HB709: HB709 Demorest, City of; Redevelopment Powers Law; provide for a referendum

Georgia law allows cities to use special redevelopment tools, including creating tax allocation districts and issuing tax allocation bonds, under Chapter 44 of Title 36 of Georgia's code (the 'Redevelopment Powers Law') and Article IX, Section II, Paragraph VII(b) of the state constitution. This bill would authorize the City of Demorest to use all of those powers. The authorization would not take effect automatically. The bill requires Demorest's election superintendent to hold a referendum on the November 2025 general election date, asking city voters to approve or reject the measure. If more than half of the votes cast favor approval, the redevelopment authority becomes effective immediately. If voters reject it, or if the election is not held as required, the authorization never takes effect and the whole Act is automatically repealed on the following January 1. The city must pay for the election, and results must be certified to the Secretary of State.

• Authorizes the City of Demorest to exercise 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 citywide referendum on the Tuesday after the first Monday in November 2025 to approve or reject the authorization.
• Requires public notice of the election to be published in Habersham County's official legal organ 90 days before the vote and weekly for two weeks before it.
• Makes the redevelopment authority take effect immediately only if more than half of the votes cast favor approval.
• Automatically repeals the entire Act on the following January 1 if voters reject it or the election is not properly held.
• Sets the city's obligation to pay election costs and requires certification of results to the Georgia Secretary of State.

Residents and registered voters of the City of Demorest, the city's election superintendent and government, Habersham County's official legal newspaper, and any future property owners or developers within areas the city might designate as tax allocation districts.

If approved by voters, Demorest could use tax allocation bonds and other redevelopment financing tools to fund development projects, similar to tools other Georgia cities already use. If voters reject the measure or the election does not happen as required, the city gains no new powers and the law is automatically undone.

• Section 1 authorizes the City of Demorest to exercise all powers under the Redevelopment Powers Law (O.C.G.A. Chapter 44, Title 36), including creating tax allocation districts and issuing bonds.
• Section 2 requires a referendum on the November 2025 general election date, with detailed publication and ballot-wording requirements, and provides that the Act only takes effect if a majority of votes cast favor approval.
• Section 2 also provides for automatic repeal of the entire Act on the following January 1 if the referendum fails or is not held.
• Section 3 sets the general effective date as the date of the Governor's approval or the date the bill becomes law without approval, except for the referendum-dependent Section 1.
• Section 4 repeals any conflicting laws.

1. 2025-05-13Effective Date 2025-05-13
2. 2025-05-13Act 213
3. 2025-05-13House Date Signed by Governor (House)
4. 2025-04-10House Sent to Governor (House)
5. 2025-04-04Senate Passed/Adopted (Senate)
6. 2025-04-04Senate Committee Favorably Reported (Senate)
7. 2025-03-31Senate Read and Referred (Senate)
8. 2025-03-28House Passed/Adopted (House)

• Victor Anderson (R, HD-010)Primary sponsor
• Chris Erwin (R, HD-032)

1. PassedHouse voteMarch 28, 2025

   160 yea, 0 nay (8 not voting, 12 absent)

   Local Calendar : House Vote #332

2. PassedSenate voteApril 4, 2025

   51 yea, 1 nay (3 not voting, 1 absent)

   Local Consent Calendar: Senate Vote #446

• local government
• redevelopment powers
• tax allocation districts
• Demorest referendum
• Habersham County