor and the bond complies with this chapter.    (Ga. L. 1933, p. 78, § 13; Ga. L. 1964, p. 282, § 1.)   OPINIONS OF THE ATTORNEY GENERAL   Limitation on liability of principal and surety inapplicable when principal not bonded.    - A default by an employee in an obligation to account for the funds advanced to the employee for the purposes stated in Ga. L. 1973, p. 842, § 1 (see now O.C.G.A. § 45-7-25) was a failure "faithfully to account for all moneys coming into (his) hands," and thus was a claim cognizable under the bond required by former Code 1933, § 89-806 and Ga. L. 1964, p. 282, § 1 (see now O.C.G.A. §§ 45-8-2 and45-8-8); in the event the employee is not bonded as required by former Code 1933, § 89-806, then the limitation of liability with respect to the principal and surety on the bond of the head of that state department contained in Ga. L. 1964, p. 282, § 1 was no longer applicable and the historical rules of liability would in that event apply to the department head and surety. 1973 Op. Att'y Gen. No. 73-87.   RESEARCH REFERENCES   Am. Jur. 2d.   - 63C Am. Jur. 2d, Public Officers and Employees, §§ 351 et seq., 363, et seq.   C.J.S.   - 67 C.J.S., Officers and Public Employees, § 486.   ALR.    - Liability of public officer or his bond for loss of public funds due to insolvency of bank in which they were deposited, 93 A.L.R. 819; 155 A.L.R. 436.    Constitutionality of statutes relieving officer or public depository, or his surety, from liability for loss of public funds, 96 A.L.R. 295.
GA Code § 45-8-9 (2021)
2021 Georgia Code|Title 45 - Public Officers and Employees|Chapter 8 - Accounting for Public Funds|§ 45-8-9. Bonds - Limitation of Actions on Bonds

 No action on the bond of any collecting officer, officer to hold public funds, bank, or depository shall be maintained unless the action or proceeding is begun within six years from the date the alleged cause of action accrued; nor shall any action be maintained against any surety because of an alleged breach of the bond, unless, within three years from the date the alleged cause of action accrues, an action is begun against the surety or a citation is issued against the surety by the official, municipality, or county authority having jurisdiction to cite or an execution is issued against the surety as provided for in Code Section 45-8-25.   (Ga. L. 1933, p. 78, § 11; Code 1933, § 89-832.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 63C Am. Jur. 2d, Public Officers and Employees, § 455 et seq.   C.J.S.   - 67 C.J.S., Officers and Public Employees, § 494.
GA Code § 45-8-10 (2021)
2021 Georgia Code|Title 45 - Public Officers and Employees|Chapter 8 - Accounting for Public Funds|§ 45-8-10. Deposit of Funds in Banks or Depositories - Requirement Generally

 All funds belonging to the state or to any of its bureaus, commissions, boards, or departments shall be deposited in designated state depositories. Every collecting officer and every officer to hold public funds who receives any money belonging to any public body shall promptly deposit the money in a designated state depository.   (Ga. L. 1933, p. 78, § 6; Code 1933, § 89-810.)   Cross references.   - State depositories, § 50-17-50 et seq.   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); Harrison v. May, 228 Ga. 684, 187 S.E.2d 673 (1972).   OPINIONS OF THE ATTORNEY GENERAL   Deposit of funds exceeding insured amount.    - 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. §§ 45-8-13 and45-8-10). 1969 Op. Att'y Gen. No. 69-500.    A credit union is not a proper depository for public funds  belonging to or in the custody of a municipal corporation inasmuch as a credit union is not a bank. 1974 Op. Att'y Gen. No. 74-41.   RESEARCH REFERENCES   Am. Jur. 2d.   - 63C Am. Jur. 2d, Public Officers and Employees, §§ 263, 345, 348.   C.J.S.   - 67 C.J.S., Officers and Public Employees, § 396.
GA Code § 45-8-11 (2021)
2021 Georgia Code|Title 45 - Public Officers and Employees|Chapter 8 - Accounting for Public Funds|§ 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

  Every collecting officer and officer holding public funds shall be authorized to determine, from time to time, in respect to all public funds held by such officer, any and all of the following:   The maximum amount of public money which may be deposited in a particular depository;   The maximum and minimum proportion of public funds which may be maintained in a particular depository; and   The amount of public funds to be deposited in particular depositories as time deposits and the periods of such deposits.     All depositories shall give security for deposits of public funds. However, a collecting officer or officer holding public funds may, in his discretion, waive the requirement for security in the case of operating funds placed in demand deposit checking accounts.   This Code section shall not apply to collecting officers and officers holding public funds pursuant to Article 3 of Chapter 17 of Title 50, relating to state depositories.    (Code 1933, § 89-810.2, enacted by Ga. L. 1980, p. 969, § 1.)
GA Code § 45-8-14 (2021)
2021 Georgia Code|Title 45 - Public Officers and Employees|Chapter 8 - Accounting for Public Funds|§ 45-8-14. Depositories for County and School District Moneys

