HB 23 - Municipal charter commissions; create
Georgia House of Representatives - 1995/1996 Sessions
HB 23 - Municipal charter commissions; create
Page Numbers - 1/ 2/ 3/ 4/ 5/ 6
Code Sections - 36-31-6
1. Felton 43rd 2. Trense 44th 3. Mobley 86th
4. Dobbs 92nd 5. Irvin 45th 6. Burkhalter 41st
House Comm: SPCA / Senate Comm: /
House Vote: Yeas Nays Senate Vote: Yeas Nays
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House Action Senate
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1/13/95 Read 1st Time
1/23/95 Read 2nd Time
2/14/95 Favorably Reported
3/17/95 Recommitted
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Code Sections amended: 36-31-6
HB 23 LC 11 8415
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Chapter 31 of Title 36 of the Official Code of
1- 2 Georgia Annotated, relating to incorporation of
1- 3 municipalities, so as to provide for legislative findings
1- 4 and authority; to provide for the creation of municipal
1- 5 charter commissions; to provide for definitions; to provide
1- 6 for petitions and the validation and invalidation thereof;
1- 7 to provide for the composition of the commissions and their
1- 8 organization, meetings, compensation, expenses, allowances,
1- 9 staffing, funding, duties, and powers; to provide for
1-10 reports, incorporations of municipalities, and special
1-11 elections relating thereto; to provide for amendments of
1-12 charters and applicability of laws relating thereto; to
1-13 provide for exemptions from certain local laws; to retain
1-14 existing incorporation methods; to provide an effective
1-15 date; to repeal conflicting laws; and for other purposes.
1-16 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
1-17 Chapter 31 of Title 36 of the Official Code of Georgia
1-18 Annotated, relating to incorporation of municipalities, is
1-19 amended by adding at the end the following Code section:
1-20 "36-31-6. (Index)
1-21 (a) The General Assembly finds that certain populated
1-22 areas within the most densely inhabited counties in this
1-23 state require more intensive governmental services and
1-24 control over those services and the taxation required to
1-25 fund them than is available from those counties. The most
1-26 suitable method of achieving such goals is by municipal
1-27 incorporation of those areas wherein those areas which
1-28 desire such goals are given the power to establish a
1-29 municipal corporation for such areas without direct action
1-30 by the General Assembly. The General Assembly further
1-31 finds that Article IX, Section II, Paragraph II of the
1-32 Constitution authorizes the General Assembly 'to delegate
1-33 its power so that matters pertaining to municipalities may
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LC 11 8415
2- 1 be dealt with without the necessity of action by the
2- 2 General Assembly.' Pursuant to this authority, the
2- 3 General Assembly thus delegates a portion of its
2- 4 legislative powers to create municipal corporations
2- 5 subject to the conditions of the Code section.
2- 6 (b) As used in this Code section, the term:
2- 7 (1) 'Affected county' means that county which includes
2- 8 all the area of a petitioning district.
2- 9 (2) 'Commission' means any municipal charter commission
2-10 established pursuant to this Code section.
2-11 (3) 'House district' means the geographical area
2-12 contained in any House of Representatives district under
2-13 Code Section 28-2-1.
2-14 (4) 'Petitioning district' means a House of
2-15 Representatives district which is wholly contained in a
2-16 single county and which House district includes only the
2-17 unincorporated area of that county and the electors of
2-18 which House district have submitted a petition for the
2-19 creation of a commission which petition has been
2-20 determined to be valid under subsection (c) of this Code
2-21 section.
2-22 (5) 'Senate district' means the geographical area
2-23 contained in any Senate district under Code Section
2-24 28-2-2.
2-25 (c) The electors of a House district which is wholly
2-26 contained in a single county and which House district
2-27 includes only the unincorporated area of that county may
2-28 initiate the creation of a municipal charter commission
2-29 for that House district by filing a petition with the
2-30 election superintendent of that county if that petition
2-31 contains the signatures of at least 15 percent of the
2-32 electors who voted in the last general election in that
2-33 House district. A period not to exceed 180 days shall be
2-34 allowed for circulation of such petition for the
2-35 collection of the required signatures. The 180 day period
2-36 shall commence on the date that the petition is first
2-37 circulated for signatures. The election superintendent
2-38 shall determine the validity of such petition within 60
2-39 days of its being filed with the election superintendent.
2-40 In the event the election superintendent determines that
2-41 the petition is valid, the election superintendent shall
2-42 notify the governing authority of the affected county, the
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LC 11 8415
3- 1 members of the House of Representatives and Senate whose
3- 2 legislative districts contain any part of the petitioning
3- 3 district, and the members of the House of Representatives
3- 4 any part of whose House district abuts such petitioning
3- 5 district and which part is located in the affected county.
3- 6 In the event that the election superintendent determines
3- 7 that such petition was not valid, that superintendent
3- 8 shall cause to be published in explicit detail the reasons
3- 9 why such petition is not valid; provided, however, that in
3-10 any proceeding in which the validity of the petition is at
3-11 issue, the tribunal considering such issue shall not be
3-12 limited by the reasons assigned. Such publication shall
3-13 be in the official organ of the county in the week
3-14 immediately following the date on which such petition is
3-15 declared to be not valid.
