05 LC 25 4052/AP
House
Bill 867 (AS PASSED HOUSE AND SENATE)
By:
Representatives Forster of the
3rd
and Dickson of the
6th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act creating the office of commissioner of Catoosa County, approved
February 23, 1943 (Ga. L. 1943, p. 858), as amended, so as
to revise the districts for the election of members of the board of
commissioners; to provide for definitions and inclusions; to provide for method
of election; to provide for submission of this Act for preclearance pursuant to
Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for
related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
An
Act creating the office of commissioner of Catoosa County, approved
February 23, 1943 (Ga. L. 1943, p. 858), as amended, is
amended by striking Section 2 and inserting in lieu thereof a new Section 2 to
read as follows:
"SECTION
2.
(a)
For the purpose of electing members of the board of commissioners, Catoosa
County shall be divided into five commissioner districts. Commissioner
Districts 1, 2, 3, and 4 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: catccsbp1 Plan Type: Local User: staff Administrator:
Catoosa. Commissioner District 5 shall be comprised of the entire geographic
area of Catoosa County.
(b)
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 Catoosa 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 Catoosa 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 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
2.
Said
Act is further amended by striking Section 3 and inserting in lieu thereof a new
Section 3 to read as follows:
"SECTION
3.
(a)
The members of the board who were elected at the general election in November,
2002, shall continue in office for the terms to which they were elected and
until successors are elected and qualified as provided in this Act. The members
of the board who were elected at the general election in November, 2004, shall
continue in office for the terms to which they were elected and until successors
are elected and qualified as provided in this Act.
(b)
The first members of the reconstituted board of commissioners of Catoosa County
from Commissioner Districts 2 and 4 shall be elected at the general election in
November, 2006. Such members shall take office on January 1 following their
election for terms of four years and until their successors are elected and
qualified.
(c)
The first members of the reconstituted board of commissioners of Catoosa County
from Commissioner Districts 1, 3, and 5 shall be elected at the general election
in November 2008. Such members shall take office on January 1 following their
election for terms of four years and until their successors are elected and
qualified.
(d)
Successors to members elected under subsections (b) and (c) of this section
shall be elected at the November general election next preceding the expiration
of such terms of office and shall take office on January 1 following their
election for terms of four years and until their successors are elected and
qualified.
(e)
Commissioner Districts 1, 2, 3, 4, and 5 as they existed on January 1, 2005,
shall continue to be designated as Commissioner Districts 1, 2, 3, 4, and 5,
respectively, but as newly described under this Act, and, on and after the
effective date of this Act, 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
section."
SECTION
3.
The
governing authority of Catoosa County shall through its legal counsel cause this
Act to be submitted for approval pursuant to Section 5 of 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 that
45 days after the date on which this Act is approved by the Governor or
otherwise becomes law without such approval.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.