28-1-1. Membership and apportionment of General Assembly.

1. There shall be 180 members of the House of Representatives, and such membership shall be apportioned among the representative districts provided for in Chapter 2 of this title.
2. There shall be 56 members of the Senate, and such membership shall be apportioned among the senatorial districts provided for in Chapter 2 of this title.

   (Ga. L. 1890-91, p. 192, § 1; Civil Code 1895, § 291; Ga. L. 1901, p. 51, § 1; Ga. L. 1906, p. 80, § 1; Civil Code 1910, §§ 333, 334; Ga. L. 1918, p. 84, §§ 1-4; Ga. L. 1921, p. 229, § 1; Ga. L. 1931, p. 48, § 1; Code 1933, §§ 47-101, 47-102; Ga. L. 1946, p. 42, § 1; Ga. L. 1962, Ex. Sess., p. 7, § 9; Ga. L. 1965, p. 127, § 1; Ga. L. 1967, p. 159, § 1; Ga. L. 1967, p. 187, § 1; Ga. L. 1968, p. 209, § 1; Ga. L. 1971, Ex. Sess., p. 22, § 1; Ga. L. 1971, Ex. Sess., p. 69, § 1; Ga. L. 1974, p. 16, § 1.)

Cross references. - Composition and apportionment of General Assembly, Ga. Const. 1983, Art. III, Sec. II, Paras. I and II.

Editor's notes. - Prior to the legislative session of 1890-91, the provisions of law relating to the composition of the General Assembly were solely constitutional provisions, which were codified as follows:

Senate

Code 1863, § 4923

Code 1868, § 4917

Code 1873, § 5042

Code 1882, § 5040

House of Representatives

Code 1863, § 4927

Code 1868, § 4921

Code 1873, § 5046

Code 1882, § 5042

In the session of 1890-91, the first nonconstitutional provision relating to the composition of the House of Representatives was enacted by Ga. L. 1890-91, p. 192, § l, which was subsequently codified as § 291 of the Civil Code of 1895. In the session of 1906, the first nonconstitutional provision relating to the composition of the Senate was enacted by Ga. L. 1906, p. 80, § 1, which was subsequently codified as § 334 of the Civil Code of 1910.

As a result of the enactment of the nonconstitutional provisions, there appeared in the Code beginning with the Code of 1895 parallel constitutional and nonconstitutional provisions relating to the composition of the General Assembly, which were codified as follows: Senate Civil Code 1910 ........................................................... § 6411 (Const.) ..................................................................... § 344 Code 1933 .................................................... § 2-1301 (1877 Const.) .................................................... § 2-1401 (1945 Const.) ..................................................... § 2-801 (1976 Const.) .................................................................. § 47-102 House of Representatives Civil Code 1895 ........................................................... § 5747 (Const.) ..................................................................... § 291 Civil Code 1910 ........................................................... § 6413 (Const.) ..................................................................... § 333 Code 1933 .................................................... § 2-1401 (1877 Const.) .................................................... § 2-1501 (1945 Const.) ..................................................... § 2-901 (1976 Const.) .................................................................. § 47-101

JUDICIAL DECISIONS

Senatorial districts are drawn, so far as possible, along existing county lines. Fortson v. Dorsey, 379 U.S. 433, 85 S. Ct. 498 , 13 L. Ed. 2 d 401 (1965).

Cited in Toombs v. Fortson, 241 F. Supp. 65 (N.D. Ga. 1965); Toombs v. Fortson, 275 F. Supp. 128 (N.D. Ga. 1966); Toombs v. Fortson, 277 F. Supp. 821 (N.D. Ga. 1967); Millican v. Georgia, 351 F. Supp. 447 (N.D. Ga. 1972); Dawson v. Smyre, 233 Ga. 758 , 213 S.E.2d 658 (1975).

RESEARCH REFERENCES

Am. Jur. 2d. - 25 Am. Jur. 2d, Elections, § 7 et seq. 63C Am. Jur. 2d, Public Officers and Employees, §§ 36, 40, 434, 450, 460, 462.

C.J.S. - 67 C.J.S., Officers and Public Employees, § 35. 81A C.J.S., States, §§ 94 et seq., 121 et seq., 133 et seq.

ALR. - Inequality of population or lack of compactness of territory as invalidating apportionment of representatives, 2 A.L.R. 1337 .

28-1-2. Time and place of meetings.

The meetings of the General Assembly shall be held as prescribed in Article III, Section IV, Paragraph I of the Constitution of Georgia. The Senate shall convene daily at 10:00 A.M. unless otherwise ordered by the Senate. The House shall convene daily at 10:00 A.M. unless otherwise ordered by the House. The General Assembly shall meet at the state capitol.

(Ga. L. 1855-56, p. 258, § 1; Code 1863, § 172; Ga. L. 1863-64, p. 30, § 1; Code 1868, § 167; Ga. L. 1870, p. 419, § 1; Code 1873, § 178; Code 1882, § 178; Ga. L. 1890-91, p. 55, § 1; Civil Code 1895, § 289; Ga. L. 1902, p. 66, §§ 1, 2; Civil Code 1910, § 331; Ga. L. 1924, p. 31, §§ 1, 2; Ga. L. 1931, p. 1053; Code 1933, § 47-103; Ga. L. 1983, p. 3, § 54; Ga. L. 1984, p. 602, § 1.)

Cross references. - Convening of special sessions of General Assembly, Ga. Const. 1983, Art. V, Sec. II, Para. VII.

28-1-3. Initial organization.

The Senate and the House of Representatives shall be organized by the Secretary of the Senate or the Clerk of the House of Representatives who shall be ex officio presiding officer until a presiding officer is elected. No question except one relating to the organization shall be entertained by such officer; and, in deciding such question, he shall be governed, as far as practicable, by the standing rules of the house over which he presides. In the absence of such officer, his assistant may officiate. In the absence of both, the body may appoint a chairman whose powers and duties shall be the same as those of the Secretary or Clerk.

(Orig. Code 1863, § 174; Code 1868, § 169; Code 1873, § 180; Code 1882, § 180; Civil Code 1895, § 292; Civil Code 1910, § 335; Code 1933, § 47-104.)

28-1-4. Form and administration of oath of office to members.

1. In addition to any other oath prescribed by law, each Senator and Representative, before taking the seat to which elected, shall take the following oath:

   "I do hereby solemnly swear or affirm that I will support the Constitution of this state and of the United States and, on all questions and measures which may come before me, I will so conduct myself, as will, in my judgment, be most conducive to the interests and prosperity of this state."

2. The oath of office prescribed by subsection (a) of this Code section may be administered to the members of the General Assembly by any Justice of the Supreme Court, Judge of the Court of Appeals, judge of the superior courts, or judge of the state courts. Such Justice or judge shall be procured by the person organizing each branch.

   (Orig. Code 1863, § 175; Code 1868, § 170; Code 1873, § 181; Code 1882, § 181; Civil Code 1895, § 293; Civil Code 1910, § 336; Code 1933, § 47-105; Ga. L. 1945, p. 141, § 1; Ga. L. 1983, p. 936, § 2; Ga. L. 1991, p. 746, § 1.)

Cross references. - Oath of General Assembly members, Ga. Const. 1983, Art. III, Sec. IV, Para. II.

Enumeration of oaths required for holders of public office, § 45-3-1 .

Loyalty oath, § 45-3-11 et seq.

Editor's notes. - Ga. L. 1983, p. 936, § 1, not codified by the General Assembly, provides: "It is the intent of this Act to implement the provisions of Article III, Section IV, Paragraph II of the Constitution of the State of Georgia."

28-1-5. Commission of members.

It shall be the duty of the Secretary of State to prepare and furnish to each member of the General Assembly, after the member has taken his oath of office, a commission under the signature of the Secretary of State, containing the great seal of the state, showing that the member is a duly elected member of the General Assembly of Georgia, and showing any prior serving in either house of the General Assembly.

(Ga. L. 1951, p. 480, § 1.)

28-1-6. Powers and duties of President Pro Tempore of the Senate and Speaker Pro Tempore of the House of Representatives.

While presiding or in the absence of the President of the Senate, the President Pro Tempore shall have the same powers and duties as the President of the Senate. While presiding or in the absence of the Speaker of the House of Representatives, the Speaker Pro Tempore shall have the same powers and duties as the Speaker of the House of Representatives.

(Orig. Code 1863, § 176; Code 1868, § 171; Code 1873, § 182; Code 1882, § 182; Civil Code 1895, § 294; Civil Code 1910, § 337; Code 1933, § 47-106; Ga. L. 1983, p. 689, § 2.)

Cross references. - President Pro Tempore of the Senate, Ga. Const. 1983, Art. III, Sec. III, Para. I.

Speaker Pro Tempore of the House of Representatives, Ga. Const. 1983, Art. III, Sec. III, Para. II.

Editor's notes. - Ga. L. 1983, p. 689, § 1, not codified by the General Assembly, provides: "It is the intent of this Act to implement the provisions of Article III, Section III of the Constitution of the State of Georgia."

28-1-6.1. Method for determining permanent disability of Speaker of the House of Representatives.

Upon a petition of 20 members of the majority caucus of the House of Representatives being filed with the Clerk of the House that the Speaker of the House is unable to perform the duties of that office because of physical or mental disability, the Clerk shall make a copy of the petition for the records of his office and shall transmit, within three days, the original to the chairman of the majority caucus along with his certificate as to the date and time on which the petition was filed with him. The chairman shall call a meeting of the caucus to be held within five days from the date he receives the petition and certificate from the Clerk. Such meeting shall be for the purpose of holding a hearing on the petition and the caucus shall adopt rules for the conduct of the hearing. After the hearing the members of the caucus shall vote and if a majority of the membership of the caucus votes that there is a disability and that such disability is permanent the office shall be declared vacant and the Speaker Pro Tempore shall become Speaker and serve until a Speaker is elected.

(Code 1981, § 28-1-6.1 , enacted by Ga. L. 1983, p. 681, § 2.)

Cross references. - Assumption of duties by Speaker Pro Tempore upon Speaker's disability, Ga. Const. 1983, Art. III, Sec. III, Para. II.

Editor's notes. - Ga. L. 1983, p. 681, § 1, not codified by the General Assembly, provides: "It is the intent of this Act to implement certain changes required by Article III, Section III, Paragraph II of the Constitution of the State of Georgia."

28-1-7. Failure of officer to organize emergency session.

If any officer of either branch of the General Assembly shall fail or refuse to perform any of his duties in completing the organization of an emergency session, as provided for in Article V, Section II, Paragraph VII(b) of the Constitution of Georgia, his office may, upon the majority vote of the membership of the branch, be declared vacant, as often as may be necessary, and his successor elected as provided by the rules of the General Assembly.

(Ga. L. 1937-38, Ex. Sess., p. 190, § 4; Ga. L. 1983, p. 3, § 54.)

Cross references. - Expulsion of members generally, Ga. Const. 1983, Art. III, Sec. IV, Para. VII.

28-1-8. Salary and allowances of members and officers.

1. Each member of the General Assembly shall receive an annual salary, as provided for in Code Section 45-7-4, to be paid in equal monthly installments. Upon complying with the requirements of paragraph (22) of subsection (a) of Code Section 45-7-4, each member shall also be reimbursed for those actual expenses incurred in the performance of duties for which reimbursement is provided in paragraph (22) of subsection (a) of Code Section 45-7-4. The Speaker of the House of Representatives, the Speaker Pro Tempore of the House of Representatives, and the President Pro Tempore of the Senate shall receive an additional amount per annum as provided for in Code Section 45-7-4. The majority leader, the minority leader, the administration floor leader, and the assistant administration floor leaders of the House of Representatives and the majority leader, the minority leader, the administration floor leader, and the assistant administration floor leaders of the Senate shall each receive such additional amount per annum as shall be provided by resolution of the respective houses; but such amount for each shall not be greater than the additional amount provided by law for the Speaker Pro Tempore of the House of Representatives. All of such additional amounts shall also be paid in equal monthly installments.
2. 1. During regular and extraordinary sessions of the General Assembly, each member shall also receive a daily expense allowance. Each member shall also receive the mileage allowance for the use of a personal car when devoted to official business as provided for in Code Section 50-19-7, for not more than one round trip to and from the member's residence and the state capitol by the most practical route, per calendar week, or portion thereof, during each regular and extraordinary session. In the event a member travels by public carrier for any part of a round trip as provided above, such member shall receive a travel allowance of actual transportation costs for each such part in lieu of the mileage allowance. For each day's service within the state as a member of a standing committee or of an interim committee created by or pursuant to a resolution of either or both houses or as a member of a committee, board, bureau, commission, or other agency created by or pursuant to statute or the Constitution of Georgia, such member shall receive a daily expense allowance and the mileage allowance for the use of a personal car when devoted to official business as provided for in Code Section 50-19-7 or a travel allowance of actual transportation costs if traveling by public carrier. Any such member shall also be reimbursed for any conference or meeting registration fee incurred in the performance of his or her official duties as a member of any committee, board, bureau, commission, or other agency. In the event it becomes necessary for a committee to rent a meeting room in the performance of the duties of the committee, the committee chairperson must have prior written approval of the President of the Senate or the Speaker of the House, or both, as the case may be, depending on the composition of the committee. The expense of such rental shall be billed to the committee. For each day's service out of state as a member of any committee, board, bureau, commission, or other agency, such member shall receive actual expenses as an expense allowance, plus the mileage allowance for the use of a personal car when devoted to official business as provided for in Code Section 50-19-7 or a travel allowance of actual transportation costs if traveling by public carrier or by rental motor vehicle. The amount of the daily expense allowances provided for in this paragraph shall be fixed by the Legislative Services Committee; provided, however, that the amount of the daily expense allowance shall remain at $75.00 until changed by the Legislative Services Committee. The Legislative Services Committee shall periodically review, and when appropriate revise, the amount of the daily expense allowance. The amount of the daily expense allowance shall be fixed by the Legislative Services Committee in an amount which reasonably corresponds to the housing and meal expenses typically incurred by members in the performance of their duties; provided, however, that the amount so fixed shall not exceed the federal per diem rate in effect for the state capital as specified by the General Services Administration at the time that the committee acts.
   2. Transportation costs incurred by a member of the Senate for air travel within or without the state during the interim as a member of a committee, board, bureau, commission, or other agency shall be reimbursed only if the incurring of such costs is approved under procedures established by the Senate Administrative Affairs Committee.  Transportation costs incurred by a member of the House of Representatives for air travel within or without the state during the interim as a member of a committee, board, bureau, commission, or other agency shall be reimbursed only if the incurring of such costs is approved under procedures established by the Speaker of the House.
   3. Notwithstanding any other provision of this subsection to the contrary, reimbursement of authorized transportation costs incurred by a member of the General Assembly for air travel inside or outside the state at any time shall be limited to the amounts provided for in the state-wide contract. As used in this paragraph, the term "state-wide contract" means the state-wide contract for airline travel incorporated in the state travel regulations established by the State Accounting Office. This limitation shall not apply, however, if the air travel is between pairs of cities not covered in the state-wide contract, if no state-wide contract is in effect, if the contracted flight is other than a nonstop flight, the contracted flight would cause the member undue hardship or would conflict with the member's schedule, or if passage under a state-wide contract is otherwise not reasonably available. When reimbursement is requested for an amount in excess of the amount provided in the state-wide contract, the member shall sign a statement indicating which of the foregoing exceptions applies.
   4. All allowances provided for in this subsection shall be paid upon the submission of proper vouchers.
3. No member shall receive any expense allowance, mileage allowance, or travel allowance for service as a member of any committee, board, bureau, commission, or other agency, as provided for in this Code section, unless such member has personally performed the service and has personally incurred the expense for mileage or travel. Each member of the General Assembly submitting a voucher shall certify that such member personally performed the service and personally incurred the expense for mileage or travel covered by the voucher and that the information contained on the voucher is true and correct. The voucher shall contain such a certificate which the member must sign.
4. It shall be unlawful for any member willfully to make a certificate, as provided for in subsection (c) of this Code section, knowing it to be false; and any member convicted of making such a false certificate shall be punished by a fine of not more than $1,000.00, or by imprisonment of not less than one nor more than five years, or both. No member of the General Assembly shall receive any compensation, salary, per diem, expenses, allowances, mileage, costs, or any other remuneration whatsoever for service as a member of the General Assembly other than as provided for in this Code section.
5. The Senate Rules Committee shall designate an audit subcommittee to examine and review, not less than once every two months, legislative expenditures, including all vouchers submitted by members of the Senate, as provided for in this Code section, for which the members have received payment. The subcommittee is authorized to issue reports of its examination and review. The House Information and Audits Committee shall examine and review, not less than once every two months, legislative expenditures, including all vouchers submitted by members of the House of Representatives, as provided for in this Code section, for which the members have received payment. The committee is authorized to issue reports of its examination and review.
6. If sickness prevents any member from attending the house of which he or she is a member during any session of the General Assembly, he or she shall be entitled to the same daily expense allowance as an attending member. No member shall receive a daily expense allowance for absent time except on account of sickness of himself or herself or his or her family or by express leave of the house of which he or she is a member.
7. Prior to January 10, 1983, if any member of the General Assembly dies during or after a regular or extraordinary session without having received all or any portion of his or her daily expense allowance for such session, the amount due for the whole session shall be paid to the surviving spouse of the deceased; and if there is no surviving spouse, in like manner to the children; and if there are no children, in like manner to the mother; and if there is no mother, in like manner to the father; and if there is no father, in like manner to the estate of the deceased member.
8. From and after January 10, 1983, if any member of the General Assembly dies during or after a regular or extraordinary session without having received all or any portion of the member's daily expense allowance for such session, the amount due for the whole session shall be paid to the surviving spouse of the deceased; and if there is no surviving spouse, in like manner to the children; and if there are no children, in like manner to the estate of the deceased member. The member's salary for the full calendar month during which the member dies shall be paid in the same manner.

   (Orig. Code 1863, §§ 184, 185, 186; Code 1868, §§ 178, 179, 180; Ga. L. 1871-72, p. 18, § 1; Code 1873, §§ 189, 190, 191; Code 1882, §§ 189, 190, 191; Civil Code 1895, §§ 309, 310, 311; Civil Code 1910, §§ 351, 352, 353; Ga. L. 1918, p. 89, § 1; Ga. L. 1919, p. 76, § 1; Code 1933, §§ 47-107, 47-108, 47-109; Ga. L. 1960, p. 141, § 1; Ga. L. 1966, p. 544, § 1; Ga. L. 1967, p. 39, § 1; Ga. L. 1970, p. 647, § 1; Ga. L. 1971, p. 207, § 1; Ga. L. 1972, p. 248, § 1; Ga. L. 1975, p. 155, § 1; Ga. L. 1976, p. 763, § 1; Ga. L. 1981, p. 699, § 1; Ga. L. 1982, p. 3, § 28; Ga. L. 1985, p. 1055, § 1; Ga. L. 1986, p. 10, § 28; Ga. L. 1986, p. 311, § 1; Ga. L. 1986, p. 314, § 1; Ga. L. 1992, p. 3041, § 1; Ga. L. 1996, p. 1302, § 1; Ga. L. 1999, p. 1242, § 1; Ga. L. 2001, p. 865, § 1; Ga. L. 2005, p. 694, § 30/HB 293; Ga. L. 2009, p. 303, § 17/HB 117; Ga. L. 2017, p. 774, § 28/HB 323.)

The 2017 amendment, effective May 9, 2017, part of an Act to revise, modernize, and correct the Code, in subsection (f), substituted "he or she" for "he" throughout and substituted "himself or herself or his or her family" for "himself or his family" near the end; and substituted "his or her" for "his" near the beginning of subsection (g).

Cross references. - Salaries generally, Ga. Const. 1983, Art III, Sec. IV, Para. VI.

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1996, "nonstop" was substituted for "non-stop" near the middle of the third sentence of paragraph (b)(3).

Pursuant to Code Section 28-9-5, in 2009, Code Section 28-1-8, as enacted by Ga. L. 2009, p. 620, § 7, was redesignated as Code Section 28-1-8.1.

Editor's notes. - Ga. L. 1981, p. 699, § 2, not codified by the General Assembly, provides that Section 1 of that Act, regarding payment of salary and expense allowance of a member who has died, shall become effective when members of the General Assembly take office on the convening day of the regular session in 1983.

Ga. L. 1996, p. 1302, § 3, not codified by the General Assembly, provides, in part, that the amount of daily expense allowance shall remain $59.00 until the convening date of the 1997 regular session of the General Assembly and that on and after such date the allowance shall be $75.00.

Ga. L. 2009, p. 303, § 20/HB 117, not codified by the General Assembly, provides that: "This Act is intended to reflect the current internal organization of the Georgia Senate and House of Representatives and is not otherwise intended to change substantive law. In the event of a conflict with any other Act of the 2009 General Assembly, such other Act shall control over this Act."

28-1-8.1. Failure of members to file state income tax returns.

