Bill Text: GA HB811 | 2011-2012 | Regular Session | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Budgetary and financial affairs; automatic fee adjustment in certain cases; provide

Spectrum: Partisan Bill (Republican 7-0)

Status: (Engrossed - Dead) 2012-03-29 - Senate Conference Committee Appointed [HB811 Detail]

Download: Georgia-2011-HB811-Enrolled.html

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12 LC 28 6109ERS

House Bill 811 (COMMITTEE SUBSTITUTE)

By: Representatives Powell of the 171st, Meadows of the 5th, England of the 108th, Hamilton of the 23rd, Nix of the 69th, and others

A BILL TO BE ENTITLED
AN ACT

To amend Titles 45, 12, and 15 of the Official Code of Georgia Annotated, relating to public officers, conservation and natural resources, and courts, respectively, so as to provide for automatic fee adjustments in cases where funds are not appropriated in certain amounts for specified purposes when certain fees are imposed for such purposes; to provide for definitions, procedures, conditions, and limitations; to provide for corresponding changes; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Title 45 of the Official Code of Georgia Annotated, relating to public officers, is amended by adding a new Code section to read as follows:

"45-12-92.2.

(a) As used in this Code section, the term:

(1) 'Base amount' means the amount of fee proceeds collected during the complete fiscal year which immediately precedes the fiscal year for which the current appropriation amount is determined with respect to an individual fee which proceeds are required to be remitted for:

(A) Deposit in the general fund of the state for use for purposes specified by general law;

(B) Use for a specified purpose;

(C) Deposit into a trust fund created by general law; or

(D) Deposit into a trust fund provided for under the Constitution of Georgia or use for a specified purpose provided for under the Constitution of Georgia when such proceeds are not directly earmarked thereunder or when the General Assembly is authorized thereunder, but not required, to appropriate funds thereto.

When a fee amount has been reduced pursuant to any provision of this Code section, then for purposes of calculating amounts as required under this Code section for the next fiscal year, the term shall mean the amount of fee proceeds that would have been collected during a specified fiscal year under the original, unreduced amount of the fee.

(2) 'Collecting agency' means:

(A) For the fees identified in subparagraphs (A) and (B) of paragraph (4) of this subsection, the state department, state agency, public officer, public official, or public entity which collects or receives proceeds of the fee; and

(B) For the fees identified in subparagraphs (C) through (J) of paragraph (4) of this subsection, the Georgia Superior Court Clerks' Cooperative Authority.

(3) 'Current appropriation amount' means the total amount of funds which were appropriated for a purpose or function described under a subparagraph of paragraph (4) of this subsection during the fiscal year which immediately precedes the fiscal year for which the new appropriation amount is determined for which the calculations are required under subsection (b) of this Code section.

(4) 'Fee' means the:

(A) Solid waste disposal surcharge fee provided for under subsection (e) of Code Section 12-8-39 for the hazardous waste trust fund;

(B) Tire disposal fee provided for under subsection (h) of Code Section 12-8-40.1 for the solid waste trust fund;

(C) Additional penalty sum provided for under subparagraph (a)(1)(A) of Code Section 15-21-73 for peace officer and prosecutor training;

(D) Additional penalty sum provided for under subparagraph (a)(1)(B) of Code Section 15-21-73 for indigent criminal defense;

(E) Additional penalty sum provided for under subparagraph (a)(2)(A) of Code Section 15-21-73 for bond forfeitures for peace officer and prosecutor training;

(F) Additional penalty sum provided for under subparagraph (a)(2)(B) of Code Section 15-21-73 for indigent criminal defense;

(G) Additional penalty sum provided for under subsection (a) of Code Section 15-21-179 for the driver education and training fund;

(H) Additional filing fee provided for under subsection (a) of Code Section 15-21A-6 for indigent criminal defense;

(I) Additional filing fee provided for under subsection (b) of Code Section 15-21A-6 for indigent criminal defense; and

(J) Additional application fee provided for under subsection (c) of Code Section 15-21A-6 for indigent criminal defense.

(5) 'New appropriation amount' means the total amount of funds which are appropriated for a purpose or function described under a subparagraph of paragraph (4) of this subsection for the newly commencing fiscal year for which the calculations are required under subsection (b) of this Code section.

(b) Effective for the fiscal year beginning July 1, 2013, and each fiscal year thereafter:

(1) The Office of Planning and Budget shall determine the base amount for the particular purpose or function as described under a subparagraph of paragraph (4) of subsection (a) of this Code section;

(2) The Office of Planning and Budget shall determine the current appropriation amount and the new appropriation amount;

(3) The Office of Planning and Budget shall determine an amount equal to 20 percent of the base amount and shall add the amount so determined to the current appropriation amount. This sum shall be the target appropriation amount;

(4) If the new appropriation amount is equal to or greater than 95 percent of the base amount or is equal to or greater than the target appropriation amount, then the amount of the fee shall not be reduced under this Code section;

(5) If the new appropriation amount is less than the target appropriation amount, then the amount of the fee shall be reduced automatically by operation of this Code section by 20 percent for the fiscal year beginning on July 1. Any fee amount adjusted pursuant to this paragraph shall be rounded to the nearest whole dollar amount. Immediately following the date the General Appropriations Act for the newly commencing fiscal year is approved by the Governor or becomes law without such approval, the Office of Planning and Budget shall notify the appropriate collecting agency of the adjusted fee amount; and

(6) For any fiscal year following a fee reduction under paragraph (5) of this subsection, if the new appropriation amount is equal to or greater than the target appropriation amount, then the fee amount shall, by operation of law, be increased back to the fee amount in place immediately prior to the most recent such reduction.

