reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 1 - GENERAL PROVISIONS (§§ 45-1-1 — 45-1-8) › Section 45-1-1 - Employees of state hospitals and certain state institutions authorized to make purchases of goods and services; limitations

Except as provided in Code Sections
45-10-20
through
45-10-25
, employees of hospitals, educational institutions, eleemosynary institutions, penal institutions, and correctional institutions which are under the control and jurisdiction of a state department or the Board of Regents of the University System of Georgia shall be entitled to obtain goods and services in the same manner and under the same procedure used in obtaining such goods and services through such hospitals and institutions and the laws of this state relating to purchasing contrary thereto shall not apply to such employees; provided, however, that no employee shall be permitted to make any single purchase of goods or services in excess of $50.00, except medical and dental services only; and in no event shall any employee obtain goods or services for any person except for himself or members of his immediate family.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 1 - GENERAL PROVISIONS (§§ 45-1-1 — 45-1-8) › Section 45-1-2 - Actions by or against public officers who have left office

(a)
When an action has been commenced by or against a public officer of the state in his official capacity and such officer's successor in office has been substituted as a party pursuant to subsection (d) of Code Section
9-11-25
, such action shall proceed as if no change of parties had been made, provided that it shall be within the discretion of the court to allow the successor in office such time as it may deem necessary to appear, plead, or otherwise proceed with such action.
(b)
This Code section shall not apply to actions against officers for damages on account of tortious acts committed by such officer under color of office, which actions survive against such officer or his personal representatives, notwithstanding the death, resignation, removal, or expiration of the term of such officer.
(c)
This Code section shall relate only to actions commenced by or against state officers in their official capacity and shall not relate or apply to actions commenced by or against municipal, district, or county officers.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 1 - GENERAL PROVISIONS (§§ 45-1-1 — 45-1-8) › Section 45-1-3 - Display or sale of motor vehicle tag or sign purporting that owner serves on Governor's staff

(a)
Without the written permission of the Governor, it shall be unlawful to display in any manner upon any motor vehicle a sign, tag, or emblem of any fashion purporting to convey the impression that the owner thereof is a member of the Governor's staff.
(b)
It shall be unlawful to sell or offer to sell any such sign, tag, or emblem.
(c)
Any person, firm, or corporation who violates this Code section shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 1 - GENERAL PROVISIONS (§§ 45-1-1 — 45-1-8) › Section 45-1-5 - Purging personnel records of terminated employee

When an employee of the state or of a county, municipality, or school district is terminated and, as a condition of a settlement agreement, the personnel file of the employee is to be partially or totally purged, the former employee's personnel records, including both the personnel file and any associated work history records, shall be clearly designated with a notation that such records have been purged as a condition of a settlement agreement. Such notation shall be disclosed to any subsequent governmental entity seeking information as to a former employee's work history for the sole purpose of making a hiring decision.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 1 - GENERAL PROVISIONS (§§ 45-1-1 — 45-1-8) › Section 45-1-6 - Gifts to employees by vendors; disclosure; reports

(a)
As used in this chapter, the term:
(1)
"Commission" means the State Ethics Commission created under Code Section
21-5-4
.
(2)
"Gift" means a gratuity, subscription, membership, trip, meal, loan, extension of credit, forgiveness of debt, advance or deposit of money, or anything of value.
(3)
"Person" means an individual, partnership, committee, association, corporation, labor organization, or any other organization or group of persons.
(4)
"Public employee" means every person employed by the executive, legislative, or judicial branch of state government or any department, board, bureau, agency, commission, or authority thereof. This shall not include elected officials.
(5)
"Vendor" means any person who sells to or contracts with any branch of state government or any department, board, bureau, agency, or commission thereof for the provision of any goods or services.
(b)
Any vendor who, either directly or through another person, makes a gift or gifts to one or more public employees exceeding in the aggregate $250.00 in value during any calendar year shall file a disclosure report with the commission in the form specified by the commission listing the amount and date of receipt, the name and mailing address of any vendor making the gift, and the name, address, and position of each public employee receiving such a gift.
(c)
Each disclosure report required by subsection (b) of this Code section shall be filed with the commission not later than February 1 of each year and shall cover the preceding calendar year.
(d)
A report required by this Code section shall be verified by the oath or affirmation of the person filing such report or statement taken before an officer authorized to administer oaths. Each report required in a calendar year shall contain cumulative totals of all gifts which have been made or received and which are required to be reported.
(e)
In addition to other penalties provided under this Code section, a filing fee of $50.00 shall be imposed for each report that is filed late. In addition, a filing fee of $25.00 shall be imposed on the fifteenth day after the due date if the report has still not been filed.
(f)
The commission is vested with the same powers with respect to this Code section as enumerated in Code Section
21-5-6
.
(g)
Venue for prosecution of civil violations of this Code section or for any other action by or on behalf of the commission shall be in the county of residence of the accused person at the time of the alleged violation or action.
(h)
Any person who knowingly fails to comply with or knowingly violates this Code section shall be guilty of a misdemeanor.
Amended by 2023 Ga. Laws 340,§ 9, eff. 7/1/2023.
Amended by 2010 Ga. Laws 680,§ 26, eff. 1/10/2011.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 1 - GENERAL PROVISIONS (§§ 45-1-1 — 45-1-8) › Section 45-1-7 - Paid break time and private location for expression of breast milk

