Bill Text: GA HB442 | 2011-2012 | Regular Session | Introduced

Georgia House Bill 442 (Prior Session Legislation)

Bill Title: Hall, Gainesville, Buford School Districts; educational tax; continue

Spectrum: Partisan Bill (Republican 5-0)

Status: (Passed) 2011-04-20 - Effective Date [HB442 Detail]

Download: Georgia-2011-HB442-Introduced.html

11 LC 18 9826/AP

House Bill 442 (AS PASSED HOUSE AND SENATE)

By: Representatives Mills of the 25th, Rogers of the 26th, Collins of the 27th, Benton of the 31st, and Clark of the 98th

A BILL TO BE ENTITLED
AN ACT

To provide for the continuation of an alternative method of distribution of the net proceeds of the sales and use tax for educational purposes authorized under Article VIII, Section VI, Paragraph IV of the Constitution among the Hall County School District, City of Gainesville School District, and City of Buford Independent School District; to provide an effective date; to provide for applicability; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

(a) As used in this Act, the term:

(1) "ESPLOST IV" means the sales and use tax for educational purposes authorized under Article VIII, Section VI, Paragraph IV of the Constitution and which may be imposed as a result of the referendum to be held on March 15, 2011.

(2) "ESPLOST III" means the sales and use tax for educational purposes authorized under Article VIII, Section VI, Paragraph IV of the Constitution imposed as a result of the referendum held on July 18, 2006, and the net proceeds of which are distributed pursuant to an Act approved May 3, 2006 (Ga. L. 2006, p. 1046).

(b) The net proceeds of ESPLOST IV, shall be distributed among the Hall County School District, City of Gainesville Independent School District and City of Buford Independent School District in accordance with the method set forth below:

(1) From the gross receipts of the sales and use tax, $63,333.33 per month for 60 consecutive months shall be distributed to the City of Buford Independent School District; provided, however, that in no event shall the City of Buford Independent School District receive less than $3,800,000.00;

(2) After the monthly remittance to the City of Buford Independent School District, the remaining proceeds of the sales and use tax shall be distributed between the Hall County School District and the City of Gainesville Independent School District according to the ratio the student enrollment in each of the two districts bears to the total student enrollment in said districts based upon the most recent FTE count prior to the referendum;

(3) Upon the sixtieth month, a comparison shall be made between the total collection for ESPLOST IV and ESPLOST III to determine if City of Buford Independent School District shall receive an additional, one-time distribution calculated as follows:

(A) If total ESPLOST IV collections are equal to or less than total ESPLOST III collections, no additional distribution will be made to the City of Buford Independent School District;

(B) If total ESPLOST IV collections are between 100.1% - 110% of total ESPLOST III collections, the City of Buford Independent School District shall receive an additional distribution of $100,000.00 for a total distribution not to exceed $3,900,000.00 for ESPLOST IV;

(C) If total ESPLOST IV collections are between 110.1% - 120% of total ESPLOST III collections, City of Buford Independent School District shall receive an additional distribution of $200,000.00 for a total distribution not to exceed $4,000,000.00 for ESPLOST IV; and

(D) If total ESPLOST IV collections are greater than the 120.1% of total ESPLOST III collections, City of Buford Independent School District shall receive an additional distribution of $300,000.00 for a total distribution not to exceed $4,100,000.00 for ESPLOST IV.

SECTION 2.

This Act is enacted pursuant to the specific authority provided for in Article VIII, Section VI, Paragraph IV(g) of the Constitution.

SECTION 3.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply with respect to all distributions made by the Georgia Department of Revenue on or after such effective date pursuant to the filing of the proper distribution certificate.

SECTION 4.

This Act shall stand repealed in its entirety at the completion of the distribution of ESPLOST IV; provided, however, that if ESPLOST IV is not approved at the referendum on March 15, 2011, or such referendum is not conducted, this Act shall stand repealed in its entirety on April 1, 2011.

SECTION 5.

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