Bill Text: GA HB515 | 2009-2010 | Regular Session | Introduced
Bill Title: Municipal corporation; special district tax; create
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2009-02-25 - House Second Readers [HB515 Detail]
Download: Georgia-2009-HB515-Introduced.html
09 LC
21 0228
House
Bill 515
By:
Representatives Ashe of the
56th
and Kaiser of the
59th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating
to provisions applicable to municipal corporations, so as to create a special
district in all municipal corporations which employ in excess of 1,500 police
officers and firefighters combined; to impose and levy a special district tax
within such districts for the purpose of providing all or a portion of the
salaries for police officers and firefighters; to provide for a referendum; to
provide for adjustment of such tax rate; to provide for related matters; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
60 of Title 36 of the Official Code of Georgia Annotated, relating to provisions
applicable to municipal corporations, is amended by adding a new Code section to
read as follows:
"36-60-27.
(a)
Pursuant to the provisions of Article IX, Section II, Paragraph VI of the
Constitution of Georgia, there is created in each municipal corporation in this
state which employs in excess of 1,500 police officers and firefighters combined
a special police and fire district, which special district shall encompass the
entire incorporated area of the municipal corporation.
(b)
There is imposed in each special police and fire district created by subsection
(a) of this Code section a special district ad valorem tax in the amount of 1
mill on all residential and commercial real property to be collected for a
four-year period; provided, however, that such tax shall not become effective
unless approved by a majority of the electors residing within such special
district voting on the question. Such tax shall be imposed beginning in the
fiscal year following the fiscal year in which it was approved by the electors.
Four years following the initial referendum, there shall be a second referendum
to determine whether such tax shall be continued for another four-year period. A
similar referendum shall be held every four years thereafter unless the electors
elect to discontinue the tax, in which event there shall be no further
referendums.
(c)
The referendum required by subsection (b) of this Code section shall take place
on the Tuesday next following the first Monday in November, 2009, for municipal
corporations meeting the requirements of subsection (a) of this Code section on
such date and on that date in the year in which any municipal corporation meets
the requirements of subsection (a) of this Code section in the
future.
(d)
It shall be the duty of the election superintendent of the municipal corporation
within which the referendum is held to call and conduct the referendum as
provided in this Code section. The election superintendent shall cause the date
and purpose of the referendum to be published once a week for two weeks
immediately preceding the date thereof in the official organ of the municipal
corporation within which the referendum will be held. The ballot shall have
written or printed thereon the words:
'( ) YES
( ) NO
|
Shall
the Act be approved which imposes a special district tax within [municipal
corporation] for the purpose of providing salaries for police officers and
firefighters?'
|
If
more than one-half of the votes cast are for approval of the tax, the tax shall
be imposed as provided by this Code section. If the tax is not so approved, no
further referendum shall be held unless called by a majority vote of the
governing authority of the municipal corporation. The expense of such election
shall be borne by the municipal corporation. It shall be the election
superintendent's duty to certify the result thereof to the Secretary of
State.
(e)
The proceeds of the special district tax imposed by this Code section shall be
used exclusively for salaries for police officers and firefighters within the
special district. After the tax has been imposed for at least two years, the
millage rate may be adjusted upward or downward or may be eliminated by a
two-thirds vote of the governing authority of the municipal corporation;
provided, however, that any increase shall be approved by a majority of the
electors voting on the question. The election superintendent of the municipal
corporation shall call a referendum on the question to be conducted at the time
of the general election or municipal election, whichever is closer in time to
the vote of the governing
authority."
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.