HB359: HB359 Cedartown, City of; Redevelopment Powers Law; provide for a referendum
Last action February 25, 2025 · Effective Date 2025-02-25
House Bill 359 would let the City of Cedartown use Georgia's Redevelopment Powers Law, including creating tax allocation districts and issuing bonds, if voters approve it in a local referendum.
In plain language
Georgia law allows cities to take on special redevelopment powers, such as creating tax allocation districts and issuing tax allocation bonds to fund redevelopment projects, but only if the state legislature authorizes a specific city to use them under the state constitution and the Redevelopment Powers Law (O.C.G.A. Chapter 44 of Title 36). This bill authorizes the City of Cedartown to exercise those full redevelopment powers. The authorization only takes effect if Cedartown voters approve it in a referendum held on the Tuesday after the third Tuesday in March 2025. If voters approve, the redevelopment powers become effective immediately. If voters reject it, or the election is not held as required, the authorization never takes effect and the bill automatically repeals itself the following January 1. The city must pay for the election and publish notice of it in Polk County's official legal newspaper.
What the bill does
- Authorizes the City of Cedartown to use all powers under Georgia's Redevelopment Powers Law (O.C.G.A. Chapter 44 of Title 36), including creating tax allocation districts and issuing tax allocation bonds.
- Requires a local referendum where Cedartown voters must approve or reject the authorization before it can take effect.
- Sets the referendum date as the Tuesday after the third Tuesday in March 2025 and requires public notice of the election in Polk County's legal organ.
- Makes Section 1 (the grant of redevelopment powers) effective immediately if a majority of voters approve it.
- Automatically repeals the bill on the following January 1 if voters reject it or the election is not properly held.
- Requires the election superintendent to certify the results to the Georgia Secretary of State and requires Cedartown to pay the election's costs.
Who it affects
Registered voters in the City of Cedartown, who will decide the outcome in the referendum; Cedartown's city government, which would gain new redevelopment financing tools; and Polk County's election superintendent, who must run and publicize the vote.
Why it matters
If voters approve, Cedartown could pursue redevelopment projects using tax allocation districts and bonds, tools other Georgia cities already use to fund infrastructure and revitalization without raising general property tax rates. If voters reject it, the city gains no new powers and the law expires.
Key provisions
- Section 1 grants Cedartown authority to exercise all powers under the Redevelopment Powers Law and the related state constitutional provision (Article IX, Section II, Paragraph VII(b)), including creating tax allocation districts and issuing bonds.
- Section 2 requires a referendum on the Tuesday after the third Tuesday in March 2025, with notice published 90 days before and weekly for two weeks before the vote in Polk County's official legal newspaper.
- Section 2 specifies the exact ballot language voters will see and states that a simple majority 'yes' vote makes Section 1 effective immediately.
- Section 2 provides that if voters reject the measure or the election is not properly conducted, the entire Act is automatically repealed the following January 1.
- Section 3 sets the bill's general effective date as the date the Governor signs it or it otherwise becomes law, except for the referendum-dependent provisions in Section 2.
- Section 4 repeals any existing laws that conflict with this Act.
From the bill
“Shall the Act be approved which authorizes the City of Cedartown, Georgia, to exercise all redevelopment powers allowed under the 'Redevel opment Powers Law,' as it may be amended from time to time?”
Status timeline
- Effective Date 2025-02-25
- Act 2
- House Date Signed by Governor (House)
- House Sent to Governor (House)
- Senate Transmitted House (Senate)
- Senate Passed/Adopted (Senate)
- Senate Committee Favorably Reported (Senate)
- Senate Read and Referred (Senate)
Show full history (14 actions)
- House Passed/Adopted (House)
- House Third Readers (House)
- House Committee Favorably Reported (House)
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Trey Kelley (R, HD-016)
Votes
- House voteFebruary 13, 2025
163 yea, 0 nay (11 not voting, 6 absent)
- Senate voteFebruary 19, 2025
51 yea, 0 nay (2 not voting, 3 absent)
Topics
- Cedartown
- redevelopment powers
- tax allocation districts
- local referendum
- Polk County