07 LC
14 9689S
The
House Committee on Judiciary offers the following substitute to HB
306:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 31 of Title 36 of the Official Code of Georgia Annotated, relating
to incorporation of municipal corporations, so as to provide that at a point in
time in the process of legislative consideration of a new incorporation, other
municipal corporations shall be prohibited from annexing territory proposed for
inclusion in a new municipal corporation; to provide for the defeasance of
annexations of territory proposed for inclusion in a new municipal corporation
when such annexations took place after a point in time; to provide for related
matters; to provide for an effective date and applicability; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
31 of Title 36 of the Official Code of Georgia Annotated, relating to
incorporation of municipal corporations, is amended by adding a new Code section
to read as follows:
"36-31-13.
(a)
The General Assembly finds and determines that:
(1)
In the legislative process of the creation of a new municipal corporation,
orderly procedure requires that there be a date certain for determination of the
boundaries of the new municipal corporation; and
(2)
In order for that objective to be accomplished, other municipal corporations
must be prohibited at some point in time from annexing territory proposed for
inclusion in a proposed new municipal corporation.
(b)
As used in this Code section, the term:
(1)
'Charter' means a local Act of the General Assembly creating or proposing the
creation of a new municipal corporation and does not include a local Act
granting a new charter to an existing municipal corporation.
(2)
'New municipal corporation' means a new municipal corporation of this state
created by or proposed to be created by a charter.
(3)
'Pending charter' means a charter which has been enacted by the General Assembly
and which may or may not become fully effective pending the outcome of one or
more conditions.
(c)
When a pending charter has not yet become fully effective because of a pending
referendum election, pending submission or federal consideration under the
federal Voting Rights Act of 1965, as amended, or other pending conditions
precedent:
(1)
No other municipal corporation may annex any part of the territory described in
the charter as included or proposed for inclusion within the new municipal
corporation. This prohibition shall be dissolved if the creation or continued
existence of the proposed new municipal corporation under the charter
definitively ceases to be possible because of defeat at a referendum election,
definitive final failure to secure approval under the federal Voting Rights Act
of 1965, as amended, or definitive failure of any other condition specified in
the charter; and
(2)
Any annexation by any other municipal corporation of any part of the territory
described in the pending charter as included or proposed for inclusion within
the new municipal corporation, which annexation had an effective date on or
after the opening day of the session at which the charter was introduced, shall
be defeased and any such territory so annexed shall by operation of law be
deannexed from the annexing municipal corporation as of the date on which the
Governor approves the charter or the date on which the charter becomes law
without the Governor´s approval. For purposes of this paragraph the
effective date of an annexation is the first day of the month following the
month during which the requirements of Article 2, 3, or 4 of Chapter 36 of this
title have been met."
SECTION
2.
It
is the specific intent of the General Assembly that the provisions of this Act
apply not only prospectively but also concurrently and retroactively with
respect to a pending charter enacted at the 2007 or any earlier session of the
General Assembly as follows:
(1)
With respect to a pending charter enacted at the 2007 session, this Act shall
prohibit future annexations and shall defease any annexation that is defeasible
by the terms of this Act with respect to any such annexations which have an
effective date on or after the opening day of the 2007 session, as provided by
the terms of Code Section 36-31-13 as enacted by this Act;
(2)
With respect to a pending charter enacted prior to the 2007 session, this Act
shall prohibit future annexations and shall defease any annexation that is
defeasible by the terms of this Act with respect only to any such annexations
which have an effective date after November 2, 2006, notwithstanding the fact
that the terms of Code Section 36-31-13 as enacted by this Act would defease
annexations which had an effective date on or after an earlier
date;
(3)
Notwithstanding the provisions of paragraph (2) of this section, an annexation
shall not be defeased if the annexation had an effective date on or after
November 2, 2006, and prior to March 2, 2007, and the annexation was by the 100
percent method of annexation provided in Article 2 of Chapter 36 of Title 36 of
the O.C.G.A., consisted of the property of a single owner, and was a tract of 15
acres or less.
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.