1. The state revenue commissioner shall be required to report to the chairperson of the Senate Ethics Committee the name of any Senator who has not filed a Georgia personal income tax return required by law to be filed by the Senator or is a defaulter for state income taxes in violation of Article II, Section II, Paragraph III of the Constitution. The state revenue commissioner shall be required to report to the chairperson of the House Committee on Ethics the name of any Representative who has not filed a Georgia personal income tax return required by law to be filed by the Representative or is a defaulter for state income taxes in violation of Article II, Section II, Paragraph III of the Constitution.
2. The state revenue commissioner shall give written notice by registered or certified mail, return receipt requested, or statutory overnight delivery of any report under this Code section to the member of the General Assembly who is to be named at least 30 days prior to making such report.
3. Upon receipt of a report under this Code section, the chairperson of the committee to whom the report is made shall undertake an appropriate investigation of the matter and report the findings of the investigation to the presiding officer of his or her chamber.
4. Nothing in this Code section shall apply with respect to a tax return for which the taxpayer has timely applied for and received an unexpired extension of time to file.
5. The provisions of this Code section shall control over the provisions of Code Section 48-7-60 or any other law relating to confidential treatment of state income tax return information. (Code 1981, § 28-1-8.1 , enacted by Ga. L. 2009, p. 620, § 7/SB 168.)

Code Commission notes. - Pursuant to Code Section 28-9-5, in 2009, Code Section 28-1-8, as enacted by Ga. L. 2009, p. 620, § 7, was redesignated as Code Section 28-1-8.1.

28-1-9. Service in General Assembly to be credited to pension plan of employee of political subdivision.

Any person employed by any political subdivision or elected to an office therein on or after March 6, 1962, who, by reason of such office or employment, is eligible for pension benefits under any local system and who, prior to such employment, was a member of the General Assembly of Georgia shall receive credit for time served in the General Assembly in the computation of the service required to become eligible to retire and receive a pension. In computing such credit, such person shall be credited for a full year for each year's membership in the General Assembly of Georgia.

(Ga. L. 1962, p. 595, § 1.)

Cross references. - Restrictions on crediting of time served in General Assembly to creditable service under local retirement or pension system, § 47-1-8 .

28-1-10. Seals of the General Assembly and of each house.

Authority is granted for the General Assembly, the House of Representatives, and the Senate each to have a seal. The Lieutenant Governor, the Speaker of the House, the Secretary of the Senate, and the Clerk of the House are authorized to use the seal of the General Assembly. The Lieutenant Governor and the Secretary of the Senate are authorized to use the seal of the Senate. The Speaker of the House and the Clerk of the House are authorized to use the seal of the House of Representatives. The Secretary of State is authorized and directed to provide three seals of the General Assembly, placing one in the custody of the Secretary of the Senate, placing one in the custody of the Clerk of the House, and retaining custody of one. He shall provide two seals of the Senate, placing one in the custody of the Secretary of the Senate and retaining custody of one. He shall provide two seals of the House of Representatives, placing one in the custody of the Clerk of the House and retaining custody of one.

(Ga. L. 1963, p. 17.)

Cross references. - Great seal of the state, §§ 50-3-30 , 50-3-31 .

28-1-11. Maintenance of engrossed and enrolled bills and resolutions; Secretary of State to publish enrolled Acts.

The engrossed copies of all bills and of all resolutions intended to have the effect of law passed by either house of the General Assembly shall be preserved by the Secretary of the Senate and the Clerk of the House of Representatives and deposited in the office of the Secretary of State. The enrolled copies of all bills and of all resolutions intended to have the effect of law, which, when signed by the Governor, become enrolled Acts, shall be deposited in the office of the Secretary of State. The Secretary of State shall provide for the publication of such Acts.

(Orig. Code 1863, § 182; Code 1868, § 177; Code 1873, § 188; Code 1882, § 188; Civil Code 1895, § 308; Civil Code 1910, § 350; Code 1933, § 47-901; Ga. L. 1983, p. 688, § 2.)

Cross references. - Preservation of journals and publication of laws, Ga. Const. 1983, Art. III, Sec. V, Para. I.

Duty of Secretary of State to provide local Acts or general Acts of local application to election superintendent and governing authority, § 45-13-24 .

State records management, § 50-18-90 et seq.

Editor's notes. - Ga. L. 1983, p. 688, § 1, not codified by the General Assembly, provides: "It is the intent of this Act to implement the provisions of Article III, Section V, Paragraph I of the Constitution of the State of Georgia."

28-1-12. Election of state officers for whom manner and time of election not provided.

Every state officer whose election is not otherwise provided for shall be elected by the General Assembly in the same manner and at the same time as other officers are elected by the General Assembly.

(Orig. Code 1863, § 1284; Code 1868, § 1365; Code 1873, § 1340; Code 1882, § 1340; Civil Code 1895, § 329; Civil Code 1910, § 372; Code 1933, § 47-401.)

Cross references. - Open Meetings of General Assembly, Ga. Const. 1983, Art. III, Sec. IV, Para. XI.

Election by Senate and House of Representatives of elector members of State Election Board, § 21-2-30 .

28-1-13. Eligibility of elected county or municipal officials for membership in General Assembly.

No elected county or municipal official shall be eligible to serve as a member of the General Assembly.

(Ga. L. 1977, p. 683, § 1.)

28-1-14. Notice of intention to introduce local bill; copies to governing authorities.

1. No local bill shall become law unless notice of the intention to introduce such bill shall have been advertised in the newspaper in which the sheriff's advertisements for the locality affected are published one time before the bill is introduced. Such advertisement must be not more than 60 days prior to the convening date of the session at which the bill is introduced. After the advertisement has been published the bill may be introduced at any time during that session unless the advertisement is published during the session, in which event the bill may not be introduced before Monday of the calendar week following the week in which the advertisement is published.
2. No local bill amending the charter of a municipality or the enabling Act of the governing authority of a county or a consolidated government shall become law unless a copy of the notice of the intention to introduce local legislation required by subsection (a) of this Code section is mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which such notice is published as provided in subsection (a) of this Code section or during the seven days immediately following the date of publication of such notice. A single notice sent by United States mail, postage prepaid, addressed to the governing authority of the county, municipality, or consolidated government at the official address of such governing authority shall satisfy the requirement of this subsection. If such notice is mailed, the notice requirement of this subsection shall be presumed to have been met by depositing the copy of the required notice in the United States mail. For purposes of this subsection, the copy of the notice provided to such governing authority may consist of an actual or photostatic copy of the published notice or a typed restatement of the contents of such notice.
3. A copy of the notice as it was advertised and an affidavit stating that the notice has been published as provided by this Code section and that the notice requirements of this Code section have been met shall be attached to the bill and shall become a part of the bill. Such affidavit shall be made by the author of the bill. (Code 1981, § 28-1-14 , enacted by Ga. L. 1983, p. 646, § 2; Ga. L. 1991, p. 747, § 1; Ga. L. 1996, p. 1198, § 1; Ga. L. 1997, p. 11, § 2; Ga. L. 2002, p. 985, § 1.)

Cross references. - Advertisement of notice to introduce local legislation, Ga. Const. 1983, Art. III, Sec. V, Para. IX.

Advertisement of local legislation proposing salary supplement for judges, § 15-6-29 .

Editor's notes. - Ga. L. 1983, p. 646, § 2 and Ga. L. 1983, p. 1205, § 2, both enacted Code sections designated as "28-1-14." The "28-1-14" enacted by Ga. L. 1983, p. 1205, § 2 was redesignated as "28-1-15" by Ga. L. 1984, p. 22, § 28.

Ga. L. 1983, p. 646, § 1, not codified by the General Assembly, provides: "It is the intent of this Act to provide the law required by Article III, Section V, Paragraph IX of the Constitution of the State of Georgia."

Ga. L. 1991, p. 747, § 2, not codified by the General Assembly, provides: "This Act shall become effective July 1, 1991, and shall apply with respect to bills introduced at sessions of the General Assembly convening on or after that date. Any bill introduced at any prior session of the General Assembly shall be subject to prior law, notwithstanding the fact that it may be carried over to a later session of the General Assembly."

28-1-14.1. Local bills proposing annexation by municipalities; providing copies to county governing authority.

Repealed by Ga. L. 2002, p. 985, § 1, effective May 14, 2002.

Editor's notes. - This Code section was based on Code 1981, § 28-1-14.1 , enacted by Ga. L. 1992, p. 2592, § 1; Ga. L. 1993, p. 91, § 28.

Ga. L. 2016, p. 864, § 20/HB 737, part of an Act to revise, modernize, and correct the Code, purported to designate this reserved Code section as repealed; however, due to the preexisting designation of this Code section as repealed, this amendment has not been given effect.

28-1-15. Restrictions on population bills; "population bill" defined.

1. This Code section is passed pursuant to the authority of Article III, Section VI, Paragraph IV, subparagraph (b) of the Constitution, and no population bill shall be passed and no bill using classification by population as a means of determining the applicability of any bill or law to any political subdivision or group of political subdivisions may expressly or impliedly amend, modify, supersede, or repeal this Code section.
2. As used in this Code section, "political subdivision" means any county, municipality, county school district, independent school district, judicial circuit, militia district, or any other geographical area of the state which does not include the entire area of the state.
3. Except as provided in this subsection, "population bill" means any bill using classification by population as a means of determining the applicability of any bill or law to any political subdivision or group of political subdivisions of the state. "Population bill" shall not include the following:
   1. A bill applicable to one specified type of political subdivision and containing a combination of population classifications which includes the population of and affects all political subdivisions of the type specified, including but not limited to state-wide minimum salary bills for county officers;
   2. A bill classifying political subdivisions having less than a specified population and affecting three or more such political subdivisions; provided, however, that this paragraph shall not apply to or affect the legality of any bills classifying political subdivisions having less than a specified population enacted prior to July 1, 1988, or which become effective July 1, 1988;
   3. A bill classifying political subdivisions having more than a specified population and affecting three or more such political subdivisions; provided, however, that this paragraph shall not apply to or affect:
      1. The legality of any bills classifying political subdivisions having more than a specified population enacted prior to July 1, 1988, or which become effective July 1, 1988; or
      2. The passage or legality of any bills amending bills referred to in subparagraph (A) of this paragraph with respect to specific subject matter contained in such bills on July 1, 1988;
   4. A bill classifying political subdivisions on the basis of the population of standard metropolitan statistical areas and affecting three or more such political subdivisions; provided, however, that this paragraph shall not apply to or affect the legality of any bills classifying on the basis of the population of standard metropolitan statistical areas enacted prior to July 1, 1988, or which become effective July 1, 1988;
   5. A bill amending a law which classifies political subdivisions on the basis of population if that amendment merely changes the population classification of such law so as to permit that law to remain applicable to those political subdivisions to which that law was applicable immediately prior to the time the most recent census figures became applicable to those political subdivisions; or
   6. A bill repealing a law which classifies on the basis of population.

      In order to be permissible under the foregoing exceptions, a bill must fit within only one of the foregoing exceptions; and any bill which uses two or more of the foregoing classification devices shall be a prohibited "population bill."

      1. The salary of any officer, official, or employee of a county, municipality, or other political subdivision; provided, however, that the limitation provided for in this subparagraph shall not apply to state-wide minimum salary bills for county officers which are authorized under paragraph (1) of subsection (c) of this Code section; or
      2. The property, affairs, or operation of the governing authority of a county or municipality, including, but not limited to, any matters pertaining to municipal annexation, deannexation, incorporation, or dissolution.

         (2) Except as provided in subparagraph (A) of paragraph (1) of this subsection, any population bill which meets any of the classification criteria of this subsection shall be a prohibited population bill even if such bill is described in paragraphs (1) through (4) of subsection (c) of this Code section. Any such bill enacted prior to July 1, 1997, or which became effective July 1, 1997, may thereafter be repealed as authorized under paragraph (6) of subsection (c) of this Code section or may only be amended as authorized under paragraph (5) of subsection (c) of this Code section.

   (c.1) (1) A population bill shall also mean any bill using classification by population as a means of determining the applicability of any bill or law to any political subdivision or group of political subdivisions of the state with respect to the following:

4. Nothing in this Code section shall be construed to invalidate any judicially imposed requirements for Acts classifying on the basis of population. (Code 1981, § 28-1-14 , enacted by Ga. L. 1983, p. 1205, § 2; Code 1981, § 28-1-15 , as redesignated by Ga. L. 1984, p. 22, § 28; Ga. L. 1988, p. 1547, § 1; Ga. L. 1997, p. 1308, §§ 1, 2.)

Cross references. - Prohibition of population bills, Ga. Const. 1983, Art. III, Sec. VI, Para. IV.

Editor's notes. - Ga. L. 1983, p. 646, § 2 and Ga. L. 1983, p. 1205, § 2 both enacted Code sections designated as "28-1-14." The Code section enacted by the latter Act was redesignated as "28-1-15" by Ga. L. 1984, p. 22, § 28, effective February 3, 1984.

Ga. L. 1983, p. 1205, § 1, not codified by the General Assembly, provides: "It is the intent of this Act to implement certain changes required by Article III, Section VI, Paragraph IV, subparagraph (b) of the Constitution of the State of Georgia."

28-1-16. Issuance of subpoenas by Superior Court of Fulton County on behalf of the Committees on Ethics of the Senate and House of Representatives.

1. If the Committee on Ethics of the Senate or House of Representatives determines that the effective functioning of the committee requires the issuance of compulsory process to secure the attendance of a witness or the production of documents and materials, or if a person whose conduct is called into question in an investigation or other proceeding requests the issuance of such compulsory process, the chairperson or acting chairperson shall make application in writing to the presiding judge of the Superior Court of Fulton County for the issuance of an appropriate subpoena. Such application shall:
   1. Describe in general terms the investigation or other proceeding for which the issuance of subpoena is sought and identify the provisions of the Senate or House rules authorizing the committee to conduct such investigation or proceeding;
   2. In the case of  process to secure the attendance of a witness, identify the witness; the general nature of the questions to be propounded to the witness; and the reasons for believing that the testimony of the witness is likely to be relevant to the authorized scope of the investigation or proceeding;
   3. In the case of process to secure the production of documents and materials, identify the person to whom the subpoena is to be directed; the general nature of the documents and materials in question; and the reasons for believing that such documents and materials are likely to be relevant to the authorized scope of the investigation or proceeding;
   4. State whether confidential treatment of the application for and issuance of the subpoena is requested;
   5. If the application is submitted on behalf of a person whose conduct is called into question, be accompanied by any materials in support of the application which such person desires to have transmitted to the court with the application; and
   6. If the application is submitted on motion of the committee, be sought by the chairperson or acting chairperson only after notification to the person whose conduct is in issue that the subpoena will be sought.
2. The presiding judge shall act on such application within 48 hours after it is presented to the judge.  If the judge finds that the committee is acting within the scope of the authority granted to it by the rules of the Senate or House and that the testimony or documents or materials sought to be elicited appear to be likely to be relevant to the authorized scope of the investigation or proceeding, the judge may cause an appropriate subpoena to be issued and transmitted to the chairperson or acting chairperson.  If the judge deems it necessary or appropriate, the judge may hold a closed or open hearing with respect to his or her determination of this matter.
3. When authorized by the rules of the Senate and House, the confidential treatment of material and information in the course of investigations and other proceedings of the Committees on Ethics shall be recognized by law.  Such confidential treatment shall be preserved in proceedings under this Code section as provided in this subsection.  If the application for a subpoena requests confidential treatment, the court shall in any event take any and all steps necessary or appropriate to preserve the confidentiality of the application.  The court may, but shall not be required to, issue the subpoena in such a manner as to preserve its confidentiality.  If the court determines that a subpoena may be issued but confidential treatment is not warranted under the rules of the Senate or House, the judge shall so notify the chairperson or acting chairperson; and the chairperson or acting chairperson shall then have the option to:
   1. Abandon the request for a subpoena, in which case the application shall remain confidential; or
   2. Accept the determination of the court, in which case the subpoena shall issue, but the application and the issuance shall not be treated as confidential.
4. In case of refusal to obey a subpoena issued under this Code section to any person, the Superior Court of Fulton County, upon application by the chairperson or acting chairperson, may issue to the person an order requiring him or her to appear before the court to show cause why he or she should not be held in contempt for refusal to obey the subpoena.  Failure to obey a subpoena may be punished by the court as contempt of court.
5. A subpoena issued under this Code section may be served at any place in this state and in any manner authorized in Code Section 24-13-24. Fees and mileage shall be paid and tendered as provided in Code Section 24-13-25, notwithstanding the general exemption of the state from tender of fees and mileage, and shall be in the form of a check issued by the Legislative Fiscal Office upon the written request of the chairperson or acting chairperson.
6. Any decision of the court under this Code section shall be appealable in the same manner as provided by law for the appeal of a final judgment in a civil action. (Code 1981, § 28-1-16 , enacted by Ga. L. 1993, p. 1390, § 1; Ga. L. 2003, p. 140, § 28; Ga. L. 2011, p. 99, § 40/HB 24.)

Cross references. - General Assembly authorized to make investigations with same powers as Attorney General, § 45-15-19 .

Editor's notes. - Ga. L. 2011, p. 99, § 101/HB 24, not codified by the General Assembly, provides that this Act shall apply to any motion made or hearing or trial commenced on or after January 1, 2013.

Law reviews. - For article, "Evidence," see 27 Ga. St. U.L. Rev. 1 (2011). For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 1 (2011).

28-1-17. Prefiling of proposed bills and resolutions prior to each legislative session; administrative procedure.

1. The purpose of this Code section is to establish an administrative procedure for the prefiling of proposed bills and resolutions prior to the convening of each legislative session.  The purposes of such procedure shall include:
   1. Allowing, but not requiring, the author of a measure which he or she intends to introduce in the General Assembly to make the members of the General Assembly and the general public aware of the existence and contents of such proposed measure;
   2. Allowing, but not requiring, the presiding officers of the Senate and House of Representatives to indicate the committees to which they intend to assign such proposed measures if and when they are officially introduced; and
   3. Allowing, but not requiring, standing committees so selected to begin informal consideration of such proposed measures.
2. During the period which begins on November 15 of each calendar year and ends on the Friday before the second Monday in January of the following calendar year, bills and resolutions considered for introduction in the General Assembly may be prefiled with the Secretary of the Senate and the Clerk of the House as authorized in this Code section.  Such measures may be so prefiled with the Secretary of the Senate by any one or more Senators who will be eligible to consider the measure when introduced. Such measures may be so prefiled with the Clerk of the House by any one or more Representatives who will be eligible to consider the measure when introduced. The prefiling of a measure shall not constitute the official introduction of a bill or resolution, and a bill or resolution may be officially introduced only during a legislative session.
3. When any one or more authors of a proposed measure desire to prefile the proposed measure, they shall obtain copies of the same from the Office of Legislative Counsel, prepared in a form to indicate their status as measures to be prefiled, and shall prefile the same with the Secretary of the Senate or the Clerk of the House in such manner as may be prescribed by the Secretary or the Clerk.
4. Neither the prefiling of a proposed measure by the author, an indication of intention to assign a proposed measure to a committee by a presiding officer, nor the informal consideration of a proposed measure by a committee shall be binding or have official status as the introduction, assignment to committee, or committee consideration of a measure; and all of such actions may officially be taken only after the convening of a session of the General Assembly.
5. Upon receipt of a prefiled bill or resolution, the Secretary or Clerk shall assign to the proposed measure an identifying number.  The Secretary and Clerk may develop numbering systems which will allow prefiled measures to be identified by a number corresponding to the bill or resolution number which will be assigned to the same measure when and if it is officially introduced during the legislative session.
6. Following receipt of a prefiled measure, the Secretary or Clerk shall notify the presiding officer of the Senate or House, and such presiding officer may make a preliminary assignment of the measure to a standing committee for consideration by the committee.  Such a preliminary assignment shall not constitute the official assignment of an officially introduced bill. Such official assignment of a bill or resolution may take place only following the official introduction of the bill or resolution during the legislative session. Such a preliminary assignment shall in no manner be binding upon the presiding officer, and the official assignment of a bill or resolution after its official introduction may be made without regard to any preliminary assignment of the proposed measure.
7. Upon the preliminary assignment of a bill or resolution, the committee to which the same is assigned may commence consideration of the proposed measure and the issues addressed therein, but the committee shall have no power to take any official action with respect to such a proposed measure until after its official introduction and assignment to the committee.
8. All measures prefiled under this Code section and the preliminary assignment of the same shall be matters of public record and shall be made available to the public. (Code 1981, § 28-1-17 , enacted by Ga. L. 1994, p. 1146, § 1.)

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1994, this Code section, enacted as Code Section 28-1-16, was redesignated as Code Section 28-1-17.

28-2-1. Apportionment and qualifications for the House of Representatives.

