07 LC 14
9530
House
Resolution 12
By:
Representatives Jones of the
46th,
Burkhalter of the
50th,
Geisinger of the
48th,
Martin of the
47th,
Wilkinson of the
52nd,
and others
A
RESOLUTION
Proposing
an amendment to the Constitution of the State of Georgia so as to provide that
the re-creation of a previously existing county which was merged into another
county may be accomplished by law subject to the approval of the voters therein
and subject to certain conditions; to provide for submission of this amendment
for ratification or rejection; and for other purposes.
BE
IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
IX, Section I of the Constitution is amended by striking Paragraph II and
inserting in its place a new Paragraph II to read as follows:
"Paragraph
II.
Number
of counties limited; county boundaries and county sites; county
consolidation. (a) There shall not be
more than 159 counties in this state.
(b)
The metes and bounds of the several counties and the county sites shall remain
as prescribed by law on June 30, 1983, unless changed under the operation of a
general law.
(c)
The General Assembly may provide by law for the consolidation of two or more
counties into one or the division of a county and the merger of portions thereof
into other counties under such terms and conditions as it may prescribe; but no
such consolidation, division, or merger shall become effective unless approved
by a majority of the qualified voters voting thereon in each of the counties
proposed to be consolidated, divided, or merged.
(d)(1)
Subparagraphs (a), (b), and (c) of this Paragraph shall not apply with respect
to the re-creation of a county which was previously merged with and made a part
of another county; and such a re-creation of a previously existing county may be
accomplished by law notwithstanding the provisions of subparagraphs (a), (b),
and (c) of this Paragraph or any other provision of this Constitution. The
boundaries of the re-created county may be the same as those in effect
immediately prior to the previous merger or may be generally similar but not
identical as determined in the discretion of the General Assembly in the Act
re-creating the county. The law re-creating the county shall contain a definite
description of boundaries of the county; may provide transitional provisions for
the transfer over time of powers, functions, facilities, and assets and
obligations to the county; and shall have the force and effect of general law
notwithstanding its territorial application. The re-creation shall not become
effective unless approved by a majority of the qualified voters voting thereon
in the area of the county to be re-created, as defined in the Act re-creating
the county.
(2)
The superior court of a county re-created under this subparagraph (d) shall be
included in the same judicial circuit as the county which previously included
the greatest part of the territory of the re-created county, unless otherwise
provided by law.
(3)
The territory within the re-created county shall constitute a new county school
district and shall be removed from any other local school district in the manner
to be provided by law."
SECTION
2.
The
above proposed amendment to the Constitution shall be published and submitted as
provided in Article X, Section I, Paragraph II of the Constitution. The ballot
submitting the above proposed amendment shall have written or printed thereon
the following:
|
"( ) YES
( ) NO
|
Shall
the Constitution of Georgia be amended to allow the re-creation of a
historically existing county which was merged into another if the voters therein
approve it by referendum?"
|
All
persons desiring to vote in favor of ratifying the proposed amendment shall vote
"Yes." All persons desiring to vote against ratifying the proposed amendment
shall vote "No." If such amendment shall be ratified as provided in said
Paragraph of the Constitution, it shall become a part of the Constitution of
this state.