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
§ 45-12-77. Requirement of Emergency Appropriation; Manner of Allocation

In order to provide for the emergency needs of the state agencies, which needs were not ascertainable at the time of the submission of the budget report to the General Assembly or at the time of the enactment of the General Appropriations Act, the General Appropriations Act shall contain a specific sum as an emergency appropriation. The manner of allocation of such emergency appropriation shall be as follows: the head of the budget unit desiring an allotment of funds from the appropriation shall present such request to the Governor, in such form and with such explanation as he may require, and the Governor may allow or disallow the request at his discretion. No allotment shall be made from this appropriation to a purpose which creates a continuing obligation for the state.

(Code 1933, § 40-408, enacted by Ga. L. 1962, p. 17, § 1.)

This section imposes three express conditions upon allotments made from the Governor's emergency fund; these are: (1) that the allotments be directed at the previously unbudgeted emergency needs of (2) a state agency or budget unit, and (3) that the funding not create a continuing obligation on the part of the state. 1979 Op. Att'y Gen. No. 79-70.

The "emergency" need requirement has been consistently interpreted as meaning simply that the particular need of the state agency was not previously considered and rejected in the enactment of the General Appropriations Act. 1979 Op. Att'y Gen. 79-70.

"Budget unit" as defined by Ga. L. 1962, p. 17, § 1 (see now O.C.G.A. § 45-12-71) and as used in Ga. L. 1962, p. 17, § (see now O.C.G.A. § 45-12-77) means a state department or agency which has, under general law, an independent existence and thus authority to receive and expend an appropriation; the Motor Vehicle Commission is such an agency. 1974 Op. Att'y Gen. No. 74-107.

- An overriding restriction which is implied throughout this section is that the agency receiving the allotment may only use the funds for purposes consistent with that agency's statutory authority. 1979 Op. Att'y Gen. No. 79-70.

Moneys from the Governor's emergency fund may only be allocated to state agencies; a state agency may, at the Governor's discretion, receive and expend an allocation from the emergency fund for any purpose consistent with the agency's enumerated powers for which no continuing state obligation is created. 1969 Op. Att'y Gen. No. 69-51.

- The Governor can allocate money from the Governor's emergency fund to the State Board of Pardons and Paroles for the purpose of employing a rehabilitation counselor and the board can legally expend such funds for such purpose. 1965-66 Op. Att'y Gen. No. 66-153.

The State Planning and Programming Bureau can use money from the Governor's emergency fund to prepare and furnish to a municipality a municipal planning study itself or, in the alternative, contract with a third party, such as a planning consultant, for preparation of the study by the latter. 1969 Op. Att'y Gen. No. 69-51; 1969 Op. Att'y Gen. No. 312.

The Department of Industry and Trade is authorized to conduct a labor availability study for a city and may do so with money it receives from the Governor's emergency fund. 1969 Op. Att'y Gen. No. 69-389.

Proceeds from the Governor's emergency fund may be allocated to the Department of Human Resources, Division of Vocational Rehabilitation, for the purpose of contracting with the Epilepsy Association of Georgia, Inc., for a feasibility study into the use of persons disabled by epilepsy to produce and market printed circuit boards. 1979 Op. Att'y Gen. No. 79-70.

For a discussion of the uses of emergency fund appropriations by the Children and Youth Service Council as authorized by O.C.G.A. § 49-5-2, see 1968 Op. Att'y Gen. No. 68-230.

- The authority of the Veterans Service Board to construct and operate any facilities, regardless of whether or not such power is limited to statutorily established locations, may not contradict the "continuing obligation" restriction on the use of emergency funds. 1965-66 Op. Att'y Gen. No. 66-14.

The Department of Human Resources may contract with a private institution for the purpose of providing day care and other specialized services for mentally retarded children, assign responsibility for the supervision of this contract to the Division for Children and Youth and use funds allocated from the Governor's emergency fund for these purposes, provided that they do not create a continuing obligation for the state. 1970 Op. Att'y Gen. 70-96.

The Division for Children and Youth may contract with a county to construct and equip a temporary care facility for youths, pending juvenile delinquency proceedings, provided that funds appropriated from the Governor's emergency fund do not create a continuing obligation for the state. 1970 Op. Att'y Gen. No. 70-119.

The Governor can upon the Governor's own request transfer from the Governor's emergency fund funds considered necessary by the Governor to meet the needs of "special committees" falling under the Executive Department; provided, however, the transfer of funds does not create a continuing obligation for the state. 1970 Op. Att'y Gen. No. 70-134.

There is no violation of this section when the acquisition of a building will be completed with the funds presently transferred, and when there will be no additional liability accruing to the state because of the purchase. 1972 Op. Att'y Gen. No. 72-72.

- No state agency can be authorized an allocation from the Governor's emergency fund for the extension of a municipal water main. 1969 Op. Att'y Gen. No. 69-51.

Although the Department of Industry and Trade may lawfully accept a grant from the Governor's emergency fund, such grant may not be utilized, by contract or otherwise, for the purpose of constructing a radio beacon at the Vidalia Municipal Airport. 1967 Op. Att'y Gen. No. 67-322.

The intent of Ga. L. 1962, p. 535, § 6 (see now O.C.G.A. § 35-4-7) is that each of the employers (state, county, or municipality) is authorized to pay the fees which their employees are charged by the police academy; funds obtained from the Governor's emergency fund cannot be used for the purpose of paying the fees of county and municipal police officers for attending the academy. 1965-66 Op. Att'y Gen. No. 66-18.

RESEARCH REFERENCES

Am. Jur. 2d.

- 72 Am. Jur. 2d, States, Territories, and Dependencies, § 80.

- 81A C.J.S., States, § 408.