1. 1. There shall be 180 members of the House of Representatives.
   2. The General Assembly by general law shall divide the state into 180 representative districts which shall consist of either a portion of a county or a county or counties or any combination thereof and shall be represented by one Representative elected only by the electors of such district.
2. A member of the House of Representatives shall be a resident of the district which such member represents and at the time of such member's election shall have been a resident of the territory embraced within such district for at least one year preceding such time. (Code 1981, § 28-2-1 , enacted by Ga. L. 2011, Ex. Sess., p. 3, § 3/HB 1EX.)

Cross references. - Constitutional requirements as to apportionment, Ga. Const. 1983, Art. III, Sec. II, Para. II.

Constitutional requirements as to qualifications, Ga. Const. 1983, Art. III, Sec. II, Para. III.

Disqualifications, Ga. Const. 1983, Art. III, Sec. II, Para. IV.

Vacancies, Ga. Const. 1983, Art. III, Sec. IV, Para. V.

Designation of congressional districts of state, § 21-2-4 .

Editor's notes. - This Code section formerly pertained to apportionment and qualifications for the House of Representatives. The former Code section was based on Ga. L. 1890-91, p. 192, § 1; Civil Code 1895, § 291; Ga. L. 1901, p. 51, § 1; Civil Code 1910, § 333; Ga. L. 1921, p. 229, § 1; Ga. L. 1931, p. 48, § 1; Code 1933, § 47-101; Ga. L. 1941, p. 348, § 1; Ga. L. 1951, p. 26, § 1; Ga. L. 1953, p. 10, § 1; Ga. L. 1961, p. 111, § 1; Ga. L. 1965, p. 127, § 1; Ga. L. 1967, p. 187, § 1; Ga. L. 1968, p. 209, § 1; Ga. L. 1971, Ex. Sess., p. 22, § 1; Ga. L. 1972, p. 250, § 1; Ga. L. 1974, p. 16, § 1; Ga. L. 1978, p. 1043, § 1; Ga. L. 1981, Ex. Sess., p. 12, § 1; Ga. L. 1982, p. 452, §§ 1, 2; Ga. L. 1983, p. 1123, §§ 1, 2; Ga. L. 1984, p. 1071, § 1; Ga. L. 1985, p. 1472, § 1; Ga. L. 1986, p. 466, § 1; Ga. L. 1991, Ex. Sess., p. 186, § 1; Ga. L. 1992, p. 133, § 1; Ga. L. 1992, p. 492, § 1; Ga. L. 1992, p. 827, § 1; Ga. L. 1993, p. 813, §§ 1, 2; Ga. L. 1994, p. 133, § 1; Ga. L. 1994, p. 174, § 1; Ga. L. 1995, p. 795, § 1; Ga. L. 1995, Ex. Sess., p. 72, §§ 1-3; Ga. L. 1997, p. 229, §§ 1-3; Ga. L. 1998, p. 11, § 1; Ga. L. 2001, Ex. Sess., p. 425, §§ 1-3 and was repealed by Ga. L. 2011, Ex. Sess., p. 3, § 3/HB 1EX, effective August 24, 2011.

Ga. L. 2011, Ex. Sess., p. 3, § 1/HB 1EX, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Georgia House of Representatives Reapportionment Act of 2011.'"

The 2001 House reapportionment plan provided by O.C.G.A. § 28-2-1 , as amended by Ga. L. 2001, Ex. Sess. p. 425, §§ 1-3, was held unconstitutional in Larios v. Cox, 300 F. Supp. 2d 1320 (N.D. Ga. 2004); aff'd, 542 U.S. 947 (2004). For adoption of 2004 court-ordered remedial plan for House reapportionment, see Larios v. Cox, 314 F. Supp. 2d 1357 (N.D. Ga. 2004).

Ga. L. 2006, p. 12, § 1/HB 1137, not codified by the General Assembly, provides: "(a) The General Assembly recognizes that the apportionment of the house districts for the 2004 elections was governed by the interim reapportionment plan entered by order of the United States District Court for the Northern District of Georgia in the case of Larios v. Cox, 314 F. Supp. 2d 1357 (N.D. Ga. 2004).

"(b) Except as otherwise provided in this subsection, the districts for House Districts 1 through 180 shall continue to be those districts as provided in the order of the United States District Court in the case of Larios v. Cox. On and after January 1, 2007, House Districts 5, 12, 46, 48, 50, 51, 167, and 179 shall be as described in a report which is attached to this Act and is made a part of this Act.

"(c) The first members of the House of Representatives from House Districts 5, 12, 46, 48, 50, 51, 167, and 179 elected pursuant to subsection (b) of this section shall be those who are elected to take office on the convening date of the regular session of the General Assembly in 2007. Until that time the members of the House of Representatives elected from House Districts 5, 12, 46, 48, 50, 51, 167, and 179 under the interim court order in the case of Larios v. Cox shall continue to serve and shall represent the districts from which elected; and until that time the composition of the districts from which such members were elected shall remain the same. The provisions of subsection (b) of this section shall be effective, however, for the primary and general elections of 2006 for the purpose of electing members of the House of Representatives from House Districts 5, 12, 46, 48, 50, 51, 167, and 179 in 2006 who are to take office in 2007. Successors to those members shall likewise be elected under the provisions of this Act."

Ga. L. 2011, Ex. Sess., p. 3, § 2/HB 1EX, as amended by Ga. L. 2012, p. 21, § 1/HB 829 and Ga. L. 2015, p. 1413, § 1/HB 566 and the attachment thereto identified as "Plan: HSEPROP1 Plan Type: HOUSE Administrator: H167 User: STAFF", not codified by the General Assembly, contains the description of the state house districts and related definitions, effectiveness, and applicability provisions.

Ga. L. 2011, p. 3, § 4/HB 1EX, not codified by the General Assembly, provides: "The apportionment of the House of Representatives and the description of House Districts 1 through 180 provided for pursuant to this Act shall supersede and replace the apportionment of the House of Representatives and the description of House Districts 1 through 180 provided for pursuant to the 2004 interim House apportionment plan of the Special Master adopted by the United States District Court for the Northern District of Georgia in Larios v. Cox, 314 F. Sup. 2d 1357 (N.D. Ga. 2004) and descriptions of House Districts 5, 12, 46, 48, 50, 51, 167, and 179 as provided in an Act approved March 1, 2006 (Ga. L. 2006, p. 12)."

Law reviews. - For comment, "Pinpoint Redistricting and the Minimization of Partisan Gerrymandering," see 59 Emory L.J. 211 (2009).

28-2-2. Apportionment and qualifications for the Senate.

1. There shall be 56 members of the Senate. The General Assembly shall by general law divide the state into 56 Senate districts which shall be composed of a portion of a county or a county or counties or a combination thereof and shall be represented by one Senator elected only by the electors of such district.
2. A member of the Senate shall be a resident of the district which such member represents and at the time of such member's election shall have been a resident of the territory embraced within such district for at least one year preceding such time. (Code 1981, § 28-2-2 , enacted by Ga. L. 2011, Ex. Sess., p. 139, § 3/SB 1EX.)

Cross references. - Constitutional requirements as to apportionment, Ga. Const. 1983, Art. III, Sec. II, Para. II.

Constitutional requirements as to qualifications, Ga. Const. 1983, Art. III, Sec. II, Para. III.

Disqualifications, Ga. Const. 1983, Art. III, Sec. II, Para. IV.

Vacancies, Ga. Const. 1983, Art. III, Sec. IV, Para. V.

Designation of congressional districts of state, § 21-2-4 .

Editor's notes. - This Code section formerly pertained to apportionment and qualifications for the Senate. The former Code section was based on Ga. L. 1906, p. 80, § 1; Civil Code 1910, § 334; Ga. L. 1918, p. 84, §§ 1-4; Code 1933, § 47-102; Ga. L. 1945, p. 1042, §§ 1, 2; Ga. L. 1946, p. 42, § 1; Ga. L. 1962, Ex. Sess., p. 7, § 9; Ga. L. 1964, p. 127, § 2; Ga. L. 1964, p. 691, §§ 1, 2; Ga. L. 1966, p. 245, §§ 1, 2; Ga. L. 1966, p. 561, § 1; Ga. L. 1967, p. 159, § 1; Ga. L. 1968, p. 36, § 1; Ga. L. 1968, p. 560, § 1; Ga. L. 1970, p. 557, § 1; Ga. L. 1971, Ex. Sess., p. 69, § 1; Ga. L. 1972, p. 237, § 2; Ga. L. 1974, p. 1233, § 1; Ga. L. 1981, Ex. Sess., p. 103, § 1; Ga. L. 1982, p. 444, §§ 1, 2; Ga. L. 1984, p. 394, § 1; Ga. L. 1988, p. 1465, § 1; Ga. L. 1991, Ex. Sess., p. 124, § 1; Ga. L. 1992, p. 59, § 1; Ga. L. 1992, p. 693, § 1; Ga. L. 1993, p. 863, § 2; Ga. L. 1994, p. 174, § 2; Ga. L. 1995, Ex. Sess., p. 6, §§ 1-3; Ga. L. 1997, p. 163, §§ 1-3; Ga. L. 1998, p. 21, § 1; Ga. L. 1999, p. 42, § 1; Ga. L. 2000, p. 1676, § 1; Ga. L. 2001, Ex. Sess., p. 2, §§ 1, 2; Ga. L. 2006, p. 23, § 1/SB 386 and was repealed by Ga. L. 2011, Ex. Sess., p. 139, § 3/SB 1EX, effective August 24, 2011.

Ga. L. 2011, Ex. Sess., p. 139, § 1/SB 1EX, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Georgia Senate Reapportionment Act of 2011.'"

Ga. L. 2011, Ex. Sess., p. 139, § 2/SB 1EX, as amended by Ga. L. 2012, p. 62, § 1/SB 430 and Ga. L. 2015, p. 1413, § 1/HB 566 and the attachment thereto identified as "Plan Name: Senprop1 Plan Type: Senate Administrator: S028 User: Gina", not codified by the General Assembly, contains the description of the state senate districts and related definitions, effectiveness, and applicability provisions.

Ga. L. 2011, Ex. Sess., p. 139, § 4/SB 1EX, not codified by the General Assembly, provides that: "The apportionment of the Senate and the description of Senate Districts 1 through 56 provided for pursuant to this Act shall supersede and replace the apportionment of the Senate and the description of Senate districts provided for pursuant to the 2004 interim Senate apportionment plan of the Special Master adopted by the United States District Court for the Northern District of Georgia in Larios v. Cox, 314 F. Sup. 2d 1357 (N.D. Ga. 2004), as well as the revised statutory description of Senate Districts 46, 47, and 49."

Ga. L. 2012, p. 62, § 2/SB 430, not codified by the General Assembly, provides that: "This section shall become effective upon the approval of this Act by the Governor or upon this Act becoming law without such approval. The remaining sections of this Act shall become effective upon receipt of preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; provided, however, that, if this Act has not received preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, by the time of the beginning of qualifying for the 2012 general primary, the remaining sections of this Act shall not be effective for the primary and general elections of 2012 for the purpose of electing members of the Senate who are to take office in 2013, but shall become effective on January 1, 2014, provided this Act has received preclearance as provided by law. If this Act has not received preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, by December 31, 2013, this Act shall stand automatically repealed by operation of law on January 1, 2014." This Act became effective April 13, 2012.

Law reviews. - For note, "Perdue v. Baker: Who Has the Ultimate Power over Litigation on Behalf of the State of Georgia - the Governor or the Attorney General?," see 21 Ga. St. U.L. Rev. 751 (2005). For comment, "Pinpoint Redistricting and the Minimization of Partisan Gerrymandering," see 59 Emory L.J. 211 (2009).

28-3-1. Doorkeeper and messenger in House of Representatives; sergeant-at-arms in Senate.

The House of Representatives is entitled to a doorkeeper and a messenger who shall perform such duties as may be required of them, who shall be elected as provided for the election of the Clerk of the House of Representatives, and who shall be compensated as provided by resolution of the House of Representatives. The Senate is entitled to a sergeant-at-arms who shall perform such duties as may be required of him, who shall be elected by the Senate, and who shall be compensated as provided by resolution of the Senate.

(Ga. L. 1862-63, p. 139, § 2; Code 1863, § 178; Code 1868, § 173; Code 1873, § 184; Code 1882, § 184; Civil Code 1895, § 296; Civil Code 1910, § 338; Code 1933, § 47-301; Ga. L. 1966, p. 544, § 2; Ga. L. 1983, p. 385, § 1.)

Cross references. - Election of Clerk of the House of Representatives and Secretary of the Senate, § 28-3-20 .

28-3-20. Election and term of office; procedure for filling vacancies.

1. There shall be a Secretary of the Senate and a Clerk of the House of Representatives, elected by the members of each house respectively by recorded vote; and a majority of votes cast is necessary to elect. Their terms of office shall be the time for which the members of the General Assembly are elected and until their successors are elected.
2. In the event of a vacancy in the office of Clerk of the House or the permanent disability of the Clerk of the House, the Speaker shall appoint a duly qualified person to succeed to the office of Clerk of the House.  Any question concerning the existence of permanent disability of the Clerk of the House shall be determined by the Speaker with the concurrence of a majority of the chairmen of the standing committees of the House.  Any person succeeding to the office of Clerk of the House  pursuant to this subsection shall serve for the remainder of the unexpired term.
3. 1. In the event of a vacancy in the office of Secretary of the Senate while the Senate is not in session or the permanent disability of the Secretary of the Senate while the Senate is not in session, the President Pro Tempore of the Senate shall appoint a duly qualified person to succeed to the office of Secretary of the Senate. Any person succeeding to the office of Secretary of the Senate pursuant to this paragraph shall serve until the next session of the General Assembly, at which time the Senate shall elect a duly qualified person to serve for the remainder of the unexpired term, if any.
   2. In the event of a vacancy in the office of the Secretary of the Senate while the Senate is in session or the permanent disability of the Secretary of the Senate while the Senate is in session, the Senate shall elect a duly qualified person to serve for the remainder of the unexpired term.
   3. Any question concerning the existence of permanent disability of the Secretary of the Senate shall be determined by the President of the Senate with the concurrence of a majority of the chairmen of the standing committees of the Senate.

      (Orig. Code 1863, § 188; Code 1868, § 182; Code 1873, § 194; Code 1882, § 194; Civil Code 1895, § 315; Civil Code 1910, § 358; Code 1933, § 47-201; Ga. L. 1983, p. 494, § 2; Ga. L. 1984, p. 656, § 1; Ga. L. 1991, p. 622, § 1.)

Cross references. - Recorded vote required in General Assembly elections, Ga. Const. 1983, Art. III, Sec. IV, Para. X.

Editor's notes. - Ga. L. 1983, p. 494, § 1, not codified by the General Assembly, provides: "It is the intent of this Act to implement certain changes required by Article III, Section IV, Paragraph X of the Constitution of the State of Georgia."

28-3-21. Bond for discharge of duties.

Reserved. Repealed by Ga. L. 2006, p. 177, § 1, effective July 1, 2006.

Editor's notes. - This Code section was based on Ga. L. 1878-79, p. 185, § 3; Code 1882, § 198; Civil Code 1895, § 320; Civil Code 1910, § 363; Code 1933, § 47-204.

28-3-22. Duties when both branches of the General Assembly meet in single chamber.

When there is a meeting of both branches of the General Assembly in one chamber, the Secretary of the Senate and the Clerk of the House of Representatives shall be present and join in the discharge of the duties required, and each shall enter the proceedings in the journal of his respective house.

(Orig. Code 1863, § 196; Code 1868, § 190; Code 1873, § 202; Code 1882, § 202; Civil Code 1895, § 324; Civil Code 1910, § 367; Code 1933, § 47-205.)

28-3-23. Compensation, expenses, and allowances; travel expenses.

1. The Secretary of the Senate shall receive such compensation, expenses, and allowances as shall be provided by resolution of the Senate; and the Clerk of the House of Representatives shall receive such compensation, expenses, and allowances as shall be provided by resolution of the House of Representatives.
2. The Secretary of the Senate and the Clerk of the House of Representatives shall receive traveling expenses when traveling in the service of the state by motor vehicle as provided for in Code Section 50-19-7.

   (Ga. L. 1974, p. 458, § 1.)

28-3-24. Procedure for distributing bills, resolutions, and other documents; fees.

The Legislative Services Committee shall provide a procedure for the distribution by the Secretary of the Senate and the Clerk of the House of Representatives of bills, resolutions, calendars, status sheets, and other documents. Such procedure may be changed from time to time by the committee and may include a schedule or schedules of fees to be charged for such documents. All funds received as a result of such fees by the Secretary and the Clerk shall be paid into the general fund of the state treasury.

(Orig. Code 1863, § 1577; Code 1868, § 1639; Code 1873, § 1645; Ga. L. 1878-79, p. 185, § 1; Code 1882, § 1645; Civil Code 1895, § 286; Civil Code 1910, § 321; Code 1933, § 47-210; Ga. L. 1967, p. 268, § 1; Ga. L. 1982, p. 3, § 28; Ga. L. 1985, p. 511, § 1.)

28-3-24.1. Public distribution of legislative information in electronic format.

1. It is the policy of the General Assembly that legislative information concerning the activities of the General Assembly may be made readily and widely available in electronic format on a timely basis.
2. The Secretary of the Senate and the Clerk of the House of Representatives may provide legislative information in electronic format to the GeorgiaNet Division of the Georgia Technology Authority for purposes of public distribution as provided in Code Section 50-25-14 . The information may be provided on at least a daily basis in the most current format available. The information provided may include at a minimum: available schedules and agenda for committee meetings; available bill and resolution status information; and full text of all available prefiled and introduced versions of bills and resolutions, including amendments and substitutes. The information provided may include such other matters as will in the determination of the Secretary and the Clerk contribute to the purposes of this Code section. The Georgia Technology Authority shall work with the General Assembly to develop a single Internet site for the Georgia General Assembly. The content and the format of the General Assembly Internet site shall be determined by the Legislative Services Committee. (Code 1981, § 28-3-24.1 , enacted by Ga. L. 1995, p. 720, § 1; Ga. L. 2000, p. 249, § 1.)

Law reviews. - For note on 2000 amendment of this Code section, see 17 Ga. St. U.L. Rev. 280 (2000).

28-3-24.2. "Official written communication" defined; electronic format and requirements.

1. As used in this Code section, the term "official written communication" means any report, notice, or other written correspondence required by the Official Code of Georgia Annotated, as now or hereafter amended, to be provided to officers, members, or employees of the General Assembly.
2. It is the policy of the General Assembly that whenever an official written communication is sent to officers, members, or employees of the General Assembly such communication shall be in an electronic format that creates a record that may be retained, retrieved, and reviewed by a recipient thereof and that may be directly reproduced in paper form by such a recipient. (Code 1981, § 28-3-24.2 , enacted by Ga. L. 2014, p. 346, § 1/SB 60.)

28-3-25. Oath of office.

The Secretary of the Senate and the Clerk of the House of Representatives, before entering on the discharge of their duties, shall take an oath before the respective presiding officers of the two houses to discharge their duties faithfully and to the best of their skill and knowledge. Said oath should be entered in the journals of the respective houses.

(Orig. Code 1863, § 189; Code 1868, § 183; Code 1873, § 195; Code 1882, § 195; Civil Code 1895, § 316; Civil Code 1910, § 359; Code 1933, § 47-202.)

28-4-1. Legislative Services Committee; creation; membership; compensation; meetings.

1. There is created the Legislative Services Committee, hereinafter called the committee, to be composed of the Speaker of the House of Representatives, the President of the Senate, the chairperson of the Appropriations Committee of the Senate, the chairperson of the Appropriations Committee of the House of Representatives, the chairperson of the Judiciary Committee of the Senate, the chairperson of the Judiciary Committee of the House of Representatives, the chairperson of the Banking and Financial Institutions Committee of the Senate, the chairperson of the Ways and Means Committee of the House of Representatives, the President Pro Tempore of the Senate, the Speaker Pro Tempore of the House of Representatives, the majority leader of the Senate, the majority leader of the House of Representatives, the minority leader of the Senate, the minority leader of the House of Representatives, the Secretary of the Senate, and the Clerk of the House of Representatives. The Speaker of the House of Representatives shall be chairperson of the committee, and the Secretary of the Senate shall be secretary of the committee.
2. The members of the committee shall receive no additional allowances for service on the committee while the General Assembly is in session; but, for each day spent in the performance of their duties under this chapter between sessions, the members shall receive the allowances authorized by law for legislative members of interim legislative committees.
3. The committee shall meet at least twice during each calendar year. Additional meetings may be held upon the call of the chairperson or upon the call of a majority of the members of the committee. Nine members of the committee shall constitute a quorum and the affirmative vote of a majority of those members present at a meeting of the committee, provided such members present constitute a quorum, shall be necessary to transact business of the committee. The chairperson shall be entitled to vote on all matters requiring a vote of the committee.

