05 AM
14 0770
ADOPTED
Senators
Hill of the 32nd, Moody of the 56th and Shafer of the 48th offered the following
amendment:
Amend
the Senate State and Local Government Operations Committee substitute to HB 36
by inserting before the semicolon on line 3 of page 1 the
following:
∀for a certain period of time∀.
∀for a certain period of time∀.
By
inserting between Sections 1 and 2 a new Section 1.1 to read as
follows:
∀SECTION
1.1.
Said
Chapter 31 of Title 36 is further amended by striking Code Section 36-31-3,
relating to population standards for incorporation, and inserting in its place a
new Code section to read as follows:
'36-31-3.
(a)
To be eligible for original incorporation as a municipal corporation, the
minimum population standards of the area embraced within the proposed municipal
boundary shall be as follows:
(1)
A total resident population of at least 200 persons; and
(2)
An average resident population of at least 200 persons per square mile for the
total area.
(b)
No local Act granting a municipal charter shall be enacted wherein any part of
the proposed corporate boundary is less than three
mileś
distance from the corporate boundary of any existing municipal corporation in
this state; provided, however, that, if the residents of a certain geographical
area within three miles of an existing municipal corporation have been denied
annexation to the municipal corporation by the people of the municipal
corporation, the residents of such geographical area shall be entitled to
incorporate a new municipal corporation at any time within 12 months after such
denial, and a local Act granting a municipal charter may be enacted; provided,
further, that the population of the area proposed to be incorporated must exceed
the population of the existing municipal corporation, and a certificate from the
governing authority of the existing municipal corporation or from the judge of
the superior court of the county, evidencing the denial of annexation and the
population figures, must accompany the certificate of incorporation required by
this
chapter.'∀
By
striking Section 6 and inserting in its place a new Section 6 to read as
follows:
∀SECTION
6.
(a)
Except as otherwise provided in this Act, this Act shall become effective upon
its approval by the Governor or upon its becoming law without such approval and
shall apply with respect to any local Act enacted at the 2005 regular session of
the General Assembly or any future
session.
(b) Section 1.1 of this Act, amending Code Section 36-31-3, shall become effective December 31, 2007, and shall apply with respect to any local Act enacted after that date.∀
(b) Section 1.1 of this Act, amending Code Section 36-31-3, shall become effective December 31, 2007, and shall apply with respect to any local Act enacted after that date.∀