07
SB263/AP
Senate
Bill 263
By:
Senators Bulloch of the 11th and Tolleson of the 20th
AS
PASSED
AN
ACT
To
amend Article 2 of Chapter 6 of Title 2 of the Official Code of Georgia
Annotated, relating to soil and water conservation districts, so as to change
certain provisions relating to district supervisors and the chairperson, terms
of elected offices, filling of vacancies, quorum, compensation, and expenses
thereof; to provide for submission; to provide for contingent repeal; 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 6 of Title 2 of the Official Code of Georgia Annotated, relating to
soil and water conservation districts, is amended by revising subsections (b)
and (c) of Code Section 2-6-31, relating to district supervisors and the
chairperson, terms of elected offices, filling of vacancies, quorum,
compensation, and expenses thereof, as follows:
"(b)(1)
The term of office of each elected supervisor shall be four years, except as
otherwise provided by paragraph (2) of this subsection. An elected supervisor
shall hold office until his or her successor has been elected and has qualified.
Successors to elected supervisors shall be elected at the general election
immediately preceding the expiration of terms and shall take office the first
day of January immediately following that election.
(2)(A)
The terms of those persons elected as supervisors in 2003 and whose terms have
not expired as of the date that implementation of this paragraph is permissible
under the Voting Rights Act of 1965, as amended, shall expire on December 31,
2008.
(B)
The terms of those persons elected as supervisors in 2004 and whose terms have
not expired as of the date that implementation of this paragraph is permissible
under the Voting Rights Act of 1965, as amended, shall expire on December 31,
2008.
(C)
The terms of those persons elected as supervisors in 2005 shall expire on
December 31, 2010.
(D)
The terms of those persons elected as supervisors in 2006 shall expire on
December 31, 2010.
(E)
If any persons were elected as supervisors on or after January 1, 2007, but
prior to the date that implementation of this paragraph is permissible under the
Voting Rights Act of 1965, as amended, then the terms of such persons shall
expire on December 31, 2012.
(c)
(1) Any vacancy in the office an appointed supervisor shall be filled for the
unexpired term. The selection of any person to fill an unexpired term of an
appointed supervisor shall be made in the same manner in which the original
appointment was made.
(2)
Any vacancy occurring in the office of an elected supervisor shall be filled as
follows:
(A)
If the vacancy occurs more than 90 days prior to the date of a general election
preceding the general election at which a successor will be elected to a new
full term of office, then such vacancy shall be filled for the unexpired term of
office at a special election to be held on the same date as said general
election preceding the general election at which a successor will be elected to
a new full term of office; and in such case the Governor shall select a
qualified person from among two persons nominated by the remaining supervisors
of the district to fill the vacancy until the person elected at such special
election takes office; and
(B)
If the vacancy does not occur more than 90 days prior to the date of a general
election preceding the general election at which a successor will be elected to
a new full term of office, then the Governor shall select a qualified person
from among two persons nominated by the remaining supervisors of the district to
fill the vacancy for the unexpired term."
SECTION
2.
The
Attorney General of Georgia shall 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 becomes law without such approval. If as of
June 30, 2008, implementation of this Act is not permissible under the Voting
Rights Act of 1965, as amended, then as of such date this Act shall be void and
shall stand repealed in its entirety.
SECTION
3.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.