   (Ga. L. 1959, p. 152, § 1; Ga. L. 1961, p. 230, § 1; Ga. L. 1976, p. 176, § 1; Ga. L. 1979, p. 795, § 1; Ga. L. 1983, p. 722, § 1; Ga. L. 1984, p. 359, §§ 1, 2; Ga. L. 1990, p. 366, § 1; Ga. L. 1991, p. 5, § 1; Ga. L. 1995, p. 933, § 1; Ga. L. 2001, p. 865, § 2.)

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1991, "Banking and Financial Institutions" was substituted for "Banking and and Financial Institutions" near the middle of the first sentence in subsection (a).

28-4-2. General powers and duties of the Legislative Services Committee.

1. The committee is empowered to:
   1. Study and adopt methods and procedures to operate more efficiently the General Assembly and each house thereof;
   2. Study and adopt methods and procedures to make more uniform the operations of the Senate and the House of Representatives;
   3. Exercise general supervision of the operation of the legislative branch of government and act for and enter into contracts on behalf of agencies of the legislative branch, the General Assembly, and each house thereof;
   4. Provide for services for the legislative branch of government; and
   5. Delegate such of its powers and authority as it deems advisable.
2. The committee shall have complete control, authority, and jurisdiction over the rooms, chambers, offices, and other areas on the third and fourth floors of the state capitol building and on the mezzanine between the third and fourth floors. All assignments for the use of such rooms, chambers, offices, and other areas by the General Assembly, the Senate, the House of Representatives, committees of the Senate and the House, members of the Senate and the House, and agencies, officials, and employees of the legislative branch of government shall be made by the committee or under such procedure as the committee shall provide. Any assignment shall be subject to change by the committee. Use of any such room, chamber, office, or other area, other than as provided above, shall be under such procedure as the committee shall provide.
3. The committee is authorized to provide for the maintenance, repair, construction, renovation, refurbishing, and furnishing of the rooms, offices, and other areas which are under the control, authority, and jurisdiction of the committee or which have been assigned jointly to the Senate and House of Representatives. The Senate is authorized to provide for the maintenance, repair, construction, renovation, refurbishing, and furnishing of the rooms, chamber, offices, and other areas which are under the control, authority, and jurisdiction of the Senate and the House of Representatives is authorized to provide for the maintenance, repair, construction, renovation, refurbishing, and furnishing of the rooms, chamber, offices, and other areas which are under the control, authority, and jurisdiction of the House of Representatives. Any repair, construction, or renovation by the committee, the Senate, or the House of Representatives in an amount exceeding $5,000.00 shall be accomplished on a competitive bid basis unless such repair, construction, or renovation is accomplished by a state agency or authority. The committee, the Senate, and the House of Representatives shall provide for competitive bids. The committee, the Senate, and the House of Representatives may provide for emergency repairs other than by competitive bids.
4. The committee shall provide for the procurement of supplies, materials, and equipment which are required jointly for the Senate and House of Representatives. The Senate shall provide for the procurement of supplies, materials, and equipment for the Senate and the House of Representatives shall provide for the procurement of supplies, materials, and equipment for the House of Representatives. Such procurement by the committee, the Senate, and the House of Representatives may be accomplished through a state-wide contract which has been approved by the Department of Administrative Services - Purchasing Division and which was entered into as a result of competitive bids. Procurement may also be accomplished through the Department of Administrative Services - Central Supply. All other procurement of supplies, materials, and equipment in an amount exceeding $3,000.00 on any single order shall be accomplished by competitive bids. The committee, the Senate, and the House of Representatives shall provide for competitive bids. The committee, the Senate, and the House of Representatives may provide for emergency procurement of supplies, materials, and equipment without competitive bids. The committee, the Senate, and the House of Representatives may provide for the emergency repair of equipment without competitive bids.
5. The committee shall contract with a licensed certified public accountant or certified public accounting firm to conduct annually in accordance with accepted accounting principles a financial audit of legislative funds and expenditures. Such audit shall detail the expenditures of the following offices of the legislative branch: Lieutenant Governor, Secretary of the Senate, Senate, Speaker of the House of Representatives, Clerk of the House of Representatives, House of Representatives, Office of Legislative Counsel, Office of Legislative Budget Analyst, and Office of Legislative Fiscal Officer.
6. The committee is authorized to contract with a licensed certified public accountant or certified public accounting firm to perform a management audit of the financial practices and operations of the legislative branch of government and, if the committee deems it advisable, to conduct a performance audit of one or more of the legislative offices listed in subsection (e) of this Code section.
7. A copy of the minutes of the meetings of the committee and of the audits provided for in this Code section shall be made available for public inspection in the office of the Speaker of the House of Representatives, in the office of the President of the Senate, in the office of the Clerk of the House of Representatives, and in the office of the Secretary of the Senate. Upon the request of a member of the General Assembly, a copy of the minutes of a meeting of the committee shall be sent to such member.
8. The committee is authorized to provide for such other procedures as it deems advisable for the purpose of carrying out this Code section.

   (Ga. L. 1959, p. 152, § 2; Ga. L. 1964, p. 459, § 1; Ga. L. 1976, p. 176, § 2; Ga. L. 1984, p. 359, §§ 3, 4; Ga. L. 1985, p. 669, § 1; Ga. L. 1987, p. 1046, §§ 1, 2.)

Cross references. - Authority of Governor with regard to assignment of space in state capitol, § 50-16-61 .

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1988, the spelling of "audit" was corrected near the end of subsection (f).

28-4-3. Office of Legislative Counsel; creation; qualifications; powers and duties.

1. There is created the Office of Legislative Counsel. The legislative counsel shall be an attorney skilled and experienced in legislative matters and bill drafting.
2. It shall be the duty of the legislative counsel to:
   1. Provide bill-drafting services which shall be equally available to every member of the General Assembly; and
   2. Advise and counsel members of the General Assembly on legislative matters.
3. The legislative counsel is authorized to:
   1. Provide for statutory and Code revision, render opinions, assist standing and interim committees, and perform similar legislative functions;
   2. Perform research, issue reports, and make recommendations as a result thereof;
   3. Exchange information, data, and material with similar agencies in other states;
   4. Provide legal services for the legislative branch of government and, with the approval of the committee or the chairman, to represent the interests of the legislative branch in matters involving litigation; and
   5. With the approval of the committee, provide for advisory committees relative to statutory and Code revision. He or she is authorized to seek the advice and assistance of the State Bar of Georgia, law schools, and individuals and organizations knowledgeable in this field.
4. Any other provisions of law to the contrary notwithstanding, he or she is authorized to engage the services of others, including private counsel, by contract or otherwise, to assist him or her in the performance of his or her duties and is authorized to provide for the payment of fees, compensation, and expenses therefor from legislative funds.
5. The legislative counsel shall provide for the compiling, indexing, editing, and publication of the Georgia Laws containing the Acts and resolutions of the General Assembly and other appropriate materials. Except as otherwise authorized in Code Section 50-18-2, such Acts and resolutions shall be published in hardbound volumes suitable for retention as permanent records. In the case of any special session of the General Assembly, however, the separate publication and distribution of the Acts and resolutions enacted at that special session may be omitted, and in such case the Acts and resolutions enacted at the special session shall be published and distributed together with those enacted at the subsequent regular session. Distribution of the Georgia Laws shall be carried out by the Secretary of State as provided for in Code Section 45-13-22; and the Secretary of State shall notify the legislative counsel of the numbers of volumes required to carry out such distribution.
6. The legislative counsel shall have such other authority and duties as the committee may provide.

   (Ga. L. 1959, p. 152, § 3; Ga. L. 1965, p. 270, § 1; Ga. L. 1966, p. 586, § 1; Ga. L. 1969, p. 635, § 1; Ga. L. 1976, p. 176, §§ 3, 5; Ga. L. 1988, p. 7, § 1; Ga. L. 1990, p. 782, § 1; Ga. L. 1993, p. 91, § 28; Ga. L. 2010, p. 838, § 1/SB 388; Ga. L. 2017, p. 774, § 28/HB 323.)

The 2017 amendment, effective May 9, 2017, part of an Act to revise, modernize, and correct the Code, substituted "He or she" for "He" in paragraph (c)(5); and in subsection (d), substituted "he or she" for "he", substituted "him or her" for "him", and substituted "his or her" for "his".

Cross references. - Grounds for continuance of case for legislative staff serving as lead counsel, § 9-10-150 .

Duties of legislative counsel with regard to summary of general amendments to Constitution of Georgia, § 21-2-4 .

Service as staff for Code Revision Commission, § 28-9-4 .

Law reviews. - For discussion of history, staffing, procedures, and duties of the Office of Legislative Counsel, see 23 Ga. St. B.J. 114 (1987).

28-4-3.1. Confidentiality of communications between Office of Legislative Counsel and certain persons.

Communications between the Office of Legislative Counsel and the following persons shall be privileged and confidential: members of the General Assembly, the Lieutenant Governor, and persons acting on behalf of such public officers; and such communications, and records and work product relating to such communications, shall not be subject to inspection or disclosure under Article 4 of Chapter 18 of Title 50 or any other law or under judicial process; provided, however, that this privilege shall not apply where it is waived by the affected public officer or officers. The privilege established under this Code section is in addition to any other constitutional, statutory, or common law privilege.

(Code 1981, § 50-18-75 , enacted by Ga. L. 1988, p. 243, § 5; Ga. L. 2012, p. 218, § 2/HB 397; Code 1981, § 28-4-3.1 , as redesignated by Ga. L. 2017, p. 774, § 50/HB 323.)

The 2017 amendment, effective May 9, 2017, part of an Act to revise, modernize, and correct the Code, redesignated former Code Section 50-18-75 as present Code Section 28-4-3.1 and substituted "Article 4 of Chapter 18 of Title 50" for "this article" in the middle of the first sentence.

Editor's notes. - Ga. L. 2017, p. 774, § 50(5)/HB 323, redesignated former Code Section 50-18-75 as present Code Section 28-4-3.1.

28-4-4. Election of legislative counsel.

The Legislative Services Committee shall elect the legislative counsel and a majority vote of the total membership of the committee shall be necessary for such election.

(Ga. L. 1959, p. 152, § 4; Ga. L. 1965, p. 270, § 2; Ga. L. 1987, p. 360, § 1.)

28-4-5. Attorney General to serve as advisor to legislative counsel.

The Attorney General shall serve as an advisor to the legislative counsel.

(Ga. L. 1959, p. 152, § 10.)

28-4-6. Employment, powers, and duties of legislative fiscal officer.

1. The Legislative Services Committee is authorized to employ a legislative fiscal officer for the legislative branch of government. The fiscal officer shall act as the bookkeeper-comptroller for the legislative branch of government and shall maintain an account of legislative expenditures and commitments. Such fiscal officer shall maintain an inventory of the equipment, furnishings, and nonexpendable items belonging to the legislative branch. Such fiscal officer shall prepare and sign vouchers pertaining to the expenditure of legislative funds. Such fiscal officer shall prepare and sign all warrants for the expenditure of funds appropriated to and available to the legislative branch of government. Such warrants shall be paid by the fiscal officer, and it shall not be necessary that they be countersigned by the comptroller general. All payments from funds appropriated to the legislative branch of government shall be made by the fiscal officer, and reference in any other law to any other official or person in connection with any duties pertaining to such payments shall be deemed to refer to the fiscal officer; all duties of any such other official or person in connection therewith are transferred to the fiscal officer. The fiscal officer shall be under such bond as the Legislative Services Committee shall prescribe, and the premium thereon shall be paid from funds appropriated to the legislative branch of government. The fiscal officer shall have such other duties as shall be prescribed by the committee.
2. The legislative fiscal officer is authorized on behalf of the legislative branch to pay any properly authorized invoice which does not exceed $5,000.00. Any invoice which exceeds $5,000.00 may not be paid by such fiscal officer without prior approval from the committee. The committee may provide for such approval to be given at meetings of the committee, or in writing between meetings by a majority of the members of the committee, or in such other manner as the committee may establish. All invoices shall contain in detail a description of the work performed, materials used or purchased, and any other information pertinent to the obligation. Before the fiscal officer may pay any invoice, a requisition or purchase order covering such invoice and signed by the person or persons authorized by the Legislative Services Committee to do so plus evidence of delivery must have been submitted to the fiscal officer. A list of all invoices which have been paid shall be submitted by the fiscal officer to the committee on a monthly basis.
3. A majority vote of the total membership of the Legislative Services Committee shall be necessary to employ the legislative fiscal officer.

   (Ga. L. 1959, p. 152, § 5; Ga. L. 1961, p. 230, § 1; Ga. L. 1969, p. 232, § 1; Ga. L. 1971, p. 67, § 1; Ga. L. 1976, p. 176, § 4; Ga. L. 1984, p. 359, §§ 5, 6; Ga. L. 1990, p. 366, § 2; Ga. L. 2008, p. VO1, § 1-12/HB 529; Ga. L. 2013, p. 141, § 28/HB 79.)

28-4-7. Personnel to assist legislative counsel and legislative fiscal officer; offices and supplies.

The Office of Legislative Counsel and the Office of Legislative Fiscal Officer shall be under the budgetary control of the Legislative Services Committee. The committee shall provide procedures for the employment of personnel to assist the legislative counsel and the legislative fiscal officer; and those two officials and such personnel shall be compensated under such procedure as the committee shall provide. The two officials shall have supervision of personnel in their offices relative to the duties of their employment. The committee shall provide office space for the offices and furnish them with supplies, materials, furniture, furnishings, books, equipment, and services.

(Ga. L. 1959, p. 152, § 5; Ga. L. 1976, p. 176, § 4; Ga. L. 1984, p. 359, § 7; Ga. L. 2008, p. VO1, § 1-13/HB 529.)

28-4-8. Merit system for and retirement for personnel; payment of contributions.

Reserved. Repealed by Ga. L. 1985, p. 675, § 1, effective April 1, 1985.

Editor's notes. - This Code section was based on Ga. L. 1959, p. 152, § 6, and Ga. L. 1981, Ex. Sess., p. 8.

28-4-9. Source of funds for operation of chapter.

The funds necessary to carry out this chapter shall be paid from the funds provided for the legislative branch of government.

(Ga. L. 1959, p. 152, § 8; Ga. L. 1976, p. 176, § 6.)

28-5-1. Introduction of bills changing compensation for state officials.

Any bill making a change in the amount of the compensation or allowances of any elected or appointed state official or department or agency head must be introduced in the General Assembly during the first ten days of any session thereof. Any such bill introduced after the tenth day of any session shall not be considered or acted upon in any manner by either the Senate or the House of Representatives.

(Ga. L. 1968, p. 1212, § 1.)

28-5-2. Fiscal notes for bills changing compensation.

1. The chairman of any committee of either house of the General Assembly shall request the state auditor to prepare and furnish a fiscal note for each bill referred to such committee which would change the compensation or allowances of any elected or appointed state official, officer, or department or agency head. This Code section shall apply only if such compensation or allowances are to be paid either wholly or in part from state funds.
2. It shall be the duty of the state auditor to compile and furnish such fiscal notes as may be requested by the chairman of any committee of either house of the General Assembly. Such fiscal notes shall contain a statement of the present compensation and allowances of the official, officer, or department or agency head, any present longevity increments, and any personal expense allowances, other than mileage and travel expenses, and shall contain a statement of the proposed increase or change in such compensation, allowances, or increments, with the total cost of such changes. Such fiscal notes shall be printed by the Clerk of the House of Representatives or the Secretary of the Senate and shall be distributed to members of the General Assembly prior to a vote being taken on such bill in either house of the General Assembly.

   (Ga. L. 1975, p. 770, § 1.)

28-5-3. Recording of votes on bills or resolutions fixing compensation or allowances of officials.

The "ayes" and "nays" shall be recorded upon each and every vote taken by each house of the General Assembly on any bill or resolution fixing the compensation or allowances of any official except county and municipal officials.

(Ga. L. 1974, p. 476, § 1.)

Cross references. - Manner of enactment of laws by General Assembly, Ga. Const. 1983, Art. III, Sec. IV, Para. X and Ga. Const. 1983, Art. III, Sec. V.

28-5-4. Consideration of general appropriations bill.

The general appropriations bill shall be referred by the Speaker to the Appropriations Committee of the House of Representatives. In the event such bill is reported out of the Appropriations Committee as "do pass by substitute" or "do pass as amended," neither the committee of the whole nor the House of Representatives shall consider the bill until at least 24 hours after the substitute or the amendments, as the case may be, have been printed and placed on the desk of each member.

(Ga. L. 1969, p. 680, § 1.)

28-5-5. Budgetary Responsibility Oversight Committee; members; duties; other entities to cooperate with committee; annual report; allowances; performance audits.

Reserved. Repealed by Ga. L. 2008, p. VO1, § 2-1, effective January 28, 2008.

Editor's notes. - This Code section was based on Code 1981, § 28-5-5 , enacted by Ga. L. 1993, p. 1914, § 18; Ga. L. 1994, p. 97, § 28; Ga. L. 1995, p. 923, § 1; Ga. L. 2005, p. 1036, § 22/SB 49.

Ga. L. 2008, p. 324, § 28, effective May 12, 2008, added the "Reserved" designation.

28-5-6. Powers, duties, and responsibilities of the Senate Budget and Evaluation Office and the House Budget and Research Office.

1. The Senate is authorized to establish and provide for a Senate Budget and Evaluation Office. The House of Representatives is authorized to establish and provide for a House Budget and Research Office.
2. The director of the Senate Budget and Evaluation Office is authorized to request information and material from all state departments, boards, bureaus, commissions, committees, authorities, and agencies in connection with his or her duties; and all such departments, boards, bureaus, commissions, committees, authorities, and agencies are directed to furnish such information and material as the director shall request.
3. The director of the House Budget and Research Office is authorized to request information and material from all state departments, boards, bureaus, commissions, committees, authorities, and agencies in connection with his or her duties; and all such departments, boards, bureaus, commissions, committees, authorities, and agencies are directed to furnish such information and material as the director shall request. All information and material received by the House Budget and Research Office under this subsection shall be made available to the chairpersons of the House Committee on Appropriations, the House Committee on Budget and Fiscal Affairs Oversight, and other officers of the House of Representatives as may be designated by the Speaker of the House of Representatives; and upon direction by such chairpersons and such other officers of the House as may be designated by the Speaker of the House of Representatives, the House Budget and Research Office shall request any needed information and material from any state department, board, bureau, commission, committee, authority, or agency. (Code 1981, § 28-5-6 , enacted by Ga. L. 2008, p. VO1, § 1-14/HB 529; Ga. L. 2014, p. 866, § 28/SB 340.)

28-5-20. Creation.

There are created a Fiscal Affairs Subcommittee of the Senate and a Fiscal Affairs Subcommittee of the House of Representatives.

(Ga. L. 1966, p. 293, § 1; Ga. L. 1967, p. 722, § 1.)

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1986, "are" was substituted for "is".

28-5-21. Selection and term of service of members.

1. The Fiscal Affairs Subcommittee of the Senate shall be composed of:
   1. Four incumbent members of the Senate Appropriations Committee who were reelected, to be selected by the President-Elect of the Senate, if there be one, or if not, by the President of the Senate;
   2. Five incumbent members of the Senate who were reelected, to be selected by the Governor; and
   3. The Lieutenant Governor-Elect, if there be one, or if not, the Lieutenant Governor.
2. The Fiscal Affairs Subcommittee of the House of Representatives shall be composed of:
   1. Four incumbent members of the House Appropriations Committee who were reelected, to be selected by the Speaker-of-the-House-Nominate (that is, the member of the House who has been nominated Speaker in the caucus of the political party having a majority of the members elected to the House of Representatives in the general election);
   2. Five incumbent members of the House who were reelected, to be selected by the Governor; and
   3. The Speaker-of-the-House-Nominate, as defined in paragraph (1) of this subsection.
3. The members of each of these subcommittees shall be selected within 30 days after each general election for members of the General Assembly.
4. Each such subcommittee shall serve until the successor subcommittee is composed and appointed after each successive general election for members of the General Assembly.

   (Ga. L. 1967, p. 722, § 2.)

28-5-22. Meetings generally.

The Fiscal Affairs Subcommittee of the Senate shall meet from time to time at the call of the President of the Senate or the chairman of the Senate subcommittee; and the Fiscal Affairs Subcommittee of the House shall meet from time to time at the call of the Speaker of the House of Representatives or the chairman of the House subcommittee. Such subcommittees may meet jointly at the call of the Lieutenant Governor and the Speaker or of the respective subcommittee chairmen.

(Ga. L. 1967, p. 722, § 3.)

28-5-23. Review of budget requests.

The fiscal affairs subcommittee of each house shall have the authority to review the budget requests of the various departments, bureaus, boards, commissions, institutions, and other state agencies at any time; and the Office of Planning and Budget, the state auditor, and each such department, bureau, board, commission, institute, and other state agency shall promptly furnish to such subcommittees, or either of them, all information requested by them, or by either of them.

(Ga. L. 1967, p. 722, § 4.)

28-5-24. Annual report to General Assembly.

