SB432: SB432 Education; nonlapsing revenue of institutions of the University System of Georgia and units of the Technical College System of Georgia; extend automatic repeals

26 SB 432/AP 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 to1 extend automatic repeals of certain provisions regarding nonlapsing revenue of institutions2 of the University System of Georgia and units of the Technical College System of Georgia;3 to amend Title 50 of the Official Code of Georgia Annotated, relating to state government,4 so as to extend automatic repeals of certain provisions regarding writing off small amounts5 due to the state; to provide for related matters; to provide fo r an effective date; to repeal6 conflicting laws; and for other purposes.7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 SECTION 1.9 Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by10 revising Code Section 20-3-86, relating to nonlapsing revenue o f institutions in university11 system, as follows:12 "20-3-86.13 Revenue collected by any or a ll institutions in the university system from tuition,14 departmental sales or services, continuing education fees, technology fees, or indirect cost15 recoveries shall not lapse. The amount of revenue from tuition that shall not lapse under16 S. B. 432 - 1 - 26 SB 432/AP this Code section shall not exceed 3 percent of the tuition col lected. This Code section17 shall stand repealed and reserved on July 1, 2026 2031. Not later than October 15 each18 year, the board of regents shall provide to the Governor, the c hairperson of the House19 Committee on Appropriations, and the chairperson of the Senate Appropriations20 Committee a report of all nonlapsing revenue provided for in this Code section from the21 preceding fiscal year, the anticipated plans for the use of suc h nonlapsing revenue, the22 actual expenses paid for from nonlapsing revenue from the previ ous fiscal year, and the23 cumulative balance of nonlapsed revenue."24 SECTION 2.25 Said title is further amended by revising Code Section 20-4-21. 1, relating to nonlapsing26 revenue of institutions under the Technical College System of Georgia, as follows:27 "20-4-21.1.28 Revenue collected by any or all institutions under the Technical College System of Georgia29 from tuition, departmental sales or services, continuing education fees, technology fees, or30 indirect cost recoveries shall not lapse. The amount of revenue from tuition that shall not31 lapse under this Code section shall not exceed 15 percent of th e tuition collected. This32 Code section shall stand repealed on July 1, 2026 2031. Not later than October 15 each33 year, the State Board of the Technical College System of Georgi a shall provide to the34 Governor, the chairperson of the House Committee on Appropriations, and the chairperson35 of the Senate Appropriations Committee a report of all nonlapsi ng revenue provided for36 in this Code section from the preceding fiscal year, the anticipated plans for the use of such37 nonlapsing revenue, the actual expenses paid for from nonlapsin g revenue from the38 previous fiscal year, and the cumulative balance of nonlapsed revenue."39 S. B. 432 - 2 - 26 SB 432/AP SECTION 3.40 Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended41 by revising subsection (b) of Code Section 50-16-18, relating to writing off small amounts42 due to state, as follows:43 "(b)(1) All state agencies and departments, in order to preserv e public funds, shall be44 authorized to develop appropriate standards that comply with the policies prescribed by45 the state accounting officer which will provide a mechanism to consider administratively46 discharging any obligation or charge in favor of such agency or department when such47 obligation or charge is $100.00 or a ny lesser amount unless the agency or department48 belongs to the Board of Regents of the University System of Geo rgia or the Technical49 College System of Georgia in which case the obligation or charg e i n f a v o r o f t h e50 institution under the Board of Regents of the University System of Georgia or the51 institution of the Technical College System of Georgia may be $3,000.00 or any lesser52 amount. This procedure shall not be available to such agency o r department in those53 instances where the obligor has more than one such debt or obligation in any given fiscal54 year, and this provision shall be construed in favor of the state agency or department so55 as not to alter the unquestioned ability of such state agency or department to pursue any56 debt, obligation, or claim in any amount whatsoever. In those instances where a debt or57 obligation of $100.00 or less, or $3,000.00 or less for the ins titutions of the Board of58 Regents of the University System of Georgia or the Technical Co llege System of 59 Georgia, has been deemed to be uncollectable, the proper indivi dual making such60 determination shall transmit a recapitulation of the efforts ma de to collect the debt61 together with all other appropriate information, which shall include a reasonable estimate62 of the cost to pursue administratively or judicially the accoun t, together with a63 recommendation to the commissioner of such state agency or depa rtment. In those64 instances where the commissioner makes a determination that further collection efforts65 would be detrimental to the public's financial interest, a cert ificate reflecting this66 S. B. 432 - 3 - 26 SB 432/AP determination shall be executed, and this certificate shall serve as the authority to remove67 such uncollectable accounts from the financial records of such state agency or68 department. Such certificates shall be forwarded to the state accounting officer in a69 manner and at such times as are reflected in the standards deve loped by the state70 accounting officer and the state agency or department. This pa ragraph shall stand71 repealed and reserved effective July 1, 2026 2031.72 (2) On and after July 1, 2026 2031, all state agencies and departments, in order to73 preserve public funds, shall be authorized to develop appropriate standards that comply74 with the policies prescribed by the state accounting officer wh ich will provide a75 mechanism to consider administratively discharging any obligation or charge in favor of76 such agency or department when such obligation or charge is $10 0.00 or any lesser77 amount. This procedure shall not be available to such agency o r department in those78 instances where the obligor has more than one such debt or obligation in any given fiscal79 year, and this provision shall be construed in favor of the state agency or department so80 as not to alter the unquestioned ability of such state agency or department to pursue any81 debt, obligation, or claim in any amount whatsoever. In those instances where a debt or82 obligation of $100.00 or less has been deemed to be uncollectable, the proper individual83 making such determination shall transmit a recapitulation of the efforts made to collect84 the debt together with all other appropriate information, which shall include a reasonable85 estimate of the cost to pursue administratively or judicially the account, together with a86 recommendation to the commissioner of such state agency or depa rtment. In those87 instances where the commissioner makes a determination that further collection efforts88 would be detrimental to the public's financial interest, a cert ificate reflecting this89 determination shall be executed, and this certificate shall serve as the authority to remove90 such uncollectable accounts from the financial records of such state agency or91 department. Such certificates shall be forwarded to the state accounting officer in a92 S. B. 432 - 4 - 26 SB 432/AP manner and at such times as are reflected in the standards deve loped by the state93 accounting officer and the state agency or department."94 SECTION 4.95 This Act shall become effective upon its approval by the Governor or upon its becoming law96 without such approval.97 SECTION 5.98 All laws and parts of laws in conflict with this Act are repealed.99 S. B. 432 - 5 -