07 HB 30/AP
House
Bill 30 (AS PASSED HOUSE AND SENATE)
By:
Representative Chambers of the
81st
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 1 of Article 1 of Chapter 3 of Title 8 of the Official Code of
Georgia Annotated, relating to general provisions relative to housing
authorities, so as to change certain provisions relating to definitions; to
change certain provisions relating to consolidated housing authorities for two
or more municipalities; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Part
1 of Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia
Annotated, relating to general provisions relative to housing authorities, is
amended in Code Section 8-3-3, relating to definitions relative to housing
authorities, by revising paragraph (13.1) as follows:
"(13.1)
'Private enterprise agreement' means a contract between a housing authority and
a person or entity operating for profit for:
(A)
The management of a housing project;
(B)
The development of and the provision of credit enhancement with respect to a
housing project;
(C)
The ownership
or
operation of a housing project
through
by
the for profit entity in which the housing authority participates, either
directly or indirectly through a wholly owned subsidiary, for purposes of
facilitating the development, provision of credit enhancement, operation, or
management of such housing project in accordance with this
article;.
Such participation may involve ownership by the housing authority of an interest
in the housing project through the for profit entity, ownership by the housing
authority of the land on which the housing project is developed, or provision by
the housing authority of a combination of funds to the for profit entity for a
portion of the construction costs of the housing project and funds to the for
profit entity to subsidize the operating costs of units for persons of low
income to the extent such contract is designated as a private enterprise
agreement by the housing authority;
or
(D)
Any combination of any of the foregoing."
SECTION
2.
Said
part is further amended by revising Code Section 8-3-14, relating to
consolidated housing authorities for two or more municipalities, as
follows:
"8-3-14.
(a)
As used in this Code section, the term 'municipality' means any municipality in
the
this
state.
(b)
If the governing body of each of two or more municipalities by resolution
declares that there is a need for one housing authority for all of such
municipalities to exercise in such municipalities the powers and other functions
prescribed for a housing authority, a public body corporate and politic to be
known as a consolidated housing authority,
which may be
an existing housing authority designated by the municipalities as the
consolidated housing authority or a new housing
authority, with such corporate name as it
selects, shall thereupon exist for all of such municipalities and exercise its
powers and other functions within its area of operation as defined in this
article, including the power to undertake projects therein. Upon the creation of
a consolidated housing authority, any housing authority created for any of such
municipalities,
other than an existing housing authority designated as the consolidated housing
authority, shall cease to exist except for
the purpose of winding up its affairs and executing a deed of its real property
to the consolidated housing authority.
(c)
The creation of a consolidated housing authority and the finding of need
therefor shall be subject to the same provisions and limitations as are
applicable to the creation of a regional housing authority; and all of the
provisions of this article applicable to regional housing authorities and the
commissioners thereof shall be applicable to consolidated housing authorities
and the commissioners thereof; provided, however, that
Code Section
8-3-107 shall not be applicable to the consolidation of housing authorities into
a designated existing housing authority; and provided, further,
that the area of operation of a
consolidated housing authority shall include all of the territory within the
boundaries of each municipality joining in the creation of such authority
together with the territory within ten miles of the boundaries of each such
municipality; and provided, further, that for all such purposes, the term
'county' shall be construed as meaning 'municipality,' the term 'governing body'
in Code Section 8-3-106 shall be construed as meaning 'mayor or other executive
head of the municipality,' and the terms 'county housing authority' and
'regional housing authority' shall be construed as meaning 'housing authority of
the city' and 'consolidated housing authority,' respectively.
(d)
The governing body of a municipality for which a housing authority has not been
created may adopt the resolution provided for in subsection (b) of this Code
section if it first declares that there is a need for a housing authority to
function in said municipality, which declaration shall be made in the same
manner and subject to the same conditions as the declaration of the governing
body of a city required by Code Sections 8-3-4 through 8-3-6 for the purpose of
authorizing a housing authority created for a city to transact business and
exercise its powers.
(e)
Except as otherwise provided in this Code section, a consolidated housing
authority and the commissioners thereof shall, within the area of operation of
such consolidated housing authority, have the same functions, rights, powers,
duties, privileges, immunities, and limitations as those provided for housing
authorities created for cities, counties, or groups of counties and the
commissioners of such housing authorities, in the same manner as though all the
provisions of law applicable to housing authorities created for cities,
counties, or groups of counties were applicable to consolidated housing
authorities."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.