hb1643_HB_1643_AP_4.html
06 LC 34 0594/AP
House Bill 1643 (AS PASSED HOUSE AND SENATE)
By: Representative Hudson of the 124th

A BILL TO BE ENTITLED
AN ACT

To provide that the probate judge of Glascock County shall serve ex officio as chief magistrate of the Magistrate Court of Glascock County on and after January 1, 2009; to provide an effective date; to provide for a referendum; to repeal certain Acts; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Pursuant to subsection (g) of Code Section 15-10-20 of the O.C.G.A., the chief magistrate of the Magistrate Court of Glascock County shall not be separately elected for any term of office that begins on or after January 1, 2009, but on and after that date the probate judge of Glascock County shall serve ex officio as the chief magistrate of the Magistrate Court of Glascock County.

SECTION 2.
The following Acts are specifically repealed:
(1) An Act to create and establish a Small Claims Court in and for Glascock County, approved February 27, 1970 (Ga. L. 1970, p. 2198); and
(2) An Act to amend an Act creating the Small Claims Court of Glascock County, approved April 11, 1979 (Ga. L. 1979, p. 3860).

SECTION 3.
Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Glascock County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Glascock County for approval or rejection. The election superintendent shall conduct that election on the date of the November, 2006, general election and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Glascock County. The ballot shall have written or printed thereon the words:
"(  )  YES

(  )  NO
Shall the Act be approved which provides that the probate judge of Glascock County shall serve ex officio as chief magistrate of the Magistrate Court of Glascock County on and after January 1, 2009?"
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become of full force and effect immediately. If Section 1 of this Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Glascock County. It shall be the election superintendent́s duty to certify the result thereof to the Secretary of State.

SECTION 4.
Except as otherwise provided in Section 3 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval for purposes of conducting the referendum specified in Section 3.

SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.