reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 10 - CODES OF ETHICS AND CONFLICTS OF INTEREST (§§ 45-10-1 — 45-10-92) › Article 2 - CONFLICTS OF INTEREST (§§ 45-10-20 — 45-10-92) › Part 1 - GENERAL PROVISIONS (§§ 45-10-20 — 45-10-29) › Section 45-10-26 - Annual disclosure statements concerning business transactions with state; public records

(a)
Except as provided in subsection (b) of this Code section, any public official or employee, whether for himself, herself, or on behalf of any business, or any business in which such public official or employee or any member of his or her family has a substantial interest who transacts business with the state or any agency thereof shall disclose such transactions. Such disclosure shall be submitted prior to January 31 each year to the State Ethics Commission on such forms as it shall prescribe and shall include an itemized list of the previous year's transactions with the dollar amount of each transaction reported and totaled. Such disclosure statements shall be public records.
(b)
The requirement to disclose certain transactions as provided in subsection (a) of this Code section shall not apply to any transaction when the amount of a single transaction does not exceed $250.00 and when the aggregate of all transactions does not exceed $9,000.00 per calendar year.
(c)
Any person who fails to file a disclosure statement as required in subsection (a) of this Code section shall be subject to the penalties provided for in Code Section
45-10-28
.
Amended by 2023 Ga. Laws 340,§ 11, eff. 7/1/2023.
Amended by 2010 Ga. Laws 680,§ 28, eff. 1/10/2011.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 10 - CODES OF ETHICS AND CONFLICTS OF INTEREST (§§ 45-10-1 — 45-10-92) › Article 2 - CONFLICTS OF INTEREST (§§ 45-10-20 — 45-10-92) › Part 1 - GENERAL PROVISIONS (§§ 45-10-20 — 45-10-29) › Section 45-10-27 - Construction of part with provisions, rules, and regulations of Chapter 20 of this title

This part shall in no way supersede any provision of Chapter 20 of this title or any rule or regulation promulgated pursuant thereto.
Amended by 2012 Ga. Laws 630,§ 2-72, eff. 7/1/2012.
Amended by 2009 Ga. Laws 155,§ 2, eff. 5/5/2009.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 10 - CODES OF ETHICS AND CONFLICTS OF INTEREST (§§ 45-10-1 — 45-10-92) › Article 2 - CONFLICTS OF INTEREST (§§ 45-10-20 — 45-10-92) › Part 1 - GENERAL PROVISIONS (§§ 45-10-20 — 45-10-29) › Section 45-10-28 - Penalties for violation of part; civil actions by Attorney General to collect penalties; violations by public official, agency head, or employee

(a)
(1)
Any appointed public official or employee who violates Code Section
45-10-22
,
45-10-23
,
45-10-24
,
45-10-26
, or
45-10-29
shall be subject to:
(A)
Removal from office or employment;
(B)
A civil fine not to exceed $10,000.00; and
(C)
Restitution to the state of any pecuniary benefit received as a result of such violation.
(2)
Any elected public official who violates Code Section
45-10-22
,
45-10-23
,
45-10-24
,
45-10-26
, or
45-10-29
shall be subject to:
(A)
A civil fine not to exceed $10,000.00; and
(B)
Restitution to the state of any pecuniary benefit received as a result of such violation.
(3)
Any business which violates Code Section
45-10-22
,
45-10-23
,
45-10-24
,
45-10-26
, or
45-10-29
shall be subject to:
(A)
A civil fine not to exceed $10,000.00; and
(B)
Restitution to the state of any pecuniary benefit received as a result of such violation.
(b)
The penalties provided for in subsection (a) of this Code section may be imposed in any civil action brought for that purpose, and such actions shall be brought by the Attorney General.
(c)
As used in this subsection, the term "agency head" shall have the same meaning as set forth in Code Section
50-36-1
. Any public official, agency head, or employee who violates Code Section
13-10-91
or
50-36-1
shall be subject to:
(1)
A civil fine not to exceed $10,000.00;
(2)
Restitution to the state or local government, whichever is applicable, of any pecuniary benefit received as a result of such violation; and
(3)
Where such violation is committed knowingly and intentionally, removal from office or employment.
Amended by 2012 Ga. Laws 684,§ 45, eff. 5/1/2012.
Amended by 2011 Ga. Laws 252,§ 15, eff. 7/1/2011.
Amended by 2011 Ga. Laws 112,§ 10, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 10 - CODES OF ETHICS AND CONFLICTS OF INTEREST (§§ 45-10-1 — 45-10-92) › Article 2 - CONFLICTS OF INTEREST (§§ 45-10-20 — 45-10-92) › Part 1 - GENERAL PROVISIONS (§§ 45-10-20 — 45-10-29) › Section 45-10-29 - Public officials prohibited from granting themselves licenses by waiving certain requirements; requirements to be satisfied prior to renewal of licenses; penalties for violations

