Definitions

1. Law
2. Georgia Code
3. General Assembly
4. Financial Affairs
5. Fair and Open Grants
6. Definitions

As used in this article, the term:

1. "Grant" means any line item appropriation of funds that will be disbursed for a public purpose of which such amount, purpose, and recipient is not identified in the appropriations Act.For the purposes of this Code section, "grant" shall not include:
   1. Disbursements made pursuant to the Quality Basic Education formula;
   2. Disbursements made pursuant to the board of regents funding formula;
   3. Any grant, by law, which is apportioned entirely by formula;
   4. Common object classes excluding per diem, fees, and contracts;
   5. Disbursements made through the Governor's Emergency Fund; or
   6. Any disbursements made pursuant to an emergency.
2. "State agency" means any department, agency, bureau, commission, or like unit of organization of state government and any state authority.

(Code 1981, §28-5-121, enacted by Ga. L. 1993, p. 1914, § 20.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1993, "appropriations Act" was substituted for "Appropriation Act" in the first sentence in paragraph (1).

Pursuant to Code Section 28-9-5, in 1997, "appropriations" was substituted for "appropriation" at the end of the first sentence of paragraph (1).

OPINIONS OF THE ATTORNEY GENERAL

Applicability of O.C.G.A. Title 28, Chapter 5, Article 5.

- O.C.G.A. Title 28, Chapter 5, Article 5 does not apply to all expenditures from appropriations for "per diem, fees, and contracts" but only applies to disbursements for "grants" to local governments. 1993 Op. Att'y Gen. No. 93-13.

The exemption provided by O.C.G.A. § 28-5-121(1)(D) does not apply to grants made to local governments by the Department of Transportation for the construction, maintenance, or improvement of public roads within their jurisdiction merely because the funds used by the Department for such grants are appropriated in the "capital outlay" object class. 1994 Op. Att'y Gen. No. 94-1.

Language required to be in appropriations Act.

- A listing in the "Comparative Summary" or "Track Sheet" published by the Legislative Budget Office does not suffice to satisfy the exclusion of grant appropriations which list recipient, amount, and purpose since the "Comparative Summary" is an administrative document only and does not have the force of law or a binding expression of legislative intent and in any event, O.C.G.A. Art. 5, Ch. 5, T. 28 requires that the language be in the appropriations Act and does not mention the "Track Sheet". 1993 Op. Att'y Gen. No. 93-13.

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