07
HB181/AP
House
Bill 181 (AS PASSED HOUSE AND SENATE)
By:
Representatives Jacobs of the
80th,
Millar of the
79th,
Chambers of the
81st,
Levitas of the
82nd,
Oliver of the
83rd,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 75 of Title 36 of the Official Code of Georgia Annotated, relating
to war on terrorism local assistance, so as to provide for limitations with
respect to the creation, activation, and activities of public safety and
judicial facilities authorities; to require resolutions and referendums prior to
issuing bonds for new projects; to provide that certain authorities located in
counties that have activated or activate public safety and judicial facilities
authorities shall obtain approval by resolution and referendum prior to issuing
bonds; to provide that counties or municipalities that activate a public safety
and judicial facilities authority shall not activate a joint public safety and
judicial facilities authority; 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
75 of Title 36 of the Official Code of Georgia Annotated, relating to war on
terrorism local assistance, is amended by adding new Code sections to read as
follows:
"36-75-11.
(a)
On and after the effective date of this Code section, no public safety and
judicial facilities authority created and activated by a single county pursuant
to this chapter shall be authorized to issue bonded indebtedness for new
projects unless a resolution approving such projects passed by a majority vote
of the governing authority of the county that created and activated such
authority was ratified by the electors of the county in a
referendum.
(b)
If a public safety and judicial facilities authority created and activated by a
single county pursuant to this chapter desires to fund multiple projects in a
bond issue, such projects shall be ranked in the order they will be funded after
approval by the governing authority and ratification by the electors under this
Code section. Such order of funding shall be binding on the public safety and
judicial facilities authority and such projects shall be funded in the order
approved unless a different order is submitted to the governing authority for
approval and electors for ratification.
(c)
Any authority other than the type of authority defined in paragraph (1) of Code
Section 36-75-3:
(1)
Which is authorized by general or local Act to operate and incur bonded
indebtedness in a single county that has activated or that activates a public
safety and judicial facilities authority pursuant to this chapter;
and
(2)
Which constructs or operates buildings or facilities for use by any department,
agency, division, or commission of any county that has activated or that
activates a public safety and judicial facilities authority pursuant to this
chapter
shall
obtain approval by resolution and referendum as provided in this Code section
prior to issuing bonds for any new buildings or facilities or improvements to
existing buildings or facilities.
36-75-12.
Those
public safety and judicial facilities authorities created and activated pursuant
to this chapter that have issued the $50 million maximum aggregate amount of
bonds permitted under paragraph (13) of Code Section 36-75-7 shall be subject to
the provisions of Code Section 36-75-11 when such bonded indebtedness is reduced
and such authorities desire to issue additional bonds for new
projects.
36-75-13.
On
and after the effective date of this Code section, no county or municipality
that has activated or that activates a public safety and judicial facilities
authority shall also activate a joint public safety and judicial facilities
authority."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.