(a)
Notwithstanding any law, rule, or regulation to the contrary, a public official shall not be authorized to waive any legal, educational, or testing requirement for himself or herself relative to the issuance of any license to himself, herself, or to his or her business.
(b)
Any license that has been issued by a public official by waiving any legal, educational, or testing requirement for himself or herself relative to the issuance of any license to himself, herself, or to his or her business shall not be renewed until and unless the license holder has satisfied all of the requirements for securing a renewal license as well as any requirement that had been waived for the issuance of the original license.
(c)
Any person who knowingly violates subsection (a) or (b) of this Code section shall be subject to the penalties provided for in Code Section
45-10-28
.
Added by 2011 Ga. Laws 112,§ 11, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 10 - CODES OF ETHICS AND CONFLICTS OF INTEREST (§§ 45-10-1 — 45-10-92) › Article 2 - CONFLICTS OF INTEREST (§§ 45-10-20 — 45-10-92) › Part 2 - CONTRACTS OF OFFICERS OF STATE INSTITUTIONS WITH STATE INSTITUTIONS (§§ 45-10-40 — 45-10-42) › Section 45-10-40 - Contracting with state institutions not allowed; exceptions

No member of the Board of Regents of the University System of Georgia or of the Board of Human Services, no trustee or other officer of any institution which is wholly or in part supported by state funds, and no partnership of which such person is a member shall make any contract with the governing board or trustees of such institution or any officer of such institution for the sale and purchase of merchandise or supplies for such institution whereby profit shall accrue to such board member or trustee or such partnership of which such person is a member. Such trustee or officer of such institution shall not make any profit or receive any money for the sale, handling, or disposal of any crop or crops or property of such institution. Such member, trustee, or other officer of such institution shall not make or be interested in any contract for supplies or merchandise for such institution when such contract or the making of the same is wholly or in part made or influenced by the action of the board governing such institution or the trustees thereof or is controlled by any officer of such institution; and any and all such contracts are declared to be illegal and void, provided that any such contracts as are described in this Code section may be made with a corporation of which any such board member or trustee is a stockholder if such member or trustee does not vote on or participate in the making of such contract. No board member or trustee of such institution shall be prohibited from making contracts for furnishing supplies to the students or faculty of such institution for their individual use.
Amended by 2009 Ga. Laws 102,§ 2-3, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 10 - CODES OF ETHICS AND CONFLICTS OF INTEREST (§§ 45-10-1 — 45-10-92) › Article 2 - CONFLICTS OF INTEREST (§§ 45-10-20 — 45-10-92) › Part 2 - CONTRACTS OF OFFICERS OF STATE INSTITUTIONS WITH STATE INSTITUTIONS (§§ 45-10-40 — 45-10-42) › Section 45-10-41 - Penalty for profiting from contracts with state institutions generally; discharge from office

Any member of the Board of Regents of the University System of Georgia or of the Board of Human Services or any trustee or other officer of any institution supported wholly or in part by state funds who violates Code Section
45-10-40
shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as prescribed in Code Section
17-10-3
. If any member of the Board of Regents of the University System of Georgia or of the Board of Human Services is found guilty of violating Code Section
45-10-40
, his office shall become vacant; and it is the duty of the Governor, where the power to fill the vacancy is lodged in the Governor, to appoint some other person to fill the vacancy. If any trustee or other officer of such institution is found guilty of violating Code Section
45-10-40
, he shall be discharged from his office in such institution and shall not be eligible to be reelected or reappointed to such office; and the vacancy shall be filled by the board or the authority which, under the law, has the right to fill such vacancy.
Amended by 2009 Ga. Laws 102,§ 2-3, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 10 - CODES OF ETHICS AND CONFLICTS OF INTEREST (§§ 45-10-1 — 45-10-92) › Article 2 - CONFLICTS OF INTEREST (§§ 45-10-20 — 45-10-92) › Part 2 - CONTRACTS OF OFFICERS OF STATE INSTITUTIONS WITH STATE INSTITUTIONS (§§ 45-10-40 — 45-10-42) › Section 45-10-42 - Reporters for State Board of Workers' Compensation may sell transcripts to state agencies

Notwithstanding any other provision of Part 1 of this article or any other provision of this Code, public officers and employees who are reporters for the State Board of Workers' Compensation may, for themselves or on behalf of any business entity, when providing transcripts of records to parties under subsection (g) of Code Section
34-9-102
, sell such transcripts to any agency of the state and receive compensation therefor.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 10 - CODES OF ETHICS AND CONFLICTS OF INTEREST (§§ 45-10-1 — 45-10-92) › Article 2 - CONFLICTS OF INTEREST (§§ 45-10-20 — 45-10-92) › Part 3 - CONTRACTS OF COUNTY COMMISSIONERS WITH COUNTY (§ 45-10-60) › Section 45-10-60 - Requirements for sales of real property by county commissioner to county

