reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 8 - ACCOUNTING FOR PUBLIC FUNDS (§§ 45-8-1 — 45-8-33) › Section 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

(a)
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:
(1)
The maximum amount of public money which may be deposited in a particular depository;
(2)
The maximum and minimum proportion of public funds which may be maintained in a particular depository; and
(3)
The amount of public funds to be deposited in particular depositories as time deposits and the periods of such deposits.
(b)
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.
(c)
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.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 8 - ACCOUNTING FOR PUBLIC FUNDS (§§ 45-8-1 — 45-8-33) › Section 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

(a)
The collecting officer or officer holding public funds may not have on deposit at any one time in any depository for a time longer than ten days a sum of money belonging to the public body when such depository has not given a bond to the public body as set forth in this Code section. The bond to be given by depositories, where such bonds are required, shall be a surety bond signed by a surety company duly qualified and authorized to transact business within this state in a sum as so required. In lieu of such a surety bond, the depository may pledge to the public body as security any one or more of the obligations enumerated in Code Section
50-17-59
, relating to the bond required to secure state deposits and securities in lieu of bond.
(b)
The collecting officer or officer holding public funds shall accept the guarantee or insurance of accounts by the Federal Deposit Insurance Corporation to secure public funds on deposit in depositories to the extent authorized by federal law governing the Federal Deposit Insurance Corporation.
(c)
A depository may secure deposits made with it partly by surety bond, partly by deposit of any one or more of the obligations referred to in subsection (a) of this Code section, partly by the guarantee or insurance of accounts by the Federal Deposit Insurance Corporation, or by any combination of these methods. Except for covered depositories, the aggregate of the face value of such surety bond and the market value of securities pledged shall be equal to not less than 110 percent of the public funds being secured after the deduction of the amount of deposit insurance.
(d)
Notwithstanding any other provisions of this Code section, a depository may deduct the face amount of direct loans from deposits of a public body before being required to secure such deposits by a surety bond, deposit insurance, securities, or any combination thereof.
(e)
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.
Amended by 2016 Ga. Laws 373,§ 2, eff. 4/26/2016.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 8 - ACCOUNTING FOR PUBLIC FUNDS (§§ 45-8-1 — 45-8-33) › Section 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.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 8 - ACCOUNTING FOR PUBLIC FUNDS (§§ 45-8-1 — 45-8-33) › Section 45-8-14.1 - Funds held by depository; policies and procedures; effective date

(a)
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:
(1)
The funds are initially deposited in a depository whose deposits are insured by the Federal Deposit Insurance Corporation;
(2)
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;
(3)
The full amount of the principal and accrued interest of each financial deposit instrument is insured by the Federal Deposit Insurance Corporation; and
(4)
Any third-party service provider facilitating the placement of deposits in accordance with this Code section is approved by the State Depository Board.
(b)
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.
Added by 2019 Ga. Laws 137,§ 1, eff. 5/2/2019.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 8 - ACCOUNTING FOR PUBLIC FUNDS (§§ 45-8-1 — 45-8-33) › Section 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.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 8 - ACCOUNTING FOR PUBLIC FUNDS (§§ 45-8-1 — 45-8-33) › Section 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.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 8 - ACCOUNTING FOR PUBLIC FUNDS (§§ 45-8-1 — 45-8-33) › Section 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.
Amended by 2010 Ga. Laws 621,§ 4, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 8 - ACCOUNTING FOR PUBLIC FUNDS (§§ 45-8-1 — 45-8-33) › Section 45-8-18 - Investment of surplus funds in war bonds or other obligations by treasurer of governmental entity

(a)
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.
(b)
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.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 8 - ACCOUNTING FOR PUBLIC FUNDS (§§ 45-8-1 — 45-8-33) › Section 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:
(1)
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;
(2)
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;
(3)
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;
(4)
In any case not covered by paragraph (1), (2), or (3) of this Code section, in the comptroller general.
Amended by 2013 Ga. Laws 33,§ 45, eff. 4/24/2013.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 8 - ACCOUNTING FOR PUBLIC FUNDS (§§ 45-8-1 — 45-8-33) › Section 45-8-20 - Citation of officer, bank, or depository to show cause; service of notice

