08 HB1183/AP
House
Bill 1183 (AS PASSED HOUSE AND SENATE)
By:
Representatives Smith of the
113th,
Royal of the
171st,
Cox of the
102nd,
Lewis of the
15th,
and Forster of the
3rd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act amending Chapter 16 of Title 50 of the Official Code of Georgia
Annotated, relating to public property, and amending Part 2 of Article 2 of
Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the
university system, approved May 29, 2003 (Ga. L. 2003, p. 313), as amended by an
Act approved May 1, 2006 (Ga. L. 2006, p. 686), so as to eliminate a June 30,
2008, repeal of a certain provision of said Act; to amend Article 1 of Chapter
16 of Title 50 of the Official Code of Georgia Annotated, relating to general
provisions relative to public property, so as to change certain provisions
relating to writing off small amounts due to the state; to amend Title 20 of the
Official Code of Georgia Annotated, relating to education, so as to change
certain provisions relating to nonlapsing revenue of institutions in the
university system; to change certain provisions relating to nonlapsing of
revenue of institutions under the Department of Technical and Adult Education;
to provide for automatic repeals of certain provisions; to provide an effective
date; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART
I
SECTION 1-1.
SECTION 1-1.
(a)
An Act amending Chapter 16 of Title 50 of the Official Code of Georgia
Annotated, relating to public property, and amending Part 2 of Article 2 of
Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the
university system, approved May 29, 2003 (Ga. L. 2003, p. 313), as amended by an
Act approved May 1, 2006 (Ga. L. 2006, p. 686), is amended by striking Section 6
of said Act and inserting in lieu thereof the following:
"SECTION
6.
Section
1 of this Act shall be repealed in its entirety on June 30, 2005; and Sections 2
and 3 of this Act shall be repealed in their entireties on June 30,
2006."
(b)
The purpose of subsection (a) of this section is to eliminate the June 30, 2008,
repeal of Section 4 of said Act, which amended subsection (b) of Code Section
50-16-18, relating to writing off small amounts due to the state.
SECTION
1-2.
Article
1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating
to general provisions relative to public property, is amended by revising
subsection (b) of Code Section 50-16-18, relating to writing off small amounts
due to the state, as follows:
"(b)(1)
All state agencies and departments, in order to preserve public funds,
are
shall
be authorized to develop appropriate
standards that comply with the policies prescribed by the state accounting
officer which will provide a mechanism to consider administratively discharging
any obligation or charge in favor of such agency or department when such
obligation or charge is $100.00 or any lesser amount unless the agency or
department belongs to the Board of Regents of the University System of Georgia
or the
Department of Technical and Adult
Education in which case the obligation or
charge in favor of the institution under the Board of Regents of the University
System of Georgia
or the
institution of the Department of Technical and Adult
Education may be $3,000.00 or any lesser
amount. This procedure shall not be available to such agency or department in
those instances where the obligor has more than one such debt or obligation in
any given fiscal year, and this provision shall be construed in favor of the
state agency or department so as not to alter the unquestioned ability of such
state agency or department to pursue any debt, obligation, or claim in any
amount whatsoever. In those instances where a debt or obligation of $100.00 or
less, or $3,000.00 or less for the institutions of the Board of Regents of the
University System of Georgia
or the
Department of Technical and Adult
Education, has been deemed to be
uncollectable, the proper individual making such determination shall transmit a
recapitulation of the efforts made to collect the debt together with all other
appropriate information, which shall include a reasonable estimate of the cost
to pursue administratively or judicially the
account,
together with a recommendation to the commissioner of such state agency or
department. In those instances where the commissioner makes a determination
that further collection efforts would be detrimental to the public´s
financial interest, a certificate reflecting this determination shall be
executed, and this certificate shall serve as the authority to remove such
uncollectable accounts from the financial records of such state agency or
department. Such certificates shall be forwarded to the state accounting
officer in a manner and at such times as are reflected in the standards
developed by the state accounting officer and the state agency or department.
This paragraph
shall stand repealed and reserved effective July 1, 2010.
(2)
On and after July 1, 2010, all state agencies and departments, in order to
preserve public funds, shall be authorized to develop appropriate standards that
comply with the policies prescribed by the state accounting officer which will
provide a mechanism to consider administratively discharging any obligation or
charge in favor of such agency or department when such obligation or charge is
$100.00 or any lesser amount. This procedure shall not be available to such
agency or department in those instances where the obligor has more than one such
debt or obligation in any given fiscal year, and this provision shall be
construed in favor of the state agency or department so as not to alter the
unquestioned ability of such state agency or department to pursue any debt,
obligation, or claim in any amount whatsoever. In those instances where a debt
or obligation of $100.00 or less has been deemed to be uncollectable, the proper
individual making such determination shall transmit a recapitulation of the
efforts made to collect the debt together with all other appropriate
information, which shall include a reasonable estimate of the cost to pursue
administratively or judicially the account, together with a recommendation to
the commissioner of such state agency or department. In those instances where
the commissioner makes a determination that further collection efforts would be
detrimental to the public´s financial interest, a certificate reflecting
this determination shall be executed, and this certificate shall serve as the
authority to remove such uncollectable accounts from the financial records of
such state agency or department. Such certificates shall be forwarded to the
state accounting officer in a manner and at such times as are reflected in the
standards developed by the state accounting officer and the state agency or
department."
PART
II
SECTION 2-1.
SECTION 2-1.
Title
20 of the Official Code of Georgia Annotated, relating to education, is amended
in Part 2 of Article 2 of Chapter 3, relating to the university system, by
revising Code Section 20-3-86, relating to nonlapsing revenue of institutions in
the university system, as follows:
"20-3-86.
Revenue
collected by any or all institutions in the university system from
tuition,
departmental sales or services, continuing education fees, technology fees, or
indirect cost recoveries shall not lapse.
The amount of
revenue from tuition that shall not lapse under this Code section shall not
exceed 3 percent of the tuition collected.
This Code section shall stand repealed on June 30,
2008
2010."
SECTION
2-2.
Said
title is further amended by revising Code Section 20-4-21.1, relating to
nonlapsing revenue of institutions under the Department of Technical and Adult
Education, as follows:
"20-4-21.1.
Revenue
collected by any or all institutions under the Department of Technical and Adult
Education from departmental sales or services, continuing education fees,
technology fees, or indirect cost recoveries shall not lapse. This Code section
shall stand repealed on June 30,
2008
2010."
PART
III
SECTION 3-1.
SECTION 3-1.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3-2.
All
laws and parts of laws in conflict with this Act are repealed.