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| Georgia General Assembly |
HB142.html
LC 18 0790ERS
The House Committee on Ways
and Means offers the following substitute to HB
142:
A BILL TO BE
ENTITLED
AN ACT
To amend Part 2 of Article 3 of Chapter 5 of Title 48 of the
Official Code of Georgia Annotated, relating to tax collectors and tax
commissioners, so as to provide for mandatory training and required
certification for tax commissioners and for employees of tax commissioners in
certain counties; to provide for funding to include salary supplements for those
who achieve and maintain required certification levels; to provide for increased
compensation for certain county governments to offset increased costs borne by
counties because of the new and increased workload in receiving, processing, and
issuing motor vehicle registrations and certificates of title; to provide for
all necessary procedures connected therewith; to provide for effective dates; to
repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Part 2 of Article 3 of Chapter 5 of Title 48 of the Official
Code of Georgia Annotated, relating to tax collectors and tax commissioners, is
amended by adding two new Code sections immediately following Code Section
48-5-126.1 to be designated Code Section 48-5-126.2 and 48-5-126.3 to read as
follows:
"48-5-126.2.
(a)(1)
In addition to the fee provided for by Code Section 40-2-33 for tag agent
commissions allowed for the registration of motor vehicles, an additional amount
of $1.00 per license plate or revalidation decal issued by each county tax
commissioner shall be withheld from funds to be paid to the
commissioner.
(2) In addition to the fee provided for
by Code Section 40-3-39 for tag agent commissions allowed for the receiving,
processing, and issuing of motor vehicle certificates of title, an additional
amount of $1.00 for each such application received by each county tax
commissioner shall be withheld from funds to be paid to the
commissioner.
(b) The fees what are withheld in
accordance with subsection (a) of this Code section shall be allocated and paid
over as follows:
(1) One-half of the additional fee
for the registration of motor vehicles and one-half of the additional fee for
receiving and processing applications for motor vehicle certificates of title
shall be retained by the tax commissioner, shall become the property of the
county, and shall be turned over to the fiscal authority of the county by the
tax commissioner.
(2) One-half of the additional fee
for the registration of motor vehicles and one-half of the additional fee for
receiving and processing motor vehicle certificates of title shall be remitted
to the commissioner and shall be maintained and used by the commissioner only as
provided for by Code Section
48-5-126.3.
48-5-126.3.
(a)(1)
The commissioner shall establish, and the state merit system may review, the
qualifications of not more than four levels or types of employee classification
necessary and adequate to perform all clerical, accounting, technical, and
administrative functions within the office of tax commissioner relating both to
motor vehicle registration and title responsibilities as well as all functions
relating to the administration of property tax within the tax
commissioner´s office.
(2) Not later than
December 31, 2001, the commissioner shall also establish a comprehensive program
of training courses designed to qualify tax commissioners and employees of tax
commissioners for each of the various classification levels that have been
determined. The commissioner may prepare and provide course instruction or may
contract with institutions of higher learning or with other qualified entities
for the development of necessary educational courses and materials and their
instruction. The courses shall be offered periodically at reasonable locations
designed to ensure access by tax commissioners and their employees in each
county in the state.
(b)(1) Not later than December
31, 2001, the commissioner shall establish by regulation the appropriate minimum
number of staff employees which may include tax commissioners necessary to
perform the employee functions within each classification level within each
county. The number thus established shall be sufficient and adequate to perform
all motor vehicle and property tax functions of the tax commissioner´s
office.
(2) Not later than February 1, 2002, the
commissioner shall also develop and instruct a comprehensive program of
continuing education courses designed to enable tax commissioners and employees
to attain and maintain appropriate levels of certification during their periods
of employment.
(3) The commissioner shall develop
criteria and evaluation methods to measure the competence of each person seeking
qualification at each of the levels of classification established. The
commissioner shall certify the classification level successfully achieved and
maintained by each person and shall maintain all records of course completion
and certification.
(c) The commissioner is authorized
to utilize a portion of the funds remitted to the department pursuant to Code
Section 48-5-126.2 to pay necessary and reasonable costs of preparing,
instructing, and administering the certification training program provided for
in this Code section including necessary and reasonable operating costs incurred
by the department provided for in this Code
section.
(d) On or after July 1, 2002, the
commissioner shall pay, from the funds remitted to the commissioner pursuant to
Code Section 48-5-126.2, salary supplements to tax commissioners and employees
who fill the minimum staff positions in each classification level as defined by
the commissioner in each county except for the minimum, entry level
classifications. These salary supplements shall be equal to $100.00 per month
for those certified at the second level; $200.00 per month for those certified
at the third level; and $300.00 per month for employees certified at the fourth
level. The total of all supplements to be paid in each county shall be paid by
the commissioner to the county fiscal authority on behalf of each designated
person and those supplements shall be paid to each such designated person as a
part of his or her compensation. The costs of employee benefits, etc., that are
associated with these salary supplements shall be borne by the county from the
increased commission retained by them as provided for in paragraph (1) of
subsection (b) of Code Section 48-5-126.2. Supplements shall be paid only to
those persons who fill those positions that are established by the commissioner
as the appropriate minimum staff requirements for each qualified county, and
such supplements shall be paid only to those persons who maintain their
certification as required by the regulations established by the
commissioner.
(e) At the end of each fiscal year,
funds remaining from the funds remitted pursuant to Code Section 48-5-126.2,
which have not been specifically obligated by the commissioner for training
course development and instruction expenses or for salary supplements to be paid
for the current fiscal year and for the two months following the close of the
fiscal year, shall lapse and become part of the general fund of the
state."
SECTION 2.
This Act shall become effective on July 1,
2001.
SECTION 3.
All laws and parts of laws in conflict with this Act are
repealed.