Notwithstanding any other provision of general or local law, a county commissioner or member of a board of county commissioners may sell real property to the county if all of the following conditions are met:
(1)
The real property which is the subject of the sale is adjacent to a landfill owned and operated by the county;
(2)
The real property which is the subject of the sale is to be used by the county in connection with the operation of the landfill;
(3)
The sale price of the real property does not exceed the lowest of three appraisals of the fair market value of the property made by three appraisers appointed by the probate judge of the county; and
(4)
Disclosure of the sale is made as required by Code Section
16-10-6
.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 10 - CODES OF ETHICS AND CONFLICTS OF INTEREST (§§ 45-10-1 — 45-10-92) › Article 2 - CONFLICTS OF INTEREST (§§ 45-10-20 — 45-10-92) › Part 4 - HOLDING OF ADDITIONAL OFFICES BY NONELECTIVE STATE OFFICERS OR EMPLOYEES (§ 45-10-70) › Section 45-10-70 - Holding office in political subdivision, political party, or political organization by nonelective state officers or employees

No rules or regulations of any state agency, department, or authority shall prohibit nonelective officers or employees of this state from offering for or holding any elective or appointive office of a political subdivision of this state or any elective or appointive office of a political party or political organization of this state, provided that the office is not full time and does not conflict with the performance of the official duties of the person as a state employee.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 10 - CODES OF ETHICS AND CONFLICTS OF INTEREST (§§ 45-10-1 — 45-10-92) › Article 2 - CONFLICTS OF INTEREST (§§ 45-10-20 — 45-10-92) › Part 5 - PROHIBITIONS OF PUBLIC OFFICERS WITH REGARD TO FAMILY (§ 45-10-80) › Section 45-10-80 - Public officers prohibited from advancing, employing, or advocating the employment of family members

(a)
A public officer, as defined in subparagraphs (A) through (E) of paragraph (22) of Code Section
21-5-3
, is prohibited from advocating for or causing the advancement, appointment, employment, promotion, or transfer of a member of his or her family, as such term is defined in Code Section
21-5-3
, to an office or position to become a public employee, as defined in paragraph (3) of subsection (a) of Code Section
45-1-4
, that pays an annual salary of $10,000.00 or more or its equivalent.
(b)
Any person advanced, appointed, employed, promoted, or transferred in violation of this Code section shall not be entitled to any payment, salary, or benefits received for any position so illegally obtained; and any person who receives payment, salary, or benefits for a position obtained in violation of this Code section shall be required to reimburse the state for all amounts so received.
Added by 2005 Ga. Laws 212,§ 25, eff. 1/9/2006.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 10 - CODES OF ETHICS AND CONFLICTS OF INTEREST (§§ 45-10-1 — 45-10-92) › Article 2 - CONFLICTS OF INTEREST (§§ 45-10-20 — 45-10-92) › Part 6 - CONFLICTS OF INTEREST, ABUSE OF POWER, AND IMPROPER USE OF STATE EMPLOYEES BY GENERAL ASSEMBLY MEMBERS (§§ 45-10-90 — 45-10-92) › Section 45-10-90 - Definitions

As used in this part, the term:
(1)
"Abuse of official power" means threatening to use the powers or personnel of a state entity for personal purposes of coercion, retaliation, or punishment.
(2)
"Clerical officer" means the Clerk of the House of Representatives or the Secretary of the Senate.
(3)
"Committee" means the House Committee on Ethics or the Senate Ethics Committee.
(4)
"Conflict of interest" means an individual has multiple interests and uses his or her official position to exploit, in some way, his or her position for his or her own direct, unique, pecuniary, and personal benefit.
(5)
"Employee" means any person who is employed by the legislative branch of state government.
(6)
"Improper conduct" means a member of the General Assembly:
(A)
Engages in conduct that is a conflict of interest;
(B)
Engages in conduct that is an abuse of official power; or
(C)
Illegally uses an employee in a political campaign.
(7)
"Member of the General Assembly" means any person elected and certified as a member of the General Assembly.
(8)
"Sexual harassment" means making sexual advances, requesting sexual favors, or other verbal or physical conduct of a sexual nature when:
(A)
Submission to such conduct is made explicitly or implicitly a term or condition of an individual's employment;
(B)
Submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting the employee; or
(C)
Such conduct interferes with the employee's work performance or creates an intimidating, hostile, or offensive work environment.
Amended by 2010 Ga. Laws 680,§ 29, eff. 1/10/2011.
Added by 2005 Ga. Laws 212,§ 26, eff. 1/9/2006.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 10 - CODES OF ETHICS AND CONFLICTS OF INTEREST (§§ 45-10-1 — 45-10-92) › Article 2 - CONFLICTS OF INTEREST (§§ 45-10-20 — 45-10-92) › Part 6 - CONFLICTS OF INTEREST, ABUSE OF POWER, AND IMPROPER USE OF STATE EMPLOYEES BY GENERAL ASSEMBLY MEMBERS (§§ 45-10-90 — 45-10-92) › Section 45-10-91 - Method of addressing improper conduct

