08 LC 28
4098
House
Bill 1307
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 12, 1978 (Ga. L. 1978,
p. 3399), so as to provide for the election of members of the board of
commissioners by the electors of their respective districts; to provide for
election districts and boundaries; to provide for the continuation in office of
the present members until the expiration of their respective terms of office; to
provide for elections; to provide for legislative intent; 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 a Board of Commissioners for Fayette County, approved March 9,
1959 (Ga. L. 1959, p. 2431), as amended, particularly by an Act
approved March 12, 1978 (Ga. L. 1978, p. 3399), is amended by
revising Section 2 as follows:
"SECTION
2.
(a)
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. Commissioner Districts 1, 2, 3, 4, and 5 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: 5faycom Plan
Type: Local User: Gina Administrator: H066.
(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 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.
(c)
Those members of the Board of Commissioners of Fayette County who are serving as
such on January 1, 2008, 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 until the election and qualification of
their respective successors. The successor to each such member shall be elected
as provided in this section.
(d)
The first members for new Commissioner Districts 1, 2, and 3 shall be elected by
the electors of their respective districts at the general election on the
Tuesday next following the first Monday in November, 2012. Those members of the
board elected thereto from new Commissioner Districts 1, 2, and 3 in 2012 shall
take office the first day of January immediately following that election and
shall serve for initial terms of office which expire December 31, 2014, and upon
the election and qualification of their respective successors.
(e)
The first members for new Commissioner Districts 4 and 5 shall be elected by the
electors of their respective districts at the general election on the Tuesday
next following the first Monday in November, 2010. Those members of the board
elected thereto from new Commissioner Districts 4 and 5 in 2010 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.
(f)
Those and all future successors to members of the board whose terms of office
are to expire shall be elected by the electors of their respective districts 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.
(g)
Each commissioner shall be a resident of the geographic area encompassed by the
respective commissioner district which he or she represents. Each commissioner
shall be elected by a majority of the electors voting within the respective
commissioner district. Any commissioners who cease to be residents of their
respective commissioner districts during their terms of office shall thereby
vacate their seats on the commission. All members of the commission shall be
nominated and elected pursuant to the provisions of Chapter 2 of Title 21 of the
O.C.G.A., the 'Georgia Election Code,' as now or hereafter
amended."
SECTION
2.
The
governing authority 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.
It
is the purpose of this Act to change the method of election of members of the
Board of Commissioners of Fayette County from at-large to district voting. It
is not the intention of the General Assembly to affect the membership of current
members of the board or their terms of office, and such matters shall remain as
provided by law on the effective date of this Act until otherwise amended by
law.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.