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HB 149 - Education; certain schools; low-wealth capital outlay grants

Porter, DuBose (143rd)	Ray, Robert F (128th)	Floyd, Johnny W (138th)
Coleman, Terry L (142nd)	Murphy, Thomas B (18th)	Smith, Tommy (169th)

Status Summary	HC:	Ed	SC:	App	FR:	01/25/99	LA:	04/22/99	Signed by Governor

First Reader Summary

A BILL to amend Part 10 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to capital outlay funds, so as to provide for legislative findings and intent; to define certain terms; to provide for low-wealth capital outlay grants to be made by the State Board of Education to local school systems; and for other purposes.

Code Sections - 20-2-262

HB 149                                            LC 27 0798S 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Part 10 of Article 6 of Chapter 2 of Title 20 of 
  1- 2  the Official Code of Georgia Annotated, relating to capital 
  1- 3  outlay funds, so as to provide for legislative findings and 
  1- 4  intent; to define certain terms; to provide for low-wealth 
  1- 5  capital outlay grants to be made by the State Board of 
  1- 6  Education to local school systems; to establish criteria for 
  1- 7  eligibility for such grants; to provide for an effective 
  1- 8  date and automatic repeal; to repeal conflicting laws; and 
  1- 9  for other purposes. 
 
  1-10       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-11                           SECTION 1. 
 
  1-12  Part 10 of Article 6 of Chapter 2 of Title 20 of the 
  1-13  Official Code of Georgia Annotated is amended by adding a 
  1-14  new Code section, to be designated as Code Section 20-2-262, 
  1-15  to read as follows: 
 
  1-16    "20-2-262. 
 
  1-17    (a) The General Assembly finds that many local school 
  1-18    systems in Georgia have relatively weak local tax bases 
  1-19    and are unable to raise revenues sufficient to meet their 
  1-20    facility needs.  The General Assembly further finds that 
  1-21    even with current levels of state capital outlay support, 
  1-22    these systems must wait for years before they can 
  1-23    accumulate funds to initiate construction projects that 
  1-24    are needed immediately.  For some systems, the 
  1-25    availability of the local option sales tax does not 
  1-26    resolve their problem, because their commercial tax base 
  1-27    is as meager as their property wealth.  The difficulty is 
  1-28    compounded if the per capita income in the school system 
  1-29    is low, because residents have less ability to take 
  1-30    advantage of property tax and sales tax options to meet 
  1-31    their facility needs.  It is the intent of the General 
  1-32    Assembly to provide for state capital outlay grants 
  1-33    specifically targeted to low-wealth school systems, on a 
  1-34    trial basis, in order to help such systems initiate what 
 
 
 
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  2- 1    they have been unable to accomplish with existing revenue 
  2- 2    sources. 
 
  2- 3    (b) As used in this Code section, the terms 'full-time 
  2- 4    equivalent student count' and 'weighted full-time 
  2- 5    equivalent student count' shall have the same meaning as 
  2- 6    provided in Code Section 20-2-260. 
 
  2- 7    (c) The State Board of Education shall provide eligible 
  2- 8    local school systems with low-wealth capital outlay grants 
  2- 9    as provided for in this Code section, subject to 
  2-10    appropriation by the General Assembly.  Such grants shall 
  2-11    provide sufficient funds to cover 90 percent of the cost 
  2-12    of the local school system's first priority project, as 
  2-13    contained in the system's most recently approved local 
  2-14    facilities plan. 
 
  2-15    (d) Local school systems which meet the following criteria 
  2-16    shall be eligible for a low-wealth capital outlay grant: 
 
  2-17      (1) The amount of sales tax revenues per unit in the 
  2-18      full-time equivalent student count of the local school 
  2-19      system is less than 75 percent of the state-wide average 
  2-20      sales tax revenues per unit in the full-time equivalent 
  2-21      student count; 
 
  2-22      (2) The value of property per unit in the weighted 
  2-23      full-time equivalent student count of the local school 
  2-24      system is less than 75 percent of the state-wide average 
  2-25      value of property per unit in the weighted full-time 
  2-26      equivalent student count; 
 
  2-27      (3) The per capita income of residents of the local 
  2-28      school district is less than 75 percent of the 
  2-29      state-wide average per capita income level; 
 
  2-30      (4) The local school system's millage rate for 
  2-31      maintenance and operation is at least 60 percent of the 
  2-32      system's constitutional authority to recommend; or if 
  2-33      the school system is not a recommending authority, the 
  2-34      appropriations to the system represent a minimum of 60 
  2-35      percent of the amount that would be generated by a rate 
  2-36      of 20 mills; or if the school system is eligible to 
  2-37      receive local option sales tax proceeds for maintenance 
  2-38      and operation purposes, the combination of property tax 
  2-39      revenue and sales tax revenue represents a minimum of 60 
  2-40      percent of the amount that would be generated by a rate 
  2-41      of 20 mills; 
 
 
 
 
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  3- 1      (5) A special purpose local option sales tax is in 
  3- 2      effect in the local school district or the local school 
  3- 3      system has in place a millage rate for debt service on 
  3- 4      bonds, or both; and 
 
  3- 5      (6) The local school system is currently participating 
  3- 6      in advance funding from the state for capital outlay 
  3- 7      projects and will continue in that status for a minimum 
  3- 8      of one additional fiscal year beyond the fiscal year for 
  3- 9      which the grant is made." 
 
  3-10                           SECTION 2. 
 
  3-11  This Act shall become effective upon its approval by the 
  3-12  Governor or upon its becoming law without such approval and 
  3-13  shall be automatically repealed on June 30, 2002. 
 
  3-14                           SECTION 3. 
 
  3-15  All laws and parts of laws in conflict with this Act are 
  3-16  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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