Jurisdiction to Cite Defaulting Officers, Depositories, or Sureties for Accounting and to Issue Execution

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Jurisdiction to cite defaulting collecting officers, officers to hold public funds, depositories, or the sureties on their bonds for an accounting and to issue executions against them is conferred and vested as follows:

  1. As to state officials and their sureties, assistants, and employees of any state office and their sureties, and depositories of the funds of the state or any of its bureaus, commissions, boards, or departments, and their sureties, in the Governor;
  2. As to other collecting officers and officers to hold public funds, so far as relates to taxes, revenues, or funds of the state or any of its bureaus, commissions, boards, or departments, in the state revenue commissioner;
  3. As to collecting officers and officers to hold public funds, so far as relates to revenues or funds of a municipality or county, or any board, bureau, or other tribunal or body exercising jurisdiction solely in such county, or of any school district, drainage district, or any other district in such county, and as to banks or depositories in which the revenues or other funds or any of these have been deposited, and as to the sureties on the bonds of any of said officers, banks, or depositories, in the county authority of said county or the governing body of the municipality;
  4. In any case not covered by paragraph (1), (2), or (3) of this Code section, in the comptroller general.

(Ga. L. 1933, p. 78, § 8; Code 1933, § 89-817; Ga. L. 2013, p. 141, § 45/HB 79.)

OPINIONS OF THE ATTORNEY GENERAL

Additional duties imposed on officials.

- Since the duty to comply with the deposit security law falls upon institutions under the supervision of the Department of Banking and Finance, the department is obligated to take whatever steps are necessary to ensure that violations are cured and not repeated. This obligation is in addition to the obligations imposed upon the Comptroller General and other officials by this section. 1979 Op. Att'y Gen. No. 79-12.


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