HB 1609 - Albany, City of; mayor and city commissioners; terms

First Reader Summary

A BILL to amend an Act creating a new charter for the City of Albany, so as to provide for staggered terms of office of four years for the mayor and city commissioners; and for other purposes.

Roberts, Lawrence R (162nd) Everett, Doug (163rd) Dukes, Winfred (161st)
Status Summary HC: LLeg SC: SLGO LA: 03/27/98 Signed by Governor
Page Numbers - 1/ 2/ 3
House Action Senate
2/10/98 Read 1st Time 2/13/98
2/11/98 Read 2nd Time
2/12/98 Favorably Reported 3/2/98
Committee Amend/Sub Am
2/12/98 Read 3rd Time
2/12/98 Passed/Adopted 3/2/98
Comm/Floor Amend/Sub CA
3/5/98 Amend/Sub Agreed To
3/24/98 Sent to Governor
3/27/98 Signed by Governor
624 Act/Veto Number
3/27/98 Effective Date

HB 1609                                            HB 1609/AP 
 
      H. B. No. 1609 (AS PASSED HOUSE AND SENATE) 
      By:  Representatives Roberts of the 162nd, Everett of the 
      163rd and Dukes of the 161st 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend an Act creating a new charter for the City of 
  1- 2  Albany, approved August 18, 1923 (Ga. L. 1923, p. 370), as 
  1- 3  amended, particularly by an Act approved March 30, 1989 (Ga. 
  1- 4  L. 1989, p. 4802), so as to provide for staggered terms of 
  1- 5  office of four years for the mayor and city commissioners; 
  1- 6  to provide for a referendum; to provide for automatic repeal 
  1- 7  in certain circumstances; to provide for related matters; to 
  1- 8  repeal conflicting laws; and for other purposes. 
 
  1- 9       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-10                           SECTION 1. 
 
  1-11  An Act creating a new charter for the City of Albany, 
  1-12  approved August 18, 1923 (Ga. L. 1923, p. 370), as amended, 
  1-13  particularly by an Act approved March 30, 1989 (Ga. L. 1989, 
  1-14  p. 4802), is amended by striking in its entirety Section 3A, 
  1-15  and inserting in its place the following: 
 
 
 
  1-16    (a) Applicability; regular elections.  The provisions of 
  1-17    this section shall govern and supersede any provision of 
  1-18    Section 3 of this Act to the contrary. 
 
  1-19    (b) The mayor and the three commissioners from the first, 
  1-20    fourth, and sixth wards in office on January 1, 1999, 
  1-21    shall complete the two-year terms for which they were 
  1-22    elected on the second Monday in January, 2000, and when 
  1-23    their successors are elected and qualified. On the Tuesday 
  1-24    next following the first Monday in November, 1999, a 
  1-25    successor mayor and successor commissioners from the 
  1-26    first, fourth, and sixth wards shall be elected for terms 
  1-27    of four years and until their successors are elected and 
  1-28    qualified, taking office on the second Monday in January, 
  1-29    2000. Their successors shall be elected on the Tuesday 
  1-30    next following the first Monday in November, 2003, and 
  1-31    quadrennially thereafter, taking office on the second 
  1-32    Monday in the January next following their election for 
 
 
 
                                 -1- 
 
 
 
  2- 1    terms of four years and until their successors are elected 
  2- 2    and qualified. 
 
  2- 3    (c) The commissioners from the second, third, and fifth 
  2- 4    wards in office on January 1, 1999, shall complete the 
  2- 5    two-year terms for which they were elected on the second 
  2- 6    Monday in January, 1999, and when their successors are 
  2- 7    elected and qualified. Their successors shall be elected 
  2- 8    on the Tuesday next following the first Monday in 
  2- 9    November, 1998, for terms of three years, expiring on the 
  2-10    second Monday in January, 2002, and when their successors 
  2-11    are elected and qualified. Their successors shall be 
  2-12    elected for terms of four years on the Tuesday following 
  2-13    the first Monday in November, 2001, and shall take office 
  2-14    on the second Monday in January, 2002, their terms 
  2-15    expiring on the second Monday in January, 2006, and when 
  2-16    their successors are elected and qualified.  Thereafter, 
  2-17    successors shall be elected quadrennially, beginning on 
  2-18    the Tuesday after the first Monday in November, 2005, and 
  2-19    shall take office on the second Monday of January next 
  2-20    following their election for terms of four years and until 
  2-21    their successors are elected and qualified." 
 
  2-22                           SECTION 2. 
 
  2-23  This Act is enacted pursuant to the authority provided for 
  2-24  in subsection (d) of Code Section 21-3-64 of the O.C.G.A. 
 
  2-25                           SECTION 3. 
 
  2-26  Unless prohibited by the federal Voting Rights Act of 1965, 
  2-27  as amended, the election superintendent of the City of 
  2-28  Albany shall call and conduct an election as provided in 
  2-29  this section for the purpose of submitting this Act to the 
  2-30  electors of the City of Albany for approval or rejection. 
  2-31  The election superintendent shall conduct that election on 
  2-32  the date and in conjunction with the general primary 
  2-33  election in 1998, and shall issue the call therefor not less 
  2-34  than 30 days prior to that date. The superintendent shall 
  2-35  cause the date and purpose of the election to be published 
  2-36  once a week for two weeks immediately preceding the date 
  2-37  thereof in the official organ of Dougherty County.  The 
  2-38  ballot shall have written or printed thereon the words: 
 
  2-39    "(  ) YES Shall the Act be approved which provides for 
  2-40              four-year staggered terms of office for the 
  2-41     (  ) NO  mayor and commissioners of the City of 
  2-42              Albany?" 
 
 
 
                                 -2- 
 
 
 
  3- 1  All persons desiring to vote for approval of the Act shall 
  3- 2  vote "Yes," and those persons desiring to vote for rejection 
  3- 3  of the Act shall vote "No."  If more than one-half of the 
  3- 4  votes cast on such question are for approval of the Act, it 
  3- 5  shall become of full force and effect immediately.  If the 
  3- 6  Act is not so approved or if the election is not conducted 
  3- 7  as provided in this section, the remaining sections of this 
  3- 8  Act shall not become effective and this Act shall be 
  3- 9  automatically repealed on the first day of January 
  3-10  immediately following that election date. 
 
  3-11  The expense of such election shall be borne by the City of 
  3-12  Albany.  It shall be the election superintendent's duty to 
  3-13  certify the result thereof to the Secretary of State. 
 
  3-14                           SECTION 4. 
 
  3-15  All laws and parts of laws in conflict with this Act are 
  3-16  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -3- 

Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 04/20/98

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