06 LC 22
5782/AP
House
Bill 780 (AS PASSED HOUSE AND SENATE)
By:
Representative Morris of the
155th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act creating the Board of Commissioners of Toombs County, approved
February 13, 1959 (Ga. L. 1959, p. 2010), as amended, particularly by an Act
approved March 23, 1977 (Ga. L. 1977, p. 3927), so as to reconstitute the board
of commissioners; to change the description of the commissioner districts; to
provide for definitions and inclusions; to provide for continuation in office of
current members; to provide for election and terms of office of subsequent
members; to provide for submission of this Act for preclearance under the
federal Voting Rights Act of 1965, as amended; to provide an effective date; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
An
Act creating the Board of Commissioners of Toombs County, approved February 13,
1959 (Ga. L. 1959, p. 2010), as amended, particularly by an Act approved March
23, 1977 (Ga. L. 1977, p. 3927), is amended by striking Sections 1 through 3 and
inserting in lieu thereof the following:
"SECTION
1.
The
Board of Commissioners of Toombs County which existed on December 31, 2005, is
continued in existence but on and after January 1, 2006, shall be constituted as
provided in this Act. The Board of Commissioners of Toombs County so continued
and constituted, sometimes referred to in this Act as the 'board,' shall
continue to have the powers, duties, rights, obligations, and liabilities of
that board as existed immediately prior to January 1, 2006.
SECTION
2.
(a)
Those members of the Board of Commissioners of Toombs County who are serving as
such on December 31, 2005, and any person selected to fill a vacancy in any such
office shall continue to serve as such members until the regular expiration of
their respective terms of office and upon the election and qualification of
their respective successors. On and after January 1, 2006, the Board of
Commissioners of Toombs County shall consist of four members who shall be
elected from commissioner districts described in subsection (b) of this section
and a chairperson who is elected at large as provided in subsection (c) of
Section 3 of this Act.
(b)
For purposes of electing members of the board of commissioners, other than the
chairperson, Toombs County is divided into four commissioner districts. One
member of the board shall be elected from each such district. The four
commissioner districts shall be and correspond to those four numbered districts
described in and attached to and made a part of this Act and further identified
as Plan Name: toomccp1 Plan Type: Local User: staff Administrator:
Toombs.
(c)
When used in such attachment, the terms 'Tract' and 'BG' (Block Group) shall
mean and describe the same geographical boundaries as provided in the report of
the Bureau of the Census for the United States decennial census of 2000 for the
State of Georgia. The separate numeric designations in a Tract description
which are underneath a 'BG' heading shall mean and describe individual Blocks
within a Block Group as provided in the report of the Bureau of the Census for
the United States decennial census of 2000 for the State of Georgia. Any part of
Toombs County which is not included in any such district described in that
attachment shall be included within that district contiguous to such part which
contains the least population according to the United States decennial census of
2000 for the State of Georgia. Any part of Toombs County which is described in
that attachment as being in a particular district shall nevertheless not be
included within such district if such part is not contiguous to such district.
Such noncontiguous part shall instead be included within that district
contiguous to such part which contains the least population according to the
United States decennial census of 2000 for the State of Georgia. Except as
otherwise provided in the description of any commissioner district, whenever the
description of such district refers to a named city, it shall mean the
geographical boundaries of that city as shown on the census map for the United
States decennial census of 2000 for the State of Georgia.
SECTION
3.
(a)
No person shall be a member of the board if that person is ineligible for such
office pursuant to Code Section 45-2-1 of the O.C.G.A. or any other general law
applicable to that office.
(b)
In order to be elected or appointed as a member of the board from a commissioner
district, a person must have that
persońs
legal residence in that district at the time of qualifying for election or at
the time of appointment and, if elected, must receive the number of votes cast
as required by general law for that office in that district only and not at
large. Only electors who are residents of that commissioner district may vote
for a member of the board for that district. At the time of qualifying for
election as a member of the board from a commissioner district, each candidate
for such office shall specify the commissioner district for which that person is
a candidate. A person elected or appointed as a member of the board from a
commissioner district must continue to reside in that district during that
persońs
term of office or that office shall become vacant.
(c)
The member of the board who is chairperson of the board may reside anywhere
within Toombs County and, if elected, must receive the number of votes cast for
that office as required by general law in the entire county. The chairperson
must continue to reside within the county during that
persońs
term of office or that office shall become vacant.
SECTION
3A.
(a)
The members of the reconstituted Board of Commissioners of Toombs County shall
be elected as provided in this subsection. The first members from Commissioner
Districts 1 and 4 shall be elected at the general election on the Tuesday next
following the first Monday in November, 2006. Those members of the board
elected thereto from Commissioner Districts 1 and 4 in 2006 shall take office
the first day of January immediately following that election and shall serve for
initial terms of office which expire December 31, 2010, and upon the election
and qualification of their respective successors. The first members from
Commissioner Districts 2 and 3 shall be elected at the general election on the
Tuesday next following the first Monday in November, 2008. Those members of the
board elected thereto from Commissioner Districts 2 and 3 in 2008 shall take
office the first day of January immediately following that election and shall
serve for initial terms of office which expire December 31, 2012, and upon the
election and qualification of their respective successors. Those and all future
successors to members of the board whose terms of office are to expire shall be
elected at the time of the state-wide general election immediately preceding the
expiration of such terms, shall take office the first day of January immediately
following that election, and shall serve for terms of office of four years each.
Members of the board shall serve for the terms of office specified therefor in
this subsection and until their respective successors are elected and
qualified.
(b)
All members of the board who are elected thereto shall be nominated and elected
in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election
Code'.
(c)
Commissioner Districts 1, 2, 3, and 4, as they exist on December 31, 2005, shall
continue to be designated as Commissioner Districts 1, 2, 3, and 4,
respectively, but as newly described under this Act, and on and after January 1,
2006, such members of the board serving from those former commissioner districts
shall be deemed to be serving from and representing their respective districts
as newly described under this
Act."
SECTION
2.
The
Board of Commissioners of Toombs County shall through its legal counsel cause
this Act to be submitted for preclearance under the federal Voting Rights Act of
1965, as amended; and such submission shall be made to the United States
Department of Justice or filed with the appropriate court no later than 45 days
after the date on which this Act is approved by the Governor or otherwise
becomes law without such approval.
SECTION
3.
This
Act shall become effective on January 1, 2006.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.