(a)
As used in this Code section, the term "agency" means a branch, department, agency, board, bureau, office, commission, public corporation, authority, county, municipal corporation, school district, or other political subdivision of this state.
(b)
Each agency shall provide paid break time of a reasonable duration to an employee who desires to express breast milk during work hours at the agency's worksite. Such break time shall be paid at the employee's regular rate of compensation. If the employee is paid on a salary basis, the agency shall neither require the salaried employee to use paid leave during any break nor reduce the employee's salary as a result of the salaried employee taking a break to express breast milk during the workday. No agency shall be required to provide paid break time to an employee on any day that the employee is working away from the agency's worksite.
(c)
Each agency shall provide a room or other location, other than a restroom, in close proximity to the employee's work area where an employee described in subsection (b) of this Code section can express breast milk in privacy at the agency's worksite.
(d)
No agency shall have liability under this Code section for making reasonable efforts to comply with this Code section.
Added by 2020 Ga. Laws 595,§ 1-2, eff. 8/5/2020.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 1 - GENERAL PROVISIONS (§§ 45-1-1 — 45-1-8) › Section 45-1-8 - Payroll deduction for liability insurance protection

(a)
As used in this Code section, the term:
(1)
"Correctional officer" means any person who is authorized to exercise the power of arrest and who is employed or appointed by the Department of Corrections or the State Board of Pardons and Paroles.
(2)
"Emergency health worker" means hospital emergency department personnel and emergency medical services personnel.
(3)
"ERISA" means the federal Employee Retirement Income Security Act of 1974,
29 U.S.C. Section 1001
, et seq.
(4)
"Firefighter" shall have the same meaning as set forth in Code Section
25-4-2
.
(5)
"Highway emergency response operator" means a person employed by the Department of Transportation who operates a towing or recovery vehicle or highway maintenance vehicle.
(6)
"Jail officer" means any person who is employed or appointed by a county or municipality and who has the responsibility of supervising inmates confined in a municipal or county detention facility.
(7)
"Juvenile correctional officer" means any person employed or appointed by the Department of Juvenile Justice whose primary responsibility is the supervision and control of youth confined in its programs and facilities.
(8)
"Probation officer" means a community supervision officer, county or Department of Juvenile Justice juvenile probation officer, or probation officer serving pursuant to Article 6 of Chapter 8 of Title 42.
(9)
"Public safety employee" means a peace officer, correctional officer, emergency health worker, firefighter, highway emergency response operator, jail officer, juvenile correctional officer, or probation officer.
(b)
The State of Georgia and the governing authority of each county and municipality that currently provides electronic payroll deposits to employees shall also provide payroll deductions to any full-time or part-time public safety employee who requests such a deduction for the purpose of purchasing insurance that provides such public safety employee with legal representation during all civil, administrative, or criminal actions caused as a result of his or her role or responsibilities as a public safety employee. Such deduction shall only be used to pay the premiums on insurance plans that are compliant within current ERISA standards and any dues or fees required by any professional organization that owns and provides such ERISA compliant product as a benefit of membership.
Added by 2021 Ga. Laws 263,§ 3, eff. 7/1/2021.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 2 - ELIGIBILITY AND QUALIFICATIONS FOR OFFICE (§§ 45-2-1 — 45-2-45) › Article 1 - GENERAL PROVISIONS (§§ 45-2-1 — 45-2-9) › Section 45-2-2 - Person to hold only one county office; commissioned officer not to be deputy for another

No person shall hold, in any manner whatever, or be commissioned to hold more than one county office at one time, except by special enactment of the General Assembly; nor shall any commissioned officer be deputy for any other commissioned officer, except by such special enactment.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 2 - ELIGIBILITY AND QUALIFICATIONS FOR OFFICE (§§ 45-2-1 — 45-2-45) › Article 1 - GENERAL PROVISIONS (§§ 45-2-1 — 45-2-9) › Section 45-2-3 - Persons failing to obtain commissions ineligible for reelection

Persons who, after an election, fail to comply with all the prerequisites of the law in order to obtain commissions or certificates to discharge the duties of their office shall, by reason of such failure, be ineligible for reelection to the same office at the next election.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 2 - ELIGIBILITY AND QUALIFICATIONS FOR OFFICE (§§ 45-2-1 — 45-2-45) › Article 1 - GENERAL PROVISIONS (§§ 45-2-1 — 45-2-9) › Section 45-2-4 - Officers to reside in state, discharge duties until successor commissioned, and have seal