(a)
Any person may file a complaint with the clerical officer of the appropriate chamber alleging improper conduct involving a member of the General Assembly. Any employee may file a complaint with the clerical officer of the appropriate chamber alleging sexual harassment by a member of the General Assembly. The clerical officer shall designate the place where such complaints may be filed, provide instruction necessary to properly submit a complaint, and prescribe forms for such complainants. Complaints shall be submitted in writing and verified under oath to the best information, knowledge, and belief of such person. The complaint shall include a statement by the complainant as to whether or not in filing the complaint he or she is acting as an agent, paid or otherwise, for any other person. Any person who knowingly provides false information in executing a complaint under this Code section commits the offense of false swearing within the meaning of Code Section
16-10-71
.
(b)
The clerical officer shall forward, within one business day of receipt, the original complaint and all materials appended to such complaint in a confidential report to the presiding officer of the appropriate chamber and to the chairperson of the House Committee on Ethics or the chairperson of the Senate Ethics Committee, as appropriate.
Amended by 2013 Ga. Laws 134,§ 8, eff. 1/1/2014.
Added by 2010 Ga. Laws 680,§ 29, eff. 1/10/2011.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 10 - CODES OF ETHICS AND CONFLICTS OF INTEREST (§§ 45-10-1 — 45-10-92) › Article 2 - CONFLICTS OF INTEREST (§§ 45-10-20 — 45-10-92) › Part 6 - CONFLICTS OF INTEREST, ABUSE OF POWER, AND IMPROPER USE OF STATE EMPLOYEES BY GENERAL ASSEMBLY MEMBERS (§§ 45-10-90 — 45-10-92) › Section 45-10-92 - Abuse of power and improper use of state employees by General Assembly members

(a)
The committee shall serve the person against whom any complaint is made a copy of the complaint by hand delivery or statutory overnight delivery or mailed by certified mail, return receipt requested, within five business days of the committee's receipt of such complaint.
(b)
The committee shall conduct a preliminary investigation of the merits of such complaint. If a complaint alleges a violation by one of the members of the committee, such member shall recuse himself or herself. If there are found no reasonable grounds to believe that improper conduct or sexual harassment has occurred, the complaint shall be dismissed, subject to being reopened upon discovery of additional evidence or relevant material. The committee shall not be required to conduct a hearing if there are no reasonable grounds to believe that improper conduct or sexual harassment has occurred. If the committee determines that there are such reasonable grounds to believe that improper conduct or sexual harassment has occurred, it shall give notice by summoning the persons believed to have committed the violation to a hearing. The rules of the committee shall be invoked if a hearing occurs. The committee may report suspected violations of law to the appropriate law enforcement authority.
(c)
Nothing in this Code section shall be construed to limit or encumber the right of the committee to initiate on probable cause an investigation on its own cognizance as it deems necessary to fulfill its obligations to investigate improper conduct or sexual harassment.
(d)
The committee shall adopt a retention standard for complaints and documents attached thereto.
Added by 2010 Ga. Laws 680,§ 29, eff. 1/10/2011.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 11 - MISCELLANEOUS OFFENSES CONCERNING PUBLIC OFFICERS AND EMPLO YEES (§§ 45-11-1 — 45-11-10) › Section 45-11-2 - Selling office or dividing fees

If any person who has been elected to any office shall sell or farm out said office; or if any person shall purchase or agree to give any money or other thing of value to a person elected for the privilege of exercising the duties of said office; or if any person shall promise or agree to divide the profits, fees, or emoluments of said office with the person so elected, he shall be guilty of a felony and, upon conviction thereof, shall be punished by confinement and labor in the penitentiary for not less than one year nor more than three years.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 11 - MISCELLANEOUS OFFENSES CONCERNING PUBLIC OFFICERS AND EMPLO YEES (§§ 45-11-1 — 45-11-10) › Section 45-11-3 - Assault under color of office

Any officer of this state who shall assault or beat any individual under color of his office or commission without a lawful justification to do so shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 11 - MISCELLANEOUS OFFENSES CONCERNING PUBLIC OFFICERS AND EMPLO YEES (§§ 45-11-1 — 45-11-10) › Section 45-11-4 - Unprofessional conduct; misdemeanor; applicability

(a)
As used in this Code section, the term:
(1)
"County officer" means any elected county officer, including the judge of the probate court, clerk of the superior court, tax receiver, tax collector, and tax commissioner where such office has replaced the tax receiver and tax collector, and any county commissioner.
(2)
"Municipal officer" means any mayor or elected member of any municipal governing authority.
(3)
"Public officer" means a county officer, a municipal officer, and state officials as provided in Code Section
45-15-11
.
(b)
A public officer may be charged under this Code section for:
(1)
Malpractice, misfeasance, or malfeasance in office;
(2)
Using oppression or tyrannical partiality in the administration or under the color of his or her office;
(3)
When required by law, willfully refusing or failing to preside in or hold his or her court at the regular terms thereof, or when it is his or her duty under the law to do so;
(4)
Using any other deliberate means to delay or avoid the due course or proceeding of law; or
(5)
Willfully and knowingly demanding more cost than he or she is entitled to by law in the administration and under color of his or her office.
(c)
A conviction for violating subsection (b) of this Code section shall be punished as for a misdemeanor, and upon conviction in a court of competent jurisdiction, the accused shall be removed from office.
(d)
This Code section shall only apply to a public officer charged under subsection (b) of this Code section. This Code section shall not apply when a public officer is charged with any other crime alleged to have occurred while such official was in the performance of an official duty.
(e)
This Code section shall only apply to a public officer holding office at the time of indictment and not to former office holders.
Amended by 2016 Ga. Laws 350,§ 8, eff. 7/1/2016.
Amended by 2014 Ga. Laws 669,§ 45, eff. 4/29/2014.
Amended by 2011 Ga. Laws 50,§ 1-67, eff. 7/1/2011.
Amended by 2001 Ga. Laws 197, § 3, eff. 4/20/2001.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 11 - MISCELLANEOUS OFFENSES CONCERNING PUBLIC OFFICERS AND EMPLO YEES (§§ 45-11-1 — 45-11-10) › Section 45-11-5 - Extortion generally

