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03 LC 14 8141DC
House Bill 151
By: Representatives Wilkinson of the 41st and Willard of the 40th
By: Representatives Wilkinson of the 41st and Willard of the 40th
A BILL TO BE
ENTITLED
AN ACT
AN ACT
To amend Chapter 31 of Title 36 of the Official Code of
Georgia Annotated, relating to incorporation of municipalities, so as to provide
for legislative findings and authority; to provide for the creation of municipal
charter commissions; to provide for definitions; to provide for petitions and
the validation and invalidation thereof; to provide for the appointment and
composition of the commissions and their organization, meetings, compensation,
expenses, allowances, staffing, funding, duties, and powers; to provide for
reports, incorporations of municipalities, charters, and special elections
relating thereto; to provide for amendments of charters and applicability of
laws relating thereto; to provide for exemptions from certain local laws; to
retain existing incorporation methods; 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 31 of Title 36 of the Official Code of Georgia
Annotated, relating to incorporation of municipalities, is amended by adding at
the end the following Code section:
"36_31_6.
(a) The General Assembly finds that certain populated areas within the most densely inhabited counties in this state require more intensive governmental services and control over those services and the taxation required to fund them than is available from those counties. The most suitable method of achieving such goals is by municipal incorporation of those areas wherein those areas which desire such goals are given the power to establish a municipal corporation for such areas without direct action by the General Assembly. The General Assembly further finds that Article IX, Section II, Paragraph II of the Constitution authorizes the General Assembly 'to delegate its power so that matters pertaining to municipalities may be dealt with without the necessity of action by the General Assembly.' Pursuant to this authority, the General Assembly thus delegates a portion of its legislative powers to create municipal corporations subject to the conditions of the Code section.
(b) As used in this Code section, the term:
(1) 'Affected county' means that county which includes all the area of a petitioning district.
(2) 'Commission' means any municipal charter commission established pursuant to this Code section.
(3) 'House district' means the geographical area contained in any House of Representatives district under Code Section 28_2_1.
(4) 'Petitioning district' means that geographical area which:
(A) Is wholly contained within the unincorporated area of a single county;
(B) Has some or all of such area contained within no more than two contiguous House districts; and
(C) Has a population of not less than 50,000 according to the United States decennial census of 2000 or any future such census.
(c) Only electors residing in a petitioning district are authorized to file a petition for incorporating that petitioning district. In order to initiate the creation of a municipal charter commission, any such elector may file a petition with the election superintendent of the county containing the petitioning district. The petition shall contain the signatures of at least 5 percent of the electors within the petitioning district who were qualified to vote in the last preceding general election. The petition shall define the petitioning district and state that its purpose is to seek incorporation of the petitioning district pursuant to the provisions of this Code section. The election superintendent shall determine the validity of such petition within 30 days of its being filed with the election superintendent. In the event the election superintendent determines that the petition is valid, the election superintendent shall notify the governing authority of the affected county and the members of the House of Representatives and Senate whose legislative districts contain any part of the petitioning district. In the event that the election superintendent determines that such petition is not valid, the election superintendent shall cause to be published in explicit detail the reasons why such petition is not valid; provided, however, that in any proceeding in which the validity of the petition is at issue, the tribunal considering such issue shall not be limited by the reasons assigned. Such publication shall be in the official organ of the county in the week immediately following the date on which such petition is declared to be not valid.
(d) When it is established that the petition submitted to the election superintendent is valid under subsection (c) of this Code section, notice shall be given by the election superintendent to the chairperson of the county commission of the affected county. That chairperson shall appoint, within 15 days of receiving the notice regarding the validity of the petition, a charter commission constituted of not less than 12 nor more than 15 citizens of the affected county to serve on the commission, of which not less than two_thirds of the appointees shall be residents of the petitioning district. The county chairperson of that affected county shall designate one commission appointee to serve as chairperson of the charter commission.
(e) The commission shall meet upon the call of the chairperson. Members of the commission shall receive no per diem, allowances, or expenses. The Carl Vinson Institute of State Government shall provide staff support for the commission. Unless private funds are available to pay for such staff support, the costs thereof shall be paid from county funds by the affected county.
