Bill Text: GA HB1271 | 2011-2012 | Regular Session | Introduced

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Bill Title: Brunswick-Glynn County Joint Water and Sewer Commission; immunity for commission and its officers, agents and employees; provide

Spectrum: Partisan Bill (Republican 3-0)

Status: (Passed) 2012-04-11 - Effective Date [HB1271 Detail]

Download: Georgia-2011-HB1271-Introduced.html

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12 LC 37 1465ER/AP

House Bill 1271 (AS PASSED HOUSE AND SENATE)

By: Representatives Lane of the 167th, Atwood of the 179th, and Spencer of the 180th

A BILL TO BE ENTITLED
AN ACT

To amend an Act creating the Brunswick-Glynn County Joint Water and Sewer Commission, approved April 19, 2006 (Ga. L. 2006, p. 3661), so as to provide for immunity for the commission and its officers, agents, and employees; to provide for changes to membership, appointment, election, terms, cooperation, quorum, salaries, and officers of the commission; to provide for notices and hearings to be conducted prior to any increase in rates, fees, tolls, or charges to customers for water or sewer system services; to provide for a performance audit or performance review; to provide for a referendum; to provide for submission of this Act to the United States Department of Justice for preclearance; to provide for related matters; to provide effective dates; to provide for contingent repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I
SECTION 1-1.

An Act creating the Brunswick-Glynn County Joint Water and Sewer Commission, approved April 19, 2006 (Ga. L. 2006, p. 3661), is amended by revising Section 2 as follows:

"SECTION 2.

(a) There is hereby created a body corporate and politic, to be known as the Brunswick-Glynn County Joint Water and Sewer Commission, and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity, except that the commission and its officers, agents, and employees when in the performance of their public duties or work of the commission, shall in no event be liable for any torts or negligent acts and shall have immunity therefrom, nor shall the commission be vicariously liable for any torts committed by its officers, agents, and employees. The commission shall have perpetual existence, and shall be deemed a governmental body within the meaning of the Georgia Revenue Bond Law, Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, specifically under subparagraph (2)(C) of Code Section 36-82-61.

(b)(1) No person, firm, or corporation having a claim for money damages against the commission on account of injuries to any person or property shall bring any action against the commission for such injuries without first giving notice within six months of the happening of the event upon which a claim is predicated.

(2) The person, firm, or corporation shall present the claim in writing to the governing authority of the commission for adjustment, stating the time, place, and extent of the injury, as nearly as practicable, and the negligence which caused the injury. No action shall be entertained by the courts against the commission until the cause of action therein has first been presented to the governing authority of the commission for adjustment.

(3) The commission shall have 30 days from the presentation of the claim to consider and act upon the claim. Action by the commission, unless it results in the settlement thereof, shall in no sense be a bar to an action therefor in the courts.

(4) The running of the statute of limitations shall be suspended during the time that the demand for payment is pending before the commission without action on the part of the commission."

SECTION 1-2.

Said Act is further amended by adding after Section 7 two new sections to read as follows:

"SECTION 7A.

The commission shall not approve any increase in rates, fees, tolls, or charges to customers for water or sewer system services except after notices and hearings as required by this section. The commission shall conduct at least two public hearings within the territory of Glynn County prior to approving any such increase, with at least one hearing conducted at a location on the mainland and at least one hearing conducted during a different calendar week on St. Simons Island. Notice of such hearings, specifying the dates, times, locations, and subject matter thereof, shall be published in the legal organ of Glynn County at least once a week for two successive weeks, with the first such notice being published not less than 30 days in advance of the first such hearing, and shall be prominently displayed and posted on the commission's website. The notice shall also be a prominently displayed advertisement or news article or placed in that section of the newspaper where legal notices appear. The contents of such notice shall also be included at least once in bills for service to those persons who are water or sewer service customers of the commission, at least one and not more than two billing cycles prior to the date of the first hearing. The notices published in the legal organ and included in customers' bills shall include a financial justification for any such proposed increase, with five-year projections of future operating revenues and expenses with and without such proposed increase, along with a history of the dates and amounts of any changes in customer rates, fees, tolls, or charges previously approved by the commission during the five-year period immediately preceding the effective date of the proposed increase.