If it shall become known to the official or authority having jurisdiction to cite for accounting that a collecting officer or officer to hold public funds has been guilty of any default or breach of duty as to any tax, revenue, or public funds; or that any bank or depository in which any tax, revenue, or other public funds have been deposited has failed in business or has failed to pay over on demand any such fund so deposited with it, or, whether default is alleged or not, upon the surety on any bond of the kind dealt with in this chapter, whether of an officer, bank, or depository, filing with such official or authority having jurisdiction to cite for accounting a petition asking for the settlement of the accounts of such principal, it is the duty of such official or authority to cite such officer, bank, or depository and their sureties to come before the official or authority having jurisdiction over the accounting, on a day named, to make an accounting or settlement and to show cause why execution should not issue, if any default be found. Such official shall cause such citation to be served at least ten days before the hearing, unless such service be waived, or the respondents consent in writing to shorter notice. It is not necessary to issue or serve the citation or notice to or upon any principal or surety who has filed or has joined in filing the petition for citation, nor is it necessary personally to serve such citation upon any officer or other person who, by absconding, absence from the state, or otherwise, prevents personal service; but it is sufficient in such cases to perfect service by leaving a copy of the citation at the most notorious place of abode of such absconding or absent person.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 8 - ACCOUNTING FOR PUBLIC FUNDS (§§ 45-8-1 — 45-8-33) › Section 45-8-21 - Right to appear at hearing

Any citizen or taxpayer or any public body interested in the fund in question may appear and be heard before the official or authority at the time and place of hearing.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 8 - ACCOUNTING FOR PUBLIC FUNDS (§§ 45-8-1 — 45-8-33) › Section 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

At the time and place fixed for the hearing or at an adjournment or continuance thereof, the officer, bank, or depository cited shall file under oath a statement of accounts. If such officer, bank, or depository shall fail to submit such a statement, the citing official or county or municipal authority shall prepare one from the best information at hand. After giving opportunity to the parties at interest to be heard, the official or county or municipal authority shall proceed to render a judgment or order in the nature of a judgment in which, if no default is found, it shall be so stated; and, if default is found, it shall state the amount of the same and order execution to issue therefor.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 8 - ACCOUNTING FOR PUBLIC FUNDS (§§ 45-8-1 — 45-8-33) › Section 45-8-23 - Authority to issue subpoenas; punishment for contempt for refusal to obey

Authority is conferred upon the official or county or municipal authority having jurisdiction in the matter to issue subpoenas and to compel the attendance of witnesses and production of books and documents on behalf of any party. If any person shall disobey any such subpoena or order to produce, the official or county or municipal authority shall certify the refusal to the judge of the superior court of the county where the hearing is held, who shall punish the offender as for contempt of the superior court.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 8 - ACCOUNTING FOR PUBLIC FUNDS (§§ 45-8-1 — 45-8-33) › Section 45-8-24 - Joinder of parties in proceedings for accounting; power of authorities to determine liability

In any proceeding for accounting under this chapter, there may be joined originally or by amendment, either before or after appeal, all such officers, depositories, banks, and securities on bonds of any of them as shall be necessary or proper for the full determination of any matter in controversy, and especially, but without limiting the generality of the foregoing, for determining the respective liabilities as between an officer and some other officer, between an officer and a bank or depository, between them or any of them and the sureties of any of them, or between sureties of any of them. The proper authority or any court which shall have acquired jurisdiction in any proceeding for accounting by appeal or otherwise shall have the jurisdiction to determine completely the respective liabilities of the parties as among themselves, as well as the liability of any officer, bank, or depository and the sureties, to the public body or bodies involved. The jurisdiction given in this chapter shall extend not only to the compelling of an officer and his sureties to account for taxes or other public money which he has in fact collected, but for money which it was his duty to collect and which, in the exercise of good faith and ordinary diligence, he should have collected; and such jurisdiction may be exercised against any public officer who has received or collected the money of any public body, whether or not it was a part of his official duty to receive it or collect it.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 8 - ACCOUNTING FOR PUBLIC FUNDS (§§ 45-8-1 — 45-8-33) › Section 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