(a)
As used in this Code section, the term "extortion" means an unlawful taking by a public officer, under color of his office, from any person of any money or thing of value that is not due to him or more than is due to him.
(b)
Any public officer who shall by himself, his deputy, his agent, or other person employed by him be guilty of extortion in demanding or receiving other and greater fees than by law are allowed him shall be guilty of a misdemeanor and shall be dismissed from office.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 11 - MISCELLANEOUS OFFENSES CONCERNING PUBLIC OFFICERS AND EMPLO YEES (§§ 45-11-1 — 45-11-10) › Section 45-11-6 - Demanding more than legal fees for advertising

Any judge of the probate court, sheriff, coroner, clerk, marshal, or other officer who shall receive, collect, or demand other and greater fees for any legal advertising than are provided by law shall be guilty of extortion as defined in Code Section
45-11-5
and shall be punished as provided in that Code section.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 11 - MISCELLANEOUS OFFENSES CONCERNING PUBLIC OFFICERS AND EMPLO YEES (§§ 45-11-1 — 45-11-10) › Section 45-11-7 - Retaining compensation for legal advertisements

If any officer shall directly or indirectly demand or retain as a commission any part of the compensation allowed by law to publishers for publishing legal advertisements, he shall be guilty of extortion as defined in Code Section
45-11-5
and shall be punished as provided in that Code section.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 11 - MISCELLANEOUS OFFENSES CONCERNING PUBLIC OFFICERS AND EMPLO YEES (§§ 45-11-1 — 45-11-10) › Section 45-11-8 - Engaging in bail bond business

(a)
It shall be unlawful for any elected official, officer of the court, law enforcement officer, or attorney in this state to engage either directly or indirectly in the bail bond business. For purposes of this Code section, "elected official" shall not include a person who is elected to the local school board.
(b)
Any person who violates this Code section shall be guilty of a misdemeanor.
Amended by 2010 Ga. Laws 458,§ 1, eff. 7/1/2010.
Amended by 2004 Ga. Laws 550, § 1, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 11 - MISCELLANEOUS OFFENSES CONCERNING PUBLIC OFFICERS AND EMPLO YEES (§§ 45-11-1 — 45-11-10) › Section 45-11-9 - Discrimination against optometrists or physicians in suggestions for visual care

(a)
It shall be unlawful for any state board, body, agency, or institution or any public official to discriminate against optometrists licensed under Chapter 30 of Title 43 or against physicians licensed under Chapter 34 of Title 43 in the suggestion or recommendation for visual care which is within the scope of the practice licensed by those chapters.
(b)
Nothing contained in this Code section shall be construed to prevent a person having custodial care of another person from referring such person to the practitioner of his choice.
(c)
Nothing contained in this Code section shall be construed to prevent a physician from referring patients to any practitioner of his choice.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 11 - MISCELLANEOUS OFFENSES CONCERNING PUBLIC OFFICERS AND EMPLO YEES (§§ 45-11-1 — 45-11-10) › Section 45-11-10 - Coercion of other officer or employee to give anything of value for political purposes

(a)
It shall be unlawful for any officer or employee of this state to coerce or attempt to coerce or command directly or indirectly any other state officer or employee to pay, lend, or contribute any part of his salary or to kick back any sum of money or anything else of value to any party, committee, organization, agency, or person for political purposes.
(b)
It shall be unlawful for any officer or employee of any county, municipal corporation, school district, or other political subdivision to coerce or attempt to coerce or command directly or indirectly any other officer or employee of such political subdivision to pay, lend, or contribute any part of his salary or to kick back any sum of money or anything else of value to any party, committee, organization, agency, or person for political purposes.
(c)
Any person who violates any provision of 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 12 - GOVERNOR (§§ 45-12-1 — 45-12-216) › Article 1 - GENERAL PROVISIONS (§§ 45-12-1 — 45-12-7) › Section 45-12-1 - Election

The Governor shall be elected quadrennially in the manner provided by Article V of the Constitution of Georgia and shall be installed in office by the General Assembly. The General Assembly shall be the sole judge of his election and qualifications.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 12 - GOVERNOR (§§ 45-12-1 — 45-12-216) › Article 1 - GENERAL PROVISIONS (§§ 45-12-1 — 45-12-7) › Section 45-12-2 - Inauguration

The ceremony of inauguration shall take place during the first week of the first session of the General Assembly after the election and on such day of that week as the General Assembly, by joint resolution, shall appoint. If the General Assembly fails to appoint the day, the inauguration ceremony shall take place at 12:00 Noon on Saturday of that week unless prevented by providential cause. The Governor shall begin the discharge of his duties from the time of his inauguration.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 12 - GOVERNOR (§§ 45-12-1 — 45-12-216) › Article 1 - GENERAL PROVISIONS (§§ 45-12-1 — 45-12-7) › Section 45-12-3 - Entry of inauguration upon House journal; evidence of Governor's right, title, eligibility, and qualification

