07 HB 109/AP
House
Bill 109 (AS PASSED HOUSE AND SENATE)
By:
Representatives Black of the
174th,
Shaw of the
176th,
Carter of the
175th,
and Hatfield of the
177th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 68 of Title 36 of Official Code of Georgia Annotated, relating to
consolidation of a county and municipality through repeal of the charter of the
municipality, so as to provide that under certain circumstances a county which
contains no municipality shall be deemed to constitute a consolidated government
and shall be subject to certain provisions of said chapter; 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.
Chapter
68 of Title 36 of Official Code of Georgia Annotated, relating to consolidation
of a county and municipality through repeal of the charter of the municipality,
is amended by adding a new Code section to read as follows:
"36-68-4.
(a)
If as of July 1, 2007, or at any time thereafter there exists in this state a
county in which no part of any municipal corporation is located, then the
governing authority of that county may elect that the county shall thenceforth
be deemed to be and constituted as a consolidated government for purposes of the
laws of this state. In order to be effective under this Code section, the
election by the county governing authority must comply with all of the following
conditions:
(1)
The election shall be carried out by the adoption of an appropriate resolution
by the county governing authority which must be adopted by unanimous vote of the
members of the governing authority voting thereon and ratified by a majority of
the electors of the county voting in a referendum;
(2)
The election must be made by the county governing authority within one calendar
year after July 1, 2007, or such later date as this Code section becomes
applicable to the county;
(3)
The county must at the time of election be providing at least three of the
services specified in subsection (b) of Code Section 36-30-7.1; and
(4)
Within 30 days after the adoption of the resolution and ratification by the
electors of the county a certification of election must be filed by the county
with the Department of Community Affairs in such form and manner as may be
specified by the department.
(b)
A county which is constituted as a consolidated government under this Code
section shall constitute a municipal corporation as well as a county for the
purpose of the application of the general laws and Constitution of this state.
Such a county may exercise the powers vested in municipalities generally as well
as the powers vested in the county by general or local law. When similar but
not identical laws apply to counties and municipalities and a determination must
be made as to which law applies, the county which is constituted as a
consolidated government may elect which law to proceed under.
(c)
When a county has become subject to this Code section, no municipal corporation
may thereafter be created in or extend into the county."
SECTION
2.
This
Act shall become effective on July 1, 2007.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.