Title 50, Chapter 17, Section 23
( 50-17-23)
(a) General obligation debt. General obligation debt may not be
incurred until the General Assembly has enacted legislation stating
the purposes, in general or specific terms, for which such issue of
debt is to be incurred, specifying the maximum principal amount of
the issue, and appropriating an amount at least sufficient to pay
the highest annual debt service requirements for the issue.
Appropriations made in each fiscal year, as provided in this
subsection, for debt service purposes shall not lapse for any reason
and shall continue in effect until the debt for which such
appropriation was authorized shall have been incurred; but the
General Assembly may repeal any such appropriation at any time prior
to the incurring of such debt. Following the incurring of debt in
any fiscal year for any purpose for which an appropriation has been
made, there shall be deposited in the sinking fund provided for in
paragraph (1) of this subsection an amount equal to the highest
annual debt service requirements for such debt coming due in any
succeeding fiscal year. On or prior to the end of such fiscal year,
the commission shall certify to the fiscal officer of the state the
amount of the appropriation for any purpose which has been
transferred to the sinking fund and the amount of the anticipated
highest annual debt service requirement of debt authorized to be
issued in such fiscal year for any purpose by resolution of the
commission but which actually will be incurred in the next
succeeding fiscal year. The remaining appropriation for any
purpose, after deducting the aggregate amounts described in the
preceding sentence, shall lapse, except that any such amount
attributable to an appropriation to general obligation debt for the
construction and improvement of public roads and bridges shall not
lapse but shall be paid to the Department of Transportation. The
General Assembly may provide in an appropriation of highest annual
debt service requirements that if the commission determines not to
incur the debt so authorized, the commission may expend the
appropriation as capital outlay for the purposes specified in the
appropriation. The appropriation as capital outlay shall lapse at
the end of the fiscal year of the appropriation unless committed as
provided by law. The appropriation as highest annual debt service
shall expire as authorization for debt when the funds are committed
as capital outlay but shall otherwise lapse as provided by law. (1) Sinking fund. The General Assembly shall appropriate to a
special trust fund designated "State of Georgia General Obligation
Debt Sinking Fund" such amounts as are necessary to pay annual
debt service requirements on all general obligation debt incurred
hereunder. The sinking fund shall be used solely for retirement of
general obligation debt payable therefrom. (2) Failure to appropriate; insufficient moneys in sinking fund.
If the General Assembly shall fail to make any appropriation or if
for any reason the moneys in the sinking fund are insufficient to
make all payments required with respect to such general obligation
debt as and when the same becomes due, the director of the Office
of Treasury and Fiscal Services shall set apart from the first
revenues thereafter received, applicable to the general fund of
the state, such amounts as are necessary to cure any such
deficiencies and shall immediately deposit the same into the
sinking fund. The director of the Office of Treasury and Fiscal
Services may be required to set aside and apply such revenues as
aforesaid at the action of any holder of any general obligation
debt incurred under this article. The obligation to make such
sinking fund deposits shall be subordinate to the obligation
imposed upon the fiscal officers of the state pursuant to the
second paragraph of Article IX, Section VI, Paragraph I(a) of the
Constitution of Georgia of 1976. (3) Sinking fund investments. The moneys in the sinking fund shall
be as fully invested as practical, consistent with the
requirements to make current principal and interest payments. Any
such investments shall be restricted to obligations constituting
direct and general obligations of the United States government or
obligations unconditionally guaranteed as to the payment of
principal and interest by the United States government, maturing
no longer than 12 months from date of purchase. (4) Highway appropriations. Appropriations to the sinking fund for
debt service requirements attributable to public debt incurred or
to be incurred for construction, reconstruction, and improvement
of public roads and bridges shall be considered as an
appropriation for activities incident to providing and maintaining
an adequate system of public roads and bridges in this state for
the purpose of Article III, Section IX, Paragraph VI(b) of the
Constitution. (b) Guaranteed revenue debt. Guaranteed revenue debt may not be
incurred until the General Assembly has enacted legislation
authorizing the guarantee of the specific issue of revenue
