TITLE 36
LOCAL GOVERNMENT
Chapter 40 information not found
ARTICLE 2
GRANTS FOR PUBLIC PURPOSES
36-40-24. Computation of allocation of funds.
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To the extent that funds are made available by any law, for the purposes set out in Code Section 36-40-20, the Office of the State Treasurer is authorized and directed to grant such funds to the municipal corporations of this state, as defined in Code Section 36-40-21, on the following basis:
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The total amount of the grant shall be divided by the total population of all municipal corporations, to arrive at an average per capita amount. Such per capita amount shall be multiplied in turn by the population of each municipal corporation with a population of 10,000 or less to arrive at the respective grants of such municipal corporations. Such grants shall be referred to as "paragraph (1) grants."
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In addition to the amount it would receive under paragraph (1) grants, each municipal corporation with a population under 5,000 shall receive an additional grant equal to 50 percent of the amount it received as a paragraph (1) grant. Such grants shall be referred to as "paragraph (2) grants."
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In addition to the amount it would receive under paragraph (1) grants, each municipal corporation with a population of not less than 5,000 and not more than 10,000 shall receive an additional grant equal to 25 percent of the amount it received as paragraph (1) grants. Such grants shall be referred to as "paragraph (3) grants."
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The amount remaining for distribution after deducting the total amounts of paragraph (1) grants, paragraph (2) grants, and paragraph (3) grants shall then be divided by the total population of all remaining municipal corporations (eliminating those receiving paragraph (1), paragraph (2), and paragraph (3) grants), to arrive at a per capita amount for such remaining municipal corporations. The per capita amount as so determined shall then be multiplied by the population of each such remaining municipal corporation to arrive at its respective grant. Such grants shall be referred to as "paragraph (4) grants."
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No municipal corporation which qualifies for state grants under this article shall receive less than $500.00 per annum.
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Whenever the term "population" is used in this article, it means population as determined according to the United States decennial census of 1980 or any future such census.
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The computation of individual municipal grants as called for in this article shall be prepared and certified by the Office of the State Treasurer, which shall make payments as called for in this Code section.
(Ga. L. 1967, p. 889, § 2; Ga. L. 1982, p. 3, § 36; Ga. L. 1993, p. 1402, § 18; Ga. L. 2010, p. 863, § 2/SB 296.)
The 2010 amendment,
effective July 1, 2010, substituted "Office of the State Treasurer" for "Office of Treasury and Fiscal Services" in the middle of the first sentence of subsection (a) and in the middle of subsection (d).
JUDICIAL DECISIONS
Cited in
Bituminous Cas. Corp. v. R.D.C., Inc., 334 F. Supp. 1163 (N.D. Ga. 1971).
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.
Minimum amount to be received.
- Municipality which was not eligible under the 1960 United States census, but which is eligible under the 1970 United States census, should receive at least $250.00 regardless of the application of the formula. 1970 Op. Att'y Gen. No. 70-62.
State treasurer must make two fund computations during census year.
- Only manner in which the state treasurer 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 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.