3-16 (d) Upon receiving a notification that a petition filed
3-17 with the election superintendent has been determined to be
3-18 valid under subsection (c) of this Code section, a charter
3-19 commission shall be constituted with the following
3-20 members:
3-21 (1) The member of the House of Representatives who
3-22 represents the petitioning district shall be a member of
3-23 the commission and shall appoint as additional
3-24 commission members two persons who reside in the
3-25 petitioning district;
3-26 (2) Each member of the House of Representatives any part
3-27 of whose House district is located in the affected
3-28 county and which House district abuts the petitioning
3-29 district shall be a member of the commission and shall
3-30 appoint as commission members two persons who reside in
3-31 the affected county and in the House district of the
3-32 appointing member of the House of Representatives;
3-33 (3) Each member of the Senate any part of whose Senate
3-34 district is located in the affected county and which
3-35 Senate district includes all or any part of the
3-36 petitioning district shall be a member of the commission
3-37 and shall appoint as commission members two persons who
3-38 reside in that county and in the Senate district of the
3-39 appointing Senator; and
3-40 (4) Three members shall be appointed by the governing
3-41 authority of the affected county, two of which
3-42 appointees shall reside in the petitioning district.
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LC 11 8415
4- 1 (e) The member of the House of Representatives from the
4- 2 petitioning district shall designate as chairperson one of
4- 3 the members appointed by such House member, and the
4- 4 Senator any part of whose Senate district is located in
4- 5 the affected county and whose Senate district includes the
4- 6 largest portion of the petitioning district shall
4- 7 designate as vice chairperson one of the members appointed
4- 8 by such Senator. The commission shall meet upon the call
4- 9 of the chairperson. Members of the commission shall
4-10 receive no per diem, allowances, or expenses. The Carl
4-11 Vinson Institute of State Government shall provide staff
4-12 support for the commission. Unless private funds are
4-13 available to pay for such staff support, the costs thereof
4-14 shall be paid from county funds by the affected county.
4-15 (f) A majority of the commission shall constitute a quorum
4-16 and shall be authorized to transact the business of the
4-17 commission. The commission may establish such bylaws as
4-18 necessary for its operation. The affirmative vote of a
4-19 majority of the members of the commission shall be
4-20 required to approve any official action of the commission,
4-21 including but not limited to adoption of the commission's
4-22 bylaws or reports. The commission shall study all issues
4-23 necessary to determine the feasibility of incorporating a
4-24 municipality within the petitioning district. The
4-25 corporate limits of any such municipality may not extend
4-26 beyond the boundaries of any House district which abuts
4-27 the petitioning district or beyond the boundaries of the
4-28 affected county and shall not include any area located
4-29 within the corporate limits of another municipality. The
4-30 commission shall study the tax base, service delivery
4-31 system, and sources of services for the petitioned for
4-32 municipality, the likely impact of such municipality upon
4-33 its residents and other governments within the affected
4-34 county, and all other matters necessary or desirable for
4-35 incorporating a municipality. The commission shall issue
4-36 a preliminary report of its recommendations within six
4-37 months after its first meeting, shall hold at least three
4-38 public hearings within the 60 days after it issues that
4-39 report, and shall issue its final report within 60 days
4-40 after the last public hearing.
4-41 (g) If incorporation is recommended by the commission in
4-42 its final report, the commission shall so notify the
4-43 election superintendent of the affected county and provide
4-44 the election superintendent with a certified copy of the
4-45 final report within 15 days after issuance thereof. That
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LC 11 8415
5- 1 election superintendent shall call a special election to
5- 2 approve or disapprove the municipal incorporation as
5- 3 contained in the final report of the commission. That
5- 4 election shall be conducted at the time of the next
5- 5 state-wide general primary or election which occurs at
5- 6 least 60 days after the issuance of the report. The only
5- 7 electors eligible to vote in such special election shall
5- 8 be those persons otherwise eligible to vote in that
5- 9 primary or election who reside within the corporate
5-10 boundaries of the municipality recommended by the
5-11 commission as contained in the final report filed with the
5-12 election superintendent. The expenses of such election
5-13 shall be borne by the affected county.
5-14 (h) If an incorporation recommendation in a final report
5-15 is approved in the special election under subsection (g)
5-16 of this Code section, the election superintendent shall
5-17 notify the affected county and that final report shall
5-18 constitute the municipal charter for the new municipality
5-19 named in the report. That report shall become effective
5-20 as a charter at the time specified in the report but no
5-21 sooner than 180 days after such approval. That final
5-22 report which thereby becomes a municipal charter shall be
5-23 subject to all general laws of this state relating to
5-24 municipalities, except Code Section 36-31-2, and the
5-25 boundary for the municipality established by that report
5-26 shall be subject to the conditions established by this
5-27 Code section. That final report shall be filed with the
5-28 Secretary of State who shall provide for the publication
5-29 and distribution thereof.
5-30 (i) A municipality incorporated under this Code section
5-31 shall be subject to all general laws relating to
5-32 municipalities, except Code Section 36-31-2, and the
5-33 charter thereof may be amended by local Act of the General
5-34 Assembly or by home rule action by the municipality
5-35 subject to the Constitution and general laws of this
5-36 state. The method of incorporating a municipality under
5-37 this Code section shall be in addition to any other method
5-38 for incorporating a municipality now authorized."
SECTION 2.
5-39 This Act shall become effective upon its approval by the
5-40 Governor or upon its becoming law without such approval.
SECTION 3.
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LC 11 8415
6- 1 All laws and parts of laws in conflict with this Act are
6- 2 repealed.
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Office of the Clerk of the House
Robert E. Rivers, Jr., Clerk of the House
Last Updated on 01/02/97