The official or county or municipal authority having jurisdiction to cite for accounting may, without issuing or serving a citation or notice, issue or cause to be issued an execution against any defaulting collecting officer, officer to hold public funds, or any bank or depository in which public funds have been deposited and the sureties on the bonds of any of them for default as to any of the matters as to which such officer, bank, depository, or surety might be cited, and for the amount of the loss sustained by the public body or public bodies alleged in such execution to be sustained through such default. Such execution shall be prima-facie evidence of the facts therein recited, including the amount of loss sustained, and shall be enforceable as an execution for said amount; provided, however, that the enforcement of such execution may be arrested by proceedings in equity, or, after levy, by affidavit of illegality in which the defendant in fi. fa. whose property has been levied on shall deny liability for the amount set out in such execution or some part thereof. The affidavit of illegality shall be returned by the levying officer to the superior court of the county in which the alleged defaulting officer resides. On the trial of the case, whether in equity or on affidavit of illegality, the burden of proof shall be on the official or authority issuing the execution. Any other person, corporation, or public body at interest may on his or its own motion or on motion of either party to the cause be made a party thereto and be bound by the final judgment. Such an execution shall become final process against any defendant in execution named therein who shall endorse thereon in writing his admission of the correctness of the same and an agreement that the same shall proceed against him as final process, but such admission shall not be binding on anyone except the person or corporation signing the same.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 8 - ACCOUNTING FOR PUBLIC FUNDS (§§ 45-8-1 — 45-8-33) › Section 45-8-26 - Action by bond obligee before citation or execution

Nothing in this chapter shall be construed as preventing the obligee in any bond of any collecting officer, officer to hold public funds, or any bank or depository in which public funds have been deposited from maintaining an action at law or in equity thereon when the official or county or municipal authority having jurisdiction to issue a citation has not begun a proceeding thereon by ordering a citation or execution to issue.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 8 - ACCOUNTING FOR PUBLIC FUNDS (§§ 45-8-1 — 45-8-33) › Section 45-8-27 - Procedure for accounting when officer succeeds himself

When any officer to whom this chapter relates shall succeed himself in office or has been elected to succeed himself in office or has been elected to succeed himself in a subsequent term, such officer or the surety on his bond either for the current term or for the term which has or shall have expired, or for a term about to begin, may file with the official or the county or municipal authority having jurisdiction to cite for accounting a petition asking that an accounting be had as to the acts of such officer during the term which has ended or is about to end. Such official or county or municipal authority shall then cause a citation to issue and be served on the officer and the sureties on his bonds for both terms, except such of them as shall be party to or join in the petition; and such further proceedings shall be had as are provided for in Code Section
45-8-20
in cases of citation for accounting. In the order or judgment rendered by the official or county or municipal authority conducting the accounting, or, in case of appeal, in the judgment of the court, the condition of the accounts of such officers shall be stated as between the two terms and as between the sureties for the respective terms; and the order or judgment shall set the terms upon compliance with which the sureties on the bond for the expired or expiring term shall be discharged or liability as to taxes, revenues, and public moneys satisfied; and it shall also settle and determine between the sureties in the respective bonds the matters for which each is or may be liable.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 8 - ACCOUNTING FOR PUBLIC FUNDS (§§ 45-8-1 — 45-8-33) › Section 45-8-28 - Personal representative of insane or deceased officer as party to proceedings

Whenever any of the officers with whom this chapter deals becomes non compos mentis or dies, the guardian or personal representative of such insane or deceased officer shall be a sufficient party to any proceeding in this chapter, in lieu of such insane or deceased officer.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 8 - ACCOUNTING FOR PUBLIC FUNDS (§§ 45-8-1 — 45-8-33) › Section 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

Any judgment or execution issued in pursuance of this chapter or in any action against the principal or surety upon any bond of any of the officers, banks, or depositories dealt with in this chapter shall have the effect of preserving and shall be a means of enforcing the liens created by the laws of this state, including this chapter, upon the property and assets of the principal and sureties on the bonds of officers and depositories and the assets of banks. Upon the payment of the amount of such judgment or execution by any surety or other person, either the official or county or municipal authority issuing the same or any officer authorized to levy the execution shall, at the request of the person or corporation making the payment, transfer the judgment or execution to such person or corporation or his or its order, and the transferee shall be entitled to enforce the same and the lien therein represented, provided that, in order to preserve the lien as against subsequent bona fide purchasers for value, the judgment or execution shall be entered on the general execution docket as if it were a common law execution. Any sale or transfer of any part of its assets by a bank to an innocent purchaser for value in the ordinary course of business prior to the institution of a proceeding against said bank, through which the lien may be preserved or enforced, shall pass to the purchaser or transferee such assets free from the lien created in this Code section.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 8 - ACCOUNTING FOR PUBLIC FUNDS (§§ 45-8-1 — 45-8-33) › Section 45-8-30 - Release of property of county officers from state lien - Authorization

