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.