SECTION 7B.

The commission shall provide for a continuing performance audit or performance review. The first of such audits or performance reviews shall be conducted according to this provision within one year after the effective date of this Act, and every four years thereafter. The commission shall contract with an outside auditor, consultant, or other provider for such performance audit or performance review. The performance audit or performance review contract shall:

(1) Include a goal of ensuring to the maximum extent possible that the commission is operating as efficiently and economically as possible; and

(2) Provide for the issuance of periodic public recommendations, not less often than once every four years, for improvements in meeting the goal specified in paragraph (1) of this section.

The results of the performance audit or performance review shall be published on the commission website and shall be made available for inspection at the office of the commission within 60 days of the completion of such audit or review."

PART II
SECTION 2-1.

An Act creating the Brunswick-Glynn County Joint Water and Sewer Commission, approved April 19, 2006 (Ga. L. 2006, p. 3661), is amended by revising Section 4 as follows:

"SECTION 4.

(a) The commission is continued, but shall be constituted as provided in this Act. On and after January 1, 2013, the commission shall consist of seven members as provided for in this Act.

(b) The governing authorities of the county and the city shall each appoint one of their members to the commission. The initial term of the member appointed by the city and the member appointed by the county shall be for a period of one year beginning January 1, 2013, and until their respective successors are selected and qualified, and all succeeding terms shall be for a period of two years and until their respective successors are selected and qualified, except that no member appointed to one of these two positions or their successors in office shall serve beyond their term in office as a member of the respective appointing body. There shall be no limit to the number of terms a person may serve as a member of the commission.

(c) The current members of the commission on the effective date of this Act shall continue to serve until the effective date of this Act and until their respective successors shall be appointed and qualified.

(d) Five citizen members shall serve on the commission. The grand jury of Glynn County shall select and name three citizens to serve on the commission as provided by this Act. Citizen 1 and Citizen 3 appointed by the grand jury shall serve for a period of one year beginning January 1, 2013, and until their respective successors are appointed and qualified, and all succeeding terms shall be for a period of two years and until their respective successors are appointed and qualified. Citizen 2 appointed by the grand jury shall serve for a period of two years beginning January 1, 2013, and until his or her successor is appointed and qualified, and all succeeding terms shall be for a period of two years and until his or her successor is appointed and qualified. Successors in office to the original three citizen members shall be selected in the same manner by the grand jury then sitting. The grand jury shall seek applications from residents of the city or county and select the citizen members from these applicants. The citizens shall be selected, if such persons apply for commission membership, from individuals possessing specialized engineering, finance or related business education or experience, including, but not limited to, accounting, public relations, or other experience or education relating to the operation of a water and sewer authority, industrial management, or related business.

(e) Within 30 days after the effective date of this Act, the grand jury shall cause to be advertised citizen positions on the commission setting forth the qualifications and application process. The grand jury shall set a date certain to receive the applications and conduct interviews within 30 days of such advertisement. The grand jury shall accept applications, conduct interviews, and verify applicants' information, and make selections no later than 90 days after the initial advertisement. Prior to final membership selection, the grand jury shall also set a date and time for public comment and the grand jury may consider comments from private citizens at such public hearings. The first appointees shall begin their terms on January 1, 2013, and thereafter such selections shall be made no later than the second Monday of December and each appointee's term shall begin the following January of each year.

(f) The two additional members of the commission, Citizen 4 and Citizen 5, shall be elected by the qualified electors of the entire county at a special election to be conducted in conjunction with the state-wide general election in 2012. Members shall be elected for two-year terms of office and until their respective successors are elected and qualified. Such members shall take office on January 1 following their election.

(g) Successors to the members elected under subsection (f) of this section shall be elected at the state-wide general election next preceding the expiration of the term of office for terms of two years and until their respective successors are elected and qualified. Such successors to the members shall take office on January 1 following their election.

(h) Each citizen member of the commission shall have been a resident of the county for at least 12 months prior to his or her appointment, shall be 21 years of age or older, and shall be registered to vote in this state.

(i) In the event of a vacancy, with the exception of those appointed by the governing authority of the county and city, a member's successor shall be appointed by the grand jury of Glynn County.