All officers of this state shall reside in this state at such places as are designated by law and shall discharge the duties of their offices until the successors are commissioned and qualified, except that public officers appointed by the Governor and subject to confirmation by the Senate shall not hold over until their successors have been appointed and confirmed; and all officers whose certificates or records or other papers are admissible in evidence in any court in this state must have and keep an official seal.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 2 - ELIGIBILITY AND QUALIFICATIONS FOR OFFICE (§§ 45-2-1 — 45-2-45) › Article 1 - GENERAL PROVISIONS (§§ 45-2-1 — 45-2-9) › Section 45-2-5 - Municipal or county governments not to require residence as condition of employment

No municipal or county government in this state shall require as a condition of employment by such government that applicants for employment as officers or employees, or such officers or employees now or hereafter employed, must reside within the boundaries of the municipality or county.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 2 - ELIGIBILITY AND QUALIFICATIONS FOR OFFICE (§§ 45-2-1 — 45-2-45) › Article 1 - GENERAL PROVISIONS (§§ 45-2-1 — 45-2-9) › Section 45-2-6 - Municipal or county governments not to use residence as advantage or disadvantage in administering employee merit system

A municipal or county government of this state, in using any merit system examination or other type of examination or evaluation of personnel in connection with application for employment, demotion, or discharge of employees or promotion of employees, shall not apply additional points, credits, or other benefits to residents of the municipality or county to give such residents an advantage for the purpose of employment or promotion, or a disadvantage for the purpose of demotion or discharge, over nonresidents solely on the basis of residency. This Code section and Code Section
45-2-5
shall not be construed to prohibit the choice of a resident over a nonresident when both applicants for employment or both employees are equally qualified for the position sought by them or when both employees are equally at fault or ineffective when they are being considered for demotion or discharge from employment.
Amended by 2002 Ga. Laws 462, § 45, eff. 4/18/2002.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 2 - ELIGIBILITY AND QUALIFICATIONS FOR OFFICE (§§ 45-2-1 — 45-2-45) › Article 1 - GENERAL PROVISIONS (§§ 45-2-1 — 45-2-9) › Section 45-2-7 - [Repealed] Employment of aliens - Prohibited generally; exceptions

Repealed by 2015 Ga. Laws 70,§ 3-2, eff. 7/1/2015.
Amended by 2009 Ga. Laws 243,§ 15, eff. 7/1/2009.
Reserved. Repealed by Ga. L. 2015, p. 385, § 3-2/HB 252, effective July 1, 2015.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 2 - ELIGIBILITY AND QUALIFICATIONS FOR OFFICE (§§ 45-2-1 — 45-2-45) › Article 1 - GENERAL PROVISIONS (§§ 45-2-1 — 45-2-9) › Section 45-2-8 - [Repealed] Employment of aliens - Official subject to removal for violation

Repealed by 2015 Ga. Laws 70,§ 3-2, eff. 7/1/2015.
Reserved. Repealed by Ga. L. 2015, p. 385, § 3-2/HB 252, effective July 1, 2015.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 2 - ELIGIBILITY AND QUALIFICATIONS FOR OFFICE (§§ 45-2-1 — 45-2-45) › Article 1 - GENERAL PROVISIONS (§§ 45-2-1 — 45-2-9) › Section 45-2-9 - State agencies not to discriminate in employment against servicemen's wives

(a)
No department, agency, or board of the state shall deny employment with such department, agency, or board to a wife whose husband is on active duty in the armed forces of the United States or on active duty in a reserve component of the armed forces of the United States, including the national guard, merely because she is a wife of a member of the armed forces.
(b)
This Code section shall not be construed to require a department, agency, or board of the state to employ any person who is not qualified for such employment or to employ any person if no opening is available for the position applied for by such person. This Code section is intended only to prevent departments, agencies, and boards of the state from discriminating against wives of servicemen in the opportunity of securing employment with such departments, agencies, and boards.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 2 - ELIGIBILITY AND QUALIFICATIONS FOR OFFICE (§§ 45-2-1 — 45-2-45) › Article 2 - VETERANS' CIVIL SERVICE PREFERENCE (§§ 45-2-20 — 45-2-22) › Section 45-2-20 - "Armed conflict" defined

As used in this article, the term "armed conflict" means armed military intervention beyond the limits of the United States, as well as any confrontation of the armed forces of the United States with foreign nationals in which actual hostilities erupt.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 2 - ELIGIBILITY AND QUALIFICATIONS FOR OFFICE (§§ 45-2-1 — 45-2-45) › Article 2 - VETERANS' CIVIL SERVICE PREFERENCE (§§ 45-2-20 — 45-2-22) › Section 45-2-21 - Veteran entitled to additional five points on civil service examination score

