07 LC 34
0898
House
Bill 33
By:
Representatives Davis of the
109th,
Lunsford of the
110th,
Bearden of the
68th,
Lakly of the
72nd,
Byrd of the
20th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 4 of Chapter 8 of Title 50 of the Official Code of Georgia
Annotated, relating to metropolitan area planning and development commissions,
so as to change the terms and manner of election of at-large members of such
commissions; to provide that current at-large members be replaced as of the
effective date of this act; to correct cross-references; to provide for related
matters; to provide for an effective date; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
4 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating
to metropolitan area planning and development commissions, is amended by
revising Code Sections 50-8-80, relating to definitions, 50-8-82, relating to
population requirements for forming a planning area, 50-8-84, outlining the
membership on a commission, and 50-8-85, relating to terms of office of the
commission members, as follows:
"50-8-80.
As
used in this article, the term:
(1)
'Area' means a standard metropolitan statistical area located wholly within this
state as defined by the United States Executive Office of the President,
Standard Metropolitan Statistical Area 1967, Part I Criteria, Office of
Management and Budget, subject to any changes made by the Board of Community
Affairs pursuant to Code Section 50-8-30. No area, county, or municipality may
be designated as an 'area' and added to this commission and come under the
effective operation of this article without the affirmative vote of such area,
county, or municipality or its governing body.
(2)
'Area plan' means a written proposal that involves governmental action,
expenditure of public funds, use of public property, or the exercise of
franchise rights granted by any public body and which affects the citizens of
more than one political subdivision of an area and which may have a substantial
effect on the development of an area. Area plans may involve, but shall not be
limited to, such matters as land use (not including zoning), water and sewerage
systems, storm drainage systems, parks and open spaces, airports, highways and
transit facilities, hospitals, public buildings, and other community facilities
and services.
(3)
'Commission' means a metropolitan area planning and development commission
created in accordance with Code Section 50-8-82.
(4)
'Development guides' means the comprehensive development guides adopted by a
commission in accordance with Code Section 50-8-92.
(5)
'District'
means a district created pursuant to paragraph (5) of subsection (a) of Code
Section 50-8-84.
(6)
'Governing body' means the board of commissioners of a county or the mayor and
city council of a municipality or other legislative body which governs a county
or municipality.
(7)(6)
'Members at large' means those members of a commission elected pursuant to
paragraph
(6)
(3)
of subsection (a) of Code Section 50-8-84.
(8)(7)
'Municipality' means an incorporated municipality of this state lying primarily
within the area.
(9)(8)
'Political subdivision' means a
county,
or
municipality,or
consolidated government of this state
lying wholly or partially within the area.
(10)(9)
'Public members' means those members of a commission holding office pursuant to
paragraphs (1)
through
(5)
and
(2) of subsection (a) of Code Section
50-8-84.
(11)
'Redistricting' means a redistricting of an area after publication of a United
States decennial census in accordance with paragraph (5) of subsection (a) of
Code Section 50-8-84."
"50-8-82.
There
is created a metropolitan area planning and development commission in each area
of this state having a population of more than 1,000,000 according to the United
States decennial census of 1970 or any future such census. The chairman of the
county commission
or
consolidated government of the most
populous county in an area so having a population of more than 1,000,000 shall,
within ten days after July 1, 1971, or within 30 days after the publication of
the first United States decennial census which reports that an area has a
population of more than 1,000,000, as the case may be, activate the commission
to serve that area by convening a meeting of the members provided for by
paragraphs (1)
through
(4)
and
(2) of subsection (a) of Code Section
50-8-84."
"50-8-84.
(a)
The members of a commission
for an
area shall
be
consist of
three members
from each county that is within the area as
follows:
(1)
The chairman of the board of commissioners of each county
or
consolidated government within the
area;
(2)
The mayor
of the most populous municipality within the area;
(3)
From each county within the area,
except the
most populous county within the area, the
mayor of a municipality within such county, to be designated by majority vote of
the mayors
(except the
mayor of the most populous municipality within the
area) of all municipalities lying within
such county, provided that if the mayors of the municipalities eligible to vote
on such matter fail to designate one of their number within 45 days after a
vacancy exists, one of their number shall be selected by a majority vote of the
county commission of the applicable county;
and
(4)
From the most populous county within the area, the mayor of a municipality
located within the northern half of such county elected by majority vote of the
mayors of all municipalities located within the northern half of such county and
the mayor of a municipality located within the southern half of such county
elected by a majority vote of the mayors of all municipalities located within
the southern half of such county, provided that if the mayors of the
municipalities eligible to vote on such matter fail to designate one of their
number within 45 days after a vacancy exists, one of their number shall be
selected by a majority vote of the county commission of the most populous county
in the area;
(5)
A member of the legislative body of the most populous municipality lying within
the area chosen by majority vote of the members of that legislative body;
and
(6)(3)
Fifteen
at-large
At-large
members not holding elective or appointed public office and not employed by any
of the political subdivisions of the area, who shall be elected as
follows:
(A)
Within
within
ten days after a commission has been activated pursuant to Code Section
50-8-82,
and within
90 days after the publication of a subsequent United States decennial
census the members of the General Assembly
whose representative or senatorial districts lie wholly or partially within
a county
within an area
and who also
reside within that county shall meet upon
call by the Speaker of the House of Representatives and the President of the
Senate and
shall divide the area into 15 districts. Each district shall contain
approximately the same population; shall consist of combinations of contiguous
census tracts from the latest available United States decennial census; but may
cross the boundary lines of political subdivisions; and
(B)
Within ten days after the area has been so divided into districts, the public
members of a commission shall meet upon call of the chairman of the county
commission of the most populous county within its area and elect one resident of
each district as a member of the
commission.
