---
title: O.C.G.A. § 45-12-92.1. Fees which are not revenue measures; utilization of proceeds.
collection: code
id: 45-12-92.1
cite_as: O.C.G.A. § 45-12-92.1 (2025)
canonical_url: https://georgiacommons.org/code/45-12-92.1
md_url: https://georgiacommons.org/code/45-12-92.1.md
text_url: https://georgiacommons.org/code/45-12-92.1/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t45-(v33)-2016-pdf.pdf?sfvrsn=cde47f8a_0#page=348
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
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publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: PUBLIC OFFICERS AND EMPLOYEES / GOVERNOR / OFFICE OF PLANNING AND BUDGET / MANAGEMENT OF BUDGETARY AND FINANCIAL AFFAIRS
---

# O.C.G.A. § 45-12-92.1. Fees which are not revenue measures; utilization of proceeds.

(a) The General Assembly finds and determines that certain fees imposed or authorized by law are not ‘‘revenue measures’’ within the meaning of Article VII, Section III, Paragraph II of the Constitution but only incidentally create revenue pursuant to the facilitation of another primary purpose.

(b) When any other provision of law imposes or authorizes the imposition of a fee and recites that such fee is subject to this Code section:

(1) The agency or other entity imposing and collecting the fee shall not pay the proceeds of the fee into the general fund of the state treasury but shall rather retain and expend the proceeds for purposes of defraying the costs of administering the program or activity with which the fee is associated; and

(2) If the amount of the fee is fixed by the agency or other entity pursuant to the law authorizing the fee, the fee shall be fixed in a reasonable amount such that the proceeds of the fee do not exceed the total direct and indirect costs of administering the program or activity with which the fee is associated.

## History

Code 1981, § 45-12-92.1, enacted by Ga. L. 2010, p. 9, § 1-84.1/HB 1055.

## Cross References

Provider Payment Agreement Act, T. 31, C. 8, A. 6.