(a)
Any veteran who has served on active duty as a member of the armed forces of the United States for a period of more than 180 days, not counting service under an initial period of active duty for training under the six-months' reserve or National Guard programs, any portion of which service occurred during a period of armed conflict in which any branch of the armed forces of the United States engaged, whether under United States command or otherwise, and who was honorably discharged therefrom shall be entitled to and shall have five points added to his passing score on any competitive civil service examination for employment with the state government or any political subdivision thereof; provided, however, that such veteran is not already eligible for veterans preference under Article IV, Section III, Paragraph II of the Constitution of Georgia.
(b)
Notwithstanding the 180 day minimum active duty requirement of subsection (a) of this Code section, the five-point preference granted to veterans under said subsection shall apply to any member of the National Guard or armed forces reserve who served on active duty for any length of time during any portion of the time the armed forces of the United States were engaged in Operation Desert Shield or Operation Desert Storm if such service occurred in an area of imminent danger as defined by the United States Department of Defense as follows:
"Area of imminent danger" means:
(1)
The Persian Gulf;
(2)
The Red Sea;
(3)
The Gulf of Oman;
(4)
The portion of the Arabian Sea that lies north of 10 degrees north latitude and west of 68 degrees east longitude;
(5)
The Gulf of Aden; and
(6)
The total land area of Saudi Arabia, Kuwait, Iraq, Yemen, Oman, Bahrain, Qatar, and the United Arab Emirates.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 2 - ELIGIBILITY AND QUALIFICATIONS FOR OFFICE (§§ 45-2-1 — 45-2-45) › Article 2 - VETERANS' CIVIL SERVICE PREFERENCE (§§ 45-2-20 — 45-2-22) › Section 45-2-22 - Disabled veteran entitled to additional ten points on civil service examination score

Any veteran, as provided in Code Section
45-2-21
, who has at least a 10 percent service connected disability, as rated and certified by the United States Department of Veterans Affairs, shall be entitled to and shall have ten points added to his passing score on any competitive civil service examination, said ten-point preference being in lieu of and not in addition to any other similar preference accorded by law.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 2 - ELIGIBILITY AND QUALIFICATIONS FOR OFFICE (§§ 45-2-1 — 45-2-45) › Article 3 - PHYSICAL EXAMINATION OF STATE EMPLOYEES (§§ 45-2-40 — 45-2-45) › Section 45-2-40 - Employees to furnish certificate of physical fitness for employment

No person who is otherwise qualified shall be employed in any capacity by the state or any department or agency thereof unless the person is certified as meeting the standards of medical and physical fitness by a qualified medical practitioner within a prescribed number of calendar days after the date of an offer of employment. However, the State Personnel Board may provide for standards of medical and physical fitness for some positions that require only certification by the prospective employee and such certification may be accepted by the respective employing department without further assessment by a medical practitioner.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 2 - ELIGIBILITY AND QUALIFICATIONS FOR OFFICE (§§ 45-2-1 — 45-2-45) › Article 3 - PHYSICAL EXAMINATION OF STATE EMPLOYEES (§§ 45-2-40 — 45-2-45) › Section 45-2-42 - State department or agency to furnish standards of fitness of positions

The state department or agency shall furnish to the applicant the standards of medical and physical fitness for the position for which applied in such manner as to enable a medical practitioner to ascertain the physical capacity of the applicant to fulfill the requirements of employment.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 2 - ELIGIBILITY AND QUALIFICATIONS FOR OFFICE (§§ 45-2-1 — 45-2-45) › Article 3 - PHYSICAL EXAMINATION OF STATE EMPLOYEES (§§ 45-2-40 — 45-2-45) › Section 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

If a physical examination is required, the examining medical practitioner shall make a report certifying that the prospective employee has been examined and certified as not having any condition that would impair the fulfillment of the prescribed duties of the employment. However, if a condition exists which would impair the fulfillment of the prescribed duties, the medical practitioner shall identify such condition, the employing agency shall provide reasonable accommodation to the extent required by the Americans with Disabilities Act,
42 U.S.C. Section 12101
, et seq., and the medical practitioner shall certify that the prospective employee, with the accommodation, meets the standards of medical and physical fitness for the position. Additional confidential medical information should be given only with the consent of the applicant. The examining medical practitioner shall complete the necessary forms and findings in accordance with the rules of the State Personnel Board. All such medical information shall be retained in a separate, confidential file and not as a part of the personnel file.
Amended by 2002 Ga. Laws 462, § 45, eff. 4/18/2002.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 2 - ELIGIBILITY AND QUALIFICATIONS FOR OFFICE (§§ 45-2-1 — 45-2-45) › Article 3 - PHYSICAL EXAMINATION OF STATE EMPLOYEES (§§ 45-2-40 — 45-2-45) › Section 45-2-44 - State Personnel Board to adopt rules and regulations; expenditure of funds

