07 LC 18 6319S
(SCS)
Senate
Bill 225
By:
Senators Stoner of the 6th, Thompson of the 5th, Jones of the 10th, Hill of the
32nd and Rogers of the 21st
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 44 of Title 36 of the Official Code of Georgia Annotated, relating
to redevelopment powers, so as require training with respect to redevelopment
powers, programs, and tax allocation districts; to provide for applicability and
funding; to provide for the scope of review of proposed tax allocation districts
by boards of education in determining whether to consent to the inclusion of
educational ad valorem property taxes as a basis for computing tax allocation
increments; to provide for related matters; to provide for effective dates; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
44 of Title 36 of the Official Code of Georgia Annotated, relating to
redevelopment powers, is amended by adding a new Code section to read as
follows:
"36-44-5.1.
(a)(1)
At any time after the passage of a local Act approving the exercise of
redevelopment powers under this chapter and prior to the date of the public
hearing on the proposed redevelopment plan, but no later than 12 months after
the date of approval of the referendum required under Code Section 36-44-22,
each member of the redevelopment agency, each member of the local legislative
body, and each member of the affected local board of education shall attend and
complete at least three hours of training on redevelopment powers and programs
and tax allocation districts.
(2)
Such training shall be provided by an accredited university of this state or by
a nonprofit membership association, the membership of which comprises local
governing authorities in this state, which authorities shall include
municipalities, counties, or school districts.
(b)
The training required under this Code section shall only be required with
respect to tax allocation districts created on or after July 1,
2007.
(c)
All costs of operating and conducting the training program, if any, shall be
paid for from public funds appropriated for such purposes."
SECTION
2.
Said
chapter is further amended in Code Section 36-44-9, relating to computation of
tax allocation increments of districts, by adding a new subsection to read as
follows:
"(g)
When a board of education considers whether to consent to the inclusion of
educational ad valorem property taxes as a basis for computing tax allocation
increments as set forth in subsections (a) through (d) of this Code
section:
(1)
The board of education shall not make an independent inquiry as to the
eligibility of the area for designation as a redevelopment area pursuant to
paragraph (7) of Code Section 36-44-3;
(2)
The board of education shall accept the findings made by the local legislative
body as required by subparagraph (G) of paragraph (3) of Code Section 36-44-8
and shall not substitute its judgment as to those findings for the judgment of
the local legislative body; and
(3)
The board of education shall not consider estimates or projections as to the
amount of educational ad valorem property taxes that would be included in the
tax allocation increment that might be attributable to appreciation of property
values within the tax allocation district that may occur even without the
redevelopment outlined in the redevelopment plan."
SECTION
3.
(a)
Except as otherwise provided in subsection (b) of this section, this Act shall
become effective upon its approval by the Governor or upon its becoming law
without such approval.
(b) Section 1 of this Act shall become effective on July 1, 2007.
(b) Section 1 of this Act shall become effective on July 1, 2007.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.