48-8-267. Disbursement of proceeds.

Code 1981, § 48-8-267, enacted by Ga. L. 2015, p. 236, § 7-5/HB 170; Ga. L. 2015, p. 1443, § 2/HB 106; Ga. L. 2016, p. 105, § 2-1/SB 369; Ga. L. 2024, p. 680, § 5/HB 946, effective May 6, 2024.

The 2024 amendment, effective May 6, 2024, substituted the current provisions of this Code section for the former provisions, which read: “(a) The proceeds of the tax collected by the commissioner in each special district under this part shall be disbursed as soon as practicable after collection as follows: “(1) One percent of the amount collected shall be paid into the general fund of the state treasury in order to defray the costs of administration; and “(2) Except for the percentage provided in paragraph (1) of this subsection, the remaining proceeds of the tax shall be distributed: “(A) Pursuant to the terms of the intergovernmental agreement, if applicable; or “(B) If no intergovernmental agreement has been entered into, in accordance with subsection (b) of this Code section. “(b) In the event an intergovernmental agreement has not been entered into, then distribution of the proceeds shall be as follows: “(1) The state auditor shall determine the most recent three fiscal years for which an audit under Code Section 36-81-7 has been made; “(2) Utilizing the audit information under paragraph (1) of this subsection, the county and each qualified municipality shall receive a proportional amount of proceeds of the tax based upon the amount of expenditures made for transportation in the most recent three fiscal years. The proportional amount for the county and each qualified municipality shall be determined by dividing the average expended on transportation during the most recent three fiscal years by the county or qualified municipality by the aggregate average expended on transportation by the county and all qualified municipalities in the special district during the most recent three fiscal years. Amounts expended on transportation include transportation maintenance and operation costs and shall correspond with classifications and subclassifications specified in the local government uniform chart of accounts under subsection (e) of Code Section 36-81-3 within section 4200, including noncapital expenditures within sections 4210-4270, and shall be reported in the local government audit. Total general fund expenditures by the local government within these categories shall be specified in the footnotes of the audited financial statement. If such transportation expenditures include maintenance and operation costs to support local government airport and transit operations, reported in functions 7561 and 7563 of the uniform chart, the general fund costs for those functions shall be included in the footnotes of the local government’s audited financial report; and “(3) Following the determinations made pursuant to paragraph (2) of this subsection and at least 30 days prior to the referendum, the state auditor shall certify the appropriate distribution percentages to the commissioner and the commissioner shall utilize such percentages for the distribution of proceeds for the term of the tax.” See Editor’s notes for applicability.

Ga. L. 2024, p. 680, § 7/HB 946, not codified by the General Assembly, makes this Code section not applicable to or affect any intergovernmental agreement entered into prior to May 6, 2024.

Pursuant to Code Section 28-9-5, in 2024, “this Code section” was substituted for “this subsection” in paragraph (2).