The State Personnel Board, subject to the approval of the Governor, shall adopt and promulgate rules and regulations for the administration of this article. The board, through the commissioner of administrative services, is authorized to expend allocated funds for the necessary forms and other incidental administrative expenses in effectuating this article. All other expenses shall be borne by the prospective employee or the respective employing department in accordance with the rules of the board.
Amended by 2012 Ga. Laws 630,§ 2-68, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 2 - ELIGIBILITY AND QUALIFICATIONS FOR OFFICE (§§ 45-2-1 — 45-2-45) › Article 3 - PHYSICAL EXAMINATION OF STATE EMPLOYEES (§§ 45-2-40 — 45-2-45) › Section 45-2-45 - Applicability of article

This article shall not apply to department heads, temporary employees, other categories of employees of the state as defined by the State Personnel Board, or to students in the University System of Georgia in the employ of the state, nor shall it apply to any present employee. As used in this Code section, the term "temporary employee" means a person whose period of employment is of short duration or is part time as defined by the State Personnel Board.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 3 - OFFICIAL OATHS AND COMMISSIONS (§§ 45-3-1 — 45-3-31) › Article 1 - OFFICIAL OATHS (§§ 45-3-1 — 45-3-16) › Section 45-3-1 - Oaths required in addition to oath of office and constitutional oath

Every public officer shall:
(1)
Take the oath of office;
(2)
Take any oath prescribed by the Constitution of Georgia;
(3)
Swear that he or she is not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof;
(4)
Swear that he or she is not the holder of any office of trust under the government of the United States, any other state, or any foreign state which he or she is by the laws of the State of Georgia prohibited from holding;
(5)
Swear that he or she is otherwise qualified to hold said office according to the Constitution and laws of Georgia;
(6)
Swear that he or she will support the Constitution of the United States and of this state; and
(7)
If elected by any circuit or district, swear that he or she has been a resident thereof for the time required by the Constitution and laws of this state.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 3 - OFFICIAL OATHS AND COMMISSIONS (§§ 45-3-1 — 45-3-31) › Article 1 - OFFICIAL OATHS (§§ 45-3-1 — 45-3-16) › Section 45-3-2 - Form and subscription of oath

The form of the oath prescribed in Code Section
45-3-1
and the oath of office to be taken and subscribed shall be forwarded with the dedimus potestatem and shall be taken and subscribed at the time of receiving the commission before the officer to whom the same is directed and in conformity with any directions.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 3 - OFFICIAL OATHS AND COMMISSIONS (§§ 45-3-1 — 45-3-31) › Article 1 - OFFICIAL OATHS (§§ 45-3-1 — 45-3-16) › Section 45-3-3 - Officer authorized to administer oaths; oaths to be written, subscribed, and dated

When not otherwise provided by law and when not directed in the dedimus potestatem, the oaths of office may be taken before any officer authorized by law to administer an oath. Such oaths shall be written and subscribed by the persons taking them and accompanied by the certificate of such officer, which shall specify the day and year taken.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 3 - OFFICIAL OATHS AND COMMISSIONS (§§ 45-3-1 — 45-3-31) › Article 1 - OFFICIAL OATHS (§§ 45-3-1 — 45-3-16) › Section 45-3-4 - Filing of oaths - Generally

The oaths prescribed in Code Section
45-3-1
, when taken by an officer whose general duties are not confined to any one county unless otherwise specially provided, shall be filed with the certificate required by Code Section
45-3-3
in the office of the Governor and, when taken by an officer whose duties are confined to one county, shall be filed as provided in Code Section
45-3-5
.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 3 - OFFICIAL OATHS AND COMMISSIONS (§§ 45-3-1 — 45-3-31) › Article 1 - OFFICIAL OATHS (§§ 45-3-1 — 45-3-16) › Section 45-3-5 - Filing of oaths - County officers

When taken by the judges of the probate courts and the clerks of the superior courts, official oaths shall be filed in the office of the clerk of the superior court and also entered on the minutes of the court. When taken by sheriffs, the oaths shall be filed in the office of the judge of the probate court and shall be entered on the minutes of the superior courts; and when taken by coroners, tax collectors, tax receivers, county treasurers, magistrates, constables, or any other county officers, they shall be filed in the office of the judge of the probate court, who shall enter them on the minutes of his court.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 3 - OFFICIAL OATHS AND COMMISSIONS (§§ 45-3-1 — 45-3-31) › Article 1 - OFFICIAL OATHS (§§ 45-3-1 — 45-3-16) › Section 45-3-6 - Filing of oaths - Endorsement of filing time

The officer in whose office the oaths prescribed in Code Section
45-3-1
are filed must endorse thereon the day and year of filing.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 3 - OFFICIAL OATHS AND COMMISSIONS (§§ 45-3-1 — 45-3-31) › Article 1 - OFFICIAL OATHS (§§ 45-3-1 — 45-3-16) › Section 45-3-7 - Oaths of deputies