 The governing authority of each county shall designate one or more solvent banks, insured federal savings and loan associations, or insured state chartered building and loan associations as depositories of all county moneys. The board of education of each county school district and of each independent school district shall designate one or more solvent banks, insured federal savings and loan associations, or insured state chartered building and loan associations as depositories of all school district moneys.   (Ga. L. 1933, p. 78, § 6; Code 1933, § 89-811; Ga. L. 1975, p. 696, § 1; Ga. L. 1994, p. 412, § 1.)   OPINIONS OF THE ATTORNEY GENERAL   Right to specify depository for school funds.   - County commissioners do have the legal right to specify the bank to be used as a depository for school funds. 1965-66 Op. Att'y Gen. No. 65-15.   Exercise of right by those other than county authorities.   - The statutory authority of the governing authorities of a county to designate the depository to be used by the county board of education applies to all school funds under the jurisdiction and control of the school board; the county board of education and other specified persons in this section may designate such a depository only when the county authorities fail to designate a depository. 1967 Op. Att'y Gen. No. 67-103.   Transfer of school funds when depository redesignated.   - When a depository has been selected by the school board due to failure of the county authorities to act, and the county authorities at some later date then do decide to specify a depository for the school fund, the county school board should, if an immediate transfer would for some reason interfere with school operations, be given a reasonable time to transfer such funds, so as not to interfere with education in the county. 1965-66 Op. Att'y Gen. No. 65-15.   RESEARCH REFERENCES   Am. Jur. 2d.   - 63C Am. Jur. 2d, Public Officers and Employees, § 348.   C.J.S.   - 67 C.J.S., Officers and Public Employees, § 396.
GA Code § 45-8-14.1 (2021)
2021 Georgia Code|Title 45 - Public Officers and Employees|Chapter 8 - Accounting for Public Funds|§ 45-8-14.1. Funds Held by Depository; Policies and Procedures; Effective Date

  For the purposes of this chapter, funds shall be considered to be held by a depository, regardless of whether or not such funds are subsequently distributed among one or more federally insured banks or savings and loan associations, provided that:   The funds are initially deposited in a depository whose deposits are insured by the Federal Deposit Insurance Corporation;   Such depository arranges for depositing the funds in one or more federally insured banks or savings and loan associations insured by the Federal Deposit Insurance Corporation, wherever located;   The full amount of the principal and accrued interest of each financial deposit instrument is insured by the Federal Deposit Insurance Corporation; and   Any third-party service provider facilitating the placement of deposits in accordance with this Code section is approved by the State Depository Board.     Pursuant to Code Section 50-17-53 and the other powers of the State Depository Board, the State Depository Board shall establish policies and procedures related to the approval of third-party service providers and the ongoing monitoring of participation in deposit placement programs in accordance with this Code section. The State Depository Board shall establish such policies and procedures no later than December 31, 2019.     (Code 1981, §45-8-14.1, enacted by Ga. L. 2019, p. 335, § 1/SB 157.)
GA Code § 45-8-15 (2021)
2021 Georgia Code|Title 45 - Public Officers and Employees|Chapter 8 - Accounting for Public Funds|§ 45-8-15. Deposit of Funds in Banks or Depositories - Lien in Favor of Public Body on Bank Assets; Deposit as Trust Fund

 Upon any deposit of public funds being made in any bank, whether designated as a depository or not, there shall arise in favor of the public body to which such fund belongs a lien on all the assets of said bank, superior to all other liens, for the amount of such funds. Upon being deposited in any bank, all funds of any public body shall be deemed to be held as a trust fund.   (Ga. L. 1933, p. 78, § 6; Code 1933, § 89-813.)   OPINIONS OF THE ATTORNEY GENERAL    The 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. §§ 48-5-13 and45-8-15). 1957 Op. Att'y Gen. p. 7.   Purchase of obligations of public housing agency by depository bank.   - A state bank may purchase obligations of a public housing agency and pledge the obligations 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.
GA Code § 45-8-16 (2021)
2021 Georgia Code|Title 45 - Public Officers and Employees|Chapter 8 - Accounting for Public Funds|§ 45-8-16. Deposit of Funds in Banks or Depositories - Deposits Showing Officer's Official Title Deemed Public Funds

 Money of any public body deposited in any bank by any collecting officer or officer to hold public funds, though deposited in his own name, shall, if the account stands in his name in his official capacity or is marked with words or abbreviations showing his official title or if the bank otherwise knows that it is public money, be deemed to be funds of a public body within the scope of this chapter.   (Ga. L. 1933, p. 78, § 6; Code 1933, § 89-814.)
GA Code § 45-8-17 (2021)
2021 Georgia Code|Title 45 - Public Officers and Employees|Chapter 8 - Accounting for Public Funds|§ 45-8-17. Deposit of Funds in Banks or Depositories - Liability

