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Call Now: 904-383-7448(Ga. L. 1919, p. 288, § 122; Code 1933, § 32-1106; Ga. L. 1946, p. 206, § 12; Code 1933, § 91A-1705, enacted by Ga. L. 1978, p. 309, § 2; Ga. L. 1980, p. 367, § 1; Ga. L. 1982, p. 1853, §§ 1, 2; Ga. L. 1983, p. 3, § 64; Ga. L. 1984, p. 22, § 48; Ga. L. 1994, p. 237, § 2; Ga. L. 2000, p. 1198, § 1.)
- Reduction of established rate by local act, Ga. Const. 1983, Art. VIII, Sec. VI, Para. III.
Minimum salaries for tax collectors and tax commissioners, § 48-5-183.
- Ga. L. 1982, p. 996, § 6, which had been codified as subsection (c) of § 48-5-405, stated that it amended § 48-5-405 but appears to have been intended as an amendment to this Code section. Ga. L. 1983, p. 414, § 1, effective July 1, 1983, repealed subsection (c) of § 48-5-405 as added by Ga. L. 1982, p. 996, § 6. The repealed subsection dealt with the disbursement of educational funds collected by tax commissioners and collectors in counties with populations between 150,300 and 155,000.
Ga. L. 1983, p. 4113, § 1, effective July 1, 1983, not codified by the General Assembly, provides that the tax commissioner in Clayton County shall remit all education funds collected by him to the board of education of Clayton County, except for 1.60 percent of those funds which he is to remit to the governing authority of Clayton County to reimburse the county for the expenses incurred in collecting school taxes. Section 2 of that Act provides that: "It is the intention of this Act to reduce the amount authorized by subsection (a) of Code Section 48-5-404 of the O.C.G.A. as reimbursement to counties for the collection of school taxes, and this Act is pursuant to the specific authority of Paragraph III of Section VI of Article VIII of the Constitution of the State of Georgia."
- These commissions are necessary and incidental whether or not tax commissioners are compensated on a fee or salary basis. Clayton County v. Worsham, 239 Ga. 135, 236 S.E.2d 80 (1977).
- Once a tax commissioner has been placed solely on a salary basis with no explicit provision in the statute for using school tax funds for the payment of that salary, school tax funds cannot be constitutionally used for that purpose under Ga. Const. 1945, Art. VIII, Sec. XII, Para. I (see now Ga. Const. 1983, Art. VIII, Sec. VI, Para. I). Coleman v. Kiley, 236 Ga. 751, 225 S.E.2d 273 (1976).
- County ordinance and state statute under which a county received a 2.5% commission for collecting school taxes was constitutional as Ga. Const. 1983, Art. VIII, Sec. VI, Para. III and O.C.G.A. § 48-5-404(a) allowed the entity that collected school taxes up to a 2.5% commission. Bd. of Pub. Educ. v. Hair, 276 Ga. 575, 581 S.E.2d 28 (2003).
Cited in Chatham County v. Kiley, 249 Ga. 110, 288 S.E.2d 551 (1982); Board of Comm'rs v. Clayton County Sch. Dist., 250 Ga. 244, 297 S.E.2d 724 (1982).
- County tax collector is entitled to a commission of 2 1/2 percent for collecting the school tax for the maintenance and operation of public schools and a commission of 2 1/2 percent for collecting the school bond tax; since the tax collector is on a salary basis, both commissions will be paid over to the county. 1954-56 Op. Att'y Gen. p. 886.
- Statute makes no specific reference to commissions to be paid tax collectors for the collection of school bond taxes. However, school bond taxes would be classified as school taxes and the rate for collection thereof would be 2 1/2 percent. Taxes collected for this purpose should be paid over to the county board of education rather than the county commissioners. 1952-53 Op. Att'y Gen. p. 30.
- Provision for additional compensation in Ga. L. 1937-38, Ex. Sess., p. 297, § 3 (see now O.C.G.A. § 48-5-180) did not apply to taxes levied for school purposes. A tax collector, if on a fee basis, was entitled to receive 2 1/2 percent of all taxes collected for school purposes as was provided in former Code 1933, § 32-1106 (see now O.C.G.A. § 48-5-404). 1958-59 Op. Att'y Gen. p. 388.
Compensation provided for in former Code 1933, § 92-5301 (see now O.C.G.A. § 48-5-180) did not apply to school taxes on which the compensation was fixed. 1970 Op. Att'y Gen. No. U70-163.
- Construing this statute, the tax collector is not authorized to retain 10 percent of the excess of 90 percent collected in regard to school taxes and bonds. 1950-51 Op. Att'y Gen. p. 247.
Statute applies to tax collectors, and not to tax receivers. 1970 Op. Att'y Gen. No. U70-17.
- Commissions on the collection of county school taxes may only be expended to provide for the maintenance and support of the county public school systems. In those counties where the tax commissioner is paid on a salary basis these commissions may not be paid to the county fiscal authorities without specific legislative direction that the funds be expended by those authorities solely for the support and maintenance of the public schools. 1976 Op. Att'y Gen. No. 76-66.
- 72 Am. Jur. 2d, State and Local Taxation, § 712, 713 et seq.
- 78A C.J.S., Schools and School Districts, §§ 613, 614.
- Propriety of using census data as basis for governmental regulations or activities - state cases, 56 A.L.R.5th 171.
Total Results: 2
Court: Supreme Court of Georgia | Date Filed: 2005-01-10
Citation: 607 S.E.2d 881, 278 Ga. 849, 2005 Fulton County D. Rep. 133, 2005 Ga. LEXIS 25
Snippet: Const., Art. VIII, Sec. VI, Par. III; OCGA § 48-5-404(a). [9] Id. [10] Compare Clayton County Airport
Court: Supreme Court of Georgia | Date Filed: 2003-05-19
Citation: 581 S.E.2d 28, 276 Ga. 575, 2003 Fulton County D. Rep. 1566, 2003 Ga. LEXIS 487
Snippet: established may be reduced by local act."[1] OCGA § 48-5-404(a) provides that the tax commissioner shall "be