Before proceeding to act, all deputies shall take the same oaths as their principals take and the oaths shall be filed and entered on the minutes of the same office with the same endorsement thereon; but this Code section shall not apply to any deputy who may be employed in particular cases only. A deputy sheriff may take his oaths before the sheriff and the oaths may be filed in and entered in the records of the sheriff's office.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 3 - OFFICIAL OATHS AND COMMISSIONS (§§ 45-3-1 — 45-3-31) › Article 1 - OFFICIAL OATHS (§§ 45-3-1 — 45-3-16) › Section 45-3-8 - Effect of failure to take and file oath generally

No officer or deputy required by law to take and file the oaths prescribed in Code Section
45-3-1
shall enter upon the duties of his office without first taking and filing the same in the proper office.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 3 - OFFICIAL OATHS AND COMMISSIONS (§§ 45-3-1 — 45-3-31) › Article 1 - OFFICIAL OATHS (§§ 45-3-1 — 45-3-16) › Section 45-3-9 - Entry into duties of office without oath

Any officer or deputy required by law to take and file an official oath who shall enter upon the duties of his office without first taking and filing the same in the proper office shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 3 - OFFICIAL OATHS AND COMMISSIONS (§§ 45-3-1 — 45-3-31) › Article 1 - OFFICIAL OATHS (§§ 45-3-1 — 45-3-16) › Section 45-3-10 - Effect of failure to take and file oath upon validity of official acts

The official acts of an officer shall be valid regardless of his omission to take and file the oath, except in cases where so specially declared.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 3 - OFFICIAL OATHS AND COMMISSIONS (§§ 45-3-1 — 45-3-31) › Article 1 - OFFICIAL OATHS (§§ 45-3-1 — 45-3-16) › Section 45-3-10.1 - Applicability of Code Sections 45-3-1 through 45-3-10

(a)
Code Sections
45-3-1
through
45-3-10
shall apply to all municipal corporations and to all peace officers of this state or any political subdivision or authority thereof.
(b)
When taken by municipal officers, official oaths shall be filed in the office of the judge of the probate court. When taken by peace officers, official oaths shall be filed in the records of such department or agency.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 3 - OFFICIAL OATHS AND COMMISSIONS (§§ 45-3-1 — 45-3-31) › Article 1 - OFFICIAL OATHS (§§ 45-3-1 — 45-3-16) › Section 45-3-11 - Loyalty oath - Persons required to take oath generally

All persons who are employed by and are on the payroll of the state and are the recipients of wages, per diem, or salary of the state or its departments and agencies, with the exception of pages employed by the General Assembly, and all counties and cities, school districts, and local educational systems throughout the entire state, are required to take an oath that they will support the Constitution of the United States and the Constitution of Georgia.
Amended by 2015 Ga. Laws 70,§ 5-3, eff. 7/1/2015.
Amended by 2002 Ga. Laws 462, § 45, eff. 4/18/2002.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 3 - OFFICIAL OATHS AND COMMISSIONS (§§ 45-3-1 — 45-3-31) › Article 1 - OFFICIAL OATHS (§§ 45-3-1 — 45-3-16) › Section 45-3-12 - Loyalty oath - Elected officers

The loyalty oath required by Code Section
45-3-11
, this Code section, and Code Sections
45-3-13
through
45-3-15
shall apply to all elected officers of this state, including the Governor, constitutional officers, elected officials of any political subdivision of the government of Georgia, and local school board officials.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 3 - OFFICIAL OATHS AND COMMISSIONS (§§ 45-3-1 — 45-3-31) › Article 1 - OFFICIAL OATHS (§§ 45-3-1 — 45-3-16) › Section 45-3-13 - Loyalty oath - Form

The oath prescribed in Code Section
45-3-11
shall be in the following form:
"I, __________________ (Name) a citizen of __________________ and being an employee of __________________ and the recipient of public funds for services rendered as such employee, do hereby solemnly swear and affirm that I will support the Constitution of the United States and the Constitution of Georgia."
Amended by 2015 Ga. Laws 70,§ 5-4, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 3 - OFFICIAL OATHS AND COMMISSIONS (§§ 45-3-1 — 45-3-31) › Article 1 - OFFICIAL OATHS (§§ 45-3-1 — 45-3-16) › Section 45-3-14 - Effect of failure to sign loyalty oath

If any person required by Code Sections
45-3-11
through
45-3-13
, this Code section, and Code Section
45-3-15
to execute a loyalty oath fails to sign said oath, then the governing authority under whom such person is employed shall cause such person's name to be taken from the payroll and such person shall not be permitted to receive any payment from the state.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 3 - OFFICIAL OATHS AND COMMISSIONS (§§ 45-3-1 — 45-3-31) › Article 1 - OFFICIAL OATHS (§§ 45-3-1 — 45-3-16) › Section 45-3-15 - Proceeding for false swearing when loyalty oath violated