(c) For purposes of the calculations required under this Code section, each time that a 20 percent amount has been added to a prior appropriation amount under paragraph (3) of subsection (b) of this Code section, that amount shall remain cumulative and shall remain as a part of the target appropriation amount for purposes of the calculations required under subsection (b) of this Code section for the next fiscal year.

(d)(1) Except as otherwise provided in paragraph (2) or (3) of this subsection, calculations under subsection (b) of this Code section shall continue in effect for a fee for each fiscal year until the new appropriation amount is equal to or greater than 95 percent of the target appropriation amount.

(2) If, in any subsequent fiscal year, the new appropriation amount is less than 95 percent of the base amount, then there shall be a commensurate fee reduction applicable to that fee amount effective the first day of the subsequent fiscal year in such amount as may be necessary to offset the difference between the new appropriation amount and the base amount in such fiscal year.

(3) In the event that the 20 percent addition required under paragraph (3) of subsection (b) of this Code section results in the target appropriation amount to equal or exceed 95 percent of the base amount, then there shall be no reduction in the fee amount under this Code section for the applicable fiscal year.

(e) In the event that a portion of the proceeds of a particular fee are directed by general law to be remitted by a collecting agency directly to a local governing authority, the reduction in such fee amount, if required by this Code section, shall apply proportionately only to that portion of the fee amount that is not required to be so remitted to such local governing authority.

(f) No provision of this Code section providing for the determination of any amount shall preclude the appropriation of greater amounts for purposes or functions covered by this Code section.

(g) Each collecting agency covered by this Code section and the Office of Planning and Budget shall promulgate such rules and regulations as are necessary and appropriate to implement and administer this Code section, including, but not limited to, appropriate public notification of any change in a fee amount and the effective date of such change required by any provision of this Code section."

SECTION 2.

Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by revising subsection (e) of Code Section 12-8-39, relating to solid waste disposal cost reimbursement fees and surcharges, as follows:

"(e)(1) Owners or operators of any solid waste disposal facility other than an inert waste landfill as defined in regulations promulgated by the board or a private industry solid waste disposal facility shall assess and collect on behalf of the division from each disposer of waste a surcharge of 75¢ per ton of solid waste disposed. Two percent of said surcharges collected may be retained by the owner or operator of any solid waste disposal facility collecting said surcharge to pay for costs associated with collecting said surcharge. Surcharges assessed and collected on behalf of the division shall be paid to the division not later than the first day of July of each year for the preceding calendar year. Any facility permitted exclusively for the disposal of construction or demolition waste that conducts recycling activities for construction or demolition materials shall receive a credit towards such surcharges of 75¢ per ton of material recycled at the facility.

(2) The surcharge amount provided for in this subsection shall be subject to revision pursuant to Code Section 45-12-92.2."

SECTION 3.

Said title is further amended by adding a new paragraph to subsection (h) of Code Section 12-8-40.1, relating to tire disposal restrictions and fees, as follows:

"(4) The fee amount provided for in this subsection shall be subject to revision pursuant to Code Section 45-12-92.2."

SECTION 4.

Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by adding a new paragraph to subsection (a) of Code Section 15-21-73, relating to penalties to be imposed in certain criminal and quasi-criminal and traffic cases and upon violation of bond, to read as follows:

"(3) Each of the fee amounts provided for in this subsection shall be subject to revision pursuant to Code Section 45-12-92.2."

SECTION 5.

Said title is further amended by revising subsection (a) of Code Section 15-21-179, relating to additional penalties for violation of traffic laws or ordinances, as follows:

"(a)(1) In every case in which any court in this state shall impose a fine or bond payment, which shall be construed to include costs, for any violation of the traffic laws of this state or for violations of ordinances of political subdivisions which have adopted by reference the traffic laws of this state, there shall be imposed as an additional penalty a sum equal to 5 percent of the original fine.

(2) The fee amount provided for in this subsection shall be subject to revision pursuant to Code Section 45-12-92.2."

SECTION 6.

Said title is further amended by adding a new subsection to Code Section 15-21A-6, relating to additional filing fees, application fee for free legal services, and remittance of funds, to read as follows:

"(g) Each of the fee amounts provided for in subsections (a), (b), and (c) of this Code section shall be subject to revision pursuant to Code Section 45-12-92.2."

SECTION 7.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 8.

All laws and parts of laws in conflict with this Act are repealed.