The judge of the probate court, sitting for county purposes, or the board of county commissioners, or such other county governing authority in this state has the discretionary power and authority to release a given portion of the property of a municipal or county treasurer, tax collector, or tax commissioner from the lien of the state or county or municipality in question against the property of such officers on their respective bonds.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 8 - ACCOUNTING FOR PUBLIC FUNDS (§§ 45-8-1 — 45-8-33) › Section 45-8-31 - Release of property of county officers from state lien - Procedure generally

The officer desiring the release of a portion of his property shall file a petition in writing with the governing authority of the municipality or county in which he functions. The petition shall describe the property sought to be released and the reasons of the applicant for desiring the release, such as whether the applicant desires to sell the property or borrow money on the security thereof; and it shall give the name of the purchaser or the lender as the case may be. After consideration, the said governing authority may in its discretion grant the release in question, evidencing assent to the release by a writing in the nature of a release or quitclaim deed, to which a copy of the resolution or order of sanction shall be attached as a part thereof; or, after consideration, the application may in the discretion of said authority be rejected.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 8 - ACCOUNTING FOR PUBLIC FUNDS (§§ 45-8-1 — 45-8-33) › Section 45-8-32 - Release of property of county officers from state lien - Deadline to consummate proposed sale or loan

In the event the release is granted, it is not incumbent upon the person named in the application as the purchaser or lender on the security of the property in question to inquire into the merits of the application; but the proposed sale or loan must be consummated within 60 days from the date of the authorization of the release, otherwise on the expiration of the sixtieth day it shall become void and ineffectual.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 8 - ACCOUNTING FOR PUBLIC FUNDS (§§ 45-8-1 — 45-8-33) › Section 45-8-33 - Effect of chapter upon liability of officers to private persons

This chapter is not intended to affect any liability which any of the officers to whom this chapter is applicable may incur to any private person.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 9 - INSURING AND INDEMNIFICATION OF PUBLIC OFFICERS AND EMPLOYEES (§§ 45-9-1 — 45-9-110) › Article 1 - STATE OFFICERS AND EMPLOYEES (§§ 45-9-1 — 45-9-5) › Section 45-9-2 - Members of organized militia serving on state active duty

Members of the organized militia who are serving on state active duty upon orders of the Governor may be provided protection against personal liability for damages sustained by third parties and arising out of the performance of such members' duties while serving on state active duty. At the option of the adjutant general, members of the organized militia who are performing their duties in connection with domestic action projects may also be provided protection against personal liability for damages sustained by third parties arising out of the performance of such members' duties. The commissioner of administrative services shall prescribe the terms and conditions under which such personnel may be covered by any liability insurance policy or contract of indemnity or other like or similar programs administered by the commissioner pursuant to this article to provide such protection.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 9 - INSURING AND INDEMNIFICATION OF PUBLIC OFFICERS AND EMPLOYEES (§§ 45-9-1 — 45-9-110) › Article 1 - STATE OFFICERS AND EMPLOYEES (§§ 45-9-1 — 45-9-5) › Section 45-9-3 - Insurance and other protections afforded personnel employed by district attorney

