Senate Bill 432
By: Senators Walker III of the 20th, Anavitarte of the 31st, Burns of the 23rd, Hickman of
the 4th, Jones II of the 22nd and others
AS PASSED
A BILL TO BE ENTITLED
AN ACT
To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to
extend automatic repeals of certain provisions regarding nonlapsing revenue of institutions
of the University System of Georgia and units of the Technical College System of Georgia;
to amend Title 50 of the Official Code of Georgia Annotated, relating to state government,
so as to extend automatic repeals of certain provisions regarding writing off small amounts
due to the state; to provide for related matters; to provide for an effective date; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by
revising Code Section 20-3-86, relating to nonlapsing revenue of institutions in 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shall stand repealed <ins>and reserved</ins> on July 1, <del>2026</del> <ins>2031.</ins> Not later than October 15 each
year, the board of regents shall provide to the Governor, the chairperson of the House
Committee on Appropriations, and the chairperson of the Senate Appropriations
Committee a report of all nonlapsing revenue provided for in this Code section from the
preceding fiscal year, the anticipated plans for the use of such nonlapsing revenue, the
actual expenses paid for from nonlapsing revenue from the previous fiscal year, and the
cumulative balance of nonlapsed revenue."
SECTION 2.
Said title is further amended by revising Code Section 20-4-21.1, relating to nonlapsing
revenue of institutions under the Technical College System of Georgia, as follows:
"20-4-21.1.
Revenue collected by any or all institutions under the Technical College System of Georgia
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 15 percent of the tuition collected. This
Code section shall stand repealed on July 1, <del>2026</del> <ins>2031.</ins> Not later than October 15 each
year, the State Board of the Technical College System of Georgia shall provide to the
Governor, the chairperson of the House Committee on Appropriations, and the chairperson
of the Senate Appropriations Committee a report of all nonlapsing revenue provided for
in this Code section from the preceding fiscal year, the anticipated plans for the use of such
nonlapsing revenue, the actual expenses paid for from nonlapsing revenue from the
previous fiscal year, and the cumulative balance of nonlapsed revenue."
SECTION 3.
Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended
by revising subsection (b) of Code Section 50-16-18, relating to writing off small amounts
due to state, as follows:
"(b)(1) 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 unless the agency or department
belongs to the Board of Regents of the University System of Georgia or the Technical
College System of Georgia 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 Technical College System of Georgia 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 Technical College System of
Georgia, 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, <del>2026</del> <ins>2031.
</ins> (2) On and after July 1, <del>2026</del> <ins>2031,</ins> 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."
SECTION 4.
This Act shall become effective upon its approval by the Governor or upon its becoming law
without such approval.
SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.