The area shall
be divided by county and the legislative delegation of each county shall elect
one resident of each county as a member of the commission. No member of the
General Assembly shall vote in more than one county delegation for these
appointments.
(b)
Any other provision of this article to the contrary notwithstanding, the General
Assembly shall be authorized by local Act to remove any county within an area
from the provisions of this article upon the recommendation of a majority of the
full membership of the board of commissioners of any such county.
(c)
Within 90 days after any area, county, or municipality is added to or removed
from the jurisdiction of an existing commission under the provisions of
paragraph (1) of Code Section 50-8-80 or subsection (b) of this Code section,
the resulting area shall be redistricted and the 15 members at large shall be
elected in accordance with paragraph (6) of subsection (a) of this Code section
relative to redistricting after a United States decennial
census."
"50-8-85.
(a)
The public members of a commission shall have terms of office concurrent with
their respective terms of public office. Members at large of a commission shall
serve for a term of
four
two
years,
except that one-half (or if an odd number of members at large are elected to a
commission, a majority of such members at large) shall serve an initial term
(either upon activation of a commission or after a redistricting of a
commission) of two years as designated by the public members at the time of
election; provided, however, that the terms of all members at large shall
terminate at the end of any calendar year during which redistricting of the area
has occurred.
(b)
The full terms of the members at large shall commence on
January
February
1 of the year
following
the year in which they are elected
except that
the first members at large of a newly created commission shall have added to
their term the period of time commencing with their election until the first
January thereafter.
On the
effective date of this Code section, the terms of office of all current members
at large shall expire and the election of their successors shall be governed by
the provisions of this Code section.
(c)
Any member at large who moves his
or
her residence outside
a
district
an
area shall be removed from office by the
commission. A commission may remove from office any member at large who has
failed to attend the last three or more consecutive regular meetings of the
commission. A member at large may be elected to two or more successive terms on
a commission. If a member of the commission dies, resigns, is removed from
office, or for any other reason ceases to be a member of the commission, his
or
her unexpired term shall be filled by the
same persons and in the same manner as such member was originally elected to the
commission pursuant to Code Section 50-8-84.
(d)(1)
Except as provided in paragraph (2) of this subsection,
upon
Upon
the expiration of the term of office of a mayor of a municipality who has been
designated by a majority vote of the mayors of all municipalities lying within a
county in an area, the chairman of the board of commissioners of such county
shall call a meeting of the mayors of all municipalities lying within such
county, and such mayors shall designate a mayor from their number as a successor
member of the commission, provided that nothing herein shall prevent an
incumbent mayor who has been elected to another term of public office from being
redesignated as a member of the commission; provided, further, that if the
mayors of the municipalities eligible to vote on such matter fail to designate
one of their number as a successor member within 45 days after a vacancy exists,
one of their number shall be selected by a majority vote of the county
commission of the applicable county.
(2)
Upon the expiration of the term of office of the mayor of a municipality located
within the northern half of the most populous county within an area, the
chairman of the board of commissioners shall call a meeting of the mayors of all
the municipalities located within the northern half of such county and such
mayors shall designate a mayor from their number as a successor member of the
commission. Upon the expiration of the term of office of the mayor of a
municipality located within the southern half of the most populous county within
an area, the chairman of the board of commissioners of such county shall call a
meeting of the mayors of all municipalities located within the southern half of
such county and such mayors shall designate a mayor from their number as a
successor member of the commission. Nothing in this paragraph shall prevent an
incumbent mayor who has been elected to another term of office as mayor from
being redesignated as a member of the commission. In the event the mayors of
the municipalities eligible to vote on such matter fail to designate one of
their number as a successor member within 45 days after a vacancy exists, one of
their number shall be selected by a majority vote of the county commission of
the most populous county in the
area."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.