(f) A majority of the commission shall constitute a quorum and shall be authorized to transact the business of the commission. The commission may establish such bylaws as necessary for its operation. The affirmative vote of a majority of the members of the commission shall be required to approve any official action of the commission, including but not limited to adoption of the commission´s bylaws or reports. The commission shall study all issues necessary to determine the feasibility of incorporating a municipality within the petitioning district. The corporate limits of any such municipality shall not include any area located within the corporate limits of another municipality. The commission shall study the tax base, service delivery system, and sources of services for the petitioned for municipality, the likely impact of such municipality upon its residents and other governments within the affected county, and all other matters necessary or desirable for incorporating a municipality. The commission shall, within 60 days of its appointment, hold at least two public hearings and issue its final report setting forth its recommendations within 60 days after the last public hearing.
(g) If incorporation is recommended by the commission in its final report, the commission shall so notify the election superintendent of the affected county and provide the election superintendent with a certified copy of the final report within 15 days after issuance thereof. That election superintendent shall call a special election to approve or disapprove the municipal incorporation as contained in the final report of the commission. That special election shall be conducted at the soonest time permissible therefor under general law following issuance of such report. The only electors eligible to vote in such election on the question of incorporation shall be those persons otherwise eligible to vote who reside within the geographical boundaries of the municipality recommended by the commission as contained in the final report filed with the election superintendent. The expenses of such election shall be borne by the affected county.
(h) If an incorporation recommendation in a final report is approved by a majority of electors voting under subsection (g) of this Code section, the election superintendent shall notify the affected county and that final report shall constitute the municipal charter for the new municipality named in the report. That report shall become effective as a charter at the time specified in the final report. That final report which thereby becomes a municipal charter shall be subject to all general laws of this state relating to municipalities, except Code Section 36_31_2, and the boundary for the municipality established by that report shall be subject to the conditions established by this Code section. That final report shall be filed with the Secretary of State who shall provide for the publication and distribution thereof.
(i) The first election of municipal officers as called for in the final report shall be called by the election superintendent of the affected county and shall be held at the first special election which may be conducted within 120 days from the date of the election at which the recommendation to incorporate was approved. Qualification and election of municipal officers shall be conducted as provided for in the final report.
(j) A municipality incorporated under this Code section shall be subject to all general laws relating to municipalities, except Code Section 36_31_2, and the charter thereof may be amended by local Act of the General Assembly or by home rule action by the municipality subject to the Constitution and general laws of this state. The method of incorporating a municipality under this Code section shall be in addition to any other method for incorporating a municipality now authorized."
"36_31_6.
(a) The General Assembly finds that certain populated areas within the most densely inhabited counties in this state require more intensive governmental services and control over those services and the taxation required to fund them than is available from those counties. The most suitable method of achieving such goals is by municipal incorporation of those areas wherein those areas which desire such goals are given the power to establish a municipal corporation for such areas without direct action by the General Assembly. The General Assembly further finds that Article IX, Section II, Paragraph II of the Constitution authorizes the General Assembly 'to delegate its power so that matters pertaining to municipalities may be dealt with without the necessity of action by the General Assembly.' Pursuant to this authority, the General Assembly thus delegates a portion of its legislative powers to create municipal corporations subject to the conditions of the Code section.
(b) As used in this Code section, the term:
(1) 'Affected county' means that county which includes all the area of a petitioning district.
(2) 'Commission' means any municipal charter commission established pursuant to this Code section.
(3) 'House district' means the geographical area contained in any House of Representatives district under Code Section 28_2_1.
(4) 'Petitioning district' means that geographical area which:
(A) Is wholly contained within the unincorporated area of a single county;
(B) Has some or all of such area contained within no more than two contiguous House districts; and
(C) Has a population of not less than 50,000 according to the United States decennial census of 2000 or any future such census.
