Governor's Power to Use Allocated Funds to Pay Teachers; Borrowing to Replace Funds

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The Governor is authorized to use any funds in the treasury, which may have been allocated for any special fund or purpose, for the payment of public school teachers to avoid increasing the public debt of the state. Such funds shall be used without payment of interest thereon and it shall be the duty of the Governor, when any fund shall be so used, to replace the fund or funds by borrowing the amount used, if necessary, at such time as will not interfere with the expenditure for the purpose appropriated of any special or allocated funds or funds so drawn upon by the Governor by virtue of the authority granted in this Code section.

(Ga. L. 1927, p. 167, § 2; Code 1933, § 32-1302; Ga. L. 1987, p. 3, § 20; Ga. L. 2001, p. 4, § 20.)

Cross references.

- Provision that money collected from taxes, fees, and assessments for state purposes shall be paid into general fund, Ga. Const. 1983, Art. VII, Sec. III, Para. II.

OPINIONS OF THE ATTORNEY GENERAL

Section was made ineffective by the adoption of Ga. Const. 1945, Art. VII, Sec. II, Para. III (see now Ga. Const. 1983, Art. VII, Sec. III, Para. II), which abolished special or allocated funds and required that all funds of the state be paid into the general fund. 1948-49 Op. Att'y Gen. p. 642.

RESEARCH REFERENCES

Am. Jur. 2d.

- 72 Am. Jur. 2d, States, Territories, and Dependencies, § 86.


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