Personnel employed by the district attorneys of the state, irrespective of the source of the funds used to pay such personnel, may be covered by any liability insurance policy or contract of indemnity, reimbursement, or other like or similar programs administered by the commissioner pursuant to this article and, for the purpose of this article, such personnel employed by a district attorney shall be considered to be state employees. The commissioner of administrative services shall prescribe the terms and conditions under which any liability insurance policy or contract of indemnity, reimbursement, or other like or similar programs administered by the commissioner pursuant to this article shall be made available to personnel employed by a district attorney. The cost of such liability insurance policy or contract of indemnity, reimbursement, or other like or similar programs shall be paid by the Prosecuting Attorneys' Council of the State of Georgia out of such funds as may be appropriated to or otherwise available for the operations of district attorneys.
Amended by 2004 Ga. Laws 781, § 3, eff. 5/19/2004.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 9 - INSURING AND INDEMNIFICATION OF PUBLIC OFFICERS AND EMPLOYEES (§§ 45-9-1 — 45-9-110) › Article 1 - STATE OFFICERS AND EMPLOYEES (§§ 45-9-1 — 45-9-5) › Section 45-9-3.1 - [Repealed] Immunity from liability for law enforcement officers directing or escorting funeral processions

Repealed by Ga. L. 1990, p. 1319, § 1, effective July 1, 1990.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 9 - INSURING AND INDEMNIFICATION OF PUBLIC OFFICERS AND EMPLOYEES (§§ 45-9-1 — 45-9-110) › Article 1 - STATE OFFICERS AND EMPLOYEES (§§ 45-9-1 — 45-9-5) › Section 45-9-4.1 - Participation in self-insurance by Georgia Correctional Industries Administration; extension of coverage to officers, officials, and employees

The Georgia Correctional Industries Administration, as a body corporate and politic, and as an instrumentality and public corporation of this state, may, at its discretion, participate in any program of self-insurance administered by the commissioner of administrative services pursuant to Code Section
45-9-4
; and the commissioner of administrative services is authorized to extend liability coverage under such program of self-insurance to the officers, officials, or employees of the Georgia Correctional Industries Administration in the same manner as is presently or may hereafter be provided for officers, officials, or employees of any agency, board, bureau, commission, department, or authority pursuant to Code Section
45-9-4
.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 9 - INSURING AND INDEMNIFICATION OF PUBLIC OFFICERS AND EMPLOYEES (§§ 45-9-1 — 45-9-110) › Article 1 - STATE OFFICERS AND EMPLOYEES (§§ 45-9-1 — 45-9-5) › Section 45-9-4.2 - Liability coverage for nonprofit agencies providing services to the developmentally disabled

(a)
For the purposes of this Code section, the term "nonprofit agency" means a nonprofit or charitable organization, association, corporation, partnership, or other entity registered pursuant to Section 501(c)(3) of the Internal Revenue Code.
(b)
Nonprofit agencies and their employees, which agencies have contracted with the Department of Behavioral Health and Developmental Disabilities to furnish certain services to the developmentally disabled or have subcontracted with similar nonprofit agencies for the same, shall be provided protection against personal liability for damages sustained by third parties arising out of the provision of authorized services to the developmentally disabled by an employee of such agency during the course of such person's employment with such nonprofit agency. The commissioner of administrative services shall prescribe the terms and conditions under which such nonprofit agencies and their employees shall be covered by any liability insurance policy or contract of indemnity or similar program administered by the commissioner pursuant to this article to provide such protection, provided the cost of such insurance, indemnity, or similar program furnished to any such nonprofit agency and its employees shall be allocated to and paid by such agency.
Amended by 2009 Ga. Laws 102,§ 3-5, eff. 7/1/2009.
Amended by 2009 Ga. Laws 102,§ 3-2, eff. 7/1/2009.
Amended by 2008 Ga. Laws 450,§ 3, eff. 5/6/2008.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 9 - INSURING AND INDEMNIFICATION OF PUBLIC OFFICERS AND EMPLOYEES (§§ 45-9-1 — 45-9-110) › Article 1 - STATE OFFICERS AND EMPLOYEES (§§ 45-9-1 — 45-9-5) › Section 45-9-5 - Article not waiver of immunity from action or provision of liability insurance protection

Nothing in this article shall constitute a waiver of the immunity of the state from any action. The exercise of authority provided in this article shall not constitute the provision of liability insurance protection under Article I, Section II, Paragraph IX of the Constitution.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 9 - INSURING AND INDEMNIFICATION OF PUBLIC OFFICERS AND EMPLOYEES (§§ 45-9-1 — 45-9-110) › Article 2 - MEMBERS OF GOVERNING BODIES OF MUNICIPALITIES, COUNTIES, AND OTHER PUBLIC BODIES (§§ 45-9-20 — 45-9-23) › Section 45-9-20 - Insurance or contracts of indemnity; actions against insurers or indemnitors

