05 LC 22
5792
House
Bill 856
By:
Representatives Fludd of the
66th,
Jordan of the
77th,
and Abdul-Salaam of the
74th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act creating a Board of Commissioners for Fayette County, approved
March 9, 1959 (Ga. L. 1959, p. 2431), as amended, particularly by an Act
approved March 13, 1978 (Ga. L. 1978, p. 3399), 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 change the manner of electing 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 a Board of Commissioners for Fayette County, approved March 9, 1959
(Ga. L. 1959, p. 2431), as amended, particularly by an Act approved March 13,
1978 (Ga. L. 1978, p. 3399), is amended by striking Sections 1 through 3 and
inserting in lieu thereof the following:
"SECTION
1.
The
Board of Commissioners of Fayette 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 Fayette 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 Fayette 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 Fayette County shall consist of five members all of whom shall
be elected from commissioner districts described in subsection (b) of this
section.
(b)
For purposes of electing members of the board of commissioners, Fayette County
is divided into five commissioner districts. One member of the board shall be
elected from each such district. The five commissioner districts shall be and
correspond to those five numbered districts described in and attached to and
made a part of this Act and further identified as Plan Name: faysb02cc Plan
Type: Local User: Gina Administrator: Fayette.
(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 Fayette 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 Fayette 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 first members of the reconstituted Board of Commissioners of Fayette County
shall be elected at the general election on the Tuesday next following the first
Monday in November, 2008. The members of the board elected thereto 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.
(d)
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.'
(e)
Road Districts 1, 2, 3, 4, and 5, as they exist on December 31, 2005, shall be
designated as Commissioner Districts 1, 2, 3, 4, and 5, respectively, but as
newly described under this Act, and on and after January 1, 2006, such members
of the board serving from those former road districts shall be deemed to be
serving from and representing their respective commissioner districts as newly
described under this
Act."
SECTION
2.
The
Board of Commissioners of Fayette 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 January 1, 2006.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.