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
§ 45-12-74. Budget Report - Preparation and Submission to General Assembly

The Governor, through the Office of Planning and Budget, shall prepare and submit a budget report to the General Assembly within five days after its organization for consideration either with or without amendments and modifications by the General Assembly.

(Code 1933, § 40-405, enacted by Ga. L. 1962, p. 17, § 1.)

OPINIONS OF THE ATTORNEY GENERAL

Estimating receipts from existing revenue sources.

- The Governor possesses the initial responsibility and authority to establish the estimate of treasury receipts from existing state revenue sources which are anticipated to be collected in the fiscal year which will be used for the purpose of providing appropriations for that fiscal year. 1979 Op. Att'y Gen. No. 79-18.

- The Governor, in preparing a revenue estimate, can delineate proposed new sources of income, a matter contemplated by O.C.G.A. § 45-12-75(2) and (6), so long as the estimate for the proposed new source is separated from the estimate of income from existing sources. Also, the General Assembly can appropriate up to the estimate of existing and proposed new sources if it first enacts the proposed new revenue measure. This type of action, that is, the adoption of "such revenue and other Acts as are necessary," is a clearly proper method of altering the budget report. These actions are legislative in nature, not executive. 1979 Op. Att'y Gen. No. 79-18.

Contemplated method by which the "amendments and modifications" may be effected is clearly delineated by O.C.G.A. § 45-12-80. 1979 Op. Att'y Gen. No. 79-18.

RESEARCH REFERENCES

Am. Jur. 2d.

- 38 Am. Jur. 2d, Governor, § 4.

- 67 C.J.S., Officers, § 198. 81A C.J.S., States, § 206.