The fact of such inauguration of the Governor shall be entered upon the journal of the House of Representatives and shall be conclusive evidence of his right and title to the office and of his eligibility and qualification.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 12 - GOVERNOR (§§ 45-12-1 — 45-12-216) › Article 1 - GENERAL PROVISIONS (§§ 45-12-1 — 45-12-7) › Section 45-12-4 - Oath of office

The Governor-elect shall, before he enters on the duties of his office, take the following oath in the presence of the General Assembly in joint session of the Senate and House of Representatives:
"I do solemnly swear or affirm that I will faithfully execute the office of Governor of the State of Georgia and will, to the best of my ability, preserve, protect, and defend the Constitution thereof and the Constitution of the United States."
Upon so taking the oath, the Governor-elect shall become Governor. The Lieutenant Governor-elect shall take the same oath with the substitution of "Lieutenant Governor" for "Governor" and upon so taking such oath shall become Lieutenant Governor.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 12 - GOVERNOR (§§ 45-12-1 — 45-12-216) › Article 1 - GENERAL PROVISIONS (§§ 45-12-1 — 45-12-7) › Section 45-12-5 - Seal

There shall be a seal of the office of the Governor. The design shall be the same as that now used and shall not be altered except by authority of the General Assembly.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 12 - GOVERNOR (§§ 45-12-1 — 45-12-216) › Article 1 - GENERAL PROVISIONS (§§ 45-12-1 — 45-12-7) › Section 45-12-6 - Executive office; Governor's residence

The executive office of the Governor shall be in the capitol. If from any cause there is no capitol or if it is abandoned, then the executive office shall be at such place at the seat of government as the Governor may direct, and not elsewhere, unless made necessary by invasion, insurrection, pestilence, or rebellion. The Governor shall reside at the state capital during his term of office.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 12 - GOVERNOR (§§ 45-12-1 — 45-12-216) › Article 1 - GENERAL PROVISIONS (§§ 45-12-1 — 45-12-7) › Section 45-12-7 - Resignation; vacancy due to other causes; Lieutenant Governor to take oath; procedure

The Governor shall transmit his resignation to the General Assembly, if it is in session; and, if it is not in session, he shall transmit it to the Secretary of State, who shall on the same day notify the Lieutenant Governor. If the office becomes vacant because of death or any other cause when the General Assembly is not in session, the Secretary of State shall inform the Lieutenant Governor. In either case, the Lieutenant Governor shall take the oath of office within ten days after having been informed by the Secretary of State. Such oath shall be taken before any Justice of the Supreme Court or judge of any superior court and also before the General Assembly, if it is in session. Such facts shall be entered upon the minutes of the office of the Governor. If the Lieutenant Governor fails to take the oath of office within the prescribed time, he shall be considered as having resigned. In such case, or if there is no Lieutenant Governor, the Secretary of State shall inform the Speaker of the House of Representatives, and the proceedings shall be the same.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 12 - GOVERNOR (§§ 45-12-1 — 45-12-216) › Article 2 - POWERS AND DUTIES GENERALLY (§§ 45-12-20 — 45-12-41) › Section 45-12-20 - Grant of commissions

The Governor shall grant commissions to all officers, including senators and representatives in Congress, required to hold them and in all cases may, in his discretion, issue a dedimus potestatem to officers authorized to administer oaths requiring qualification of the officers-elect as provided by law. The forms of commissions shall be in the discretion of the Governor. Commissions thus issued shall be final, except where the Constitution and laws of Georgia shall otherwise provide.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 12 - GOVERNOR (§§ 45-12-1 — 45-12-216) › Article 2 - POWERS AND DUTIES GENERALLY (§§ 45-12-20 — 45-12-41) › Section 45-12-21 - Issuance of warrants for payments from treasury

All payments from the state treasury, unless otherwise provided, shall be made upon the warrant of the Governor, and he may withhold his approval on any account audited by the state auditor and certified by the comptroller general. The warrant shall always specify on what appropriation or fund it is drawn.
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 12 - GOVERNOR (§§ 45-12-1 — 45-12-216) › Article 2 - POWERS AND DUTIES GENERALLY (§§ 45-12-20 — 45-12-41) › Section 45-12-22 - Suspension of collection of taxes

