40-16-7
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40-16-7.
(a)
The department shall be a budget unit to which funds may be appropriated as
provided in the 'Budget Act,' Part 1 of Article 4 of Chapter 12 of Title 45. The
department shall be an independent and distinct department of state government.
The duties of the department shall be performed by that department and not by
any other agency of state government, and the department shall not perform the
duties of any other agency of state government. The position of commissioner of
driver services shall be a separate and distinct position from any other
position in state government. The duties of the commissioner shall be performed
by the commissioner and not by any other officer of state government, and the
commissioner shall not perform the duties of any other officer of state
government.
(b)
Appropriations for functions transferred to and from the Department of Motor
Vehicle Safety and other departments may be transferred to and from such
departments as provided for in Code Section 45-12-90, relating to disposition of
appropriations for duties, purposes, and objects which have been transferred.
Personnel, equipment, and facilities previously employed for such transferred
functions shall likewise be transferred to the appropriate departments.
Contracts relating to functions transferred to and from the Department of Motor
Vehicle Safety and other departments, and any rights of renewal under such
contracts, shall also be transferred to the appropriate departments. Any
disagreement between such departments as to any such transfers shall be
determined by the Governor.
(c)
Except as specifically provided otherwise by law, all fines and forfeitures
collected for criminal violations cited by the
department́s
investigators shall, after deduction from the total fine or forfeiture of the
amounts due the Peace
Officerś
Annuity and Benefit Fund and the
Sheriffś
Retirement Fund of Georgia and any other deductions specified by law, be paid by
the clerk of the court into the fine and forfeiture fund of the county treasurer
in the same manner and subject to the same rules of distribution as other fines
and forfeitures.