2020 Georgia Code
Title 45 - Public Officers and Employees
Chapter 12 - Governor
Article 4 - Office of Planning and Budget
Part 1 - Management of Budgetary and Financial Affairs
§ 45-12-73. Powers and Duties Generally

The Office of Planning and Budget, at the direction and under the control of the Governor and subject to this part, shall perform the following functions:

1. Develop and implement a process of strategic planning to establish and periodically update an overall plan for state government and require all state agencies to develop a strategic plan that is consistent with that overall state plan.The Office of Planning and Budget may assist departments, boards, bureaus, commissions, institutions, authorities, and other agencies in developing those plans and in tailoring them to those organizations' program needs;
2. Develop and implement a program budgeting system that relates funding to achievement of established goals and objectives, measures agency performance against attainment of planned outcomes, and provides for program evaluations for policy and funding determinations.Program evaluations may include cost benefit analyses, decision analyses, statistical analyses, comparisons with similar programs in other jurisdictions, relevant historical trends, and demographic factors and other useful techniques;
3. Develop financial policies and plans as the basis for budget recommendations to the General Assembly and prepare detailed documents in accordance with such financial policies and plans for presentation to the General Assembly. The Office of Planning and Budget shall make its records and information available at all times to the General Assembly and its designees;
4. Coordinate the fiscal affairs and procedures of the state to assure the carrying out of the financial plans and policies approved by the General Assembly, including the administration of a system of annual operating budgets and amendments thereto and of expenditure control;
5. Develop plans for improvements and economies in organization and operation of the state agencies and implement such plans as are approved by the General Assembly;
6. Develop a long-term capital improvements budget which emphasizes decentralization of state government and which is consistent with the overall strategic plan for consideration by the General Assembly;
7. Analyze financial and administrative aspects of proposed legislation;
8. Provide such assistance as the General Assembly may request and be available to assist its appropriations committees with any needed information or material;
9. Perform all other duties provided for in this part and such other duties as the General Assembly may from time to time prescribe;
10. In an effort to improve responsiveness of government and the effective and efficient delivery of services, provide leadership in initiating, organizing, and operating partnerships and collaborations among public and private entities having common or overlapping missions, purposes, roles, responsibilities, clients, or other similar relationships;
11. Consult with the General Assembly on a regular basis concerning the development and implementation of the strategic planning process, the development of outcome measures for program evaluation, and the implementation of the other provisions of this article; and
12. Promulgate rules and regulations governing:
    1. The use of passenger-carrying automobiles purchased or leased by any office, agency, department, board, bureau, commission, institution, authority, or other entity of the state;
    2. The rental of passenger-carrying automobiles by officials, officers, and employees of the state and for reimbursement of rental expense;
    3. A system of billings for motor vehicle service including the provision of fuel, maintenance, and repair costs for vehicles which are owned or leased by any office, agency, department, board, bureau, commission, institution, authority, or other entity of the state; and
    4. Acquisition, utilization, preventive maintenance, repair, and replacement of all other motor vehicles, exclusive of the off-the-road and highly specialized motor vehicle equipment as defined by the Office of Planning and Budget, owned or leased by any office, agency, department, board, bureau, commission, institution, authority, or other entity of the state.

(Code 1933, § 40-404, enacted by Ga. L. 1962, p. 17, § 1; Ga. L. 1993, p. 1914, § 3; Ga. L. 1994, p. 1865, § 1; Ga. L. 2005, p. 117, § 16/HB 312; Ga. L. 2005, p. 976, § 2/HB 509.)

- Powers and duties of director of Office of Planning and Budgeting in implementing Residential Conservation Service Act of 1981, T. 46, C. 4A.

- Pursuant to Code Section 28-9-5, in 1993, in the second sentence in paragraph (2), "factors" was substituted for "factors," and a semicolon was substituted for a period at the end.

- The State Department of Audits and Accounts and the State Office of Planning and Budget are authorized and directed by Ga. L. 1979, p. 1365 (Senate Resolution No. 101; see § 45-7-28.1) to develop, issue, review and revise rules and regulations governing reimbursement of travel expenses of employees of state agencies, boards, and commissions.

The State Department of Audits and Accounts is further authorized and directed to include in its annual audit of the financial accounts of state agencies, boards, and commissions any audit exception to the rules and regulations.

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

Resolution Act No. 48 (Senate Resolution No. 101), approved April 19, 1979 (Ga. L. 1979, p. 1365), relating to the development, issuance, review, and revision of employee travel reimbursement policies by the Department of Audits and the Office of Planning and Budget, was repealed by Ga. L. 2005, p. 694, § 41.

OPINIONS OF THE ATTORNEY GENERAL

Promulgation of rules and regulations.

- Although both the Office of Planning and Budget and the Department of Administrative Services have the authority to promulgate rules and regulations, they can only do so via the narrowly defined limitations imposed by the General Assembly, for to do otherwise would be an improper delegation of legislative authority. 1972 Op. Att'y Gen. No. 72-73.

- Funds collected by the Department of Defense (DOD) as billeting funds or armory rentals pursuant to regulations issued under O.C.G.A. § 38-2-195 are state funds which may be retained by DOD. The management of the funds is subject to requirements of the Office of Planning and Budget, the state auditor, and the State Depository Board. 1993 Op. Att'y Gen. No. 93-4.

RESEARCH REFERENCES

C.J.S.

- 73 C.J.S., Public Administrative Law and Procedure, § 23. 81A C.J.S., States, §§ 234-241.