(a)
Except as provided in subsection (b) of this Code section, the Governor may suspend the collection of taxes, or any part thereof, due the state until the meeting of the next General Assembly but no longer; but he or she shall not otherwise interfere with the collection of taxes.
(b)
Unless there has been a state of emergency declaration by the Governor, the Governor shall not suspend or modify in any manner the collection of any rate of state motor fuel taxes under Code Section
48-9-3
as it applies to sales of motor fuel and aviation gasoline as such terms are defined in Code Section
48-9-2
or taxes levied on the sale or use of jet fuel as such term is defined in Code Section
48-8-2
. Any suspension or modification of any rate of state motor fuel taxes or taxes levied on the sale or use of jet fuel under this subsection by the Governor shall be effective only until the next meeting of the General Assembly which must ratify such suspension or modification by a two-thirds' vote of both chambers. In the event the General Assembly fails to ratify the Governor's actions, state motor fuel taxes or taxes on the sale or use of jet fuel suspended or modified under this subsection shall be collected at the rate specified absent such suspension or modification and any amounts unpaid due to such suspension or modification shall be collected using such rate.
Amended by 2018SP1 Ga. Laws 3,§ 1-1, eff. 11/17/2018.
Amended by 2016 Ga. Laws 625,§ 45, eff. 5/3/2016.
Amended by 2015 Ga. Laws 46,§ 4-1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 12 - GOVERNOR (§§ 45-12-1 — 45-12-216) › Article 2 - POWERS AND DUTIES GENERALLY (§§ 45-12-20 — 45-12-41) › Section 45-12-23 - Incapacity of Commissioner of Insurance

Whenever the Governor receives information, deemed by him to be reliable, that the Commissioner of Insurance, by reason of sickness or other providential cause, is unable to perform the duties of his office, the Governor shall call a council to be composed of himself, the Secretary of State, and an appointee of the Governor who is not the Attorney General; and, if such council, or a majority thereof, after investigation and examination into the truth of such report, shall, in writing duly signed, find that such officer is incapable of performing the duties of his office, the Governor, in case of incapacity of the Commissioner of Insurance, shall designate the chief clerk or other clerk then serving in the office of the Commissioner of Insurance to perform the duties of the Commissioner of Insurance during his incapacity. The person so designated to perform the duties of the Commissioner of Insurance shall give bond with good security in the penal sum of $5,000.00, payable, conditioned, and to be approved in the same manner as the bond required by law to be given by the Commissioner of Insurance. The person designated to perform the duties of the Commissioner of Insurance shall not receive any compensation in addition to that he was, or is, receiving as clerk, but any expense incurred in furnishing the bond required by this Code section and Code Section
45-12-24
shall be borne by the state. When the person designated under authority of this Code section and Code Section
45-12-24
shall have given the bond required and said bond has been approved as required, he shall be authorized to do everything, perform every act, and exercise every prerogative or discretion that the Commissioner of Insurance might do, perform, or exercise under existing law in the absence of his incapacity.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 12 - GOVERNOR (§§ 45-12-1 — 45-12-216) › Article 2 - POWERS AND DUTIES GENERALLY (§§ 45-12-20 — 45-12-41) › Section 45-12-24 - Proceedings upon cessation of incapacity; payment of salary of officer during period of incapacity

Whenever it shall be made to appear to the council composed of the Governor, the Secretary of State, and the Attorney General, as provided in this Code section and Code Section
45-12-23
or a majority thereof, that the incapacity of the Commissioner of Insurance has been overcome and removed, a finding in writing to that effect shall be made and filed in the Governor's office; and thereupon the authority of the person designated to act for the Commissioner of Insurance shall come to an end and the Commissioner of Insurance shall assume and perform the duties of his office. During the period of the incapacity of the Commissioner of Insurance, the salaries due as provided by existing law shall continue to be paid.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 12 - GOVERNOR (§§ 45-12-1 — 45-12-216) › Article 2 - POWERS AND DUTIES GENERALLY (§§ 45-12-20 — 45-12-41) › Section 45-12-25 - Books of record to be maintained by Governor

The Governor shall cause to be kept and preserved in the executive department the following books of record:
(1)
A journal or minute book showing all of his official acts;
(2)
A book of appropriations in which shall be entered a full account of all annual appropriations, setting forth the amounts under their appropriate headings together with the date of his warrant for such appropriation and in whose favor drawn;
(3)
A book giving a statement of the public debt, the dates and numbers of the bonds issued, in whose favor, for what amounts, the date of payment, and the disposition thereof; also, a full and accurate account of all sums set apart as a sinking fund for the redemption of the public debt, particularly setting forth the amount for the several specific purposes, when drawn, and in whose favor drawn;
(4)
A book in which shall be kept copies of the bonds of officers or agents disbursing public funds; also, a schedule of bonds and other evidences of debt due the state and the disposition thereof;
(5)
A book showing the exact condition of the educational fund of the state and the annual income thereof;
(6)
A book or books containing a list of the respective numbers, districts, sections, and counties of the several lots of land disposed of by the several land lotteries, the names of the drawers of each, to whom and when granted, and a similar schedule of all lands sold by the state, by whom purchased, and to whom and when granted;
(7)
A book which is an index or key to all the documents appertaining to his office, which documents he has carefully filed away, properly marked or numbered; and
(8)
Any other books or files that, in his judgment, the executive department needs.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 12 - GOVERNOR (§§ 45-12-1 — 45-12-216) › Article 2 - POWERS AND DUTIES GENERALLY (§§ 45-12-20 — 45-12-41) › Section 45-12-26 - Defense of action in which state has interest

