hb181_LC_28_3622S_hcs_7.html
07 LC 28 3622S
House Bill 181 (COMMITTEE SUBSTITUTE)
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


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 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 or municipality that created and activated such authority was ratified by the electors of the county or municipality in a referendum.
(b) If a public safety and judicial facilities authority created and activated 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 authorized by general or local Act to operate and incur bonded indebtedness in a single county or municipality that has activated or that activates a public safety and judicial facilities authority pursuant to this chapter and which constructs or operates buildings or facilities for use by any department, agency, division, or commission of any county or municipality 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.