Bill Text: GA HB1284 | 2009-2010 | Regular Session | Comm Sub

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

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Bill Title: Planning and Budget, Office of; record of user fees collected; provide for publication

Spectrum: Partisan Bill (Republican 7-0)

Status: (Passed) 2010-05-20 - Effective Date [HB1284 Detail]

Download: Georgia-2009-HB1284-Comm_Sub.html

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10 LC 18 9219S

The Senate Finance Committee offered the following substitute to HB 1284:

A BILL TO BE ENTITLED
AN ACT

To amend Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to provisions regarding the Office of the Governor, so as to require fee reports as a part of the budget report; to provide for a definition; to provide for contents and requirements of each report; to provide for posting of the report on a public information website; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to provisions regarding the Office of the Governor, is amended in Code Section 45-12-71, relating to definitions regarding management of budgetary and financial affairs by the Office of Planning and Budget, by adding a new paragraph to read as follows:

"(11.1) 'Fee' means any voluntary or mandatory payment given in exchange for a good or service provided by a state government regulatory or oversight entity. Fees shall include, but not be limited to, business license fees, nonbusiness license fees, application costs, inspection costs, fine, penalties, surcharges, add-ons, or assessments imposed by a state government regulatory or oversight entity."

SECTION 2.

Said chapter is further amended in Code Section 45-12-75, relating to the budget report, by revising paragraphs (7) and (8) and adding a new paragraph as follows:

"(7) A draft of a proposed General Appropriations Act or Acts embodying the Governor's budget report and recommendations for appropriations for the next fiscal year and drafts of such revenue and other Acts as may be recommended for putting into effect the proposed financial plan. The recommended appropriation for each budget unit shall be specified in a separate section of the General Appropriations Act. The total amount of appropriations recommended shall not exceed the cash resources available to meet expenditures under such appropriations; and

(8)(A) A comprehensive fee report of all fees collected and administered by any budget unit.

(B) Such report shall detail for each fee:

(i) Its statutory authorization and termination date if any;

(ii) A description of the associated services or product provided, or the regulatory function performed;

(iii) Its current rate or amount and the date such rate or amount was last set or adjusted by the General Assembly or by the joint fiscal committee;

(iv) The fund into which its revenues are deposited; and

(v) The revenues derived from it in each of the two previous fiscal years.

(C) Such report shall also contain any proposal that the budget unit may have to:

(i) Create a new fee, or change, reauthorize, or terminate an existing fee, which shall include a description of the associated services or product provided, or the regulatory function performed; and

(ii) Adjust an existing fee rate or amount. Each new or adjusted fee rate shall be accompanied by information justifying the proposed rate adjustment, which may include:

(I) The relationship between the revenue to be raised by the fee or change in the fee and the cost or change in the cost of the service, product, or regulatory function supported by the fee, with costs construed as actual costs incurred;

(II) The inflationary pressures that have arisen since the fee was last set;

(III) The effect on budgetary adequacy if the fee is not increased;

(IV) The existence of comparable fees in other jurisdictions;

(V) Policies that might affect the acceptance or the viability of the fee amount; and

(VI) Other considerations.

(D) Such report shall also include any proposal to designate, or redesignate, the fund into which revenue from a fee is to be deposited;

(E) Such report shall be posted on the website created pursuant to Code Section 50-6-32; and

(8)(9) Such other information as the Governor deems desirable or as is required by law."

SECTION 3.

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

SECTION 4.

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