10 LC 28 5041

House Bill 1131

By: Representatives Henson of the 87th, Mosby of the 90th, Bruce of the 64th, Abrams of the 84th, Benfield of the 85th, and others

A BILL TO BE ENTITLED
AN ACT

To amend Chapter 75 of Title 36 of the Official Code of Georgia Annotated, relating to the "War on Terrorism Local Assistance Act," so as to express legislative intent; to repeal certain provisions requiring referenda and prohibiting the activation of a joint public safety and judicial facilities authority under certain circumstances; to provide that certain public safety and judicial facilities authorities shall be subject to a resolution and referendum process for the issuance of bonds; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

It is the intent of the General Assembly to repeal those provisions of law enacted by House Bill 181 from the 2007 Regular Session (Ga. L. 2007, p. 421).

SECTION 2.

Chapter 75 of Title 36 of the Official Code of Georgia Annotated, relating to the "War on Terrorism Local Assistance Act," is amending by adding a new subsection to Code Section 36-75-8, relating to bonds and notes, to read as follows:

"(h) No public safety and judicial facilities authority created and activated before January 1, 2010, pursuant to this chapter shall be authorized to issue bonded indebtedness for new projects unless a resolution approving such projects passed by a majority vote of the governing authority of the county that created and activated such authority was ratified by the electors of the county in a referendum."

SECTION 3.

Said chapter is further amended by repealing Code Sections 36-75-11, 36-75-12, and 36-75-13, relating to resolutions and referendums required prior to issuance of bonded indebtedness for new projects, authorities with maximum amount of bonded indebtedness to obtain approval by resolution and referendum prior to issuing additional bonds, and jurisdictions with activated public safety and judicial facilities authorities prohibited from also activating joint public safety and judicial facilities authority, respectively, in their entirety.

SECTION 4.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 5.

All laws and parts of laws in conflict with this Act are repealed.