hb1015_LC_18_6876_a_2.html
08 LC 18 6876
House Bill 1015
By: Representatives Jones of the 46th, Burkhalter of the 50th, Martin of the 47th, Geisinger of the 48th, Willard of the 49th, and others

A BILL TO BE ENTITLED
AN ACT


To amend Code Section 36-31-12 of the Official Code of Georgia Annotated, relating to special districts divided into noncontiguous areas, so as to provide for additional requirements regarding certain excess funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Code Section 36-31-12 of the Official Code of Georgia Annotated, relating to special districts divided into noncontiguous areas, is amended by revising subsection (b) as follows:
"(b)(1) When a municipal corporation is created by local Act within a county which has a special district for the provision of local government services consisting of the unincorporated area of the county and following the creation of said municipal corporation the special district is divided into two or more noncontiguous areas, any special district taxes, fees, and assessments collected in such a noncontiguous area shall be spent to provide services in that noncontiguous area. Effective January 1, 2006, for the purposes of this Code section, a noncontiguous area located within ten miles of another noncontiguous area may be treated as the same noncontiguous area.
(2) If, on the effective date of this paragraph, excess proceeds remain following the expenditure required under paragraph (1) of this subsection, such proceeds shall be disbursed immediately to the governing authority of the new municipality which is located in the noncontiguous area from which such proceeds were collected; provided, however, that with respect to newly annexed areas which have been annexed to a municipality other than the new municipality which are also located in such noncontiguous area, a pro rata amount of such excess funds shall be disbursed to the governing authority of the municipality to which such newly annexed areas were annexed."

SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.