obligations then proposed, reciting that the General Assembly has
determined such obligations will be self-liquidating over the life
of the issue, which determination shall be conclusive, specifying
the maximum principal amount of such issue, and appropriating an
amount at least equal to the highest annual debt service
requirements for such issue. After the General Assembly has enacted
legislation authorizing the guarantee of a specific issue of revenue
bonds by an instrumentality of the state or state authority, the
commission shall approve the issuance of such bonds and thereafter
such instrumentality or state authority shall actually authorize the
issuance of its revenue bonds in accordance with the Act of the
General Assembly, including amendments thereto, authorizing the
issuance of revenue bonds by such instrumentality or state authority
and the applicable provisions of this article. (1) Common reserve fund. Appropriations made in connection with
guaranteed revenue debt shall be paid, upon the issuance of the
obligations, into a special trust fund to be designated "State of
Georgia Guaranteed Revenue Debt Common Reserve Fund" to be held
together with all other sums similarly appropriated as a common
reserve for any payments which may be required by virtue of any
guarantee entered into in connection with any issue of guaranteed
revenue obligations. This Guaranteed Revenue Debt Common Reserve
Fund shall be held and administered by the director of the Office
of Treasury and Fiscal Services. All such appropriations for the
benefit of guaranteed revenue debt shall not lapse for any reason
and shall continue in effect until the debt for which the
appropriation was authorized shall have been incurred; but the
General Assembly may repeal any such appropriation at any time
prior to the payment of the same into the common reserve fund. (2) Insufficient moneys in common reserve fund. If any payments
are required to be made from the State of Georgia Guaranteed
Revenue Debt Common Reserve Fund to meet debt service requirements
on guaranteed revenue obligations by virtue of an insufficiency of
revenues, the director of the Office of Treasury and Fiscal
Services shall pay to the designated paying agent, upon
certification by the issuing instrumentality as to the
insufficiency of such revenues, from the common reserve fund, the
amount necessary to cure such deficiency. The director of the
Office of Treasury and Fiscal Services shall then reimburse such
fund from the general funds of the state within ten days following
the commencement of any fiscal year of the state for any amounts
so paid. The director of the Office of Treasury and Fiscal
Services may be required to apply such funds as aforesaid with
respect to guaranteed revenue debt at the action of any holder of
any such guaranteed revenue obligations. The obligation to make
any such reimbursements shall be subordinate to the obligation
imposed upon the fiscal officers of the state pursuant to the
second paragraph of Article IX, Section VI, Paragraph I(a) of the
Constitution of Georgia of 1976 and shall also be subordinate to
the obligation hereinabove imposed upon the director of the Office
of Treasury and Fiscal Services to make sinking funds deposits for
the benefit of general obligation debt. (3) Minimum balance required; excess moneys; investments. The
amount to the credit of the common reserve fund shall at all times
be at least equal to the aggregate highest annual debt service
requirements on all outstanding guaranteed revenue obligations
entitled to the benefit of such fund. If at the end of any fiscal
year of the state the fund is in excess of the required amount,
the director of the Office of Treasury and Fiscal Services, upon
certification of the state auditor, shall transfer such excess to
the general funds of the state, free of such trust. The funds in
the common reserve shall be as fully invested as is practical,
consistent with the requirements of guaranteeing the principal and
interest payments on the revenue obligations guaranteed by the
state. Any such investments shall be restricted to obligations
constituting direct and general obligations of the United States
government or obligations unconditionally guaranteed as to the
payment of principal and interest by the United States government,
maturing no longer than 12 months from the date of purchase. (c) Requirement for taxation. The General Assembly shall raise by
taxation each fiscal year, in addition to the sums necessary to make
all payments required to be made under contracts entitled to the
protection of the second paragraph of Article IX, Section VI,
Paragraph I(a) of the Constitution of Georgia of 1976 and to pay
public expenses, such amounts as are necessary to pay debt service
requirements in such fiscal year on all general obligation debt
incurred hereunder and to maintain at all times the Guaranteed
Revenue Debt Common Reserve Fund in the full amount required by the
Constitution and this article. |