If any person required to do so by Code Sections
45-3-11
through
45-3-14
and this Code section executes a loyalty oath and subsequently it is proved that said individual has violated the oath, then the governing authority shall institute proceedings in the proper court against such person for false swearing.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 3 - OFFICIAL OATHS AND COMMISSIONS (§§ 45-3-1 — 45-3-31) › Article 1 - OFFICIAL OATHS (§§ 45-3-1 — 45-3-16) › Section 45-3-16 - Applicability of article

This article shall apply to the oaths of office of all public officers of this state unless the contrary is expressly provided.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 3 - OFFICIAL OATHS AND COMMISSIONS (§§ 45-3-1 — 45-3-31) › Article 2 - COMMISSIONS (§§ 45-3-30 — 45-3-31) › Section 45-3-30 - Officers commissioned under great seal of state

The commissions of the following officers shall have annexed thereto the great seal of the state, and shall be signed by the Governor and countersigned by the Secretary of State, namely: senators and representatives in Congress; Justices of the Supreme Court; Judges of the Court of Appeals, superior courts, and juvenile courts; the Attorney General; district attorneys; reporters of the Supreme Court and Court of Appeals; the Secretary of State; the Commissioner of Insurance; and all military officers of the grade of general. The commissions of all federal and judicial officers enumerated above shall be on parchment.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 3 - OFFICIAL OATHS AND COMMISSIONS (§§ 45-3-1 — 45-3-31) › Article 2 - COMMISSIONS (§§ 45-3-30 — 45-3-31) › Section 45-3-31 - Officers commissioned under executive seal

The commissions of all other civil officers, except constables and clerks of magistrate courts, of the state or county shall be under the seal of the office of the Governor, signed by the Governor, and countersigned by one of his secretaries. All officers of the militia of the grade of lieutenant or higher shall have commissions under the seal of the office of the Governor.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 4 - OFFICIAL BONDS (§§ 45-4-1 — 45-4-30) › Section 45-4-1 - Bonds to be payable to Governor and conditioned upon faithful discharge of duties

The bonds of all public officers required by law to give bond, unless otherwise provided, shall be made payable to the Governor and his successor in office. In all cases in which a different condition is not prescribed, such bonds shall be conditioned upon the faithful discharge of the duties of the office by the officer during the time he continues in the office or discharges any of its duties.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 4 - OFFICIAL BONDS (§§ 45-4-1 — 45-4-30) › Section 45-4-2 - Deputy's bond

Deputies shall give bonds with surety, payable to their principals, for their conduct as deputies, conditioned as and for the same amounts, unless otherwise provided by law, as their principals' bonds. Such bonds shall be recorded in the same office and in the same manner as the bonds of the principals.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 4 - OFFICIAL BONDS (§§ 45-4-1 — 45-4-30) › Section 45-4-3 - Return of bonds; actions on bonds

All bonds taken by public officers under the laws of this state shall be returned to the offices specified by law; and any person interested therein may bring an action thereon, in his own name, in any court having jurisdiction thereof.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 4 - OFFICIAL BONDS (§§ 45-4-1 — 45-4-30) › Section 45-4-4 - Bonds of officers commissioned by Governor

Official bonds of all officers who are entitled to commissions from the Governor and who are required to give bonds shall be prepared and furnished by the office of the Governor at the time of forwarding the dedimus potestatem.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 4 - OFFICIAL BONDS (§§ 45-4-1 — 45-4-30) › Section 45-4-5 - Bonds to have sureties; number and qualifications

All bonds that this chapter applies to shall have at least two and not more than 20 good and solvent sureties who shall be worth the amount of said bond, over and above their homestead, in case of county officers, all of whom must be permanent residents of the state and two of whom must also be residents of the county; provided, however, that a surety insurance company which has complied with all requirements to transact business in this state may be accepted as surety upon the bond of any person required by law to execute bonds, in lieu of any other surety or sureties, as provided in Code Section
45-4-6
. When the approving court or officers do not know that a surety is worth the required amount, they shall not accept him unless he swears that his means are sufficient in amount, which swearing they shall record on the bond.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 4 - OFFICIAL BONDS (§§ 45-4-1 — 45-4-30) › Section 45-4-6 - Corporate sureties authorized

Guaranty or surety companies incorporated under the laws of this state or which have complied with all requirements to transact business in this state may become sureties upon the bonds of all state or county officers; and the various officers of this state whose duty it is to approve the sureties upon such bonds are authorized to accept such company or companies as one of the sureties or the only surety upon such bond, as the solvency of such company may warrant.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 4 - OFFICIAL BONDS (§§ 45-4-1 — 45-4-30) › Section 45-4-7 - County officials required to have corporate surety on bond; county to pay premiums

