Title 50, Chapter 17, Section 24
( 50-17-24)
(a) Authority. The state, through action of the commission, is
authorized to incur public debt as provided in this article. (b) Purposes for debt. (1) Public debt without a limit may be incurred to repel invasion,
suppress insurrection, and defend the state in time of war. (2) Public debt may be incurred to supply such temporary deficit
as may exist in the state treasury in any fiscal year because of
necessary delay in collecting the taxes of that year, but the debt
so incurred shall not exceed, in the aggregate, 1 percent of the
total revenue receipts, less refunds, of the state treasury in the
fiscal year immediately preceding the year in which such debt is
incurred; and any debt so incurred shall be repaid out of the
taxes levied for the fiscal year in which the loan is made. Such
debt shall be payable on or before the last day of the fiscal year
in which it is incurred, and no such debt may be incurred in any
fiscal year under this paragraph if there is then outstanding
unpaid debt from any previous fiscal year which was incurred under
this paragraph. (3) Public debt for public purposes may be either general
obligation debt or guaranteed revenue debt. General obligation
debt may be incurred by issuing obligations to acquire, construct,
develop, extend, enlarge, or improve land, waters, property,
highways, buildings, structures, equipment, or facilities of the
state, its agencies, departments, institutions, and those state
authorities which were created and activated prior to the
amendment adopted November 8, 1960, to Article VII, Section VI,
Paragraph I(a) of the Constitution of 1945. General obligation
debt may also be incurred to provide educational facilities for
county and independent school systems and to provide public
library facilities for county and independent school systems,
counties, municipalities, and boards of trustees of public
libraries or boards of trustees of public library systems.
General obligation debt may also be incurred in order to make
loans to counties, municipal corporations, political subdivisions,
local authorities, and other local governmental entities for water
or sewerage facilities or systems. It shall not be necessary for
the state or a state authority to hold title to or otherwise be
the owner of such facilities or systems. General obligation debt
for these purposes may be authorized and incurred for
administration and disbursement by a state authority created and
activated before, on, or after November 8, 1960. Guaranteed
revenue debt may be incurred by guaranteeing the payment of
revenue obligations issued by an instrumentality of the state if
such revenue obligations are issued to finance toll bridges, toll
roads, or any other land public transportation facilities or
systems, or water or sewage treatment facilities or systems, or to
make or purchase, or lend or deposit against the security of,
loans to citizens of the state for educational purposes; provided,
however, that in no event shall general obligation debt or
guaranteed revenue debt be incurred for water or sewage treatment
facilities or systems for counties or municipalities unless such
facilities are financed in whole or in part through an
instrumentality of the state created by the General Assembly for
the purpose of assisting the state, counties, or municipalities in
the financing of water or sewage treatment facilities or systems
for the benefit of the citizens of Georgia. General obligation
debt or guaranteed revenue debt may be incurred to fund or refund
any such debt or to fund or refund any obligations issued upon the
security of contracts to which the second paragraph of Article IX,
Section VI, Paragraph I(a) of the Constitution of Georgia of 1976
is applicable. (c) Limitations. No debt may be incurred under paragraph (3) of
subsection (b) of this Code section at any time when the highest
aggregate annual debt service requirements for the then current year
or any subsequent year for outstanding general obligation debt and
guaranteed revenue debt, including the proposed debt, and the
highest aggregate annual payments for the then current year or any
subsequent fiscal year of the state under all contracts then in
force to which the provisions of the second paragraph of Article IX,
Section VI, Paragraph I(a) of the Constitution of Georgia of 1976
are applicable exceed 10 percent of the total revenue receipts, less
refunds of the state treasury in the fiscal year immediately
preceding the year in which any such debt is to be incurred. Within
such limitation, the following limitations shall also be applicable: (1) No guaranteed revenue debt may be incurred to finance water or
sewage treatment facilities or systems when the highest aggregate
annual debt service requirements for the then current year or any
subsequent fiscal year of the state for outstanding or proposed
guaranteed revenue debt for water or sewage treatment facilities
or systems exceed 1 percent of the total revenue receipts, less
refunds, of the state treasury in the fiscal year immediately
preceding the year in which any such debt is to be incurred; (2) The aggregate principal amount of guaranteed revenue debt
incurred to make loans to citizens of the state for educational
purposes that may be outstanding at any time shall not exceed $18
million and the aggregate principal amount of guaranteed revenue
debt incurred to make or purchase, or to lend or deposit against
the security of, loans to citizens of the state for educational
purposes that may be outstanding at any time shall not exceed $72
million; and (3) The issuance of any funding or refunding debt pursuant to this
Code section shall be subject to the 10 percent limitation
provided for in this subsection to the same extent as debt
incurred under this article; provided, however, that in making
such computation the annual debt service requirements and annual
contract payments remaining on the debt or obligations being
funded or refunded shall not be taken into account. (d) Annual debt service requirements. For the purposes of subsection
(c) of this Code section, annual debt service requirements shall
mean the total principal and interest coming due in any fiscal year
of the state; provided, however, that with regard to any issue of
debt incurred wholly or in part on a term basis, annual debt service
requirements shall mean an amount equal to the total principal and
interest payments required to retire such issue in full divided by
the number of years from its issue date to its maturity date. |