2020 Georgia Code
Title 45 - Public Officers and Employees
Chapter 7 - Salaries and Fees
Article 2 - Reimbursement of Expenses
§ 45-7-26. Advance Travel Funds - Rules and Regulations for Accounting of Funds

Universal Citation: GA Code § 45-7-26 (2020)

The director of the Office of Planning and Budget shall develop the necessary rules, regulations, and procedures to govern the advance of state funds to employees prior to travel in the conduct of official state business and to provide for proper accounting of the state funds advanced to such employees on a timely basis following such employees' return from travel status.

(Ga. L. 1973, p. 842, § 2.)

OPINIONS OF THE ATTORNEY GENERAL

Authorized purposes not unconstitutional.

- The use of public funds for the purposes authorized under Ga. L. 1973, p. 842, §§ 1 through 4 (see now O.C.G.A. §§ 45-7-25 through45-7-28) does not violate Ga. Const. 1945, Art. VII, Sec. I, Para. II (see now Ga. Const. 1983, Art. III, Sec. VI, Para. VI) or Ga. Const. 1945, Art. VII, Sec. III, Para. IV (see Ga. Const. 1983, Art. VII, Sec. IV, Para. VIII). 1973 Op. Att'y Gen. No. 73-87.

Authorized purposes do not constitute a gratuity or a loan.

- The procedures authorized by Ga. L. 1973, p. 842, §§ 1 through 4 (see now O.C.G.A. §§ 45-7-25 through45-7-28) do not constitute either a gratuity or a loan to an employee; payments to an employee to compensate the employee for expenses to be incurred in rendering services to the state clearly do not constitute a gratuity when the employee is accountable for the employee's failure to employ the funds for that purpose; nor do such payments constitute a loan simply because there is a requirement that the employee account for such funds. 1973 Op. Att'y Gen. No. 73-87.

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, § 287 et seq.

C.J.S.

- 67 C.J.S., Officers and Public Employees, §§ 386, 388.

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