ATLANTA --- Georgia's top lawyer says the state must hand over $18 million in disputed sales tax revenue to local governments in the midst of a crippling state budget crunch.
The opinion from Attorney General Thurbert Baker was obtained by The Associated Press.
A spokesman for Gov. Sonny Perdue was critical of the opinion, and said Wednesday the office was analyzing the decision. He declined to say whether they would comply.
But county officials who are grappling with economic woes of their own praised Baker's opinion, which they say could hand them some badly-needed cash.
"Every little bit helps," said Clint Mueller, the legislative director for the Association County Commissioners of Georgia.
Baker delivered the 15-page opinion to Lt. Gov. Casey Cagle, who had sought legal advice on who had rights to a pot of "unidentifiable" sales tax revenues.
At issue are sales taxes collected by the state without clear information about which local government they belong to. Typically, Georgia collects sales taxes from merchants and then distributes a portion back to the appropriate local government. But some of the sales taxes arrive in state coffers without the information needed to determine which county they belong to. Under state law, the revenue commissioner divvies up those "unidentifiable" funds among local governments.
In 2008, however, the state law handing state revenue Commissioner Bart Graham that authority expired. When the state law was enacted again in May 2009 it was unclear what should become of the roughly $18 million in "unidentifiable" sales tax revenues that had accumulated during the 16-month gap.
Jaillene Hunter, a spokeswoman for Cagle, said he asked Baker for guidance last July "in order to prepare for budget discussions and to receive clarification on the pot of local government sales tax dollars."
But Perdue spokesman Bert Brantley suggested the law was clear. Lawmakers could have made the law retroactive "and chose not to do that," Brantley said.
"This opinion from the attorney general appears to be an attempt to speak for the legislature rather than applying the plain language it passed last year," Brantley said.
The decision comes as the state is scrambling to fill what is shaping up as another $1 billion shortfall for the fiscal year that begins July 1. This week state money managers reported that tax collections are down for the 15th straight month.
County governments likewise have been hit hard by the economic downturn, pummeled by declining property tax revenues.
Baker is a Democratic candidate for governor. Cagle, a Republican, is seeking re-election.
Local county finance officials said Wednesday they're uncertain what impact the action will have.
Donna Williams, Richmond County finance director, said she was notified of the sales tax issue by the Association County Commissioners of Georgia.
Leanne DeLoach, Columbia County financial services director, said she last received a check from the state revenue department in November for about $200,000.
Richmond County's sales tax collections were down 17 percent in January compared with January 2009. Columbia County's sales taxes are down by more than 5 percent for the year.
-- Donnie Fetter, Columbia County Bureau Chief
If Columbia County doesn't get spending under control and lower property tax, they will drive it down even more.
msg, you can forget about CC taxes being lowered. Build, build, build means spend, spend, spend.
I think CC property taxes will go down this year because our property value declines will finally show up in the next round of assessments.
If you do not see the value of your home go down on your assessment then you need to call the county & challenge it. Homes in most neighborhoods have declined in value so at least we'll get some benefit from it (assuming they don't put the screws to us & raise our millage rates).
So, msgret, you are correct, they'd better get spending under control because lower tax collections are on the horizon.