Unless otherwise specially provided for, the Governor, in his discretion, shall provide for the defense of any action instituted against the state or any action instituted against any person, the result of which is of interest to the state because of any claim inconsistent with the state's sovereignty, jurisdiction, or rights.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 12 - GOVERNOR (§§ 45-12-1 — 45-12-216) › Article 2 - POWERS AND DUTIES GENERALLY (§§ 45-12-20 — 45-12-41) › Section 45-12-27 - Calling out militia to execute laws

It shall be the duty of the Governor to see that the laws of this state are executed. For this purpose he shall have the power, as commander in chief, to call out the state militia whenever, in his discretion, the due enforcement of the process of the courts shall be so resisted and defied as to require such intervention.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 12 - GOVERNOR (§§ 45-12-1 — 45-12-216) › Article 2 - POWERS AND DUTIES GENERALLY (§§ 45-12-20 — 45-12-41) › Section 45-12-28 - Calling out militia for defense of state in case of invasion or insurrection

In case of invasion or insurrection, the Governor may call out the state militia for the defense of the state until such time as the General Assembly shall meet; and, when he takes such action, he shall have power to make all necessary provision for their transportation, accommodation, equipment, and support.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 12 - GOVERNOR (§§ 45-12-1 — 45-12-216) › Article 2 - POWERS AND DUTIES GENERALLY (§§ 45-12-20 — 45-12-41) › Section 45-12-29 - Powers to prevent violence and maintain order - General authority

The Governor is authorized to perform any action which, in his discretion, is necessary to prevent overt threats of violence or acts of violence to the personal property of citizens of the state and to maintain peace, tranquility, and good order in the state or in any area or political subdivision thereof.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 12 - GOVERNOR (§§ 45-12-1 — 45-12-216) › Article 2 - POWERS AND DUTIES GENERALLY (§§ 45-12-20 — 45-12-41) › Section 45-12-30 - Powers to prevent violence and maintain order - Proclamation of emergency; issuance and enforcement of orders

When, in his opinion, the facts warrant, the Governor shall, by proclamation, declare that, because of unlawful assemblage, violence, overt threats of violence, or otherwise, a danger exists to the person or property of any citizen or citizens of the state and that the peace and tranquility of the state or of any area or political subdivision thereof is threatened, and because thereof an emergency, with reference to said threats and danger, exists. In all such cases, when the Governor shall issue his proclamation he shall be and is further authorized, in coping with said threats and danger, to order and direct any person, corporation, association, or group of persons to do any act which would, in his opinion, prevent danger to life, limb, or property or prevent a breach of the peace; or he may order such person, corporation, association, or group of persons to refrain from doing any act or thing which would, in his opinion, endanger life, limb, or property or cause, or tend to cause, a breach of the peace, or endanger the peace and good order of society; and he shall have full power to enforce such order or proclamation by appropriate means.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 12 - GOVERNOR (§§ 45-12-1 — 45-12-216) › Article 2 - POWERS AND DUTIES GENERALLY (§§ 45-12-20 — 45-12-41) › Section 45-12-31 - Powers to prevent violence and maintain order - Filing of proclamation; powers of Governor over civil and military officials generally

Upon the issuance of a proclamation as provided for in Code Section
45-12-30
, the Governor shall immediately file the same in the office of the Secretary of State for recording. The proclamation shall be effective upon issuance and shall remain in full force and effect until revoked by the Governor; and he is authorized to take and exercise any or all of the following actions, powers, and prerogatives:
(1)
Call out the military forces of the state (state militia) and order and direct said forces to take such action as in his judgment may be necessary to avert the threatened danger and to maintain peace and good order in the particular circumstances;
(2)
Order any sheriff or sheriffs of this state to exercise fully the powers granted them (suppress tumults, riots, and unlawful assemblies in their counties with force and strength when necessary) and to do all things necessary to maintain peace and good order;
(3)
Order and direct the Department of Public Safety and each and every officer thereof to do and perform such acts and services as he may direct and as in his judgment may be necessary to maintain peace and good order in the circumstances;
(4)
Authorize, order, or direct any state, county, or city official to enforce such proclamation by injunction, mandamus, or other appropriate legal action in any and all courts of the state.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 12 - GOVERNOR (§§ 45-12-1 — 45-12-216) › Article 2 - POWERS AND DUTIES GENERALLY (§§ 45-12-20 — 45-12-41) › Section 45-12-32 - Powers to prevent violence and maintain order - Promulgation and enforcement of emergency rules and regulations

The Governor is authorized to promulgate and enforce such emergency rules and regulations as are necessary to prevent, control, or quell violence, threatened or actual, during any emergency lawfully declared by him to exist. In order to protect the public welfare, to protect the persons and property of citizens against violence, to prevent damage to public property, and to maintain peace, tranquility, and good order in the state, such rules and regulations may control public parks, public buildings, public utilities, or any other public facility in Georgia and shall regulate the manner of use, the time of use, and the persons using the facility during any emergency. Such rules and regulations shall have the force and effect of law during any emergency and shall remain in effect during a period of time and in such manner and shall affect such persons, public buildings, public utilities, and public facilities as in the judgment of the Governor shall best provide a safeguard for protection of persons and property where danger and violence exist or are threatened among the citizens of Georgia.