Bill Text: GA HB203 | 2009-2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Local government; development authorities; clarify certain terms

Spectrum: Moderate Partisan Bill (Republican 4-1)

Status: (Passed) 2010-05-07 - Effective Date [HB203 Detail]

Download: Georgia-2009-HB203-Introduced.html

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09 LC 28 4507

House Bill 203

By: Representatives Jacobs of the 80th, Chambers of the 81st, Millar of the 79th, and Levitas of the 82nd

A BILL TO BE ENTITLED
AN ACT

To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide an express exception to the prohibition against requiring development authorities to be subject to certain referendums; to clarify certain terms; to clarify and give effect to the legislative intent regarding House Bill No. 181, approved May 24, 2007 (Ga. L. 2007, p. 421); to clarify the application of the referendum requirement for the issuance of bonds by certain authorities; 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.

Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by revising Code Section 36-62-11, relating to applicability of certain other provisions of law to proceedings under chapter, as follows:

"36-62-11.

This chapter shall be liberally construed to effect the purposes hereof, and insofar as this chapter may be inconsistent with the provisions of any other law, including the charter of any municipal corporation, this chapter shall be controlling. The sale or issuance of bonds by any authority shall not be subject to regulation under Chapter 5 of Title 10, the 'Georgia Securities Law,' or any other law. No proceeding or publication not required in this chapter shall be necessary to the performance of any act authorized in this chapter, nor shall any such act be subject to referendum except as provided by subsection (c) of Code Section 36-75-11."

SECTION 2.

Said chapter is further amended by revising Code Section 36-75-11, relating to resolutions and referendums required prior to issuance of bonded indebtedness for new projects, as follows:

"36-75-11.

(a) On and after May 24, 2007, no public safety and judicial facilities authority created and activated by a single county pursuant to this chapter shall be authorized to issue bonded indebtedness bonds 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.

(b) If a public safety and judicial facilities authority created and activated by a single county pursuant to this chapter desires to fund multiple projects in a bond issue, such projects shall be ranked in the order they will be funded after approval by the governing authority and ratification by the electors under this Code section. Such order of funding shall be binding on the public safety and judicial facilities authority and such projects shall be funded in the order approved unless a different order is submitted to the governing authority for approval and electors for ratification.

(c) Any authority other than the type of authority defined in paragraph (1) of Code Section 36-75-3:

(1) Which is authorized by general or local Act to operate and incur bonded indebtedness issue bonds in a single county that has activated or that activates a public safety and judicial facilities authority pursuant to this chapter; and

(2) Which constructs or operates buildings or facilities for use by any department, agency, division, or commission of any county that has activated or that activates a public safety and judicial facilities authority pursuant to this chapter

shall obtain approval by resolution and referendum as provided in this Code section prior to issuing bonds for any new buildings or facilities or improvements to existing buildings or facilities.

(d) This Code section shall apply only to the issuance of bonds, the principal and interest of which will be repaid, directly or indirectly, through funds of the county, which shall include, but not be limited to, arrangements in which the county agrees to lease or rent the buildings, facilities, or improvements from the authority to provide the revenue to repay the bonds."

SECTION 3.

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

SECTION 4.

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