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2018 Georgia Code 36-40-23 | Car Wreck Lawyer

TITLE 36 LOCAL GOVERNMENT

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ARTICLE 2 GRANTS FOR PUBLIC PURPOSES

36-40-23. When certificate to be filed; effect of failure to file certificate.

Prior to June 1 of each year, a certificate shall be filed which shall be the basis upon which payments shall be made of funds made available under this article for the immediately succeeding fiscal year beginning July 1 and ending June 30. If no certificate is filed within such time limitation in this Code section, the municipality shall not be entitled to and shall not be paid any funds for the applicable period and such municipality shall not be included in the formula for determining the amount of the grants as provided in Code Section 36-40-24.

(Ga. L. 1967, p. 889, § 5.)

Editor's notes.

- Ga. L. 1967, p. 889, § 5, the basis for this Code section, was amended by Ga. L. 1982, p. 869, § 1, (effective April 13, 1982), which added a new paragraph to the end of that section of the 1967 Act, providing for the filing of a late certification by any eligible municipality which failed to file for Fiscal Year 1982 funds or which filed after the June 1 cutoff date. Section 2 of the 1982 Act provided for the repeal of the 1982 Act effective November 1, 1982.

OPINIONS OF THE ATTORNEY GENERAL

Eligibility of municipalities to share in funds.

- All incorporated municipalities appearing in the 1970 United States census would be eligible to share in the distribution of the second half of funds appropriated for fiscal year 1970-71 regardless of whether the municipalities were eligible prior to that time. 1970 Op. Att'y Gen. No. 70-62.

Office of Treasury and Fiscal Services must make two fund computations during census year.

- Only manner in which the State Treasurer (now director of the Office of Treasury and Fiscal Services) can compute grants to municipalities for the fiscal year 1970-71 is to make two separate computations and two separate payments of funds; one-half of available funds should be distributed to the respective municipalities based on population according to the 1960 decennial United States census. After the 1970 decennial United States census becomes effective for the purpose of affecting Georgia law (December 31, 1970), the State Treasurer (now director of the Office of Treasury and Fiscal Services) should make computations based on the 1970 census and distribute the remaining half of money appropriated for fiscal 1970-71. 1970 Op. Att'y Gen. No. 70-36.

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