The fiscal affairs subcommittees of the Senate and the House jointly shall make an annual report to the General Assembly of matters coming to their attention, together with such recommendations to improve the efficiency in the operation and management of the various departments, boards, bureaus, commissions, institutions, and other agencies of state government as they see fit. The subcommittees shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the annual report in the manner which they deem to be most effective and efficient.

(Ga. L. 1967, p. 722, § 5; Ga. L. 2005, p. 1036, § 23/SB 49.)

Code Commission notes. - Pursuant to Code Section 28-9-5, in 2005, "they deem" was substituted for "it deems" near the end of the second sentence in this Code section.

28-5-25. Joint meetings to review and approve budget unit object class transfers; limitations upon transfers.

The fiscal affairs subcommittees shall meet jointly as one committee at least once each quarter, or more often, at the call of the Governor, for the purpose of reviewing and approving budget unit object class transfers recommended by the Governor. Such transfers shall not be made without the approval of at least 11 members of such subcommittees sitting jointly. No funds whatsoever shall be transferred for use in commencing any new program or activity which does not currently have an appropriation or which would require operating funds or capital outlay funds beyond the biennium in which such transfer is made.

(Ga. L. 1967, p. 722, § 6.)

28-5-25.1. Approval of leases.

1. No lease of property owned by a state authority shall become valid until and unless the lease is approved by the fiscal affairs subcommittees meeting jointly at the call of the Governor if such lease is a lease of land for the acquisition of which state funds were appropriated, directly or indirectly, by an appropriations Act which specified that such lease must be approved by the fiscal affairs subcommittees.
2. The approval of any such lease shall require the affirmative votes of at least 11 members of such subcommittees meeting jointly. (Code 1981, § 28-5-25.1 , enacted by Ga. L. 1988, p. 1865, § 1.)

28-5-26. Allowances for members.

For all meetings of the subcommittees held when the General Assembly is not in session, the members of the subcommittees shall receive the expense, mileage, and travel allowances authorized by law for legislative members of interim legislative committees. The funds necessary to carry out this article shall come from funds appropriated to and available to the legislative branch of the government.

(Ga. L. 1967, p. 722, § 8.)

28-5-27. Applicability of article to authority of Office of Planning and Budget.

This article shall not be construed to supersede or supplement the authority of the Office of Planning and Budget as set forth in Code Section 45-12-90.

(Ga. L. 1967, p. 722, § 7.)

28-5-40. Short title.

This article shall be known and may be cited as the "Georgia Fiscal Note Act."

(Ga. L. 1975, p. 1568, § 1.)

Law reviews. - For article, "Revenue and Taxation: Amend Titles 48, 2, 28, 33, 36, 46, and 50 of the Official Code of Georgia Annotated, Relating Respectively, to Revenue and Taxation, Agriculture, the General Assembly, Insurance, Local Government, Public Utilities, and State Government," see 28 Ga. St. U.L. Rev. 217 (2011).

28-5-41. "Retirement bill" defined.

Reserved. Repealed by Ga. L. 1985, p. 1331, § 1, effective April 10, 1985.

Editor's notes. - This Code section was based on Ga. L. 1975, p. 1568, § 2, and Ga. L. 1981, Ex. Sess., p. 8.

28-5-42. Introduction of bills having significant impact upon anticipated revenues or expenditures; furnishing of fiscal notes.

1. 1. Any bill having a significant impact on the anticipated revenue or expenditure level of any state department, bureau, board, council, committee, commission, or other state agency must be introduced no later than the twentieth day of any session. The sponsor of such legislation must request a fiscal note from the Office of Planning and Budget and the Department of Audits and Accounts by November 1 of the year preceding the annual convening of the General Assembly in which the bill is to be introduced, but subsequent to the preparation of such bill by the Office of Legislative Counsel. With respect to a member-elect of the General Assembly, such person must request a fiscal note from the Office of Planning and Budget and the Department of Audits and Accounts by December 1 of the year preceding the annual convening of the General Assembly in which the bill is to be introduced, but subsequent to the preparation of such bill by the Office of Legislative Counsel. The director of the Office of Planning and Budget and the state auditor shall prepare and submit the fiscal note not later than the day of convening of the General Assembly.
   2. The failure to request a fiscal note by November 1 as provided in paragraph (1) of this subsection shall preclude consideration of the measure by the Senate or the House of Representatives unless the committee to which a bill is assigned in the chamber in which it is introduced:
      1. 1. Determines that such bill will have a significant impact as described in paragraph (1) of this subsection;
         2. Waives the applicable November 1 or December 1 deadline of paragraph (1) of this subsection;
         3. Requests a fiscal note from the director of the Office of Planning and Budget and the state auditor, except as otherwise provided in subsection (e) of this Code section; and
         4. Among fiscal notes so requested, the chairperson of such committee suggests a preferred order of completion to guide the director of the Office of Planning and Budget and the state auditor; or
      2. Determines that such bill will not have a significant impact as described in paragraph (1) of this subsection.
   3. Any such determination or waiver shall be by the affirmative vote of a majority of the members of the committee, on a specific motion for waiver, and shall allow consideration of the measure by both chambers so long as the bill has been introduced not later than the twentieth day of any session.
   4. Any general bill having a significant impact on the anticipated revenue or expenditure level of counties and municipalities must be introduced no later than the twentieth day of any session.
   5. This article shall not apply to any local bill affecting a county or municipality which must be advertised in accordance with the requirements of Code Section 28-1-14, relating to the advertisement of local legislation.
2. In the event any bill having a significant impact as described in paragraph (1) of subsection (a) of this Code section is introduced after the twentieth day of any session, it shall not be considered or acted upon in any manner by either the Senate or the House of Representatives. The President of the Senate shall decide whether a bill which is introduced in the Senate falls within this category; and the Speaker of the House of Representatives shall decide whether a bill which is introduced in the House of Representatives falls within this category. The President of the Senate shall have the same right of decision on House bills which reach the Senate; and the Speaker of the House of Representatives shall have the same right of decision on Senate bills which reach the House of Representatives.
3. 1. In the event a bill having a significant impact as described in paragraph (1) of subsection (a) of this Code section is introduced not later than the twentieth day of any session, the chairperson of the committee to which such bill is referred shall request the director of the Office of Planning and Budget and the state auditor to submit any such fiscal note as to the fiscal effect of any such bill and to file a copy of such fiscal note with the Senate Budget and Evaluation Office and the House Budget and Research Office. The chairperson shall make such request after the bill is referred to the committee.
   2. The chairperson shall not be required to make such request with respect to any bill for which:
      1. A fiscal note has been requested by the sponsor of the bill pursuant to paragraph (1) of subsection (a) of this Code section and the chairperson has been duly notified in writing of such request by such sponsor; or
      2. The director of the Office of Planning and Budget and the state auditor have previously submitted a fiscal note pursuant to a request under paragraph (1) of subsection (a) of this Code section.
4. In the event a determination is made under subparagraph (a)(2)(B) of this Code section that a bill will not have a significant impact, if the director of the Office of Planning and Budget or the state auditor has information or knowledge that any bill will have a significant impact as described in paragraph (1) of subsection (a) of this Code section, a fiscal note may be prepared according to the criteria outlined in subsection (g) of this Code section. Such a fiscal note may be prepared without a request by the bill's author or the committees to which it is assigned in either chamber. Any fiscal note prepared according to this subsection shall be distributed consistent with Code Section 28-5-44.
5. During any regular session of the General Assembly, the director of the Office of Planning and Budget and the state auditor shall prepare and submit the fiscal note within five days after receipt of the request or within ten days if the director of the Office of Planning and Budget and the state auditor have made a formal request for extension of time.
6. The principal administrative and fiscal officers of all departments, boards, councils, committees, commissions, and other agencies of the state government and, when applicable, of counties, municipalities, and other political subdivisions are authorized and directed to cooperate fully with the director of the Office of Planning and Budget and the state auditor in providing any information and assistance necessary in the preparation of fiscal notes pursuant to this Code section.
7. 1. The fiscal note required by this Code section shall include a reliable estimate in dollars of the anticipated change in revenue or expenditures under the provisions of the bill. It shall also include a statement as to the immediate effect and, if determinable or reasonably foreseeable, the long-range effect of the measure. If, after careful investigation, it is determined that no dollar estimate is possible, the fiscal note shall contain a statement to that effect, setting forth the reasons why no dollar estimate can be given. In this event, the fiscal note shall contain an example based on a specific situation or reflecting the average group of persons possibly affected by the bill so as to provide an indication of the cost of such bill to the General Assembly. Assumptions used to develop these averages shall be noted in the fiscal note and the criteria included herein shall constitute a fiscal note. No comment or opinion regarding the merits of the measure for which the statement is prepared shall be included in the fiscal note; however, technical or mechanical defects may be noted. The state auditor and the director of the Office of Planning and Budget shall jointly prepare their fiscal note; and, if there is a difference of opinion between such officials, it shall be noted in the fiscal note. In the event the director of the Office of Planning and Budget and the state auditor concur that the fiscal note on any such bill cannot be prepared within the five-day limitation in effect during any regular session of the General Assembly, they shall so inform the chairperson in writing and shall be allowed to submit said note not later than ten days after the request for it is made.
   2. For fiscal note requests for a bill having a significant impact on the anticipated revenue or expenditure level of the Department of Education which would create a new program or funding category, the fiscal note shall include a ten-year projection of the costs of such new program or funding category.

      (Ga. L. 1975, p. 1568, § 3; Ga. L. 1976, p. 533, § 1; Ga. L. 1978, p. 907, § 1; Ga. L. 1981, p. 1809, § 11; Ga. L. 1982, p. 1116, § 1; Ga. L. 1983, p. 3, § 54; Ga. L. 1985, p. 1331, §§ 2, 3; Ga. L. 1993, p. 1914, § 19; Ga. L. 1994, p. 97, § 28; Ga. L. 1994, p. 1633, § 1; Ga. L. 1999, p. 761, § 1; Ga. L. 2008, p. VO1, § 1-15/HB 529; Ga. L. 2012, p. 859, § 1/HB 1178; Ga. L. 2014, p. 866, § 28/SB 340.)

Cross references. - Fiscal note for fiscal impact on local political subdivisions, § 28-5-49 . Fiscal note for bills impacting employees' health insurance plans, § 45-18-20 .

Editor's notes. - Ga. L. 1993, p. 1914, § 1, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Budget Accountability and Planning Act of 1993'. "

28-5-43. Preparation of actuarial investigations for inclusion in fiscal notes.

Reserved. Repealed by Ga. L. 1985, p. 1331, § 4, effective April 10, 1985.

Editor's notes. - This Code section was based on Ga. L. 1975, p. 1568, § 4 and Ga. L. 1982, p. 1116, § 2, and Ga. L. 1981, Ex. Sess., p. 8.

28-5-44. Attachment of fiscal notes to bills; reading of notes at third reading of bills; distribution of notes relating to bills prior to final votes thereon.

The fiscal notes required by this article shall be attached to the bill by the chairman of the committee to which the bill was referred and shall be read to the members of each respective house of the General Assembly at the third reading of the bill. In addition, a copy of each fiscal note required by this article shall be distributed to each member of the respective house of the General Assembly before which the bill is pending prior to any such bill being voted upon by such house of the General Assembly.

(Ga. L. 1975, p. 1568, § 5.)

28-5-47. Short title.

This article shall be known and may be cited as the "State and Local Government Partnership Act of 1995."

(Ga. L. 1981, p. 1809, § 1; Ga. L. 1995, p. 1189, § .5.)

28-5-47.1. Legislative intent and purpose.

It is the intent and purpose of the General Assembly in enacting this article:

1. To strengthen the partnership between the State of Georgia and local political subdivisions;
2. To assist the General Assembly in its consideration of proposed legislation and new and revised state programs containing fiscal requirements affecting local political subdivisions by:
   1. Requiring the provision of accurate estimates of the fiscal impact upon local political subdivisions of proposed legislation and new and revised state programs; and
   2. Establishing a mechanism to bring such information to the attention of the members of the General Assembly before the House of Representatives or Senate, respectively, votes on proposed legislation;
3. To promote informed and deliberate decisions by the General Assembly on the appropriateness of proposed fiscal impact legislation in any particular instances;
4. To improve the quality of state regulations affecting local political subdivisions and the process by which those regulations are developed by:
   1. Providing that state agencies consult with elected and other officials of local political subdivisions; and
   2. Requiring that state agencies prepare accurate estimates of the budgetary impact of state regulatory mandates upon local political subdivisions before adopting such regulations. (Code 1981, § 28-5-47.1 , enacted by Ga. L. 1995, p. 1189, § .5.)

28-5-48. Definitions.

As used in this article, the term:

1. "Commissioner" means the commissioner of community affairs.
2. "Department" means the Department of Community Affairs.
3. "Fiscal note" means a realistic statement of the estimated financial cost of implementing or complying with the proposed law, regulation, rule, order, or administrative law upon local political subdivisions to which the proposed law, regulation, rule, order, or administrative law applies.
4. "Local political subdivision" means a county, municipality, county school district, or independent school district.

   (Ga. L. 1981, p. 1809, § 2; Ga. L. 1995, p. 1189, § .5.)

28-5-48.1. Applicability to proposed laws for which full funding to affected localities has been appropriated.

This article shall not apply to any proposed bill, resolution, regulation, rule, order, or administrative law for which an appropriation, in an amount sufficient to fund the full cost of the proposal, has been made to affected local political subdivisions.

(Code 1981, § 28-5-48.1 , enacted by Ga. L. 1995, p. 1189, § .5.)

28-5-49. Analysis of costs of proposed bills and joint resolutions to affected localities; filing of fiscal notes; requests by representatives of local political subdivisions for copies; waiver of requirements.

1. The department shall conduct any analysis to determine the cost of implementation or compliance for all bills and joint resolutions introduced in the General Assembly which have a fiscal impact on local political subdivisions. Before any vote is taken in a committee of the House of Representatives or Senate or on the floor of either house upon any bill or joint resolution determined by the department to require an expenditure which in the aggregate exceeds $5 million of public funds by local political subdivisions, a fiscal note shall be attached to such bill or resolution and shall be filed by the sponsor of the bill with the chairperson of the committee and the Clerk of the House of Representatives or the Secretary of the Senate and shall be provided to all members of the General Assembly. Any representative of any local political subdivision requesting a copy of the fiscal note shall be furnished with a copy immediately upon request to the Clerk of the House of Representatives or the Secretary of the Senate. This Code section shall not apply to a bill or joint resolution that is necessary for the state to assume the administration of regulatory programs mandated by federal statute.
2. The requirements of this Code section may be waived by the committee to which the bill is assigned in the chamber wherein the bill is introduced. Any such waiver shall be by the affirmative vote of a majority of the members of the committee. Any such waiver by the committee shall allow consideration of the measure by both chambers.
3. The requirements of this Code section may be waived:
   1. By a majority vote of the House of Representatives or by the Speaker of the House with respect to a bill introduced in the House of Representatives; or
   2. By majority vote of the Senate or by the President of the Senate with respect to a bill introduced in the Senate.

      Any such waiver shall allow consideration of the measure by both the House of Representatives and the Senate.

      (Ga. L. 1981, p. 1809, § 3; Ga. L. 1995, p. 1189, § .5; Ga. L. 1996, p. 6, § 28.)

28-5-50. Filing of notes for regulations, rules, or orders; requests by local political subdivisions for copies.

Except as otherwise provided in this Code section, no regulation, rule, order, or administrative law which would have a fiscal impact which in the aggregate exceeds $5 million on local political subdivisions in this state shall be valid unless 30 days prior to its adoption by a board, commission, agency, department, officer, or other authority of the government of this state, except the General Assembly, the courts, and the Governor, such board, commission, agency, department, officer, or other authority shall file a fiscal note with the members of the General Assembly. Any local political subdivisions that will be affected by the proposed regulation, rule, policy, order, or administrative law, upon request, shall immediately be furnished with a copy of the fiscal note by the board, commission, agency, department, officer, or other authority. This Code section shall not apply to an emergency regulation, rule, order, or administrative law as described by subsection (b) of Code Section 50-13-4, to any rule or regulation adopted or order issued pursuant to legislation exempted from Code Section 28-5-49, or to any other order issued to abate or prevent violations of specific statutory provisions enacted by the General Assembly.

(Ga. L. 1981, p. 1809, § 4; Ga. L. 1995, p. 1189, § .5.)

Law reviews. - For article surveying developments in Georgia local government law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 187 (1981).

28-5-51. Contents of fiscal note.

A fiscal note shall contain an aggregated estimate of the fiscal impact of a bill, a joint resolution, or an administrative action on local political subdivisions for the fiscal year in which it would become effective, if enacted, and for the next two succeeding fiscal years. If the fiscal impact of the bill, joint resolution, or administrative action is not expected to be totally evident within the applicable period, the estimate shall be projected beyond that period to include an estimate for the first fiscal year in which it is expected to be fully effective.

(Ga. L. 1981, p. 1809, § 5; Ga. L. 1995, p. 1189, § .5.)

28-5-52. Assistance of other departments and agencies in the preparation of fiscal notes for bills and joint resolutions; required names and signatures.

The other departments or agencies of the state government shall assist the department in the preparation of fiscal notes required by this article. Where appropriate, the commissioner shall seek the advice and assistance of local government officials or their representatives. The departments or agencies of state government assisting in the preparation of the fiscal note shall be clearly indicated on the fiscal note along with the signature of the commissioner or the commissioner's authorized representative indicating that the commissioner agrees with the fiscal impact estimated thereon.

(Ga. L. 1981, p. 1809, § 6; Ga. L. 1995, p. 1189, § .5.)

28-5-53. Revision of fiscal note where fiscal effect of bill or joint resolution changed by amendment; waiver of such revision; processing of revised fiscal note.

1. A fiscal note that is attached to a bill or joint resolution shall be revised by the commissioner at each successive stage of the legislative process in which an amendment is adopted that changes the fiscal effect of the bill or joint resolution, unless this requirement is waived by the President of the Senate, by a majority vote of the Senate, by the Speaker of the House of Representatives, or by a majority vote of the House of Representatives. A revised fiscal note shall not be required for any amendment which either increases local revenues or decreases mandated expenditures.
2. The revised fiscal note shall be processed by the commissioner and returned as quickly as possible to the committee or the Clerk of the House of Representatives or Secretary of the Senate if either the Clerk or the Secretary has the custody of the bill or joint resolution at that time.
3. Except as otherwise provided by subsections (a) and (b) of this Code section, a waiver of a fiscal note shall be replaced at any time with a fiscal note if an amendment to a bill or joint resolution causes the bill or joint resolution to have an effect upon the revenues or expenditures of local political subdivisions.

   (Ga. L. 1981, p. 1809, §§ 7, 8; Ga. L. 1995, p. 1189, § .5.)

28-5-54. Preservation of copies of fiscal notes and waivers; availability for public inspection; publication in journals for each house of the General Assembly.

1. A copy of each fiscal note or waiver of a fiscal note shall be retained by the commissioner and shall be reasonably available for public inspection for at least three years following its preparation. The fiscal note or waiver of a fiscal note shall be published in the journal of each house of the General Assembly.
2. A fiscal note, upon being filed as provided in this article, shall be open to inspection by the general public as provided by Code Sections 50-18-70 through 50-18-72.

   (Ga. L. 1981, p. 1809, § 9; Ga. L. 1995, p. 1189, § .5.)

Law reviews. - For article surveying developments in Georgia local government law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 187 (1981).

28-5-55. Exemptions from this article.

Reserved. Repealed by Ga. L. 1995, p. 1189, § .5, effective April 21, 1995.

Editor's notes. - This Code section was based on Ga. L. 1981, p. 1809, § 10; Ga. L. 1993, p. 91, § 28.

28-5-56. Presumption as to compliance with this article.

Nothing in this article shall be construed to require any degree of formality of proof of compliance with any requirement of this article, and any enrolled bill shall be conclusively presumed to have been enacted in compliance with the requirements of this article.

(Ga. L. 1981, p. 1809, § 12; Ga. L. 1995, p. 1189, § .5.)

28-5-60. Creation; membership; representation of members by deputies or other designated employees.

1. There is created the Claims Advisory Board, hereinafter called the board, to be composed of the Secretary of State, who shall be the chairman, the commissioner of human services, the commissioner of corrections, and the commissioner of transportation. Whenever the board takes any official action authorized under the law or duly promulgated rules and regulations, three of the members shall constitute a quorum; however, any of those individuals named above may be represented by a deputy or other designated employee; and any such action shall be valid if any two of the remaining three individuals are present during such action.
2. The Claims Advisory Board is assigned to the Secretary of State for administrative purposes only as prescribed in Code Section 50-4-3.

   (Ga. L. 1963, p. 624, § 1; Ga. L. 1972, p. 1015, § 1805; Ga. L. 1979, p. 797, § 1; Ga. L. 1986, p. 155, § 1; Ga. L. 2009, p. 453, § 2-4/HB 228.)

