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04 LC 25 3557
House Bill
1559
By: Representatives Floyd of the 69th, Post 2, Greene of the 134th, Dollar of the 31st, and Marin of the 66th
By: Representatives Floyd of the 69th, Post 2, Greene of the 134th, Dollar of the 31st, and Marin of the 66th
A BILL TO BE
ENTITLED
AN ACT
AN ACT
To amend Chapter 70 of Title 36 of the Official Code of
Georgia Annotated, relating to coordinated and comprehensive planning and
service delivery by counties and municipalities, so as to exempt sheriffs,
clerks of the superior courts, judges of the probate courts, and tax
commissioners from the definition of the term "local government"; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Chapter 70 of Title 36 of the Official Code of Georgia
Annotated, relating to coordinated and comprehensive planning and service
delivery by counties and municipalities, is amended by striking Code Section
36-70-2, relating to definitions, and inserting in its place the
following:
"36-70-2.
As used in this chapter, the term:
(1) 'Comprehensive plan' means any plan by a county or municipality covering such county or municipality proposed or prepared pursuant to the minimum standards and procedures for preparation of comprehensive plans and for implementation of comprehensive plans established by the department.
(2) 'Coordinated and comprehensive planning' means planning by counties and municipalities undertaken in accordance with the minimum standards and procedures for preparation of plans, for implementation of plans, and for participation in the coordinated and comprehensive planning process, as established by the department.
(3) 'County' means any county of this state.
(4) 'Department' means the Department of Community Affairs of the State of Georgia created pursuant to Article 1 of Chapter 8 of Title 50.
(5) 'Governing authority' or 'governing body' means the board of commissioners of a county, sole commissioner of a county, council, commissioners, or other governing authority for a county or municipality.
(5.1) 'Inactive municipality' means any municipality which has not for a period of three consecutive calendar years carried out any of the following activities:
(A) The levying or collecting of any taxes or fees;
(B) The provision of any of the following governmental services: water; sewage; garbage collection; police protection; fire protection; or library; or
(C) The holding of a municipal election.
(5.2) 'Local government' means any county as defined in paragraph (3) of this Code section or any municipality as defined in paragraph (7) of this Code section. The term does not include any school district of this state or any sheriff, clerk of the superior court, judge of the probate court, or tax commissioner or the office, personnel, or services provided by any such elected constitutional county officer.
(5.3) 'Mechanisms' includes, but is not limited to, intergovernmental agreements, ordinances, resolutions, and local Acts of the General Assembly in effect on July 1, 1997, or executed thereafter.
(6) 'Minimum standards and procedures' means the minimum standards and procedures for preparation of comprehensive plans, for implementation of comprehensive plans, and for participation in the coordinated and comprehensive planning process, as established by the department, in accordance with Article 1 of Chapter 8 of Title 50. Minimum standards and procedures shall include any standards and procedures for such purposes prescribed by a regional development center for counties and municipalities within its region and approved in advance by the department.
(7) 'Municipality' means any municipal corporation of the state and any consolidated city-county government of the state.
(8) 'Region' means the territorial area within the boundaries of operation for any regional development center, as such boundaries shall be established from time to time by the board of the department.
(9) 'Regional development center' means a regional development center established under Article 2 of Chapter 8 of Title 50."
"36-70-2.
As used in this chapter, the term:
(1) 'Comprehensive plan' means any plan by a county or municipality covering such county or municipality proposed or prepared pursuant to the minimum standards and procedures for preparation of comprehensive plans and for implementation of comprehensive plans established by the department.
(2) 'Coordinated and comprehensive planning' means planning by counties and municipalities undertaken in accordance with the minimum standards and procedures for preparation of plans, for implementation of plans, and for participation in the coordinated and comprehensive planning process, as established by the department.
(3) 'County' means any county of this state.
(4) 'Department' means the Department of Community Affairs of the State of Georgia created pursuant to Article 1 of Chapter 8 of Title 50.
(5) 'Governing authority' or 'governing body' means the board of commissioners of a county, sole commissioner of a county, council, commissioners, or other governing authority for a county or municipality.
(5.1) 'Inactive municipality' means any municipality which has not for a period of three consecutive calendar years carried out any of the following activities:
(A) The levying or collecting of any taxes or fees;
(B) The provision of any of the following governmental services: water; sewage; garbage collection; police protection; fire protection; or library; or
(C) The holding of a municipal election.
(5.2) 'Local government' means any county as defined in paragraph (3) of this Code section or any municipality as defined in paragraph (7) of this Code section. The term does not include any school district of this state or any sheriff, clerk of the superior court, judge of the probate court, or tax commissioner or the office, personnel, or services provided by any such elected constitutional county officer.
(5.3) 'Mechanisms' includes, but is not limited to, intergovernmental agreements, ordinances, resolutions, and local Acts of the General Assembly in effect on July 1, 1997, or executed thereafter.
(6) 'Minimum standards and procedures' means the minimum standards and procedures for preparation of comprehensive plans, for implementation of comprehensive plans, and for participation in the coordinated and comprehensive planning process, as established by the department, in accordance with Article 1 of Chapter 8 of Title 50. Minimum standards and procedures shall include any standards and procedures for such purposes prescribed by a regional development center for counties and municipalities within its region and approved in advance by the department.
(7) 'Municipality' means any municipal corporation of the state and any consolidated city-county government of the state.
(8) 'Region' means the territorial area within the boundaries of operation for any regional development center, as such boundaries shall be established from time to time by the board of the department.
(9) 'Regional development center' means a regional development center established under Article 2 of Chapter 8 of Title 50."
SECTION 2.
All laws and parts of laws in conflict with this Act are
repealed.