HR192: HR192 General Assembly; creation and comprehensive regulation of community development districts; provide - CA

25 LC 44 3153S The House Committee on Ways and Means offers the following substitute to HR 192: A RESOLUTION Proposing an amendment to the Constitution so as to authorize t he General Assembly to1 provide by general law for the creation and comprehensive regul ation of workforce and2 residential infrastructure districts; to provide for the submis sion of this amendment for3 ratification or rejection; and for other purposes.4 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:5 SECTION 1.6 Article IX of the Constitution is amended by adding a new section to read as follows:7 "SECTION VIII.8 WORKFORCE AND RESIDENTIAL INFRASTRUCTURE DISTRICTS9 Paragraph I. Creation. The General Assembly may by general law provide for the10 creation of and comprehensive regulation of workforce and resid ential infrastructure11 districts; provided, however, that a workforce and residential infrastructure district may12 only be created when approved by the governing authority of eac h county in which13 county's unincorporated area any portion of the district is proposed to be located and by the14 H. R. 192 (SUB) - 1 - 25 LC 44 3153S governing authority of each municipality in which any portion of the district is proposed15 to be located.16 Paragraph II. Purposes. The purpose of a workforce and residential infrastructure17 district shall be the creation, provision, and expansion of wor kforce and residential18 infrastructure services and facilities as may be provided for by general law.19 Paragraph III. Administration. (a) Any general law providing for the creation of20 workforce and residential infrastructure districts shall provide for the establishment of an21 administrative or governing body for the workforce and residential infrastructure district22 and the appointment or election, terms, and qualifications of the members of such body.23 (b) The administrative or governing body of each workforce and residential24 infrastructure district may be authorized to levy, impose, and collect such taxes, fees, and25 assessments within the district, or portion or portions of such district, under such conditions26 as shall be specified by general law.27 Paragraph IV. Debt. The administrative or governing body of a workforce and28 residential infrastructure district may incur debt, as authoriz ed by general law, without29 regard to any of the provisions of Section V of this article, which debt may be backed by30 the full faith, credit, and taxing power of the workforce and r esidential infrastructure31 district but shall not be an obligation of the State of Georgia or any unit of government of32 the State of Georgia.33 Paragraph V. Cooperation with local governments. The provisions of this section shall34 in no way limit the authority of any county or municipality to provide services or facilities35 within any workforce and residential infrastructure district, and any county or municipality36 shall retain full and complete authority and control over any of its facilities located within37 a workforce and residential infrastructure district. Such control shall include, but shall not38 be limited to, the modification of, access to, and the degree and type of services provided39 through or by facilities of the county or municipality. Nothin g contained in this section40 shall be construed to limit or preempt the application of any g overnmental laws,41 H. R. 192 (SUB) - 2 - 25 LC 44 3153S ordinances, resolutions, or regulations to any workforce and re sidential infrastructure42 district or the services or facilities provided therein. No administrative or governing body43 of a workforce and residential infrastructure district shall ha ve or exercise the power of44 eminent domain, nor shall the state or any local government del egate such power to or45 exercise such power through any administrative or governing bod y of a workforce and46 residential infrastructure district.47 Paragraph VI. Regulation by general law. The General Assembly by general law shall48 provide for the powers, duties, and authority of workforce and residential infrastructure49 districts and may regulate, restrict, and limit the creation of workforce and residential50 infrastructure districts and the exercise of the powers of administrative or governing bodies51 of workforce and residential infrastructure districts in any appropriate manner, including,52 but not limited to, by limiting the application of such general law by population."53 SECTION 2.54 The above proposed amendment to the Constitution shall be publi shed and submitted as55 provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the56 above proposed amendment shall have written or printed thereon the following:57 "( ) YES58 ( ) NO59 60 61 62 Shall the Constitution of Georgia be amended so as to authorize the General Assembly to provide by general law for the creation and compreh ensive regulation of workforce and residential infrastructure districts to provide for public infrastructure for the provision of workforce and reside ntial infrastructure as authorized by local governments?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes."63 All persons desiring to vote against ratifying the proposed amendment shall vote "No." If64 such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall65 become a part of the Constitution of this state.66 H. R. 192 (SUB) - 3 -