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
§ 45-12-78. Heads of Budget Units to Submit Annual Estimates; Preparation and Submission of Budget Estimates of Legislative and Judicial Agencies; Review of Budget Estimates by Office of Planning and Budget

1. The head of each budget unit, other than the General Assembly and the judiciary, shall annually submit to the Office of Planning and Budget estimates of the financial requirements of the budget unit for the next fiscal year, by the date set by the director of the Office of Planning and Budget, which shall be no earlier than August 1 of each year, on the forms and in the manner prescribed by the Office of Planning and Budget, with such explanatory data as is required by the Office of Planning and Budget. Such submission shall utilize such budget classes and be within such expenditure parameters as may be established by the Governor. The head of a budget unit also may submit such additional data as is helpful. The estimates so submitted shall bear the approval of the board or commission of each budget unit for which a board or commission is constituted.
2. Except as otherwise provided in this subsection, the budget estimates for the General Assembly, including all the legislative agencies, shall be prepared by the Speaker of the House of Representatives and the President of the Senate and such other legislative officers as appropriate and shall be submitted to the director of the budget at the same time as other budget estimates are submitted. The Department of Audits and Accounts, for the purpose of this part, is a legislative agency and shall be construed in all respects as such; and the budget estimate for said department shall be prepared by the state auditor and shall be included in the budget report without revision and shall not be subject to review or control by the Office of Planning and Budget. The state treasurer shall assist in the preparation of these budget estimates, if requested. Effective with the budget estimates for the fiscal year beginning July 1, 1985, the budget estimates for the Senate, the office of the Lieutenant Governor, and the office of the Secretary of the Senate shall be prepared by the Senate; the budget estimates for the House of Representatives, the office of the Speaker of the House of Representatives, and the office of the Clerk of the House of Representatives shall be prepared by the House of Representatives; and the budget estimates for the Office of Legislative Counsel, the Office of Legislative Fiscal Officer, and the Office of Legislative Budget Analyst shall be prepared by the Legislative Services Committee.All of such budget estimates shall include such object classes as the Legislative Services Committee shall determine, and transfers of funds may be made between such object classes. Funds may also be transferred between the Senate, the office of the Lieutenant Governor, and the office of the Secretary of the Senate. Funds may also be transferred between the House of Representatives, the office of the Speaker of the House of Representatives, and the office of the Clerk of the House of Representatives.Funds may also be transferred between the Office of Legislative Counsel, the Office of Legislative Fiscal Officer, and the Office of Legislative Budget Analyst.
3. Budget estimates for the judiciary shall be prepared by the Chief Justice of the Supreme Court and the Chief Judge of the Court of Appeals and such other judicial officers as appropriate and shall be submitted to the director of the budget at the same time as other budget estimates are submitted. The state treasurer shall assist in the preparation of these budget estimates, if requested.
4. All of the data relative to the legislative and judicial branches of the government shall be for the information and guidance of the Office of Planning and Budget in estimating the total financial needs of the state for the ensuing period, but none of these estimates shall be subject to revision or review by the Office of Planning and Budget and must be included in the budget report as prepared by it.
5. To effect the goal of decentralization, prior to September 1 of each year, the Office of Planning and Budget shall send all requests for new, expanded, relocated, or renovated rental real estate space to the State Properties Commission. The State Properties Commission shall return such evaluation to the Office of Planning and Budget prior to the Governor's submission of the budget to the General Assembly as provided in Code Section 45-12-79.

(Code 1933, § 40-409, enacted by Ga. L. 1962, p. 17, § 1; Ga. L. 1973, p. 673, §§ 6, 7; Ga. L. 1984, p. 359, § 8; Ga. L. 1985, p. 149, § 45; Ga. L. 1985, p. 669, § 2; Ga. L. 1993, p. 1402, § 18; Ga. L. 1993, p. 1914, § 6; Ga. L. 1994, p. 1865, § 2; Ga. L. 2005, p. 976, § 3/HB 509; Ga. L. 2008, p. 577, § 19/SB 396; Ga. L. 2010, p. 863, § 3/SB 296.)

- 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.' "

Although the budget bureau may in its discretion alter its policies regarding expenditure control, the Governor's informal 1945 order requiring a hearing and an award by the State Board of Workers' Compensation before any compensation can be paid to employees of the various departments of the state under the Workers' Compensation Act, O.C.G.A. Ch. 9, T. 34, continues in force and effect. 1969 Op. Att'y Gen. No. 69-52.

- The appellate courts may designate their fiscal officers to handle their payrolls under procedures satisfactory to the appellate courts and Office of Planning and Budget; in the establishment of these procedures, the Office of Planning and Budget as an arm of the Executive Department of state government must be ever mindful of the delicate balance of power between the executive and the judiciary recognized by the General Assembly, in, for instance, O.C.G.A. §§ 45-12-78,45-12-82 and45-12-83, and founded upon the constitutional principle of the separation of powers. 1971 Op. Att'y Gen. No. 71-100.

RESEARCH REFERENCES

Am. Jur. 2d.

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

- 81A C.J.S., States, § 414.