Notice of Intention to Introduce Local Bill; Copies to Governing Authorities

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  5. Notice of Intention to Introduce Local Bill; Copies to Governing Authorities

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  1. No local bill shall become law unless notice of the intention to introduce such bill shall have been advertised in the newspaper in which the sheriff's advertisements for the locality affected are published one time before the bill is introduced. Such advertisement must be not more than 60 days prior to the convening date of the session at which the bill is introduced. After the advertisement has been published the bill may be introduced at any time during that session unless the advertisement is published during the session, in which event the bill may not be introduced before Monday of the calendar week following the week in which the advertisement is published.
  2. No local bill amending the charter of a municipality or the enabling Act of the governing authority of a county or a consolidated government shall become law unless a copy of the notice of the intention to introduce local legislation required by subsection (a) of this Code section is mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which such notice is published as provided in subsection (a) of this Code section or during the seven days immediately following the date of publication of such notice. A single notice sent by United States mail, postage prepaid, addressed to the governing authority of the county, municipality, or consolidated government at the official address of such governing authority shall satisfy the requirement of this subsection. If such notice is mailed, the notice requirement of this subsection shall be presumed to have been met by depositing the copy of the required notice in the United States mail. For purposes of this subsection, the copy of the notice provided to such governing authority may consist of an actual or photostatic copy of the published notice or a typed restatement of the contents of such notice.
  3. A copy of the notice as it was advertised and an affidavit stating that the notice has been published as provided by this Code section and that the notice requirements of this Code section have been met shall be attached to the bill and shall become a part of the bill. Such affidavit shall be made by the author of the bill.

(Code 1981, §28-1-14, enacted by Ga. L. 1983, p. 646, § 2; Ga. L. 1991, p. 747, § 1; Ga. L. 1996, p. 1198, § 1; Ga. L. 1997, p. 11, § 2; Ga. L. 2002, p. 985, § 1.)

Cross references.

- Advertisement of notice to introduce local legislation, Ga. Const. 1983, Art. III, Sec. V, Para. IX.

Advertisement of local legislation proposing salary supplement for judges, § 15-6-29.

Editor's notes.

- Ga. L. 1983, p. 646, § 2 and Ga. L. 1983, p. 1205, § 2, both enacted Code sections designated as "28-1-14." The "28-1-14" enacted by Ga. L. 1983, p. 1205, § 2 was redesignated as "28-1-15" by Ga. L. 1984, p. 22, § 28.

Ga. L. 1983, p. 646, § 1, not codified by the General Assembly, provides: "It is the intent of this Act to provide the law required by Article III, Section V, Paragraph IX of the Constitution of the State of Georgia."

Ga. L. 1991, p. 747, § 2, not codified by the General Assembly, provides: "This Act shall become effective July 1, 1991, and shall apply with respect to bills introduced at sessions of the General Assembly convening on or after that date. Any bill introduced at any prior session of the General Assembly shall be subject to prior law, notwithstanding the fact that it may be carried over to a later session of the General Assembly."

JUDICIAL DECISIONS

Applicability.

- Ga. L. 2007, p. 598, § 1 et seq. (H.B. 264), which amends the Homestead Option Sales and Use Tax (HOST) Act, O.C.G.A. § 48-8-100 et seq., is not local legislation subject to the notice requirements of O.C.G.A. § 28-1-14 because H.B. 264, in amending the HOST Act, is a general law as it applies in precisely the same way and without exception to every special tax district in the state that currently meets or may, in the future, meet its criteria; therefore, no compliance with the notice requirements of O.C.G.A. § 28-1-4 was required. DeKalb County v. Perdue, 286 Ga. 793, 692 S.E.2d 331 (2010).

Notice of intent to continue constitutional amendment.

- Notice of intention to introduce legislation continuing a constitutional amendment allowing establishment of a joint board of tax assessors in a population category applying only to Fulton County and the City of Atlanta was sufficient, notwithstanding that it did not specifically refer to either Fulton County or the City of Atlanta. Lomax v. Lee, 261 Ga. 575, 408 S.E.2d 788 (1991).

Sufficient notice found.

- Where the corporate limits of a municipality include portions of two counties, and the notice of intention to apply for passage of a local bill is published as required by law in the newspaper in which the sheriff's advertisements for the county of the legal situs of the municipality are published, and the local act in its enrolled form contains proof of such publication in the county of the legal situs of the municipality, this is a sufficient compliance with the requirements of article 3, section 7, paragraph 14 of the Constitution of 1945 (see now Ga. Const. 1983, Art. III, Sec. V., Para. IX). Robertson v. Temple, 207 Ga. 311, 61 S.E.2d 285 (1950).

Public hearing not required.

- Because the legislature, at the request of a city council, passed legislation authorizing the city to change its form of government from a strong mayor/weak council system to a weak mayor/strong council system employing a city manager, no public hearing was required, as O.C.G.A. § 28-1-14 did not require one. Griffin v. City Council, 279 Ga. 835, 621 S.E.2d 734 (2005).


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