House Bill 1384
By: Representatives Scoggins of the 14th, Efstration of the 104th, Burchett of the 176th, Kelley
of the 16th, Cannon of the 172nd, and others
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 36-34-2 of the Official Code of Georgia Annotated, relating to
powers relating to administration of government generally, so as to require municipalities to
remit a portion of revenue generated through certain franchise agreements to the county in
which they are located; to provide for related matters; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 36-34-2 of the Official Code of Georgia Annotated, relating to powers relating
to administration of government generally, is amended by revising paragraph (7) as follows:
"(7)(A) The power to grant franchises to or make contracts with railroads, street
railways, or urban transportation companies, electric light or power companies, gas
companies, steam-heat companies, telephone companies, water companies, and other
public utilities for the use and occupancy of the streets of the city, for the purpose of
rendering utility services, upon such conditions and for such time as the governing
authority of the municipal corporation may deem wise and subject to the Constitution
and the general laws of this state.
(B) The amount of fees collected from customers of public utilities or companies as a
result of franchise agreements or contracts authorized by this paragraph shall be
itemized on bills or invoices transmitted to customers for utility services. The
requirements of this subparagraph shall not apply to fees that are included in the
system-wide charges or base rates of a public utility or company subject to a franchise
agreement or contract.
<ins>(C) Each municipality shall remit 25 percent of the total revenue generated from
franchise agreements or contracts with electric light or power companies authorized by
this paragraph to the county in which such municipality is located. For municipalities
located in more than one county, the total amount remitted to the counties shall be
divided pro rata based on each county's population according to the most recent United
States decennial census with each county's population including only the
unincorporated population of the county."
</ins> SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.