05 LC 34
0417
House
Bill 891
By:
Representatives Smith of the
13th,
Benton of the
31st,
Burns of the
157th,
Cummings of the
16th,
Barnes of the
78th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 of Chapter 2 of Title 32 of the Official Code of Georgia
Annotated, relating to the State Transportation Board, so as to provide a
procedure for removing a member from the board; to provide for related matters;
to provide an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
2 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating
to the State Transportation Board, is amended by striking subsection (b) of Code
Section 32-2-20, relating to the composition of the State Transportation Board,
and inserting in its place the following:
"(b)
Each member shall be elected to serve for a term of five years and until his
or
her successor is duly elected and
certified. The member of the board from each congressional district shall be
elected by a majority vote of the members of the House of Representatives and
Senate whose respective districts are embraced or partly embraced within such
congressional district, meeting in caucus at the regular session of the General
Assembly immediately preceding the expiration of the term of office of each such
board member. Said caucus shall be called at the state capitol by the Speaker of
the House of Representatives and the President of the Senate within the first
ten days of the convening of the General Assembly in regular session by mailing
to the members of the General Assembly who are affected written notice at least
four days before the caucus, which notice shall state the time, place, and
purpose of said caucus. Within 15 days after each such election, the Speaker of
the House and the President of the Senate shall jointly transmit a certificate
of such election to the Secretary of State who, upon receipt thereof, shall
immediately issue his
or
her commission thereon, with the great
seal of the state affixed thereto.
A member of
the board may be a subject of a recall vote if a petition for removal is signed
by 20 percent of the members of the General Assembly whose respective districts
are embraced or partly embraced within the congressional district of the member.
The removal from office shall be voted upon at a specially called meeting of the
caucus, such meeting to be called by the Speaker of the House of Representatives
and the President of the Senate. By a vote of a majority of the members, the
legislative caucus may remove the board member and fill the vacancy in the
manner provided for in subsection (c) of this Code section. At a minimum of ten
days prior to the meeting of the caucus, the board member who is the subject of
the recall election shall be provided in writing a recall notice that shall
include the reasons for the recall. The board member shall also be informed in
the recall notice that an opportunity will be given to be heard in person or by
counsel and to present witnesses to the legislative caucus prior to the recall
vote."
SECTION
2.
This
Act shall become effective on July 1, 2005.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.