In addition to any other compensation which may be paid to members of the governing bodies of municipalities, counties, and other public bodies, and to supervisors, administrators, employees, or other elected or appointed public officers, each municipality, county, and other public body of this state is authorized, in its discretion, to purchase policies of liability insurance or contracts of indemnity insuring or indemnifying the members of such governing bodies and such supervisors, administrators, employees, or other elected or appointed officers against personal liability for damages arising out of the performance of their duties or in any way connected therewith, whether based upon negligence, violation of contract rights, or violation of civil, constitutional, common law, or other statutory rights, whether state, federal, or local. Such municipalities, counties, and other public bodies may expend state, federal, and local funds for such purposes. The amount of such insurance or indemnity shall also be in the discretion of the governing body of such municipality, county, or other public body. No action shall be maintained against the person or company issuing such insurance or contracting for such indemnity until final judgment has first been entered against the individual covered by such policy or contract.
Amended by 2011 Ga. Laws 52,§; 86, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 9 - INSURING AND INDEMNIFICATION OF PUBLIC OFFICERS AND EMPLOYEES (§§ 45-9-1 — 45-9-110) › Article 2 - MEMBERS OF GOVERNING BODIES OF MUNICIPALITIES, COUNTIES, AND OTHER PUBLIC BODIES (§§ 45-9-20 — 45-9-23) › Section 45-9-22 - Payment of claims or judgment against members of municipal, county, or other public body

(a)
Any municipality, county, or other public body may, in its discretion, adopt a policy establishing the terms and conditions under which it may pay part or all of any claim or civil judgment rendered against any person whose defense such municipality, county, or other public body is authorized to undertake under Code Section
45-9-21
. Any such disbursement shall be deemed to be for public purposes and may be paid from state, federal, or local funds. No attempt shall be made at the trial of any action brought against a person covered under this Code section to suggest the fact that the municipality, county, or public body will be responsible for any judgment therein.
(b)
The failure to adopt a policy as provided in this Code section prior to making any payments authorized by this Code section shall not invalidate any such payments if the governing authority of the municipality, county, or public body shall, within a reasonable time after the fact of such failure has been brought to its attention, adopt a policy as provided in this Code section.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 9 - INSURING AND INDEMNIFICATION OF PUBLIC OFFICERS AND EMPLOYEES (§§ 45-9-1 — 45-9-110) › Article 2 - MEMBERS OF GOVERNING BODIES OF MUNICIPALITIES, COUNTIES, AND OTHER PUBLIC BODIES (§§ 45-9-20 — 45-9-23) › Section 45-9-23 - Waiver of immunity from action

Nothing in this article shall be construed as waiving any immunity or privilege of any kind now or hereafter enjoyed by any municipality, county, or other public body or by any member of the governing body thereof or by any supervisor, administrator, employee, or other elected or appointed officer or by any other public body, board, agency, or political subdivision of this state.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 9 - INSURING AND INDEMNIFICATION OF PUBLIC OFFICERS AND EMPLOYEES (§§ 45-9-1 — 45-9-110) › Article 3 - [RESERVED] (§ 45-9-40) › Section 45-9-40 - through 45-9-43 - [Repealed]

Repealed by 2008 Ga. Laws 450,§ 4, eff. 5/6/2008.
Reserved. Repealed by Ga. L. 2008, p. 245, § 4, effective July 1, 2008.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 9 - INSURING AND INDEMNIFICATION OF PUBLIC OFFICERS AND EMPLOYEES (§§ 45-9-1 — 45-9-110) › Article 4 - INDEMNIFICATION OF PUBLIC OFFICERS AND EMPLOYEES GENERALLY (§§ 45-9-60 — 45-9-62) › Section 45-9-60 - Indemnification of public officers or officials subjected to liability; opinion of Attorney General or Governor that liability not breach of duty

