HB714: HB714 Rincon, City of; designation of electors; revise provisions

25 LC 47 3499/AP House Bill 714 (AS PASSED HOUSE AND SENATE) By: Representative Hitchens of the 161st A BILL TO BE ENTITLED AN ACT To amend an Act to provide for the creation of one or more comm unity improvement1 districts in the City of Rincon, approved April 25, 2022 (Ga. L . 2022, p. 5627), so as to2 revise provisions relating to the designation of electors; to r evise the appointment and3 election of board members; to provide for related matters; to repeal conflicting laws; and for4 other purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 An Act to provide for the creation of one or more community improvement districts in the8 City of Rincon, approved April 25, 2022 (Ga. L. 2022, p. 5627), is amended in Section 3 by9 revising paragraph (7) as follows:10 "(7) 'Electors' means the owners of real property within the district which is then subject11 to taxes, fees, and assessments levied by the board as such own ers appear on the most12 recent ad valorem real property tax return records of Effingham County or one officer or13 director of a corporate elector, one trustee of a trust which is an elector, or one designated14 representative of an elector whose designation is made in writing at least eight days prior15 to an election to the city attorney on a form satisfactory to the city attorney. An owner16 H. B. 714 - 1 - 25 LC 47 3499/AP of multiple parcels shall only have one vote, not one vote per parcel. Multiple owners of17 one parcel shall have one vote which shall be cast by one of their number designated in18 writing by such multiple owners as their elector."19 SECTION 2.20 Said Act is further amended by revising Section 5 as follows:21 "SECTION 5.22 Administration, appointment, and election of board members23 (a)(1) Pursuant to Article IX, Section VII, Paragraph III of the Constitution of the State24 of Georgia, each district created pursuant to this Act shall be administered by a board25 composed of five board members to be appointed and elected as h ereinafter provided. 26 One board member shall be appointed by the majority vote of a q uorum of the city27 council of the City of Rincon, Georgia. One board member shall be appointed by the city28 manager of the City of Rincon, Georgia. The remaining three bo ard members shall be29 elected by a caucus of electors representing the owners of real property within the district30 subject to taxes, fees, and assessments levied by the board. Elected board members shall31 each serve for a term of four years, respectively. The appoint ed board members shall32 serve at the pleasure of the governing body and city manager wh o appointed them,33 respectively. The city council of the City of Rincon may, after adoption of a resolution,34 provide for a district created pursuant to this Act to be administered by a board composed35 of seven board members, with the sixth and seventh board members shall be elected as36 provided for in this Act.37 (2) Each elected board member shall be an elector, as defined in paragraph (7) of38 Section 3 of this Act. In the event that an elected board member ceases to be an elector39 H. B. 714 - 2 - 25 LC 47 3499/AP as required by this subsection, such board member's position shall be declared vacant as40 of the date such person ceases to qualify as an elector.41 (b) A board shall elect one of its number as chairperson, another as vice chairperson, and42 shall also elect a secretary and a treasurer or a secretary-treasurer, either of whom may, but43 need not, be a member of the board. Board members shall receiv e no compensation for44 their services but shall be reimbursed for actual expenses incurred in the performance of45 their duties.46 (c) Board members shall be subject to recall in an election called by either:47 (1) A resolution of the city council of the City of Rincon; or48 (2) A petition signed by one-third of the electors of the district.49 (d) The initial board members to be elected as provided in thi s Act shall be elected in a50 caucus of electors, which shall be held within 60 days after the adoption of a resolution of51 the city council of the City of Rincon setting the time and pla ce within the district after52 notice thereof shall have been given to such electors by publis hing notice thereof in the53 legal organ of Effingham County once a week for four weeks prio r to such caucus. 54 Thereafter, there shall be conducted annually, not later than 60 days following the last day55 for filing ad valorem property tax returns in Effingham County, a caucus of such electors56 at such time and place within the district as the board shall designate in such notice for the57 purpose of electing board members to those positions which have terms expiring or are58 vacant. If a vacancy occurs in an elected position on the board, the board shall, within 6059 days thereafter, call a special election to fill such vacancy to be held within 60 days of the60 call unless the vacancy occurs within 180 days of the next regularly scheduled election, in61 which case a special election may, but need not, be called. For any election held under the62 provisions of this Act, notice of such election shall be given to the electors by publishing63 notice thereof in the legal organ of Effingham County once a week for four weeks prior to64 such caucus.65 H. B. 714 - 3 - 25 LC 47 3499/AP (e) Chapters 2 and 4 of Title 21 of the O.C.G.A. shall not apply to the election or recall of66 district board members. A district board may adopt such bylaws not inconsistent herewith67 to provide for any matter concerning such elections."68 SECTION 3.69 All laws and parts of laws in conflict with this Act are repealed.70 H. B. 714 - 4 -