(c) Only electors residing in a petitioning district are authorized to file a petition for incorporating that petitioning district. In order to initiate the creation of a municipal charter commission, any such elector may file a petition with the election superintendent of the county containing the petitioning district. The petition shall contain the signatures of at least 5 percent of the electors within the petitioning district who were qualified to vote in the last preceding general election. The petition shall define the petitioning district and state that its purpose is to seek incorporation of the petitioning district pursuant to the provisions of this Code section. The election superintendent shall determine the validity of such petition within 30 days of its being filed with the election superintendent. In the event the election superintendent determines that the petition is valid, the election superintendent shall notify the governing authority of the affected county and the members of the House of Representatives and Senate whose legislative districts contain any part of the petitioning district. In the event that the election superintendent determines that such petition is not valid, the election superintendent shall cause to be published in explicit detail the reasons why such petition is not valid; provided, however, that in any proceeding in which the validity of the petition is at issue, the tribunal considering such issue shall not be limited by the reasons assigned. Such publication shall be in the official organ of the county in the week immediately following the date on which such petition is declared to be not valid.
(d) When it is established that the petition submitted to the election superintendent is valid under subsection (c) of this Code section, notice shall be given by the election superintendent to the chairperson of the county commission of the affected county. That chairperson shall appoint, within 15 days of receiving the notice regarding the validity of the petition, a charter commission constituted of not less than 12 nor more than 15 citizens of the affected county to serve on the commission, of which not less than two_thirds of the appointees shall be residents of the petitioning district. The county chairperson of that affected county shall designate one commission appointee to serve as chairperson of the charter commission.
(e) The commission shall meet upon the call of the chairperson. Members of the commission shall receive no per diem, allowances, or expenses. The Carl Vinson Institute of State Government shall provide staff support for the commission. Unless private funds are available to pay for such staff support, the costs thereof shall be paid from county funds by the affected county.
(f) A majority of the commission shall constitute a quorum and shall be authorized to transact the business of the commission. The commission may establish such bylaws as necessary for its operation. The affirmative vote of a majority of the members of the commission shall be required to approve any official action of the commission, including but not limited to adoption of the commission´s bylaws or reports. The commission shall study all issues necessary to determine the feasibility of incorporating a municipality within the petitioning district. The corporate limits of any such municipality shall not include any area located within the corporate limits of another municipality. The commission shall study the tax base, service delivery system, and sources of services for the petitioned for municipality, the likely impact of such municipality upon its residents and other governments within the affected county, and all other matters necessary or desirable for incorporating a municipality. The commission shall, within 60 days of its appointment, hold at least two public hearings and issue its final report setting forth its recommendations within 60 days after the last public hearing.
(g) If incorporation is recommended by the commission in its final report, the commission shall so notify the election superintendent of the affected county and provide the election superintendent with a certified copy of the final report within 15 days after issuance thereof. That election superintendent shall call a special election to approve or disapprove the municipal incorporation as contained in the final report of the commission. That special election shall be conducted at the soonest time permissible therefor under general law following issuance of such report. The only electors eligible to vote in such election on the question of incorporation shall be those persons otherwise eligible to vote who reside within the geographical boundaries of the municipality recommended by the commission as contained in the final report filed with the election superintendent. The expenses of such election shall be borne by the affected county.
(h) If an incorporation recommendation in a final report is approved by a majority of electors voting under subsection (g) of this Code section, the election superintendent shall notify the affected county and that final report shall constitute the municipal charter for the new municipality named in the report. That report shall become effective as a charter at the time specified in the final report. That final report which thereby becomes a municipal charter shall be subject to all general laws of this state relating to municipalities, except Code Section 36_31_2, and the boundary for the municipality established by that report shall be subject to the conditions established by this Code section. That final report shall be filed with the Secretary of State who shall provide for the publication and distribution thereof.
(i) The first election of municipal officers as called for in the final report shall be called by the election superintendent of the affected county and shall be held at the first special election which may be conducted within 120 days from the date of the election at which the recommendation to incorporate was approved. Qualification and election of municipal officers shall be conducted as provided for in the final report.
(j) A municipality incorporated under this Code section shall be subject to all general laws relating to municipalities, except Code Section 36_31_2, and the charter thereof may be amended by local Act of the General Assembly or by home rule action by the municipality subject to the Constitution and general laws of this state. The method of incorporating a municipality under this Code section shall be in addition to any other method for incorporating a municipality now authorized."
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.