 No proper authority, including the state treasurer, nor any member of a board or tribunal constituting such a proper authority shall, where acting in good faith, incur any liability by reason of designating any depository, permitting deposits of public funds to be collateralized by the direct method or the pooled method, administering or regulating the pooled method, or taking any other official action required of such proper authority under this chapter.   (Ga. L. 1933, p. 78, § 6; Code 1933, § 89-815; Ga. L. 1997, p. 868, § 4; Ga. L. 2010, p. 863, § 4/SB 296.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 63C Am. Jur. 2d, Public Officers and Employees, § 345 et seq.   C.J.S.   - 67 C.J.S., Officers and Public Employees, § 310.   ALR.    - Liability of public officer or his bond for loss of public funds due to insolvency of bank in which they were deposited, 93 A.L.R. 819; 155 A.L.R. 436.
GA Code § 45-8-18 (2021)
2021 Georgia Code|Title 45 - Public Officers and Employees|Chapter 8 - Accounting for Public Funds|§ 45-8-18. Investment of Surplus Funds in War Bonds or Other Obligations by Treasurer of Governmental Entity

  The treasurer of any municipality or county or board of trustees of any independent school district may invest any surplus funds in his hands, or any special funds held or being accumulated for any special purpose, or any funds on hand not required for the operation of the municipality, county, or school district for the current fiscal year. He may invest such funds in war bonds or other valid obligations of the United States government, repayable at face value or better, when such investment is authorized by the mayor and general council, county commission, judge of the probate court, board of trustees, or other authority in charge of the affairs of said municipality, county, or independent school district, provided funds accumulated for any special purpose shall be invested only in securities whose maturity date is prior to the date when such funds shall be needed for said special purposes or which are redeemable prior thereto without penalty or loss of principal.   Any bonds or other securities purchased or held pursuant to subsection (a) of this Code section shall be held subject to the same conditions as those attached to the funds from which same were purchased.    (Ga. L. 1943, p. 453, §§ 1, 2.)   Law reviews.   - For note discussing and comparing the prudent man rule and the legal list rule in trustee investment, see 15 Mercer L. Rev. 530 (1964).   OPINIONS OF THE ATTORNEY GENERAL   Investment of funds granted to municipalities.   - The General Assembly intended the funds granted to the municipalities to be special funds and did not intend to restrict the funds so as to prohibit their temporary investment so long as the investment does not interfere in any way with the expedient use of the funds for the purpose provided in the Act, and the maturity date of the government obligations does not extend beyond the date when such funds shall be needed for these purposes. 1965-66 Op. Att'y Gen. No. 65-35.   The use of the word "bonds" as used in this section should be construed to include the obligation to repay the principal as well as the obligation to pay any interest or premium; any interest earned by the investment of the funds granted to the municipalities by the state are subject to the same conditions as those attached to the funds from which the bonds were purchased. 1965-66 Op. Att'y Gen. No. 65-35.   RESEARCH REFERENCES   ALR.    - Rights and liabilities of municipality as to interest earned on improvement assessments or other special funds collected or held by it, 143 A.L.R. 1341.
GA Code § 45-8-19 (2021)
2021 Georgia Code|Title 45 - Public Officers and Employees|Chapter 8 - Accounting for Public Funds|§ 45-8-19. Jurisdiction to Cite Defaulting Officers, Depositories, or Sureties for Accounting and to Issue Execution

 Jurisdiction to cite defaulting collecting officers, officers to hold public funds, depositories, or the sureties on their bonds for an accounting and to issue executions against them is conferred and vested as follows:    As to state officials and their sureties, assistants, and employees of any state office and their sureties, and depositories of the funds of the state or any of its bureaus, commissions, boards, or departments, and their sureties, in the Governor;   As to other collecting officers and officers to hold public funds, so far as relates to taxes, revenues, or funds of the state or any of its bureaus, commissions, boards, or departments, in the state revenue commissioner;   As to collecting officers and officers to hold public funds, so far as relates to revenues or funds of a municipality or county, or any board, bureau, or other tribunal or body exercising jurisdiction solely in such county, or of any school district, drainage district, or any other district in such county, and as to banks or depositories in which the revenues or other funds or any of these have been deposited, and as to the sureties on the bonds of any of said officers, banks, or depositories, in the county authority of said county or the governing body of the municipality;   In any case not covered by paragraph (1), (2), or (3) of this Code section, in the comptroller general.    (Ga. L. 1933, p. 78, § 8; Code 1933, § 89-817; Ga. L. 2013, p. 141, § 45/HB 79.)   OPINIONS OF THE ATTORNEY GENERAL   Additional duties imposed on officials.   - Since the duty to comply with the deposit security law falls upon institutions under the supervision of the Department of Banking and Finance, the department is obligated to take whatever steps are necessary to ensure that violations are cured and not repeated. This obligation is in addition to the obligations imposed upon the Comptroller General and other officials by this section. 1979 Op. Att'y Gen. No. 79-12.