hb1651_HB_1651_AP

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06 LC 28 3071/AP

House Bill 1651 (AS PASSED HOUSE AND SENATE)

By: Representative Hatfield of the 177th

A BILL TO BE ENTITLED
AN ACT

To amend an Act creating the Satilla Regional Water and Sewer Authority, previously known as the Ware County Water and Sewer Authority, approved October 1, 2001 (Ga. L. 2001, Ex. Sess., p. 705), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3689), so as to provide for the composition and selection of the members of the authority; to provide for the appointment, term, and evaluation of an executive director; to provide for certain duties of the authority; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

An Act creating the Satilla Regional Water and Sewer Authority, previously known as the Ware County Water and Sewer Authority, approved October 1, 2001 (Ga. L. 2001, Ex. Sess., p. 705), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3689), is amended by striking subsections (b) through (f) of Section 2 and inserting in lieu thereof new subsections (b) through (h) to read as follows:

"(b) The authority shall consist of four members who shall be elected by the consumers of the authority, as provided in subsection (d) of this section, and a fifth member who shall be the chairperson of the Board of Commissioners of Ware County or, in the event that such chairperson is unable or unwilling to serve, another member of the Board of Commissioners of Ware County as designated by proper resolution of the Board of Commissioners of Ware County. The chairperson of the Board of Commissioners of Ware County or his or her designated substitute shall serve as an ex officio member of the authority with all the rights, privileges, and immunities of an elected member of the authority. The term of office, as a member of the authority, of the chairperson of the Board of Commissioners of Ware County or his or her designated substitute shall run concurrently with the elected term of office of the chairperson of the Board of Commissioners of Ware County. Each member of the authority who is serving as a member of the authority as of the effective date of this section shall serve out the remainder of the five-year term to which such member was most recently appointed by the Board of Commissioners of Ware County and until such membeŕs successor is duly elected and qualified as provided in subsection (d) of this section. Successors shall be elected as provided in subsection (d) of this section. Each successor shall thereafter take office on the first day of August for a term of four years and until his or her respective successor is duly elected and qualified as provided in subsection (d) of this section. No member of the authority may be elected to succeed himself or herself for more than one consecutive elected term of office. Immediately after taking office, the members of the authority shall enter upon their duties. The members of the authority shall be entitled to compensation for their services in an amount which shall be determined by the authority and which shall not be less than $50.00 per meeting attended, payable in monthly payments, and all members shall additionally be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The authority shall have the power to establish bylaws and to promulgate and adopt rules and regulations necessary or desirable for the management and operation of the authority.

(c) In the event that the authority should expand its provision of services to any other county or municipality in accordance with the provisions of this Act, the chief elected executive officer of such county or municipality or, if such chief elected executive officer is unable or unwilling to serve, another member of the board of commissioners of such county or municipality as designated by proper resolution of the board of commissioners of such county or municipality shall serve as an ex officio member of the authority with all the rights, privileges, and immunities of an elected member of the authority. The term of office, as a member of the authority, of the chief elected executive officer of such county or municipality or his or her designated substitute shall run concurrently with the elected term of office of the chief elected executive officer of such county or municipality. If the addition as a member of the authority of a chief elected executive officer of a county or municipality or his or her designated substitute should result in an even number of members of the authority, then there shall be added to the authority one additional member who shall be elected by the consumers of the authority as provided in subsection (d) of this section. Such additional elected member shall be subject to the same terms and conditions of office as set forth in subsection (b) of this section, except that such additional elected member shall enter upon his or her duties immediately upon his or her election and shall serve a term of office extending until four years from the first day of August immediately following his or her election and until his or her successor is duly elected and qualified as provided in subsection (d) of this section.

(d) For purposes of electing members of the authority, each person, firm, corporation, or other entity having an account with, and receiving services from, the authority shall be entitled to cast one vote for each such account maintained with the authority in accordance with the following procedures:

(1) Each natural person holding an account individually shall be required, as a precondition to submitting or signing a petition for the nomination of a candidate and to receiving a voting ballot for the applicable account, to provide to the authority in writing his or her full name and social security number, as well as his or her accompanying sample handwritten signature;

(2) Any account holder, including multiple concurrent holders of a single account, other than a natural person holding an account individually shall be required, as a precondition to submitting or signing a petition for the nomination of a candidate and to receiving a voting ballot for the applicable account, to file with the authority a written designation of the full name and social security number of the natural person authorized to submit or sign petitions for the nomination of candidates and to cast votes on behalf of such account, and to provide an accompanying sample handwritten signature of such natural person; provided that the authority shall be required to immediately notify in writing the account holder, by certified mail, return receipt requested, directed to the account holdeŕs billing address on file with the authority, of the receipt by the authority of conflicting designations of natural persons authorized to submit or sign petitions for the nomination of candidates and to cast votes on behalf of such account; and further provided that the authority shall not provide a voting ballot to any such account holder unless and until the authority receives satisfactory written evidence from such account holder of the resolution of any such conflicting designations;

