Bill Text: GA HR12 | 2011-2012 | Regular Session | Introduced
Bill Title: Sales and use tax; tax credit reduction for educational purposes; provide - CA
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2011-01-26 - House Second Readers [HR12 Detail]
Download: Georgia-2011-HR12-Introduced.html
11 LC 18
9548
House
Resolution 12
By:
Representative Setzler of the
35th
A
RESOLUTION
Proposing
an amendment to the Constitution so as to provide that the sales and use tax for
educational purposes may include a tax credit reduction of the ad valorem tax
liability for educational purposes of qualified homestead property or other ad
valorem tax liability of qualified homestead property; to provide for the
submission of this amendment for ratification or rejection; and for other
purposes.
BE
IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
VIII, Section VI, Paragraph IV of the Constitution is amended by revising
subparagraphs (a), (b), and (c) and adding new subparagraphs to read as
follows:
"(a)
The board of education of each school district in a county in which no
independent school district is located may by resolution and the board of
education of each county school district and the board of education of each
independent school district located within such county may by concurrent
resolutions impose, levy, and collect a sales and use tax for educational
purposes of such school districts conditioned upon approval by a majority of the
qualified voters residing within the limits of the local taxing jurisdiction
voting in a referendum thereon. This tax shall be at the rate of 1 percent and
shall be imposed for a period of time not to exceed five years, but in all other
respects, except as otherwise provided in this Paragraph, shall correspond to
and be levied in the same manner as the tax provided for by Article 3 of Chapter
8 of Title 48 of the Official Code of Georgia Annotated, relating to the special
county 1 percent sales and use tax, as now or hereafter amended. Proceedings
for the reimposition of such tax shall be in the same manner as proceedings for
the initial imposition of the tax, but the newly authorized tax shall not be
imposed until the expiration of the tax then in effect.
(b)
The purpose or purposes for which the proceeds of the tax are to be used and may
be expended include:
(1)
Capital outlay projects for educational purposes;
(2)
The retirement of previously incurred general obligation debt with respect only
to capital outlay projects of the school system; provided, however, that the tax
authorized under this Paragraph shall only be expended for the purpose
authorized under this subparagraph (b)(2) if all ad valorem property taxes
levied or scheduled to be levied prior to the maturity of any such then
outstanding general obligation debt to be retired by the proceeds of the tax
imposed under this Paragraph shall be reduced by a total amount equal to the
total amount of proceeds of the tax imposed under this Paragraph to be applied
to retire such bonded indebtedness. In the event of failure to comply with the
requirements of this subparagraph (b)(2), as certified by the Department of
Revenue, no further funds shall be expended under this subparagraph (b)(2) by
such county or independent board of education and all such funds shall be
maintained in a separate, restricted account and held solely for the expenditure
for future capital outlay projects for educational purposes;
or
(3)
A credit amount to reduce the ad valorem tax liability for educational purposes
of qualified homestead property within the school district; or
(3)(4)
A combination of the foregoing.
(c)
The resolution calling for the imposition of the tax and the ballot question
shall each describe:
(1)
The specific capital outlay projects to be funded, or the specific debt to be
retired, or both, if applicable;
(2)
The maximum cost of such project or projects and, if applicable, the maximum
amount of debt to be retired, which cost and amount of debt shall also be the
maximum amount of net proceeds to be raised by the tax;
and
(3)
The maximum period of time, to be stated in calendar years or calendar quarters
and not to exceed five
years;
and
(4)
The percentage of net proceeds to be applied to the credit amount to reduce the
ad valorem tax liability for educational purposes of qualified homestead
property within the school
district.
(c.1)
For purposes of this Paragraph, qualified homestead property means a homestead
qualified for and receiving any statewide homestead exemption provided for by
general law.
(c.2)
In the event a taxpayer has no ad valorem tax liability for educational purposes
of the taxpayer's qualified homestead property, the credit amount shall be
applied to ad valorem tax liability of that taxpayer for qualified homestead
property.
(c.3)
If a concurrent resolution is required under subparagraph (a) of this Paragraph,
the items enumerated under subparagraphs (c)(1), (c)(2), and (c)(4) of this
Paragraph shall be specified separately for the board of education of the county
school district and the board of education of an independent school district.
The same maximum period of time under subparagraph (c)(3) of this Paragraph
shall be specified by the board of education of the county school district and
the board of education of an independent school
district."
SECTION
2.
The
above proposed amendment to the Constitution shall be published and submitted as
provided in Article X, Section I, Paragraph II of the Constitution. The ballot
submitting the above proposed amendment shall have written or printed thereon
the following:
"( ) YES
( ) NO
|
Shall
the Constitution of Georgia be amended so as to provide that the sales and use
tax for educational purposes may include a tax credit reduction of ad valorem
tax liability of qualified homestead property?"
|
All
persons desiring to vote in favor of ratifying the proposed amendment shall vote
"Yes." All persons desiring to vote against ratifying the proposed amendment
shall vote "No." If such amendment shall be ratified as provided in said
Paragraph of the Constitution, it shall become a part of the Constitution of
this state.