Section 45-12-93. Revenue shortfall reserve; reservation of surplus state funds; appropriation and release of funds; limit on amount of reserve

   (a) There shall be a reserve of state funds known as the "Revenue Shortfall Reserve."

(b) The amount of all surplus in state funds existing as of the end of each fiscal year shall be reserved and added to the Revenue Shortfall Reserve. Funds in the Revenue Shortfall Reserve shall carry forward from fiscal year to fiscal year, without reverting to the general fund at the end of a fiscal year. The Revenue Shortfall Reserve shall be maintained, accumulated, appropriated, and otherwise disbursed only as provided in this Code section.

(c) For each existing fiscal year, the General Assembly may appropriate from the Revenue Shortfall Reserve an amount up to 1 percent of the net revenue collections of the preceding fiscal year for funding increased K-12 needs.

(d) The Governor may release for appropriation by the General Assembly a stated amount from funds in the Revenue Shortfall Reserve that are in excess of 4 percent of the net revenue of the preceding fiscal year.

(e) As of the end of each fiscal year, an amount shall be released from the Revenue Shortfall Reserve to the general fund to cover any deficit by which total expenditures and contractual obligations of state funds authorized by appropriation exceed net revenue and other amounts in state funds made available for appropriation.

(f) The combined Revenue Shortfall Reserve and the Midyear Adjustment Reserve existing on May 9, 2005, shall become the Revenue Shortfall Reserve provided for in this Code section.

(g) Any other provision of law notwithstanding, the General Assembly is authorized to appropriate $7 million for State Fiscal Year 2005 from the Revenue Shortfall Reserve.

(h) The Revenue Shortfall Reserve shall not exceed 15 percent of the previous fiscal year's net revenue for any given fiscal year.

Ga. L. 1976, p. 420, § 1; Ga. L. 1982, p. 1288, §§ 1, 2; Ga. L. 1983, p. 1815, § 1; Ga. L. 1985, p. 252, § 5; Ga. L. 1986, p. 10, § 45; Ga. L. 1990, p. 8, § 45; Ga. L. 2000, p. 1505, § 1; Ga. L. 2001, p. 333, § 1; Ga. L. 2004, p. 1, § 1; Ga. L. 2005, p. 976, § 5/HB 509; Ga. L. 2010, p. 166, § 1/SB 421.