Cross references. - Insuring and indemnification of public officers and employees generally, § 45-9-1 et seq.

Law reviews. - For article, "Personal Liability of State Officials Under State and Federal Law," see 9 Ga. L. Rev. 821 (1975). For article discussing sovereign immunity and the state court of claims, see 14 Ga. St. B.J. 152 (1978). For article, "Tort Claims Against the State: Georgia's Compensation System," see 32 Ga. L. Rev. 1103 (1998). For note, "An Alternative to the Georgia Claims Advisory Board: State Tort Liability," see 2 Ga. L. Rev. 275 (1968).

28-5-60.1. "The state or any of its departments or agencies" defined.

As used in this article, the term "the state or any of its departments or agencies" includes any department, agency, bureau, or commission of state government but does not include state authorities or any county or municipal department, agency, bureau, commission, or authority.

(Code 1981, § 28-5-60.1 , as enacted by Ga. L. 1985, p. 900, § 1.)

28-5-61. Employment of secretarial, investigatorial, and other help.

The chairman of the board is authorized to provide secretarial and other help necessary to administer this article and is also authorized to employ independent investigators if deemed necessary or advisable to assist the board. Such help and investigators shall be paid from funds appropriated to the office of the Secretary of State for this specific purpose.

(Ga. L. 1963, p. 624, § 6.)

Law reviews. - For article, "Personal Liability of State Officials Under State and Federal Law," see 9 Ga. L. Rev. 821 (1975). For note, "An Alternative to the Georgia Claims Advisory Board: State Tort Liability," see 2 Ga. L. Rev. 275 (1968). For note discussing some limitations on governmental tort immunity, see 5 Ga. St. B.J. 494 (1969).

28-5-62. Unlawful compensation.

1. It shall be unlawful for any member of the Claims Advisory Board, any member of the General Assembly, or any state official or employee to receive any fee, money, gift, or any other thing of value, other than the regular compensation and allowances which he receives from state funds, in connection with any claim presented to the Claims Advisory Board.
2. Any person who violates any provision of this Code section shall be guilty of a misdemeanor.

   (Ga. L. 1965, p. 655, § 1.)

28-5-63. Statement attached to checks issued for payment of claims.

The check issued to any person, firm, association, or corporation as payment for any claim pursuant to this article shall have attached thereto the following statement:

"It shall be unlawful for any member of the Claims Advisory Board, any member of the General Assembly, or any state official or employee to receive any fee, money, gift, or any other thing of value, other than the regular compensation and allowances which he receives from state funds, in connection with any claim presented to the Claims Advisory Board."

(Ga. L. 1965, p. 655, § 2.)

Law reviews. - For article, "Personal Liability of State Officials Under State and Federal Law," see 9 Ga. L. Rev. 821 (1975). For note, "An Alternative to the Georgia Claims Advisory Board: State Tort Liability," see 2 Ga. L. Rev. 275 (1968). For note discussing some limitations on governmental tort immunity, see 5 Ga. St. B.J. 494 (1969).

28-5-80. Introduction of compensation resolutions; general requirements as to filing of notice of claim.

1. Any resolution relative to a claim against the state or any of its departments or agencies must be introduced in the House of Representatives. No such resolution may be introduced unless a notice of claim has been filed with the board on or before the fifteenth day of November immediately preceding the introduction of the resolution, if the event giving rise to a claim against the state occurred on or before the fifth day of November. If said event occurred subsequent to the fifth day of November, immediately preceding the introduction of the resolution a notice of claim shall be filed as provided for in this Code section within ten days after the occurrence of the event giving rise to the claim. No such resolution shall be introduced after the tenth day of any regular session.
2. The board shall provide forms to be used in filing a notice of claim and shall make them available for such purpose. When the notice is filed, the board shall inform the person filing the notice, in writing, of the information it will require in order to take action on the claim. Such information may include accident reports, affidavits, statements, bills, receipts, letters, documents, and any other supporting material or data deemed necessary by the board. All such information must be filed with the board prior to the introduction of the resolution.

   (Ga. L. 1963, p. 624, § 2; Ga. L. 1965, p. 653, § 1; Ga. L. 1974, p. 395, § 1; Ga. L. 1987, p. 3, § 28; Ga. L. 2000, p. 1243, § 1.)

Cross references. - Manner of enactment of laws by General Assembly, Ga. Const. 1983, Art. III, Sec. V.

Insuring and indemnification of public officers and employees generally, § 45-9-1 et seq.

Law reviews. - For article, "Personal Liability of State Officials Under State and Federal Law," see 9 Ga. L. Rev. 821 (1975). For article, "Tort Claims Against the State: Georgia's Compensation System," see 32 Ga. L. Rev. 1103 (1998). For note, "An Alternative to the Georgia Claims Advisory Board: State Tort Liability," see 2 Ga. L. Rev. 275 (1968).

28-5-81. Notice of possibility of claims to be filed by state departments and agencies; effect of filing of notice and of failure to file notice.

It shall be the duty of each state department and agency to file with the Claims Advisory Board a notice of possibility of claim covering any occurrence which would be the subject of a notice of claim as provided in Code Section 28-5-80. Such notice of possibility of claim shall be filed on forms provided by the Claims Advisory Board and furnished to each state department and agency upon request. It shall be the duty of each state department and agency to file a notice of possibility of claim within 30 days after the date of any such occurrence. If filed within the same time limitations provided relative to the filing of notices of claim as provided in Code Section 28-5-80, a notice of possibility of claim shall be sufficient for action to be taken thereon; and the fact that no notice of claim has been filed within the time provided shall not prevent the introduction of a resolution and action thereon as provided in this part.

(Ga. L. 1969, p. 824, § 1.)

Cross references. - Insuring and indemnification of public officers and employees generally, § 45-9-1 et seq.

Law reviews. - For article, "Personal Liability of State Officials Under State and Federal Law," see 9 Ga. L. Rev. 821 (1975).

28-5-82. Board hearings.

Any resolution authorized by Code Section 28-5-80 shall be referred by the Speaker of the House to the Appropriations Committee of the House; and the Clerk of the House shall transmit a certified copy of the resolution to the chairman of the Claims Advisory Board not later than the day after its referral to the appropriations committee. Upon receipt of such copy, the chairman, after consultation with the other members of the board, shall set a time for acting on the claim and shall set a date for a hearing if a hearing is deemed necessary. In the event a hearing is to be held, the Representative introducing the bill shall be notified of the date, time, and place thereof. Such other persons as the board deems necessary shall likewise be notified. The Representative introducing the resolution shall be notified as to the action taken by the board on the claim and the recommendation made by the board to the appropriations committee. In the event the Representative is dissatisfied with the recommendation of the board and no hearing has been held, he shall be entitled to have the board set a hearing by so requesting the chairman in writing.

(Ga. L. 1963, p. 624, § 3.)

Cross references. - Insuring and indemnification of public officers and employees generally, § 45-9-1 et seq.

Law reviews. - For article, "Personal Liability of State Officials Under State and Federal Law," see 9 Ga. L. Rev. 821 (1975). For note, "An Alternative to the Georgia Claims Advisory Board: State Tort Liability," see 2 Ga. L. Rev. 275 (1968).

28-5-83. Investigation of claims by board; advisory recommendations.

Upon receipt of a notice of claim, the board may begin its investigation thereof; or it may wait until the supporting information provided for in Code Section 28-5-80 has been furnished. After investigation of the claim by the board, after introduction of the resolution, and after a hearing thereon, if any, the board shall prepare a statement including its findings, its determination of the merits of the claim, its recommendation as to the payment thereof, and such other information as the board deems advisable. Such statement shall be immediately transmitted to the chairman of the House Appropriations Committee, who shall present the same to the full committee. The recommendations of the board shall be advisory in nature only and shall not be binding on the House of Representatives, the Senate, or any committee of either. The resolution shall be acted upon in the same manner as provided by law and the rules of the House and Senate for action upon bills.

(Ga. L. 1963, p. 624, § 4.)

Cross references. - Insuring and indemnification of public officers and employees generally, § 45-9-1 et seq.

Law reviews. - For article, "Personal Liability of State Officials Under State and Federal Law," see 9 Ga. L. Rev. 821 (1975). For note, "An Alternative to the Georgia Claims Advisory Board: State Tort Liability," see 2 Ga. L. Rev. 275 (1968). For note discussing some limitations on governmental tort immunity, see 5 Ga. St. B.J. 494 (1969).

28-5-84. Restrictions on passage of resolutions and board powers.

No resolution provided for in this part shall be passed without being presented to the board. The board is prohibited from considering any resolution unless notice of claim is filed within the time provided for in Code Section 28-5-80, unless the resolution is introduced within the time limitations specified in Code Section 28-5-80, and unless the information required by the board is filed within the time limitations specified in Code Section 28-5-80. The board shall make no recommendations after the fifteenth day of any regular session.

(Ga. L. 1963, p. 624, § 5; Ga. L. 1965, p. 653, § 2; Ga. L. 1974, p. 395, § 2; Ga. L. 2000, p. 1243, § 2.)

Cross references. - Insuring and indemnification of public officers and employees generally, § 45-9-1 et seq.

Law reviews. - For article, "Personal Liability of State Officials Under State and Federal Law," see 9 Ga. L. Rev. 821 (1975). For note, "An Alternative to the Georgia Claims Advisory Board: State Tort Liability," see 2 Ga. L. Rev. 275 (1968). For note discussing some limitations on governmental tort immunity, see 5 Ga. St. B.J. 494 (1969).

28-5-85. Payment of small claims by board.

1. When the total amount of a claim against the state is $5,000.00 or less, and the claim is not of a type excluded from a recommendation for compensation by subsection (a) of Code Section 28-5-104, the Claims Advisory Board shall be authorized to direct the state department or agency affected by the claim to pay the claimant such amount, not exceeding $5,000.00, as may be authorized by the Claims Advisory Board pursuant to the authority of this Code section.
2. If a citizen has a claim against the state subject to the provisions of this Code section, such person may file such claim with the Claims Advisory Board. The Claims Advisory Board shall promulgate rules or regulations governing the submission of claims pursuant to this Code section. Such rules or regulations shall be adopted under the provisions of Chapter 13 of Title 50, known as the "Georgia Administrative Procedure Act."
3. When a claim subject to this Code section is filed with the Claims Advisory Board, said board shall notify the department or agency of the state government affected by such claim of the basis for such claim, and such notice shall include any information submitted by the claimant in support of such claim. Within 45 days after receiving such notification, it shall be the duty of such state department or agency to submit a report to the Claims Advisory Board setting forth the findings of such state department or agency relative to such claim. Said report may make a recommendation to the Claims Advisory Board relative to the payment of such claim, but such recommendation shall not be binding upon the Claims Advisory Board.
4. After reviewing and considering all information submitted by a claimant in support of the claim against the state and the report of the state department or agency affected by such claim, the Claims Advisory Board shall make a determination either to pay or reject such claim against the state. The Claims Advisory Board shall not be bound by the total amount claimed against the state and may authorize the payment of a lesser amount. If the Claims Advisory Board determines that the claim against the state is justified and that the amount of such claim, or a portion thereof, should be paid, it shall issue its order to the chief executive or administrative officer of the state department or agency affected by such claim ordering such officer, within 30 days after receipt of such order, to pay the claimant the amount specified by the Claims Advisory Board in its order. A copy of such order shall be mailed to the claimant. If the Claims Advisory Board determines that the claim against the state should be rejected, it shall notify the claimant of such rejection, and such notice shall explain the reasons for such rejection. A copy of such notice to the claimant shall be sent to the state department or agency affected by the claim. The decision of the Claims Advisory Board shall be final.
5. The Claims Advisory Board shall not authorize or direct the payment of any part of any claim under this Code section which is paid or payable by insurance.
6. Any payment made to a claimant pursuant to the authority of this Code section shall be in full and complete settlement of any claim against the state arising from the same occurrence, and each claimant, as a condition precedent to receiving payment pursuant to this Code section, shall acknowledge and agree to the requirements of this subsection pursuant to regulations adopted by the Claims Advisory Board for such purpose.
7. 1. The provisions of this Code section shall apply to any claim against the state in the amount of $5,000.00 or less if the date of the occurrence giving rise to such claim was after July 1, 2000. After July 1, 2000, the General Assembly shall not consider any compensation resolution for a claim against the state if the amount of the claim is $5,000.00 or less, and the provisions of this Code section shall be the exclusive method for making such claims against the state, except as provided in paragraph (2) of this subsection.
   2. If the claim against the state is timely filed with the Claims Advisory Board after July 1, 2000, for an occurrence which took place before July 1, 2000, and the amount of the claim is less than $5,000.00 but more than $500.00, the claimant shall have the option of seeking a compensation resolution from the General Assembly. All claims pending on July 1, 2000, or thereafter if such claim is based on an occurrence which took place before July 1, 2000, for $500.00 or less shall be settled exclusively through the Claims Advisory Board.
8. The General Assembly waives the immunity of the state for the purpose of authorizing the payment of claims against the state pursuant to the authority of this Code section. (Code 1981, § 28-5-85 , enacted by Ga. L. 1982, p. 930, § 1; Ga. L. 1984, p. 608, § 1; Ga. L. 1993, p. 91, § 28; Ga. L. 1999, p. 798, § 1; Ga. L. 2000, p. 1243, § 3.)

Code Commission notes. - Ga. L. 2000, p. 1243, § 3, amended this Code section and in so doing omitted without expressly repealing language added to subsection (a) of this Code section by Ga. L. 1999, p. 798, § 1. The two amendments were not irreconcilably conflicting and, in accordance with Reeves v. Gay, 92 Ga. 309 (1893), the amendment to this Code section made by Ga. L. 1999, p. 798, § 1, was treated as not having been repealed by Ga. L. 2000, p. 1243, § 3.

Pursuant to Code Section 28-9-5, in 2000, in paragraph (g)(2), "July 1, 2000," was substituted for "the effective date of this Code section".

28-5-86. Time for filing notice of claim.

No claim or resolution for the payment of compensation under this part shall be considered by the board or the General Assembly unless notice of claim has been filed with the board within two years after the date of the event giving rise to the claim.

(Code 1981, § 28-5-86 , enacted by Ga. L. 1984, p. 608, § 2.)

Law reviews. - For survey article on contracts - legislation, see 34 Mercer L. Rev. 71 (1982).

28-5-100. Recommendations by board as to payment of compensation; procedural rules.

1. The Claims Advisory Board shall have authority to consider and make recommendations to the General Assembly concerning payment of compensation to innocent persons who sustain injury or property damage, or both, and to dependent heirs of innocent persons killed in attempting to prevent the commission of crime against the person of another or in aiding or attempting to aid officers of the law upon their request. In a particular case the board may appoint a special master to take testimony, supervise or conduct necessary investigations, and report to the board; but ultimate recommendation on any claim shall be made only by the board.
2. The board shall provide by rules for proceedings before it; and such rules shall emphasize, to the greatest extent possible, informality of proceedings. No claimant shall be required to be represented or accompanied by an attorney.

   (Ga. L. 1967, p. 712, § 1.)

28-5-101. Procedure for claims for compensation.

1. Any person who is eligible for compensation under this part must give notice thereof in accordance with Part 2 of Article 4 of this chapter in order to have such claim brought before the General Assembly for action.
2. Any such claimant shall also, prior to introduction of a resolution for compensation, submit all documents called for by the board, including reports from all physicians and surgeons who have treated or examined the victim and from hospitals that have admitted the victim in relation to the injury for which compensation is claimed at the time of or subsequent to the victim's injury or death. If, in the opinion of the board, reports on the previous medical history of the victim, examination of the injured victim and a report thereon, or a report on the cause of death of the victim by an impartial medical expert would be of material aid in making its recommendation, the board shall call for the claimant to produce such reports and submit to such examination.

   (Ga. L. 1967, p. 712, § 2.)

28-5-102. Uniform standards for compensation.

In making its recommendation, the board shall, insofar as practicable, formulate standards for uniform application in recommending compensation, taking into consideration rates and amounts of compensation payable for injuries or property damage and death under other laws of this state and of the United States.

(Ga. L. 1967, p. 712, § 3.)

28-5-103. When compensation may be recommended; factors to be considered in making recommendations as to compensation.

1. In any case in which a person is injured or sustains property damage or is killed by an incident for which compensation is authorized by this part, the board may recommend to the General Assembly payment of compensation:
   1. To or for the benefit of the injured person;
   2. In the case of personal injury of the victim, to any person responsible for the maintenance of the victim who has suffered pecuniary loss or incurred expenses as a result of such injury;
   3. In the case of death of the victim, to or for the benefit of any one or more of the heirs at law of the victim, who at the time of the victim's demise were dependent upon him for over half of their support; or
   4. To or for the benefit of the owner of the damaged property.
2. In making its recommendation to the General Assembly, the board shall:
   1. Consider a person to have intended an act, notwithstanding that by reason of age, insanity, drunkenness, or otherwise, he was legally incapable of forming a criminal intent;
   2. Consider all circumstances surrounding the claim, including, but not limited to, provocation, consent, or any other behavior of the victim which directly or indirectly contributed to his injury or death; the prior case or social history, if any, of the victim or claimant; any need for financial aid present; and any other relevant matters; and
   3. Take into consideration any amounts received or receivable from any other source or sources by the victim or his dependents as a result of the incident or offense giving rise to the claim.
3. Claims and recommendations may be made under this Code section regardless of whether or not any person is prosecuted or convicted of any offense arising out of such act.

   (Ga. L. 1967, p. 712, § 4.)

28-5-104. When award of compensation not to be recommended generally; limitations on amounts; action by General Assembly upon recommendations.

1. In no event shall the board recommend that compensation be awarded to:
   1. Any victim of a criminal act not provided for in Code Section 28-5-100;
   2. Anyone who:
      1. Is a spouse, parent, grandparent, child (natural or adopted), grandchild, brother, sister, half brother, half sister, or parent of the spouse of the offender;
      2. Was, at the time of the personal injury or death of the victim, living with the offender as a member of his or her family or household or maintaining a sexual relationship, whether illicit or not, with such person or with any member of the family of such person;
      3. Violated a penal law of this state which violation caused or contributed to his or her injuries or death; or
      4. Was injured as a result of the operation of a motor vehicle, boat, or airplane, unless the same was used as a weapon in a deliberate attempt to run the victim down;
   3. Any officer of the law injured in the performance of his or her official duties; or
   4. Any person who is or was at the time of the alleged loss an inmate in the custody of the Department of Corrections.
2. No compensation shall be recommended by the board in an amount exceeding $5,000.00 per claim.
3. The board shall, in an advisory way only, recommend to the General Assembly payment of compensation and the amount thereof; and the General Assembly shall act on such recommendation in accordance with law and the rules of the House and Senate for action upon such resolutions.

   (Ga. L. 1967, p. 712, §§ 5, 7; Ga. L. 1999, p. 798, § 2.)

Law reviews. - For article advocating the overhaul of the doctrines of official and sovereign immunity in Georgia, see 29 Mercer L. Rev. 303 (1977). For note analyzing sovereign immunity in this state and proposing implementation of a waiver scheme and creation of a court of claims pursuant to Ga. Const. 1945, Art. VI, Sec. V, Para. I (see now Ga. Const. 1983, Art. I, Sec. II, Para. IX), see 27 Emory L.J. 717 (1978).

28-5-105. Scope of compensation.

The General Assembly may by resolution appropriate money for payment of a claim for compensation upon the recommendation of the board for:

1. Expenses actually and reasonably incurred as a result of the personal injury or death of the victim; and
2. Loss of earning power as a result of total or partial incapacity of such victim.

   (Ga. L. 1967, p. 712, § 6.)

28-5-106. Limitations on claims.

No resolution for the payment of compensation under this part shall be adopted unless notice of claim has been filed with the board within 18 months after the date of the personal injury or death, the claim is otherwise presented in accordance with law, and the personal injury or death was the result of an incident or offense for which compensation is authorized by this part and which had been reported to an officer of the law within five days of its occurrence or, if the incident or offense could not reasonably have been reported within such period, within five days of the time when a report could reasonably have been made.

(Ga. L. 1967, p. 712, § 7.)

28-5-107. Reports on claims transmitted to the General Assembly.

The board shall prepare and transmit to the General Assembly, along with its recommendation on each claim, a report of its activities in connection therewith, including the name of the claimant, a brief description of the facts surrounding the claim, the amount of compensation recommended, and the board's reasons therefor.

(Ga. L. 1967, p. 712, § 8.)

28-5-108. Subrogation of state to claims of persons compensated; damage actions against persons responsible for injuries or death.

Whenever an order for the payment of indemnification for personal injury or death or for damages to property is or has been made under this part, the State of Georgia shall, upon payment of the amount of the order, be subrogated to the cause of action of the person receiving indemnification under the order against the person or persons responsible for the injury or death or damages to property; and the Attorney General shall be authorized to bring an action against such person or persons for the amount of the damages sustained by the applicant. If an amount greater than that paid pursuant to the order for payment of indemnification is recovered and collected in any such action, the state, after deducting the expenses incurred, shall pay the balance to the person receiving indemnification under the order.