(j) The commission may declare that any appointed member missing three consecutive meetings of the commission has vacated his or her office. The commission may for good cause shown excuse any absence of an individual member so that it does not count toward this limit. If the commission declares an office vacated, it may request the county or the city, or grand jury as appropriate, to name a successor to serve the balance of that former member's term. Within 30 days of receiving such a request, the governing commission of the county or the city or the grand jury shall appoint a successor. Members of the commission shall be officers of the commission when performing the functions of those offices and those members appointed from the city or county shall not be deemed to be officers of the city or county.

(k) Except for those members appointed under subsection (b) of this section, all members shall be paid $500.00 per month and shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties, including mileage reimbursed at the standard business mileage rate as determined by the Internal Revenue Service and adopted by the commission.

(l) A quorum of the members of the commission shall be required to transact any business. Five members of the commission shall constitute a quorum. Meetings of the commission shall be conducted in accordance with Robert's Rules of Order.

(m) The commission shall elect a chairperson from its members to serve a one-year term. There shall be no limit to the number of terms, consecutive or otherwise, that the chairperson may serve."

PART III
SECTION 3-1.

An Act creating the Brunswick-Glynn County Joint Water and Sewer Commission, approved April 19, 2006 (Ga. L. 2006, p. 3661), is amended by revising Section 4 as follows:

"SECTION 4.

(a) The commission is continued, but shall be constituted as provided in this Act. On and after January 1, 2013, the commission shall consist of seven members as provided for in this Act.

(b) The governing authorities of the county and the city shall each appoint one of their members to the commission. The initial term of the member appointed by the city and the member appointed by the county shall be for a period of one year beginning January 1, 2013, and until their respective successors are selected and qualified, and all succeeding terms shall be for a period of two years and until their respective successors are selected and qualified, except that no member appointed to one of these two positions or their successors in office shall serve beyond their term in office as a member of the respective appointing body. There shall be no limit to the number of terms a person may serve as a member of the commission.

(c) The current members of the commission on the effective date of this Act shall continue to serve until the effective date of this Act and until their respective successors shall be appointed and qualified.

(d) The grand jury of Glynn County shall select and name five citizens to serve on the commission as provided by this Act. Citizens 1, 2, and 3 appointed by the grand jury shall serve for a period of one year beginning January 1, 2013, and until their respective successors are appointed and qualified, and all succeeding terms shall be for a period of two years and until their respective successors are appointed and qualified. Citizens 4 and 5 shall serve for a period of two years beginning January 1, 2013, and until their respective successors are appointed and qualified, and all succeeding terms shall be for a period of two years and until their respective successors are appointed and qualified. Successors in office to the original five citizen members shall be selected in the same manner by the grand jury then sitting. The grand jury shall seek applications from residents of the city or county and select the citizen members from these applicants. Three of the citizens shall be selected, if such persons apply for commission membership, from individuals possessing specialized engineering, finance or related business education or experience, including, but not limited to, accounting, public relations, or other experience or education relating to the operation of a water and sewer authority, industrial management, or related business.

(e) Two of the citizens shall be selected by the grand jury from applicants that demonstrate to the grand jury's satisfaction a desire to serve and have demonstrated through the application and interview process sufficient ability to serve.

(f) Within 30 days after the effective date of this Act, the grand jury shall cause to be advertised citizen positions on the commission setting forth the qualifications and application process. The grand jury shall set a date certain to receive the applications and conduct interviews within 30 days of such advertisement. The grand jury shall accept applications, conduct interviews, and verify applicants' information, and make selections no later than 90 days after the initial advertisement. Prior to final membership selection, the grand jury shall also set a date and time for public comment and the grand jury may consider comments from private citizens at such public hearings. The first appointees shall begin their terms on January 1, 2013, and thereafter such selections shall be made no later than the second Monday of December and each appointee's term shall begin the following January of each year.

(g) Each citizen member of the commission shall have been a resident of the county for at least 12 months prior to his or her appointment, shall be 21 years of age or older, and shall be registered to vote in this state.

(h) In the event of a vacancy, with the exception of those appointed by the governing authority of the county and the city, a member's successor shall be appointed by the grand jury of Glynn County.

