O.C.G.A.

O.C.G.A. § 48-5-359.1 (2019)

Contracts for county tax commissioners to prepare municipal tax digests and assess and collect municipal taxes

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a)(1)(A) This paragraph shall apply to a county which has fewer than 50,000 tax parcels within such county.

(B) Any county and any municipality wholly or partially located within such county may contract, subject to approval by the tax commissioner of the county, for the tax commissioner to prepare the tax digest for such municipality; to assess and collect municipal taxes in the same manner as county taxes; and, for the purpose of collecting such municipal taxes, to invoke any remedy permitted for collection of municipal taxes. Any contract authorized by this subsection between the county governing authority and a municipality shall specify an amount to be paid by the municipality to the county which amount will substantially approximate the cost to the county of providing the service to the municipality. Notwithstanding the provisions of any other law, the tax commissioner is authorized to contract for and to accept, receive, and retain compensation from the municipality for such additional duties and responsibilities in addition to that compensation provided by law to be paid to the tax commissioner by the county.

(2)(A) This paragraph shall apply to any county which has 50,000 or more tax parcels within such county.

(B) Any county and any municipality wholly or partially located within such county may contract for the tax commissioner to prepare the tax digest for such municipality; to assess and collect municipal taxes in the same manner as county taxes; and, for the purpose of collecting such municipal taxes, to invoke any remedy permitted for collection of municipal taxes. Any contract authorized by this subsection between the county governing authority and a municipality shall specify an amount to be paid by the municipality to the county which amount will substantially approximate the cost to the county of providing the service to the municipality. Notwithstanding the provisions of any other law, the tax commissioner is authorized to accept, receive, and retain compensation from the county for such additional duties and responsibilities in addition to that compensation provided by law to be paid to the tax commissioner by the county.

(3)(A) This paragraph shall apply to any county which contains 14 or more municipalities, in whole or in part, within such county, and paragraphs (1) and (2) of this subsection shall not apply to such counties.

(B) Any county and any municipality wholly or partially located within such county may contract for the county tax commissioner to prepare the tax digest for such municipality; to assess and collect municipal taxes in the same manner as county taxes; and, for the purpose of collecting such municipal taxes, to invoke any remedy permitted for collection of municipal taxes. Such contracts shall not be subject to the approval of any county tax commissioner. Any contract authorized by this subparagraph between the county governing authority and a municipality shall specify an amount to be paid by the municipality to the county, which amount will substantially approximate the cost to the county of providing the service to the municipality, as well as the cost to the county of providing compensation to its tax commissioner, if any, with respect to providing such service. Notwithstanding any provision of law to the contrary, including paragraphs (1) and (2) of this subsection, the tax commissioner of any such county shall conduct such additional duties and responsibilities, and shall be authorized to accept, receive, and retain compensation to be determined and paid by the county for such additional duties and responsibilities in addition to that compensation provided by law to be paid to the tax commissioner by the county. Nothing in this subparagraph shall require a county to compensate the county tax commissioner for such additional duties and responsibilities.

(b) With respect to any county for which the office of tax commissioner has not been created, any reference in subsection (a) of this Code section to the tax commissioner shall be deemed to refer to the tax receiver and the tax collector.

History

Code 1981, § 48-5-359.1, enacted by Ga. L. 1988, p. 368, § 1; Ga. L. 1999, p. 557, § 1; Ga. L. 2007, p. 365, § 1/HB 486; Ga. L. 2021, p. 642, § 2/SB 201; Ga. L. 2024, p. 1052, § 5(21)/SB 448, effective July 1, 2024. Amendments. The 2024 amendment, effective July 1, 2024, part of an Act to revise, modernize, and correct the Code, revised punctua-

tion in the third sentence in subparagraph (a)(3)(B).

Annotations

Editor’s notes. Ga. L. 1999, p. 557, § 3, not codified by the General Assembly, provides that the amendment to this Code section is applicable to all tax years beginning on or after January 1, 2000. Law reviews. For survey article on local government law, see 59 Mercer L. Rev. 285 (2007).

Notes of Decisions
Cited in 1 case, 1994–1994 · leading case: Weldon v. Bd. of Commissioners of Monroe Cnty., 443 S.E.2d 513 (Ga. Ct. App. 1994).
Weldon v. Bd. of Commissioners of Monroe Cnty., 443 S.E.2d 513 (Ga. Ct. App. 1994). · cites it 2× “In addition to the statutory salary, the attorney noted that the tax commissioner was eligible for two additional permissible sources of compensation: Fees for service as sheriff ex officio, permitted by OCGA § 48-5-137, and fees for collecting City of Forsyth taxes, permitted…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.