In the event that a public officer or official has a money judgment returned against him in an action or is otherwise subjected to monetary liability by an aggrieved party, by his bond carrier, or both as a result of an act of omission or commission of a subordinate employee of the public officer or official and in the event that said public officer or official shall, as a result of such action, be required to expend his personal moneys, said officer or official shall be indemnified out of funds otherwise available to the public official's or officer's department or office, provided that authorization for such indemnification payment by the department or office shall be contingent on issuance of an official opinion of the Attorney General declaring that the judgment against or liability of the public officer or official was not due to an act of omission or commission of the public officer or official which constituted a breach of a duty imposed by law on the officer or official. In the event that the Attorney General is the public official seeking indemnification under this article, the Governor shall make the determination as to whether or not the liability of the Attorney General was due to an act of omission or commission of the Attorney General which constituted a breach of a duty imposed by law.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 9 - INSURING AND INDEMNIFICATION OF PUBLIC OFFICERS AND EMPLOYEES (§§ 45-9-1 — 45-9-110) › Article 4 - INDEMNIFICATION OF PUBLIC OFFICERS AND EMPLOYEES GENERALLY (§§ 45-9-60 — 45-9-62) › Section 45-9-61 - Benefit derived under article declared to be compensation

Any benefit occasioned by a public officer or official by virtue of this article is declared to be and is a portion of the compensation due the public officer or official for the services rendered to the state.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 9 - INSURING AND INDEMNIFICATION OF PUBLIC OFFICERS AND EMPLOYEES (§§ 45-9-1 — 45-9-110) › Article 4 - INDEMNIFICATION OF PUBLIC OFFICERS AND EMPLOYEES GENERALLY (§§ 45-9-60 — 45-9-62) › Section 45-9-62 - Applicability of article

This article shall apply to:
(1)
All public officers and officials of this state who hold state-wide offices and who are required by law to be bonded; and
(2)
Alleged acts of omission or commission which occurred prior to July 1, 1976.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 9 - INSURING AND INDEMNIFICATION OF PUBLIC OFFICERS AND EMPLOYEES (§§ 45-9-1 — 45-9-110) › Article 4A - INDEMNIFICATION OF PUBLIC SCHOOL TEACHERS AND EMPLOYEES (§§ 45-9-70 — 45-9-79.5) › Section 45-9-70 - Purpose of article

The purpose of this article is to provide by law for the indemnification with respect to the death or permanent disability of public school teachers and public school employees who are killed or permanently disabled by an act of violence in the line of duty on or after July 1, 2001.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 9 - INSURING AND INDEMNIFICATION OF PUBLIC OFFICERS AND EMPLOYEES (§§ 45-9-1 — 45-9-110) › Article 4A - INDEMNIFICATION OF PUBLIC SCHOOL TEACHERS AND EMPLOYEES (§§ 45-9-70 — 45-9-79.5) › Section 45-9-71 - Definitions

As used in this article, the term:
(1)
"Act of violence" means a willful act of violence committed by a person other than a fellow public school teacher or public school employee.
(2)
"Commission" means the Georgia Public School Personnel Indemnification Commission.
(3)
"In the line of duty" means while on duty and performing services for and receiving compensation from the public school district which employs such public school teacher or public school employee.
(4)
"Permanent disability" means disability due to:
(A)
Loss of both eyes or blindness in both eyes with only light perception;
(B)
Loss or loss of use of both hands;
(C)
Loss or loss of use of both legs;
(D)
Loss of a lower extremity or residuals of organic disease or injury which so affect the functions of balance or propulsion as to preclude locomotion without resort to a wheelchair; or
(E)
Organic brain damage resulting from direct physical trauma incurred after July 1, 2001, which so affects the mental capacity as to preclude ability to function productively in any employment.
(5)
"Public school employee" has the meaning provided by Code Section
20-2-910
.
(6)
"Public school teacher" has the meaning provided by Code Section
20-2-880
.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 9 - INSURING AND INDEMNIFICATION OF PUBLIC OFFICERS AND EMPLOYEES (§§ 45-9-1 — 45-9-110) › Article 4A - INDEMNIFICATION OF PUBLIC SCHOOL TEACHERS AND EMPLOYEES (§§ 45-9-70 — 45-9-79.5) › Section 45-9-72 - Establishment of indemnification program