All county officials who are required to give an official bond shall make bond signed by some surety or guaranty company authorized to do business in this state. The premiums due on all such bonds must be paid by the county fiscal authorities out of county funds, and it shall be mandatory upon the county fiscal authorities in every county in the state to pay the premiums due on all such bonds out of county funds. This Code section shall not apply to county school superintendents' bonds.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 4 - OFFICIAL BONDS (§§ 45-4-1 — 45-4-30) › Section 45-4-8 - Attorney at law or county officer not to be surety

No attorney at law or county officer shall be accepted as surety on the bond of any county officer.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 4 - OFFICIAL BONDS (§§ 45-4-1 — 45-4-30) › Section 45-4-9 - New bond and surety when surety relieved or insufficient

The Governor shall require a new surety and bond for the performance of any public duty by any officer under this chapter when, in the Governor's discretion:
(1)
The surety gives written notice to the Governor of his desire to be relieved from future liability for good cause stated and sworn to; or
(2)
The surety becomes insufficient, based upon satisfactory evidence.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 4 - OFFICIAL BONDS (§§ 45-4-1 — 45-4-30) › Section 45-4-10 - Effect of officer failing to comply with new bond and surety

If any officer shall fail to comply with the requisition of the Governor to furnish a new bond and surety within ten days from the date such officer is served personally with a copy of the executive order containing such requisition, he shall on account of such failure be removed from office and a vacancy declared.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 4 - OFFICIAL BONDS (§§ 45-4-1 — 45-4-30) › Section 45-4-11 - Blanket bonds covering two or more political subdivisions, officers authorized; amount and coverage period; recording; entities

(a)
Notwithstanding any other provision of law to the contrary, the several counties, municipalities, and other political subdivisions of this state, including independent school districts, are authorized to purchase blanket bonds in lieu of individual bonds. Blanket bonds may cover any two or more officers, officials, agents, and any other employees of such political subdivisions where they are required by law to be bonded.
(b)
A blanket bond shall be in an amount sufficient to cover all or certain specified individual bonds otherwise required by law to be purchased by a county, municipality, or other political subdivision. The blanket bond shall specify the dates of coverage, the positions or persons covered by the bond, and the persons or entities to whom or to which the bond is payable.
(c)
A blanket bond shall be signed by the judge of the probate court of the county wherein the county, municipality, or school district purchasing the blanket bond is located. The bond shall be filed and recorded in the office of the probate court. Such signing, filing, and recording shall be in lieu of any other endorsement, signing, filing, approval, or recording otherwise required by law for individual bonds. Where a municipality or school district is located in more than one county, the bond shall be signed, filed, and recorded by the probate judge of the county within which the municipality or school district is predominately located based upon population.
(d)
In addition to any other guaranty or surety companies authorized by this chapter, a blanket bond may be offered by an interlocal risk management agency created pursuant to Chapter 85 of Title 36 or Article 29 of Chapter 2 of Title 20 and may be in the form of a copy of an original annual coverage agreement providing the blanket bond.
Amended by 2002 Ga. Laws 865, § 1, eff. 5/14/2002.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 4 - OFFICIAL BONDS (§§ 45-4-1 — 45-4-30) › Section 45-4-12 - Approval and filing of bonds

The approval of all official bonds shall be in writing, endorsed on the bonds, and shall show the day and year on which they were approved; and such bonds shall not be filed until thus approved.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 4 - OFFICIAL BONDS (§§ 45-4-1 — 45-4-30) › Section 45-4-13 - Approval, filing, and recording of bonds of court clerks, magistrates, sheriffs, coroners, surveyors, treasurers, and tax collectors

The official bonds given for county taxes by the clerks of the superior courts, chief magistrates, magistrates, sheriffs, coroners, county surveyors, county treasurers, county tax collectors, and county tax receivers shall be approved by the judge of the probate court, filed in his office, and recorded by him. The bonds of tax collectors and tax receivers for state taxes, after being likewise approved, shall be recorded by the judge of the probate court; and the original bond shall be transmitted by him to the Governor for deposit in the comptroller general's office.
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 4 - OFFICIAL BONDS (§§ 45-4-1 — 45-4-30) › Section 45-4-14 - Time for filing bonds

The official bonds of public officers, required by law to be filed in the office of the comptroller general, Secretary of State or with the office of the Governor, shall be filed within 40 days after the election or appointment of such officers. All county officers shall have until the first day of January following the election to file their bonds as required by law.
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 4 - OFFICIAL BONDS (§§ 45-4-1 — 45-4-30) › Section 45-4-15 - Filing time to be endorsed on bonds

Every officer in whose office the official bond of any public officer is filed shall endorse on such bond the day and year when the same was filed and shall sign his name to such endorsement.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 4 - OFFICIAL BONDS (§§ 45-4-1 — 45-4-30) › Section 45-4-16 - Manner in which power of attorney to be attested and filed where bond signed by attorney in fact

When an official bond is signed by an attorney in fact, the power of attorney shall be attested by the judge of the probate court and filed and recorded in the same manner as the bond.