07 LC 37
0386S
The House Committee on Governmental Affairs offers the following substitute
to HB 181:
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 and joint public safety and judicial facilities
authorities; to require resolutions and referendums prior to issuing bonds for
new projects; 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 or joint public safety and judicial facilities
authority created and activated under Code Section 36-75-4 shall be authorized
to issue bonded indebtedness for new projects unless:
(1)
In the case of a public safety and judicial facilities authority of a county or
municipality, 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; or
(2)
In the case of a joint public safety and judicial facilities authority, a
resolution approving such projects passed by a majority vote of each of the
governing authorities of the counties and municipalities that created and
activated such authority was ratified by the electors of each such county or
municipality in a referendum.
(b)
If a public safety and judicial facilities authority or joint public safety and
judicial facilities authority created and activated under Code Section 36-75-4
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 appropriate governing
authority or governing authorities and ratification by the electors under this
Code section. Such order of funding shall be binding on the public safety and
judicial facilities authority or joint public safety and judicial facilities
authority and such projects shall be funded in the order approved unless a
different order is submitted to the appropriate governing authority or
authorities for approval and electors for ratification.
(c)
Any authority authorized by general or local Act to operate and incur bonded
indebtedness in a county or municipality authorized by this chapter to activate
a public safety and judicial facilities authority or joint public safety and
judicial facilities authority and which constructs or operates buildings or
facilities for use by any department, agency, division, or commission of any
county or municipality authorized by this chapter to activate a public safety
and judicial facilities authority or joint public safety and judicial facilities
authority 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 building or facilities.
36-75-12.
Those
public safety and judicial facilities authorities or joint public safety and
judicial facilities authorities created and activated under Code Section 36-75-4
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."
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.