Title 48, Chapter 8, Section 89.1
( 48-8-89.1)
(a) If there exists within any special district in which the tax authorized by this article is imposed a qualified municipality which was not a qualified municipality on the date of filing with the commissioner of the most recently filed certificate under Code Section 48-8-89, such qualified municipality may request the commissioner to give notice of the qualified municipality's existence as provided in this subsection. Upon receipt of such a request, the commissioner shall, unless he determines that the requesting entity is not a qualified municipality, within 30 days give written notice of the qualified municipality's existence to the county which is conterminous with the special district in which the qualified municipality is located and to each other qualified municipality within the special district. Such written notice shall include the name of the new qualified municipality, the effective date of the notice, and a statement of the provisions of this Code section. (b) Within 60 days after the effective date of the notice referred
to in subsection (a) of this Code section, a new distribution
certificate shall be filed with the commissioner for the special
district. This distribution certificate shall specify by percentage
what portion of the proceeds of the tax available for distribution
within the special district shall be received by the county in which
the special district is located and by each qualified municipality
located wholly or partially within the special district, including
the new qualified municipality. No distribution certificate may
contain a total of specified percentages in excess of 100 percent. (c) Except as otherwise provided in this subsection, a distribution
certificate required by this Code section must be executed by the
governing authorities of the county within which the special
district is located and each qualified municipality located wholly
or partially within the special district, including the new
qualified municipality. Notwithstanding the fact that a certificate
shall not contain an execution in behalf of one or more qualified
municipalities within the special district, if the combined total of
the populations of all such absent municipalities is less than
one-half of the aggregate population of all qualified municipalities
located within the special district, the submitting political
subdivisions shall, in behalf of the absent municipalities, specify
a percentage of that portion of the remaining proceeds which each
such municipality shall receive, which percentage shall not be less
than that proportion which each absent municipality's population
bears to the total population of all qualified municipalities within
the special district multiplied by that portion of the remaining
proceeds which are received by all qualified municipalities within
the special district. For the purpose of determining the population
of the absent municipalities, only that portion of the population of
each such municipality which is located within the special district
shall be computed. (d) If a new certificate is not filed for any special district as required by this Code section, the authority to impose the tax authorized by Code Section 48-8-82 within that special district shall cease on the first day of January of the year following the year in which the required distribution certificate could last have been timely filed. In any special district in which the authority to impose the tax is terminated pursuant to this subsection, the tax may thereafter be reimposed only pursuant to the procedures specified in Code Sections 48-8-84 through 48-8-86. (e) If a new certificate is filed as required by this Code section, the commissioner shall begin to distribute the proceeds as specified in the new certificate on the first day of January of the first calendar year which begins more than 60 days after the effective date of the notice referred to in subsection (b) of this Code section. The commissioner shall continue to distribute the proceeds of the tax according to the new certificate until a subsequent certificate is filed and becomes effective as provided in Code Section 48-8-89. |