(3) Prior to each election for the position of a member of the authority, the authority shall establish a period of time for the submission of nominations of candidates. Each sitting member of the authority shall be entitled to nominate one candidate. Additionally, any account holder complying with the provisions of paragraph (1) or (2) of this subsection shall be entitled to submit one petition for nomination of a candidate, provided that such petition, to be valid, shall be accompanied by the signatures of at least 50 other account holders complying with the provisions of paragraph (1) or (2) of this subsection. Following the close of the nominations period, the authority shall designate for inclusion on the election ballot the name of each candidate nominated by a sitting authority member, as well as the name of each candidate for which a valid petition for nomination was submitted;

(4) In addition to the names of the candidates, the election ballot shall contain spaces for the full name, social security number, and handwritten signature of the account holder as designated in paragraphs (1) and (2) of this subsection. The election ballot shall be submitted by the authority to each account holder complying with the provisions of paragraph (1) or (2) of this subsection by mailing such ballot, with the account holdeŕs monthly authority bill, to each account holder at such account holdeŕs billing address on file with the authority. After voting for one candidate and providing the account holdeŕs full name, social security number, and handwritten signature, the account holder shall seal the ballot in an envelope addressed to the auditor of the authority and shall mail or hand deliver such ballot to the auditor of the authority at such address as may be designated by said auditor. No ballot shall be counted which is not actually received by or on behalf of the auditor at the address designated by the auditor on or before the due date of the account holdeŕs bill. No account holder shall submit his or her monthly authority bill payment in the envelope containing the completed ballot which is submitted to the auditor. The auditor of the authority shall tabulate the election ballots; provided, however, that the auditor shall not count any ballot which, in the judgment of the auditor, has been fraudulently prepared or fraudulently submitted or which otherwise fails to comply with the procedural requirements set forth in paragraphs (1) through (4) of this subsection; and

(5) The candidate receiving the greatest number of votes shall be elected as a member of the authority, provided that such candidate must also receive a majority of the votes cast. In the event that no candidate receives a majority of the votes cast, then the names of the candidates having the two greatest numbers of votes shall be submitted to the consumers of the authority on a runoff ballot in accordance with paragraph (4) of this subsection. Thereafter, the candidate receiving a majority of the votes cast in such runoff shall be elected as a member of the authority.

(e) If a vacancy by reason of death, disqualification, resignation, or other reason occurs with respect to a member, the consumers of the authority shall be entitled to elect a member, through the provisions of subsection (d) of this section, to fill the unexpired term of the member whose position has been vacated; provided, however, that, in the event that the length of such unexpired term shall be less than 180 days, the sitting members of the authority shall select a member to fill the unexpired term of the member whose position has been vacated. A vacancy shall exist in the office of any member who is convicted of a felony or who enters a plea of nolo contendere thereto; who is convicted of a crime involving moral turpitude or enters a plea of nolo contendere thereto; who discontinues his or her account and services with the authority as a consumer of the authority; who is convicted of any act of misfeasance, malfeasance, or nonfeasance of his or her duties as a member of the authority; or who fails to attend any regular or special meeting of the authority for a period of six months without excuse approved by a resolution of the authority.

(f) To be eligible for election as a member of the authority, a person shall be at least 21 years of age; shall have an account with, and receive services from, the authority as a consumer of the authority; and shall not have been convicted of a felony.

(g) The members of the authority shall elect one of their number as chairperson and another as vice chairperson. The members of the authority shall also elect a secretary, who need not be a member of the authority, and may also elect a treasurer, who need not be a member of the authority. The secretary may also serve as treasurer. If the secretary or treasurer is not a member of the authority, such officer shall have no voting rights. Each of such officers shall serve for a period of one year and until their successors are duly elected and qualified. The chairperson of the authority shall be entitled to vote upon any issue, motion, or resolution presented.

(h) A majority of the total number of members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the authority."

SECTION 2.

Said Act is further amended by inserting a new Section 4.1 to read as follows:

"SECTION 4.1.

The authority shall have the complete responsibility for the maintenance and upkeep of the equipment owned by the authority, including, but not limited to, any and all fire hydrants; provided, however, that, as to fire hydrants, the authority shall not be responsible for the maintenance and upkeep of any equipment not owned by the authority or any portion of the right of way not belonging to the authority."

SECTION 3.

Said Act is further amended by inserting a new Section 4.2 to read as follows:

"SECTION 4.2.

The authority shall appoint an executive director who shall serve at the pleasure of the authority. The authority shall conduct an annual performance review of such executive director. In the event that the authority chooses to enter into a contract of employment with such executive director, such contract of employment shall not be longer than one year in duration, but shall be renewable by the authority for additional one-year periods upon a finding of satisfactory performance by such executive director in each annual performance review by the authority."

SECTION 4.

Said Act is further amended by inserting a new Section 24.1 to read as follows:

"SECTION 24.1.

The authority shall provide, upon customer request, a written receipt to the customer showing the actual date on which a payment from the customer to the authority was received by the authority. The authority is authorized to charge a late fee in an amount not to exceed $5.00 in the event that a bill is not paid in full by the due date specified on the authoritýs written billing. Only when a customeŕs bill remains unpaid or outstanding after 15 days beyond the due date may the authority disconnect service to such customer for nonpayment of a bill. In the event that service is disconnected for nonpayment of a bill pursuant to this section, the authority is authorized to require the payment of a reconnection fee in an amount not to exceed $10.00, as well as the payment of any outstanding late fee, prior to the reconnection of the service at the request of the customer."

SECTION 5.

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