08 LC 18
7127S
House
Bill 1015 (COMMITTEE SUBSTITUTE)
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
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:
(A)
Excess proceeds remain following the expenditure required under paragraph (1) of
this subsection; and
(B)
All of the area within the special district shall have become incorporated
within one or more municipalities,
then
the excess proceeds shall be disbursed within 60 days to the governing authority
of each municipality which has incorporated any portion of the area of the
special district. The amount of proceeds to be disbursed to each municipality
shall be determined on a pro rata basis using as a denominator the total value
of all tax parcels within the special district and as a numerator the total
value of all tax parcels which were incorporated within each
municipality.
(3)
If, on the effective date of this paragraph:
(A)
Excess proceeds remain from the collection of any special district taxes, fees,
and assessments; and
(B)
A new municipality shall have been created from within such special district
such that the special district shall have been diminished in size but not all of
the special district shall have been incorporated within one or more
municipalities,
then
the excess proceeds shall be disbursed within 60 days to the governing authority
of each municipality which has incorporated any portion of the area of the
special district. The amount of proceeds to be disbursed to each municipality
shall be determined on a pro rata basis using as a denominator the total value
of all tax parcels within the special district and as a numerator the total
value of all tax parcels which were incorporated within each
municipality."
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.