25 LC 50 0978 House Bill 168 By: Representatives Horner of the 3 rd , Kelley of the 16 th , Cannon of the 172 nd , Ridley of the 6 th , Camp of the 135 th , and others A BILL TO BE ENTITLED AN ACT To amend Part 1 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia 1 Annotated, relating to County Special Purpose Local Option Sales Tax (SPLOST), so as to2 require the enactment of a local Act for the reimposition of such tax; to provide for related3 matters; to repeal conflicting laws; and for other purposes.4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 SECTION 1.6 Part 1 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated,7 relating to County Special Purpose Local Option Sales Tax (SPLOST), is amended by8 revising subsection (c) of Code Section 48-8-112, relating to effective date of tax,9 termination of tax, limitation on taxation, and continuation of tax, as follows:10 "(c)(1) At any time no more than a single 1 percent tax under this part may be imposed11 within a special district.12 (2) The governing authority of a county in a special district in which a tax authorized by13 this part is in effect may, while the tax is in effect, adopt a resolution or ordinance calling14 for the reimposition of a tax as authorized by this part upon the termination of the tax15 then in effect; and a special election may be held for this purpose while the tax is in16 H. B. 168 - 1 - 25 LC 50 0978 effect. Except as provided in paragraph (4) of this subsection, proceedings Proceedings17 for the reimposition of a tax shall be in the same manner as proceedings for the initial18 imposition of the tax, but the newly authorized tax shall not be imposed until the19 expiration of the tax then in effect; provided, however, that, in the event of emergency20 conditions under which a county is unable to conduct a referendum so as to continue the21 tax then in effect without interruption, the commissioner may, if feasible administratively,22 waive the limitations of subsection (a) of this Code section to the minimum extent23 necessary so as to permit the reimposition of a tax, if otherwise approved as required24 under this Code section, without interruption, upon the expiration of the tax then in effect.25 (3) Following the expiration of a tax under this part, the governing authority of a county26 within a special district may initiate proceedings for the reimposition of a tax under this27 part in the same manner as provided in this part for initial imposition of such tax, except28 as provided in paragraph (4) of this subsection.29 (4) The reimposition of a tax as authorized by this part pursuant to paragraph (2) or (3)30 of this subsection shall be conditioned upon compliance with the requirements of this part31 and, subsequent to such requirements being met, the enactment of a local Act by the32 General Assembly enabling the reimposition of such tax."33 SECTION 2.34 All laws and parts of laws in conflict with this Act are repealed.35 H. B. 168 - 2 -