(i) The commission may declare that any appointed member missing three consecutive meetings of the commission has vacated his or her office. The commission may for good cause shown excuse any absence of an individual member so that it does not count toward this limit. If the commission declares an office vacated, it may request the county or the city, or grand jury as appropriate, to name a successor to serve the balance of that former member's term. Within 30 days of receiving such a request, the governing commission of the county or the city or the grand jury shall appoint a successor. Members of the commission shall be officers of the commission when performing the functions of those offices and those members appointed from the city or county shall not be deemed to be officers of the city or county.

(j) Except for those members appointed under subsection (b) of this section, all members shall be paid $500.00 per month and shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties, including mileage reimbursed at the standard business mileage rate as determined by the Internal Revenue Service and adopted by the commission.

(k) A quorum of the members of the commission shall be required to transact any business. Five members of the commission shall constitute a quorum. Meetings of the commission shall be conducted in accordance with Robert's Rules of Order.

(l) The commission shall elect a chairperson from its members to serve a one-year term. There shall be no limit to the number of terms, consecutive or otherwise, that the chairperson may serve."

PART IV
SECTION 4-1.

Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Glynn County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of all of Glynn County for approval or rejection. The election superintendent shall conduct the election on the date of the state-wide general primary in 2012 and shall issue the call and conduct that election as provided by general law. The election superintendent of Glynn County shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Glynn County. The ballot shall have written or printed thereon the words:

(  )  YES (  )  NO	"QUESTION NO. 1 Shall the Act be approved which changes the membership of the Brunswick-Glynn County Joint Water and Sewer Commission?
	QUESTION NO. 2 If a majority of the votes cast on this question are in favor of changing the membership of the Brunswick-Glynn County Joint Water and Sewer Commission, select the method of selecting the seven citizen members which you favor by placing a check (✓) mark or (X) in the appropriate space below. Vote for only one of the options below:
(  )	OPTION 1 A seven member commission, two of whom are appointed one each by the respective governing authorities of the county and city, and five citizen members, three of whom are selected by the grand jury of Glynn County and two of whom are elected by the qualified electors of the entire county.

(  )	OPTION 2 A seven member commission, two of whom are appointed one each by the respective governing authorities of the county and city, and five citizen members selected by the grand jury of Glynn County."

No voter shall vote for more than one of the options in Question No. 2. All persons desiring to vote for approval of changing the membership of the Brunswick-Glynn County Joint Water and Sewer Commission shall vote "Yes" on Question No. 1, and all persons desiring to vote against changing the membership of the Brunswick-Glynn County Joint Water and Sewer Commission shall vote "No" on Question No. 1. If more than one-half of the votes cast on Question No. 1 are for approval of changing the membership of the Brunswick-Glynn County Joint Water and Sewer Commission, then either Part II or Part III of this Act shall become effective as provided for in this section; otherwise, neither Part II nor Part III shall become effective and those portions of the Act shall be automatically repealed on the first day of January following that election date. If more than one-half of the votes cast on Question No. 1 are for approval of changing the membership of the Brunswick-Glynn County Joint Water and Sewer Commission and more than one-half of the votes cast on Question 2 are cast in favor of Option 1 or there is a tie vote between Option 1 and Option 2, then Part II of this Act shall become effective on January 1, 2013, and Part III of this Act shall be automatically repealed on January 1, 2013. If more than one-half of the votes cast on Question No. 1 are for approval of changing the membership of the Brunswick-Glynn County Joint Water and Sewer Commission and more than one-half of the votes cast on Question No. 2 are in favor of Option 2, then Part III of this Act shall become effective on January 1, 2013, and Part II of this Act shall be automatically repealed on January 1, 2013. The expense of such election shall be borne by Glynn County. It shall be the duty of the election superintendent to certify the results thereof to the Secretary of State.

SECTION 4-2.

The Brunswick-Glynn County Joint Water and Sewer Commission shall cause, through its legal counsel, this Act to be submitted for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended, within 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.

SECTION 4-3.

(a) Part I of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
(b) Except as otherwise provided for in Section 4-1 of this Act, the remaining sections of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4-4.

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