If the state treasurer fails to perform the duties of the office, misapplies or misuses the funds of the state, or fails to account for and pay over any moneys that he or she may have received by virtue of the office, whereby the state treasurer becomes liable to the state, it shall not be necessary to bring an action on the official bond; but the Governor may issue an execution instanter against the state treasurer and the securities for the amount due the state by the state treasurer, with penalties and costs. The execution shall be directed to all and singular sheriffs of this state and shall be executed by them. The state treasurer and securities shall have only those defenses allowed tax collectors against executions issued against them by the state revenue commissioner.
History. Ga. L. 1876, p. 126, § 14; Code 1882, § 97b; Civil Code 1895, § 195; Civil Code 1910, § 224; Code 1933, § 40-1005; Ga. L. 1972, p. 1015, §§ 408, 408B, 2102, 2104; Code 1981, § 50-5-7; Code 1981, § 50-5A-6 , as redesignated by Ga. L. 1993, p. 1402, § 2; Ga. L. 1994, p. 97, § 50; Ga. L. 2010, p. 863, § 1/SB 296.
Structure Georgia Code
Chapter 5A - Office of State Treasurer
§ 50-5A-1. Office of the State Treasurer Created; State Treasurer Appointed
§ 50-5A-2. State Treasurer Required to Give Bond; Conditions
§ 50-5A-3. Property of State Treasurer Liable for Faithful Performance; Lien in Favor of State
§ 50-5A-4. Bond to Be Recorded and Filed
§ 50-5A-6. Execution Instanter Against State Treasurer When Liable to State
§ 50-5A-7. Duties of Office of the State Treasurer Generally; Investments Through Treasurer
§ 50-5A-8. State Government Expenses to Be Paid by Governor’s Warrant Drawn on Appropriations
§ 50-5A-9. Assignment to Department of Administrative Services for Administrative Purposes