Art. III, Sec. IX, Para. I. Public money, how drawn.

Withdrawals only by warrant of Governor, § 45-12-21.

1976 Constitution.

Art. III, Sec. X, Para. I.

sury and Fiscal Services.

Under this paragraph, it is the duty of the Treasurer (now director of the Office of Treasury and Fiscal Services) to keep safely the funds of the state, and to pay out the funds only upon the warrants of the Governor, when countersigned by the Comptroller General, excepting drafts of the President of the Senate or Speaker of the House for sums due to the members or officers thereof. Gurnee, Jr. & Co. v. Speer, 68 Ga. 711 (1882) (see Ga. Const. 1983, Art. III, Sec. IX, Para. I). Warrant is not a contract, but a revocable license. Fletcher v. Renfroe, 56 Ga. 674 (1876). Act not to be held unconstitutional

where appropriation not at issue.

Act (Ga. L. 1943, p. 401) amending Workers’ Compensation Law (see now O.C.G.A. Ch. 9, T. 34) so far as it provides for compensation for past accidents of employees of a state department that had previously operated under the Workers’ Compensation Law, could not be held unconstitutional on ground that no appropriation for payment of such claims had been made where the only issue was the right to establish liability against the Highway Department (now Department of Transportation) and the matter of discharging such liability was not involved. State Hwy. Dep’t v. Bass, 197 Ga. 356, 29 S.E.2d 161 (1944). Cited in Nance v. Daniel, 183 Ga. 538, 189 S.E. 21 (1936); Irons v. Harrison, 185 Ga. 244, 194 S.E. 749 (1937); Wright v. Forrester, 192 Ga. 864, 16 S.E.2d 873 (1941); State Ports Auth. v. Arnall, 201 Ga. 713, 41 S.E.2d 246 (1947); Maynard v. Thrasher, 77 Ga. App. 316, 48 S.E.2d 471 (1948); Gregory v. Hamilton, 215 Ga. 735, 113 S.E.2d 395 (1960); Georgia Ass’n of Educators v. Harris, 403 F. Supp. 961 (N.D. Ga. 1975); Briarcliff Haven, Inc. v. Department of Human Resources, 403 F. Supp. 1355 (N.D. Ga. 1975); Wilson v. Board of Regents, 246 Ga. 649, 272 S.E.2d 496 (1980); Buskirk v. State, 267 Ga. 769, 482 S.E.2d 286 (1997); Stalling v. State, 312 Ga. App. 154, 717 S.E.2d 733 (2011).

excuses failure to perform official duties.

A public official will be excused from carrying out an official duty upon failure of the General Assembly to appropriate funds for performance, if, but only if, the official is able to show that the resulting lack of funds, together with an inability to obtain the same, make performance impossible. Failure of the General Assembly to appropriate moneys for a specific official duty might not justify a failure to perform where the official has received a general appropriation and could divert a portion thereof to carry out the official’s statutory or official duty. 1969 Op. Att’y Gen. No. 69-174. State agency is not authorized to pledge credit of the state. 1974 Op. Att’y Gen. No. 74-115; Position Paper, 8-8-78, 1978 Op. Att’y Gen. p. 267. State agency is not authorized to collect fees and deposit the fees in its own account, but rather such fees must be paid over in compliance with this paragraph and Ga. Const. 1976, Art. VII, Sec. II, Para. III (see Ga. Const. 1983, Art. VII, Sec. III, Para. II). 1948-49 Op. Att’y Gen. p. 631 (see Ga. Const. 1983, Art. III, Sec. IX, Para. I). This paragraph generally prohibits state organizations from collecting money and using that money for their own programs. 1971 Op. Att’y Gen. No. 71-126 (see Ga. Const. 1983, Art. III, Sec. IX, Para. I). Allocation of particular source of

income for particular agency precluded.

This paragraph and Ga. Const. 1976, Art. VII, Sec. II, Para. III (see Ga. Const. 1983, Art. VII, Sec. III, Para. II), when read in conjunction with Art. III, Sec. X, Para. VII (see Ga. Const. 1983, Art. III, Sec. IX, Para. VI), preclude both the practice of allocating particular sources of income for the use of a particular agency and the allocation of the fees, or any part of the fees, collected by the various examining boards to meet their expenses, and further preclude any implied commitment on the part of the General Assembly to appropriate to the examining boards an amount equal to the total fees generated. 1976 Op. Att’y Gen. No. 76-93. counts must be paid into general

Collections from delinquent acfund.

While this paragraph and Ga. Const. 1976, Art. III, Sec. X, Para. VII, and Art. VII, Sec. II, Para. III (see Ga. Const. 1983, Art. III, Sec. IX, Para. VI, and Art. VII, Sec. III, Para. II) do not specifically provide that money recovered for contractual violations or delinquent accounts be paid into the treasury, such money must be paid into the state treasury, and not earmarked. 1971 Op. Att’y Gen. No. 71-126 (see Ga. Const. 1983, Art. III, Sec. IX, Para. I). Examining board may not use

funds acquired from license fees.

Because license fees were remitted to the State Treasurer (now director of the Office of Treasury and Fiscal Services) as required by former Code 1933, § 84-101 (see now O.C.G.A. § 43-1-3), the only method by which an examining board may acquire the use of these funds was pursuant to an appropriation by the General Assembly. 1972 Op. Att’y Gen. No. 72-112.

Application fees nonrefundable.

Application fees by the joint secretary of the state examining boards, which are paid into the state treasury, are nonrefundable unless there is express statutory authority to do so. 1975 Op. Att’y Gen. No. 75-69. Method of distributing funds to

Georgia Real Estate Commission.

The lawful method of distribution of funds to the Georgia Real Estate Commission calls for the Secretary of State to exercise the secretary’s discretion in dividing the total appropriation for the joint secretary’s office among the various examining boards including the Georgia Real Estate Commission. 1976 Op. Att’y Gen. No. 76-93.

Am. Jur. 2d.

63C Am. Jur. 2d, Public Funds, § 44 et seq.

ALR.

Constitutionality of statute appropriating money to reimburse public officer or employee for money paid or liability incurred by him in consequence of breach of duty, 155 ALR 1438. What constitutes moral obligation justifying appropriation of public moneys for benefit of an individual, 172 ALR 1407.