(Ga. L. 1967, p. 712, § 9.)

28-5-120. Short title.

This article shall be known and may be cited as the "Fair and Open Grants Act of 1993."

(Code 1981, § 28-5-120 , enacted by Ga. L. 1993, p. 1914, § 20.)

28-5-121. Definitions.

As used in this article, the term:

1. "Grant" means any line item appropriation of funds that will be disbursed for a public purpose of which such amount, purpose, and recipient is not identified in the appropriations Act.  For the purposes of this Code section, "grant" shall not include:
   1. Disbursements made pursuant to the Quality Basic Education formula;
   2. Disbursements made pursuant to the board of regents funding formula;
   3. Any grant, by law, which is apportioned entirely by formula;
   4. Common object classes excluding per diem, fees, and contracts;
   5. Disbursements made through the Governor's Emergency Fund; or
   6. Any disbursements made pursuant to an emergency.
2. "State agency" means any department, agency, bureau, commission, or like unit of organization of state government and any state authority. (Code 1981, § 28-5-121 , enacted by Ga. L. 1993, p. 1914, § 20.)

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1993, "appropriations Act" was substituted for "Appropriation Act" in the first sentence in paragraph (1).

Pursuant to Code Section 28-9-5, in 1997, "appropriations" was substituted for "appropriation" at the end of the first sentence of paragraph (1).

28-5-122. Publication of description of grant program by agency as prerequisite to making grants.

Before any state agency may make any grant of public funds or of funds otherwise within its power of disposition, the state agency must publish in print or electronically a description of the grant program in the Official Compilation of the Rules and Regulations of the State of Georgia and the Secretary of State shall make such descriptions available for convenient public inspection. The description must contain at least the following:

1. The name of the grant program;
2. The citation to the statutory basis for the grant program in the Official Code of Georgia Annotated or other general law of the State of Georgia;
3. The general scope and purpose of the grant program;
4. General terms and conditions of the grant;
5. Eligible recipients of the grant;
6. The criteria for the award of the grant; and
7. Directions and deadlines for applying for such grant. (Code 1981, § 28-5-122 , enacted by Ga. L. 1993, p. 1914, § 20; Ga. L. 2010, p. 838, § 10/SB 388.)

28-5-123. Written application demonstrating eligibility as prerequisite to awarding of grant; award of grants to be determined independently by state agency.

1. No grant shall be awarded except upon written application which demonstrates in specific terms how the applicant is eligible and satisfies the criteria.  All grants shall be disbursed pursuant to grant agreements which state in specific terms the amount and purposes of the grant and the other terms and conditions of the grant.
2. No grant by the executive branch of state government shall be awarded or disbursed solely upon the recommendation, request, or direction of an officer, member, or employee of the legislative or judicial branch of state government.  The award and disbursement of any grant shall be determined independently by the state agency. (Code 1981, § 28-5-123 , enacted by Ga. L. 1993, p. 1914, § 20.)

28-5-124. State agencies to compile annual list of grants awarded and disbursed in prior fiscal year; register of lists to be maintained by Secretary of State.

Before December 31 of each calendar year, each state agency shall compile and file with the Secretary of State a list of grants awarded and disbursed in the prior fiscal year, reporting the recipient, grant program by name, specific purpose, and amount. The Secretary of State shall maintain a register of such lists and make them available for convenient public inspection.

(Code 1981, § 28-5-124 , enacted by Ga. L. 1993, p. 1914, § 20.)

28-5-125. Audits of recipients of grants.

Any recipient of a grant made by a state agency shall be subject to audit by the state auditor for the purpose of confirming compliance with state law and the performance of the terms of the grant.

(Code 1981, § 28-5-125 , enacted by Ga. L. 1993, p. 1914, § 20.)

28-5-126. Grants in violation of article deemed void; effect of void grant on recipient.

Any grant made in violation of this article shall be void. In addition to any other remedy provided by law, no recipient of a void grant shall be eligible for the award or disbursement of any other grant by a state agency until the full amount of the void grant is refunded to the state agency.

(Code 1981, § 28-5-126 , enacted by Ga. L. 1993, p. 1914, § 20.)

28-5-127. Separate appropriation for grants in appropriations Acts; appropriation to contain word "grant."

Any funding for grants in an appropriations Act by the General Assembly shall be separately appropriated, and the appropriation shall contain the word "grant" in its description of the purpose of the appropriation. All appropriations for grants by a particular state agency shall be listed together under a heading that contains the word "grant" or "grants."

(Code 1981, § 28-5-127 , enacted by Ga. L. 1993, p. 1914, § 20.)

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1993, " 'grants.' " was substituted for " 'grants'." at the end of this Code section.

28-6-1. Creation of Senate, House, and Governor's committees; membership.

1. There is established a standing committee of the Senate of this state to be known officially as the Senate Committee on Interstate Cooperation and to consist of five Senators. The members and the chairman of this committee shall be designated in the same manner as is customary in the case of the members and chairmen of other standing committees of the Senate. In addition to the regular members, the President of the Senate shall be ex officio an honorary nonvoting member of this committee.
2. There is established a standing committee of the House of Representatives of this state to be known officially as the House Committee on Interstate Cooperation and to consist of five members of the House of Representatives. The members and the chairman of this committee shall be designated in the same manner as is customary in the case of the members and chairmen of other standing committees of the House of Representatives. In addition to the regular members, the Speaker of the House of Representatives shall be ex officio an honorary nonvoting member of this committee.
3. There is established a committee of administrative officials and employees of this state to be known officially as the Governor's Committee on Interstate Cooperation and to consist of five members. Its members shall be: the Commissioner of Insurance, ex officio; the Secretary of State, ex officio; and three other administrative officials or employees to be designated by the Governor none of whom shall be the Attorney General. The Governor shall appoint one of the five members of this committee as its chairman. In addition to the regular members, the Governor shall be ex officio an honorary nonvoting member of this committee.

   (Ga. L. 1937, p. 708, §§ 1-3; Ga. L. 1986, p. 855, § 11; Ga. L. 1988, p. 426, § 1.)

28-6-1.1. "Nonpartisan legislative organization" defined.

As used in this chapter, the term "nonpartisan legislative organization" means an organization whose membership is limited to legislators and which does not align itself with and is not funded by a political party.

(Code 1981, § 28-6-1.1 , enacted by Ga. L. 2006, p. 689, § 2/HB 1067.)

28-6-2. Creation of Georgia Commission on Interstate Cooperation; membership.

1. There is established the Georgia Commission on Interstate Cooperation. The commission shall be composed of 15 regular members:
   1. The five members of the Senate Committee on Interstate Cooperation;
   2. The five members of the House Committee on Interstate Cooperation; and
   3. The five members of the Governor's Committee on Interstate Cooperation.
2. The chairperson of the Senate Committee on Interstate Cooperation and the chairperson of the House Committee on Interstate Cooperation shall be cochairpersons of the commission.
3. The Governor, the President of the Senate, and the Speaker of the House of Representatives shall be ex officio honorary nonvoting members of this commission.

   (Ga. L. 1937, p. 708, § 4; Ga. L. 2006, p. 689, § 1/HB 1067.)

28-6-3. Functions of commission.

It shall be the function of the commission to:

1. Carry forward the participation of this state as a member of any regional, national, or international nonpartisan legislative organization that promotes interstate or international cooperation;
2. Encourage and assist the legislative, executive, administrative, and judicial officials and employees of this state to develop and maintain friendly contact by correspondence, by conference, and otherwise with officials and employees of the other states, of the federal government, and of local units of government;
3. Endeavor to advance cooperation between this state and other units of government whenever it seems advisable to do so by formulating proposals for and by facilitating:
   1. The adoption of compacts;
   2. The enactment of uniform or reciprocal statutes;
   3. The adoption of uniform or reciprocal administrative rules and regulations;
   4. The informal cooperation of governmental offices with one another;
   5. The personal cooperation of governmental officials and employees with one another;
   6. The interchange and clearance of research and information; and
   7. Any other suitable process; and
4. Do all such acts as will, in the opinion of the commission, enable this state to do its part or more in forming a more perfect union among the various governments in the United States and in promoting international relations by developing nonpartisan legislative organizations for such purposes.

   (Ga. L. 1937, p. 708, § 6; Ga. L. 2004, p. 69, § 2; Ga. L. 2006, p. 689, § 3/HB 1067.)

Editor's notes. - Ga. L. 2004, p. 69, § 1, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'State and Local Taxation, Financing, and Service Delivery Revision Act of 2004'."

Law reviews. - For article on 2004 amendment of this Code section, see 21 Ga. St. U.L. Rev. 226 (2004).

28-6-4. Establishment of delegations, committees, and advisory boards by commission.

1. The commission shall establish such delegations and committees as it deems advisable in order that they may confer and formulate proposals concerning effective means to secure intergovernmental harmony and may perform other functions for the commission pursuant to its decisions. Subject to the approval of the commission, the member or members of each delegation or committee shall be appointed by the chairman of the commission. State officials or employees who are not members of the Commission on Interstate Cooperation may be appointed as members of any delegation or committee, but private citizens holding no governmental position in this state shall not be eligible. The commission may provide such other rules as it considers appropriate concerning the membership and the functioning of any delegation or committee.
2. The commission may provide for advisory boards for itself and for its various delegations and committees and may authorize private citizens to serve on such boards.

   (Ga. L. 1937, p. 708, § 7.)

28-6-5. Reports by commission; compensation of members of commission, delegations, and committees.

The commission shall report to the Governor and to the General Assembly within 15 days after the convening of each regular legislative session and at such other times as it deems appropriate. Its members and the members of all delegations and committees which it establishes shall serve without compensation for such service.

(Ga. L. 1937, p. 708, § 8.)

28-6-6. Informal names of committees and commission.

The committees and the commission established by this chapter shall be informally known, respectively, as the Senate Cooperation Committee, the House Cooperation Committee, the Governor's Cooperation Committee, and the Georgia Cooperation Commission.

(Ga. L. 1937, p. 708, § 9.)

28-6-7. Certain nonpartisan legislative organizations declared joint governmental agencies of the state.

Any nonpartisan legislative organization in which this state is a participant pursuant to paragraph (1) of Code Section 28-6-3 and which has its regional or national headquarters located in this state is declared to be a joint governmental agency of this state and of the other states which cooperate through it.

(Ga. L. 1937, p. 708, § 10; Ga. L. 2004, p. 69, § 3; Ga. L. 2005, p. 60, § 28/HB 95; Ga. L. 2006, p. 689, § 4/HB 1067.)

Editor's notes. - Ga. L. 2004, p. 69, § 1, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'State and Local Taxation, Financing, and Service Delivery Revision Act of 2004'."

28-6-8. Appointment of delegates to Article V conventions called by the Congress of the United States for proposing amendments to the Constitution of the United States.

1. As used in this Code section, the term:
   1. "Article V application" means a resolution adopted by the General Assembly on the same subject or containing the same proposed amendment text as not less than two-thirds of the several states of the United States applying to the Congress of the United States for said Congress to call an Article V convention by setting the time and place of such convention.
   2. "Article V convention" means a convention called by the Congress of the United States upon application of the legislatures of not less than two-thirds of the several states of the United States for the purpose of proposing amendments to the Constitution of the United States as expressly provided in Article V of said Constitution.
   3. "Delegate" means a person appointed as provided in this Code section to represent the State of Georgia at an Article V convention.
   4. "Delegation" means the entire group of delegates serving as such, collectively, pursuant to this Code section.
   5. "Legislative instructions" means any instructions given by resolution of the General Assembly to delegates before or during an Article V convention.
   6. "Unauthorized amendment" means a proposed amendment to the Constitution of the United States that is outside the subject matter of the Article V application, the call of the Article V convention by the Congress of the United States, or any legislative instructions.
2. Upon a call by the Congress of the United States for an Article V convention at which each state of the United States is to have one equal vote, seven delegates shall be appointed forthwith to represent the State of Georgia at such particular Article V convention as follows:
   1. The Speaker of the House of Representatives shall appoint two delegates;
   2. The President of the Senate shall appoint two delegates;
   3. The Governor shall appoint two delegates; and
   4. One delegate shall be appointed upon the affirmative vote of not less than four of those six delegates who were appointed pursuant to paragraphs (1), (2), and (3) of this subsection.
3. Any vacancy in the delegation due to death, resignation, ineligibility, recall, or other reason shall be filled in the same manner as the original appointment.
4. No delegate shall have the authority to vote to allow consideration of or vote to approve an unauthorized proposed amendment to the Constitution of the United States.
5. Any delegate casting a vote to allow consideration or approval of an unauthorized proposed amendment may be immediately recalled by a majority vote of the Speaker of the House of Representatives, the President of the Senate, and the Governor; the position of such recalled delegate shall thereby be vacated; and such unauthorized vote shall be nullified.
6. 1. Each delegate shall be subject to the eligibility requirements of Code Section 45-2-1 and, upon qualification, shall be required to take the following oath:

      "I do solemnly swear or affirm that to the best of my abilities, I will, as a delegate to an Article V convention, uphold the Constitution and laws of the United States and the State of Georgia. I will not vote to allow consideration of or to approve any unauthorized proposed amendment to the United States Constitution."

   2. Violation of the oath or affirmation provided in paragraph (1) of this subsection shall be subject to the provisions of Code Section 16-10-1.
7. The Secretary of State shall certify in writing to the Article V convention the appointment of delegates, the recall of any delegate, the filling of any vacancy in the delegation, and the nullification of any unauthorized votes cast by any delegate.
8. No delegate shall be appointed pursuant to this Code section to an Article V convention unless each state of the United States has one equal vote at such convention.
9. Except upon the resignation, death, ineligibility, recall, or other vacation of office by a delegate, the term of each delegate shall be for the duration of the particular Article V convention for which purpose the delegate was appointed, and the delegation shall be dissolved and disbanded upon the adjournment sine die of such convention. (Code 1981, § 28-6-8 , enacted by Ga. L. 2014, p. 815, § 1/SB 206.)

Code Commission notes. - Pursuant to Code Section 28-9-5, in 2014, the enactment of Article 2 of Chapter 1 of Title 50 by Ga. L. 2014, p. 237, § 1/HB 930, was treated as impliedly repealed and superseded by Ga. L. 2014, p. 815, § 1/SB 206, due to irreconcilable conflict.

In 2014, the Georgia General Assembly passed HB 794 and SB 206, both relating to Article V Conventions. HB 794, codified at § 50-38-1 , was signed by the Governor on April 12, 2014 (Act No. 475, Ga. L. 2014, p. 20/HB 794). SB 206, codified at § 28-6-8 , was signed by the Governor on April 29, 2014 (Act. No. 641, Ga. L. 2014, p. 815, § 1/SB 206). The Code Revision Commission on May 15, 2014, directed that both Acts be published, although the effect of codifying both is unclear.

Editor's notes. - Ga. L. 2014, p. 815, § 2/SB 206, not codified by the General Assembly, provides: "This Act shall become effective upon the date of the adoption by the General Assembly during the 2013-2014 biennium of a resolution applying to the Congress of the United States to call for a convention for the purpose of proposing one or more amendments to the Constitution of the United States as expressly provided in Article V of said Constitution. If such a resolution is not adopted by the General Assembly during the 2013-2014 biennium, this Act shall not become effective and shall stand repealed on January 1, 2015." SR 763 was adopted by the General Assembly on March 6, 2014. See Op. Att'y Gen. No. 76-76 for construction of effective date provisions that precede the date of approval by the Governor.

28-7-1 and 28-7-2.

Reserved. Repealed by Ga. L. 1992, p. 1075, § 18, effective April 6, 1992.

Editor's notes. - These Code sections were based on (Ga. L. 1878-79, p. 29, §§ 1, 2; Code 1882, §§ 4486a, 4486b; Penal Code 1895, §§ 319, 320; Penal Code 1910, §§ 324, 325; Ga. L. 1911, p. 151, § 1; Code 1933, §§ 47-1001, 47-1002; Ga. L. 1970, p. 695, § 1; Ga. L. 1981, Ex. Sess., p. 8 (Code Enactment Act); Ga. L. 1991, p. 1687, § 1; Ga. L. 1992, p. 6, § 28. For present provisions, see Code Section 21-5-70 et seq.

28-7-3. Contingent compensation for lobbyists.

No person, firm, corporation, or association shall retain or employ an attorney at law or an agent to aid or oppose legislation for compensation contingent, in whole or in part, upon the passage or defeat of any legislative measure. No attorney at law or agent shall be employed to aid or oppose legislation for compensation contingent, in whole or in part, upon the passage or defeat of any legislation.

(Ga. L. 1911, p. 151, § 2; Code 1933, § 47-1003; Ga. L. 1992, p. 1075, § 18.)

28-7-4. Presence of certain persons on floor of House or Senate for purpose of privately discussing pending measures.

It shall be unlawful for any person registered pursuant to the requirements of Article 4 of Chapter 5 of Title 21 or for any other person, except as authorized by the rules of the House or Senate, to be on the floor of either house of the General Assembly while the same is in session to discuss privately measures then pending in the General Assembly.

(Ga. L. 1911, p. 151, § 4; Code 1933, § 47-1004; Ga. L. 1970, p. 695, § 2; Ga. L. 1992, p. 1075, § 18.)

Law reviews. - For note on 1992 amendment of this Code section, see 9 Ga. St. U.L. Rev. 247 (1992).

28-7-5. Penalty for violation of Code Section 28-7-3 or 28-7-4.

Any person failing to comply with or violating any of the provisions of Code Section 28-7-3 or 28-7-4 shall be guilty of a misdemeanor.

(Ga. L. 1911, p. 151, § 5; Code 1933, § 47-1005; Ga. L. 1970, p. 695, § 3; Ga. L. 1992, p. 1075, § 18.)

Law reviews. - For note on 1992 amendment of this Code section, see 9 Ga. St. U.L. Rev. 247 (1992).

28-8-1 through 28-8-3.

Reserved. Repealed by Ga. L. 2007, p. 681, § 1/HB 220, effective July 1, 2007.

Editor's notes. - This chapter was based on Ga. L. 1981, p. 819, §§ 1-3; Ga. L. 1984, p. 431, § 1; Ga. L. 1985, p. 283, § 1; Ga. L. 1988, p. 13, § 28; Ga. L. 1995, p. 10, § 28.

28-9-1. Definitions.

As used in this chapter, the term:

1. "Code" means the Official Code of Georgia Annotated, any unannotated version thereof, or any codification of the laws of the State of Georgia which is a successor to or replacement of such Code, and such term shall include all statutory provisions, annotations, research references, notes, indexes, tables, constitutions, cross-references, pocket parts, and other material related to or included in such Code.
2. "Commission" means the Code Revision Commission originally created pursuant to H.R. No. 217-838 adopted by the General Assembly at the 1977 regular session, as amended, and as re-created by Code Section 28-9-2 . (Code 1981, § 28-9-1 , enacted by Ga. L. 1985, p. 197, § 1.)

28-9-2. Creation of the Code Revision Commission; membership, term of office, and vacancies; expenses and allowances; ratification of previous actions and contracts.

1. There is created the Code Revision Commission, to be composed of 15 members as follows:
   1. The Speaker of the House of Representatives;
   2. Four members of the House of Representatives to be appointed by the Speaker of the House of Representatives for terms of office coinciding with their terms as members of the House of Representatives;
   3. The President of the Senate;
   4. Four members of the Senate to be appointed by the President of the Senate for terms of office coinciding with their terms as members of the Senate; and
   5. Five members of the State Bar of Georgia to be appointed by the president of the State Bar of Georgia for terms of office of one year each and until their successors are appointed, with such terms beginning on the second Monday of January of each year, provided that one such member shall be a judge or senior judge of the superior courts and one such member shall be a district attorney. Notwithstanding any other provision of law, the president of the State Bar of Georgia is authorized to appoint an official or employee of any branch of the state government, a county, municipality, board of education, or other political subdivision if such person is a member of the State Bar of Georgia; and any person so appointed is authorized to serve as a member of the Code Revision Commission.
2. Any vacancy occurring in the membership of the commission, whether by the death, resignation, or failure of a member to hold office or membership in the State Bar of Georgia, shall be filled by appointment in the same manner as the appointment of the member whose seat is vacant. A person appointed to fill a vacancy shall be appointed for the remainder of the unexpired term.
3. While engaged in the duties of the commission, all members shall receive the expenses and allowances authorized by law for legislative members of interim legislative committees. The judge or senior judge of the superior courts, the district attorney, and any member of the State Bar of Georgia who is also an official or employee of the executive or judicial branch of state government shall receive such expenses and allowances from state funds from which they are otherwise compensated. Any other funds necessary to carry out the provisions of this chapter and any contract executed pursuant to this chapter or any prior resolution of the General Assembly shall come from the funds provided for the legislative branch of state government.
4. The members of the Code Revision Commission created pursuant to H.R. No. 217-838 adopted by the General Assembly at the 1977 regular session and as amended by H.R. No. 447-1274 adopted by the General Assembly at the 1978 regular session who are serving as members of the commission on April 1, 1985, shall continue in office as members until the second Monday in January, 1987, in the case of legislative members or until the second Monday in January, 1986, in the case of members appointed by the president of the State Bar of Georgia, at which time their terms shall expire and their successors shall be appointed as provided in subsection (a) of this Code section. All actions taken by such commission and all contracts entered into by such commission are ratified and confirmed. The commission created by this Code section shall be deemed to be a continuation of the commission created pursuant to such resolutions. (Code 1981, § 28-9-2 , enacted by Ga. L. 1985, p. 197, § 1.)