(a)
There is established a program to provide for indemnification with respect to the death or permanent disability of any public school teacher or public school employee who is killed or permanently disabled by an act of violence in the line of duty on or after July 1, 2001.
(b)
Such program shall be administered by the Georgia Public School Personnel Indemnification Commission.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 9 - INSURING AND INDEMNIFICATION OF PUBLIC OFFICERS AND EMPLOYEES (§§ 45-9-1 — 45-9-110) › Article 4A - INDEMNIFICATION OF PUBLIC SCHOOL TEACHERS AND EMPLOYEES (§§ 45-9-70 — 45-9-79.5) › Section 45-9-73 - Indemnification commission created; composition; assignment to Department of Administrative Services for administrative purposes

There is created the Georgia Public School Personnel Indemnification Commission which shall be composed of the Governor, the State School Superintendent, the Secretary of State, the Commissioner of Insurance, the chairperson of the State Board of Education, the commissioner of public health, and one public school teacher and one public school employee to be appointed by the Governor and serve at the pleasure thereof. The Governor shall be the chairperson of the commission and the commission shall be assigned to the Department of Administrative Services for administrative purposes.
Amended by 2011 Ga. Laws 244,§ 6-5, eff. 7/1/2011.
Amended by 2009 Ga. Laws 102,§ 1-6, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 9 - INSURING AND INDEMNIFICATION OF PUBLIC OFFICERS AND EMPLOYEES (§§ 45-9-1 — 45-9-110) › Article 4A - INDEMNIFICATION OF PUBLIC SCHOOL TEACHERS AND EMPLOYEES (§§ 45-9-70 — 45-9-79.5) › Section 45-9-74 - Commission to promulgate rules and regulations; use of personnel and resources of other agencies

The commission is authorized to promulgate rules and regulations relative to the program of indemnification. Such rules and regulations may provide for initial investigation of claims and the issuance of subpoenas to facilitate such investigation, special masters, hearings, procedures for applications for indemnification, and all other matters so as to enable the commission to carry out its duties fairly, properly, and equitably. The chairperson of the commission shall be authorized to contact other state agencies for the purpose of using the personnel and resources of such agencies to assist the commission in carrying out its duties.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 9 - INSURING AND INDEMNIFICATION OF PUBLIC OFFICERS AND EMPLOYEES (§§ 45-9-1 — 45-9-110) › Article 4A - INDEMNIFICATION OF PUBLIC SCHOOL TEACHERS AND EMPLOYEES (§§ 45-9-70 — 45-9-79.5) › Section 45-9-75 - Georgia Public School Personnel Indemnification Fund - Creation; general provisions

There is created a fund to be known as the Georgia Public School Personnel Indemnification Fund. The custodian of the Georgia Public School Personnel Indemnification Fund shall be the Department of Administrative Services. The Department of Administrative Services shall administer the Georgia Public School Personnel Indemnification Fund and may invest the resources of the fund in the same manner and fashion that an insurer authorized to issue contracts of life insurance is authorized to invest its resources. The Department of Administrative Services shall be further authorized to intermingle the resources of the Georgia Public School Personnel Indemnification Fund with the resources of any other funds or accounts which have similar restrictions on the investments which may be made with such funds; provided, however, that separate bookkeeping accounts on each such fund shall be maintained.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 9 - INSURING AND INDEMNIFICATION OF PUBLIC OFFICERS AND EMPLOYEES (§§ 45-9-1 — 45-9-110) › Article 4A - INDEMNIFICATION OF PUBLIC SCHOOL TEACHERS AND EMPLOYEES (§§ 45-9-70 — 45-9-79.5) › Section 45-9-76 - Georgia Public School Personnel Indemnification Fund - Revenues from sale of license plates; funds from other sources

The Georgia Public School Personnel Indemnification Fund shall consist of revenues derived from the sale of special and distinctive motor vehicle license plates honoring Georgia educators issued prior to June 30, 2010 as provided by paragraph (7) of subsection (l) of Code Section
40-2-86
. In addition, the Department of Administrative Services is authorized to accept for deposit in the Georgia Public School Personnel Indemnification Fund any other funds from any other source. All revenue or other funds received by the Georgia Public School Personnel Indemnification Fund shall not lapse.
Amended by 2010 Ga. Laws 360,§ 1-84, eff. 5/12/2010.