28-9-3. Powers and duties of commission generally.

The commission is authorized:

1. To select and contract with a publisher to conduct a revision, codification, or recodification of the Code and laws of Georgia, provided that any such contract requiring the expenditure of state funds shall be contingent upon the General Assembly appropriating the necessary funds therefor;
2. To formulate with the publisher all the details associated with the codification or recodification of the Code and laws of Georgia;
3. To take such action as is necessary to effectuate Code revision;
4. To carry out the functions required of it in any contract entered into between the commission and the publisher;
5. To negotiate and establish the price at which the Code or any volume, replacement volume, pocket part, index, or related material may be sold to governmental or private purchasers, or both;
6. To determine when volumes of the Code may be revised and republished;
7. To adopt and implement a system for arranging, numbering, and designating material within the Code;
8. To adopt rules of style and grammar for use in the Code;
9. To prepare, or provide for the preparation of, and to include in the Code such annotations, historical notes, research references, notes on law review articles, cross-references, summaries of the opinions of the Attorney General of Georgia, editor's notes, Code Revision Commission notes, comments, commentaries, rules and regulations, indexes, tables, and other material as the commission determines to be useful to users of the Code;
10. To provide for the publication of annotated or unannotated versions of the Code, or both;
11. To provide for the publication of volumes containing the Constitution of the United States, the Constitution of the State of Georgia, and an index of local and special laws, general laws of local application, and home rule ordinances;
12. To review, approve, or disapprove the work of the publisher in preparing, supplementing, indexing, or revising the Code or any volume, pocket part, or portion thereof;
13. To grant exclusive or nonexclusive publication and sales rights to the Code or portions thereof to the publisher;
14. To grant rights to governmental agencies and others to reprint and distribute portions or excerpts of the Code;
15. To register the copyright claim in all materials in the Code and any supplements thereto, to protect, enforce, and preserve all claims in such materials, to bring and defend actions in any court in connection therewith, and to negotiate and grant licenses or rights, on behalf of the state, to use such material upon such terms and conditions as the commission shall determine to be in the best interest of the state;
16. To seek the advice and assistance of members and committees of the State Bar of Georgia, the law schools of the state, the Attorney General or members of his staff, state and local public officials and employees, and others with expertise or interest in the laws of Georgia;
17. To provide for the preparation and introduction of one or more bills to revise, modernize, and correct errors or omissions in the Code or the laws of Georgia or to repeal portions of the Code or laws which have become obsolete, have been declared to be unconstitutional, or have been preempted or superseded by subsequent state or federal laws;
18. To provide for procedures for the implementation or execution of its powers and duties; and
19. To take such other action or exercise such additional powers as may be necessary or convenient to carry out the purposes of this chapter, the duties and powers of the commission, or any contract entered into under this chapter. (Code 1981, § 28-9-3 , enacted by Ga. L. 1985, p. 197, § 1.)

Editor's notes. - Ga. L. 2013, p. 141, § 54(d)/HB 79, not codified by the General Assembly, provides that: "For purposes of publishing volumes, replacement volumes, and supplements to the Official Code of Georgia Annotated pursuant to Chapter 9 of Title 28: legislation enacted at the same session of the General Assembly and amending the same statutory provision shall be considered in pari materia, and full effect shall be given to each if that is possible; Acts enacted during the same session shall be treated as conflicting with each other only to the extent that they cannot be given effect simultaneously; in the event of such a conflict, the latest enactment, as determined by the order in which bills became law with or without the approval of the Governor, shall control to the extent of the conflict unless the latest enactment contains a provision expressly ceding control in such an event; and language carried forward unchanged in one amendatory Act shall not be read as conflicting with changed language contained in another Act passed during the same session." This provision was later codified by Ga. L. 2014, p. 866, § 28/SB 340, as subsection (b) of Code Section 28-9-5.

For Acts reenacting the Official Code of Georgia Annotated, see the Editor's notes to § 1-1-1 .

Law reviews. - For discussion of the work of the Code Revision Commission in making the Code, see 18 Ga. St. B.J. 102 (1982).

28-9-4. Commission staff.

The Office of Legislative Counsel shall serve as staff for the commission.

(Code 1981, § 28-9-4 , enacted by Ga. L. 1985, p. 197, § 1.)

Law reviews. - For discussion of history, staffing, procedures, and duties of the Office of Legislative Counsel, see 23 Ga. St. B.J. 114 (1987).

28-9-5. Publication of the Official Code of Georgia Annotated; authority to make corrections and editorial changes; effect of changes; treatment of multiple amendments; preparation and introduction of legislation reenacting and correcting Code; effect.

1. The Code Revision Commission shall provide for the publication of the Official Code of Georgia Annotated and any pocket parts, supplements, revised volumes, or recodifications thereof. In compiling, editing, arranging, and preparing the Acts and resolutions of the General Assembly for such publication and without altering the sense, meaning, or effect of such Acts and resolutions, the commission is authorized to:
   1. Correct the spelling of words;
   2. Change capitalization for the purpose of uniformity;
   3. Correct manifest typographical and grammatical errors;
   4. Substitute the proper Code section number, chapter number, or other number or designation for the terms "this Act," "the preceding Code section," and similar words or phrases;
   5. Renumber, redesignate, and rearrange chapters, articles, parts, subparts, Code sections, or any combination or portion thereof;
   6. Change cross-reference numbers to agree with renumbered chapters, Code sections, or portions of the Code;
   7. Substitute the proper calendar date for "the effective date of this chapter" and other phrases of similar import;
   8. Strike out figures if they are merely a repetition of written words or vice versa, or substitute figures for written words or vice versa for the purpose of uniformity;
   9. Correct manifest errors in references to laws;
   10. Correct inaccurate references to the titles of officers, the names of departments or other agencies of the state, local governments, or the federal government, and the short titles of other laws and make such other name changes as are necessary to be consistent with the laws currently in effect;
   11. Rearrange definitions in alphabetical order;
   12. Insert or delete hyphens in words so as to follow correct grammatical usage;
   13. Change numerals or symbols to words or vice versa for purposes of uniformity and style;
   14. Change nouns from the singular to the plural or vice versa for purposes of style and grammar; and
   15. Change punctuation for purposes of uniformity and consistency of style.

       Any change or correction made by the Code Revision Commission pursuant to its authority under this subsection shall not become the law of the State of Georgia if such change or correction results in an alteration of the meaning, sense, or effect of the Acts and resolutions of the General Assembly, even though such change or correction may have been included in a pocket part, supplement, or revised volume of the Official Code of Georgia Annotated which has been reenacted by a bill authorized by subsection (c) of this Code section.

2. For purposes of publishing volumes, replacement volumes, and supplements to the Official Code of Georgia Annotated pursuant to this chapter: legislation enacted at the same session of the General Assembly and amending the same statutory provision shall be considered in pari materia, and full effect shall be given to each if that is possible; Acts enacted during the same session shall be treated as conflicting with each other only to the extent that they cannot be given effect simultaneously; in the event of such a conflict, the latest enactment, as determined by the order in which bills became Acts with or without the approval of the Governor, shall control to the extent of the conflict unless the latest enactment contains a provision expressly ceding control in such an event; and language carried forward unchanged in one amendatory Act shall not be read as conflicting with changed language contained in another Act passed during the same session.
3. The Code Revision Commission shall prepare and have introduced at each regular session of the General Assembly one or more bills to reenact and make corrections in the Official Code of Georgia Annotated, portions thereof, and the laws as contained in the Code and any pocket part, supplements, and revised volumes thereof. Except as otherwise provided by general law, such reenactment of the Official Code of Georgia Annotated shall have the effect of adopting and giving force and effect of law to all the statutory text and numbering as contained in such volumes, pocket parts, and supplements, including but not limited to provisions as published therein in accordance with subsections (a) and (b) of this Code section. (Code 1981, § 28-9-5 , enacted by Ga. L. 1985, p. 202, § 1; Ga. L. 1986, p. 10, § 28; Ga. L. 2014, p. 866, § 28/SB 340; Ga. L. 2015, p. 5, § 28/HB 90.)

Code Commission notes. - The last sentence of current subsection (c) of this Code section regarding the effect of reenactment of the Code was added by Ga. L. 2014, p. 866, § 28/SB 340, in immediate response to (and in rejection of) footnote 3 of the majority opinion in Rutter v. Rutter, 294 Ga. 1 , 749 S.E.2d 657 (2013).

Editor's notes. - The Act which enacted this Code section was signed on the same day as, but subsequent to, the Act which enacted Code Sections 28-9-1 through 28-9-4 . Section 2 of the Act which enacted this Code section provided that this Code section would be designated " § 28-1-16 " in the event that Ga. L. 1985, p. 197 (enacting §§ 28-9-1 through 28-9-4 ) was not enacted at the 1985 session. Ga. L. 1985, p. 197 was signed into law effective February 12, 1985.

Ga. L. 2013, p. 141, § 54(d)/HB 79, not codified by the General Assembly, provides that: "For purposes of publishing volumes, replacement volumes, and supplements to the Official Code of Georgia Annotated pursuant to Chapter 9 of Title 28: legislation enacted at the same session of the General Assembly and amending the same statutory provision shall be considered in pari materia, and full effect shall be given to each if that is possible; Acts enacted during the same session shall be treated as conflicting with each other only to the extent that they cannot be given effect simultaneously; in the event of such a conflict, the latest enactment, as determined by the order in which bills became law with or without the approval of the Governor, shall control to the extent of the conflict unless the latest enactment contains a provision expressly ceding control in such an event; and language carried forward unchanged in one amendatory Act shall not be read as conflicting with changed language contained in another Act passed during the same session." This provision was later codified by Ga. L. 2014, p. 866, § 28/SB 340, as subsection (b) of Code Section 28-9-5.

For Acts reenacting the Official Code of Georgia Annotated, see the Editor's notes to § 1-1-1 .

28-10-1. Creation of the Georgia Rail Passenger Authority Overview Committee; membership; term of office; officers.

1. The Georgia Rail Passenger Authority Overview Committee is created. The committee shall consist of five members of the House of Representatives appointed by the Speaker of the House and five members of the Senate appointed by the President of the Senate. The members shall serve for terms as members of the committee concurrent with their terms of office as members of the General Assembly. Members of the committee shall be appointed during the first 30 days of each regular legislative session which is held immediately following the election of members of the General Assembly; provided, however, that an appointment to fill any vacancy on the committee may be made at any time.
2. The Speaker of the House of Representatives shall designate one of the members appointed by the Speaker as chairman of the committee. The President of the Senate shall designate one of the members appointed by the President of the Senate as vice-chairman of the committee. The members designated as chairman and vice-chairman shall serve for terms as such officers concurrent with their terms as members of the committee. Other than the chairman and vice-chairman provided for in this subsection, the committee shall provide for its own organization. (Code 1981, § 28-10-1 , enacted by Ga. L. 1985, p. 1283, § 2; Ga. L. 2000, p. 1180, § 1.)

28-10-2. Duties of committee.

The committee shall periodically inquire into and review the operations, contracts, safety, financing, organization, and structure of the Georgia Rail Passenger Authority, as well as periodically review and evaluate the success with which said authority is accomplishing its legislatively created purposes.

(Code 1981, § 28-10-2 , enacted by Ga. L. 1985, p. 1283, § 2.)

28-10-3. Availability of services of state auditor and Attorney General; committee employees; employment of professional services.

The state auditor and the Attorney General shall make available to the committee the services of their staff, facilities, and powers in order to assist the committee in the discharge of its duties. The committee may employ staff and secure the services of independent accountants, engineers, and consultants, provided that both the employment and the amount of compensation to be received by such personnel is authorized by a joint resolution of the General Assembly. Upon authorization by joint resolution of the General Assembly, the committee shall have the power to compel the attendance of witnesses and the production of documents in aid of its duties.

(Code 1981, § 28-10-3 , enacted by Ga. L. 1985, p. 1283, § 2.)

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1985, in the first sentence "their" was substituted for "its".

28-10-4. Cooperation of Georgia Rail Passenger Authority; committee reports.

The Georgia Rail Passenger Authority shall cooperate with the committee, its authorized personnel, the Attorney General, the state accounting officer, and the state auditor in order that the committee may efficiently and effectively carry out its duties. The Georgia Rail Passenger Authority shall submit to the committee such reports and data as the committee shall reasonably require of said authority in order that the committee may adequately inform itself of the activities of said authority. The committee shall, on or before the first day of January of each year, and at such other times as it deems to be in the public interest, submit to the General Assembly a report of its findings and recommendations based upon the review of the operations of the Georgia Rail Passenger Authority.

(Code 1981, § 28-10-4 , enacted by Ga. L. 1985, p. 1283, § 2; Ga. L. 2005, p. 694, § 31/HB 293.)

28-10-5. Criteria for committee evaluation of Georgia Rail Passenger Authority.

In the discharge of its duties, the committee shall evaluate the performance of the Georgia Rail Passenger Authority in providing rail passenger service consistent with the following criteria:

1. Public safety;
2. Prudent, legal, and accountable expenditure of public funds;
3. Responsiveness to the needs for rail passenger services;
4. Economic vitality of the rail passenger system and economic benefits to the state;
5. Efficient operation; and
6. Impact on the environment. (Code 1981, § 28-10-5 , enacted by Ga. L. 1985, p. 1283, § 2.)

28-10-6. Expenses and allowances for committee members.

The members of the committee shall receive the same expenses and allowances for their services on the committee as are authorized by law for members of interim legislative study committees.

(Code 1981, § 28-10-6 , enacted by Ga. L. 1985, p. 1283, § 2.)

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1986, "are" was substituted for "is".

28-10-7. Effect of chapter on responsibilities of the Georgia Rail Passenger Authority.

Nothing in this chapter shall be construed to relieve the Georgia Rail Passenger Authority of the responsibilities imposed upon it under Article 9 of Chapter 9 of Title 46.

(Code 1981, § 28-10-7 , enacted by Ga. L. 1985, p. 1283, § 2; Ga. L. 1993, p. 91, § 28.)

28-11-1. Short title.

This chapter shall be known and may be cited as the "Ethics and Efficiency in Government Act."

(Code 1981, § 28-11-1 , enacted by Ga. L. 1998, p. 874, § 1.)

28-11-2. Legislative findings.

The General Assembly finds and declares that it is in the fundamental interests of the citizens of Georgia and of the legislature as an equal branch of state government to foster the knowledge, professionalism, and standards of its membership.

(Code 1981, § 28-11-2 , enacted by Ga. L. 1998, p. 874, § 1.)

28-11-3. Definitions.

As used in this chapter, the term:

1. "Board" means the board of the Georgia General Assembly Training Institute.
2. "Institute" means the Georgia General Assembly Training Institute.
3. "Member of the General Assembly" means either an incumbent member or member-elect of the House of Representatives or Senate.
4. "Vinson Institute" means the Carl Vinson Institute of Government of the University of Georgia. (Code 1981, § 28-11-3 , enacted by Ga. L. 1998, p. 874, § 1.)

28-11-4. Availability of instructional classes and courses; payment of and reimbursement of expenses.

1. All members of the General Assembly shall be authorized and encouraged to attend and complete a series of instructional classes or courses relating to the organization and operation of state government in general, and the role and powers of the General Assembly in particular. Such courses or classes shall include, but not be limited to, such general topics as the Georgia Constitution, the role of each branch of state government, the organization of state government, the role of state government in the U.S. federal system, the relationship of state and local government, sources of state and local revenue, and the state budgeting process. Additionally, such courses or classes shall include, but not be limited to, topics specifically related to the General Assembly, such as constitutional and statutory law, bill drafting, the legislative process, committee operations, parliamentary rules of procedure, the appropriation process, legislative customs and traditions, duties and responsibilities of members, ethics and rules of conduct, legislative oversight of the executive branch, local legislation, constituent service, legislative use of computers, the Internet, distance learning, public policy issues on the legislative agenda, and such other matters as deemed necessary and appropriate by the board.
2. All expenses incurred by an incumbent member of the General Assembly related to the course of training and education authorized by subsection (a) of this Code section, including the reasonable costs of housing, travel, meals, instructors, and instructional materials, may be paid from state funds appropriated to the legislative branch for such purposes or from other such funds as become available. In addition, all such expenses shall constitute ordinary and necessary expenses for purposes of subsection (a) of Code Section 21-5-33 and may be reimbursed to members-elect of the General Assembly from campaign contributions. (Code 1981, § 28-11-4 , enacted by Ga. L. 1998, p. 874, § 1.)

28-11-5. Georgia General Assembly Training Institute.

1. There is created and established in the legislative branch of government the Georgia General Assembly Training Institute. All costs of operating and conducting the institute shall be paid for from state funds appropriated for such purposes or from other such funds as become available.
2. With professional staff assistance from the Vinson Institute, the board shall have the power, duty, and authority to design, implement, and administer the course of training and education authorized by Code Section 28-11-4.
3. The courses of training and education authorized by Code Section 28-11-4 shall be conducted by the institute under such rules, regulations, procedures, policies, requirements, and standards as prescribed from time to time by the board. The initial course each biennium shall be the current Biennial Institute for Georgia Legislators at the University of Georgia's Center for Continuing Education in Athens. Participation in the Biennial Institute shall be required to participate in other courses conducted by the institute, except as provided in subsection (d) of this Code section.
4. The board shall establish guidelines and procedures to permit any member of the General Assembly who is unable to attend or complete one or more of the courses of training and education offered by the institute due to medical disability, providential cause, or any other reason deemed sufficient by the board to participate in the remaining courses of education and training provided for under Code Section 28-11-4 for the biennium.
5. The board shall perform such other duties and have such other powers and authority as may be necessary and proper or as prescribed by general law. (Code 1981, § 28-11-5 , enacted by Ga. L. 1998, p. 874, § 1.)

28-11-6. Supervision of Georgia General Assembly Training Institute.

1. The institute shall be under the direction and supervision of the board of the Georgia General Assembly Training Institute. The board shall have the power and duty to organize and advise the institute so that the institute is operated in accordance with the provisions of this chapter.
2. The board shall consist of seven members and shall be composed of six members appointed by the Legislative Services Committee and the director of the Vinson Institute who shall serve as an ex officio, nonvoting member. In appointing members of the board, the Legislative Services Committee shall select three members from each house and shall attempt to broadly reflect the composition of the General Assembly. (Code 1981, § 28-11-6 , enacted by Ga. L. 1998, p. 874, § 1.)

28-11-7. Authority of board to make contracts, leases, or agreements.

The board is authorized to make such contracts, leases, or agreements as may be necessary and convenient to carry out the duties and purposes for which the board is created. The board is authorized to enter into contracts, leases, or agreements with any person, firm, corporation, agency, or educational institution upon such terms and for such purposes as may be deemed advisable by the board.

(Code 1981, § 28-11-7 , enacted by Ga. L. 1998, p. 874, § 1.)

28-11-8. Report on accomplishments of institute.

On or before February 1 of each year, the board shall file a report to the members of the Legislative Services Committee. The report shall include a summary of the accomplishments of the institute during the preceding calendar year, including, but not limited to, the total number of members of the General Assembly who attended the course of training and education offered by the institute; an outline of the institute's programs for the current calendar year; an evaluation of the programs and services offered by the institute; and recommendations, if any, for legislation as may be necessary to improve the programs and services offered by the institute.

(Code 1981, § 28-11-8 , enacted by Ga. L. 1998, p. 874, § 1.)

28-12-1 through 28-12-3.

Repealed by Ga. L. 2015, p. 236, § 1-1/HB 170, effective July 1, 2016.

Editor's notes. - This chapter consisted of Code Sections 28-12-1 through 28-12-3, relating to the Special Joint Committee on Georgia Revenue Structure and was based on Ga. L. 2015, p. 236, § 1-1/HB 170.

28-13-1 through 28-13-4.

Repealed by Ga. L. 2011, p. 35, § 1/HB 265, effective July 1, 2012.

Editor's notes. - This chapter consisted of Code Sections 28-13-1 through 28-13-4, relating to the 2011 Special Council and Committee on Criminal Justice Reform, and was based on Code 1981, §§ 28-13-1 - 28-13-4, enacted by Ga. L. 2011, p. 35, § 1/HB 265.