07 LC 28
3669S
House
Bill 728 (FLOOR SUBSTITUTE)
By:
Representatives Carter of the
159th
and Burns of the
157th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act creating a Board of Commissioners for the County of Effingham,
approved July 26, 1921 (Ga. L. 1921, p. 466), as amended, so as to provide that
the governing authority of Effingham County shall consist of six commissioners;
to provide for the qualifications, elections, terms of office, and service of
the members of the board; to provide for the filling of vacancies; to provide
for the election and service of a chairperson of the board; to provide for a
vice chairperson of the board; to provide for the submission of this Act to the
United States Department of Justice for approval; 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 of Roads and Revenues for the County of
Effingham, approved July 26, 1921 (Ga. L. 1921, p. 466), as amended, is amended
by revising Section 1 as follows:
"SECTION
1.
(a)
The governing authority of Effingham County shall be a board of commissioners
consisting of six persons, composed of a chairperson and five other
members.
(b)
The chairperson may reside anywhere within Effingham County and shall be elected
by a majority vote of the qualified voters of the entire county. One member
shall be elected from each of the five duly constituted election districts in
said county by a majority vote of the qualified voters of that election
district.
(c)
The chairperson and all members of the board of commissioners shall be nominated
and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., known as
the 'Georgia Election Code,' as now or hereafter amended.
(d)
Any person seeking membership on the board shall have:
(1)
Resided in the county for at least one year immediately preceding the date of
his or her election.
(2)
Resided in the district in which that person is seeking election on the date of
qualification for the office of county commissioner.
(e)
The chairperson and each of the other five members of the board shall serve for
a term of four years beginning the first day of January immediately following
his or her election."
SECTION
2.
Said
Act is further amended by revising Section 1A as follows:
"SECTION
1A.
(a)
The first chairperson elected under this Act shall be elected for a four-year
term at the November, 2008, general election and shall serve until his or her
successor is elected and qualified. Successors shall be elected thereafter at
the general election immediately preceding the expiration of a term of office of
four years and shall serve until their successors are elected and
qualified.
(b)
The two members elected from Districts 1 and 4 shall be elected at the November,
2008, general election for terms of four years and shall serve until their
successors are elected and qualified. The three members from Districts 2, 3,
and 5 shall be elected at the November, 2010, general election for terms of four
years and shall serve until their successors are elected and qualified.
Thereafter, all members shall be elected at the general election immediately
preceding the expiration of their respective terms of office for terms of four
years and shall serve until their successors are elected and
qualified.
(c)
All members of the board of commissioners of Effingham County holding office
from their respective districts on the effective date of this Act shall remain
in office until such time as their successors are duly elected and qualified as
provided in this Act."
SECTION
3.
Said
Act is further amended by revising Section 2 as follows:
"SECTION
2.
The
chairperson shall preside at all meetings of the board. The chairperson shall
be the official spokesperson for the board and shall have the authority to set
the agenda for meetings. At the first regular meeting in January of each year,
the board shall elect from its members a vice chairperson. In the event of the
death, disqualification, or resignation of the chairperson, the vice chairperson
shall perform the duties and have the authority of the chairperson until a new
chairperson is chosen as provided in this Act. The vice chairperson shall
preside at board meetings in the absence of the chairperson. In the event of a
vacancy in the office of vice chairperson, the board shall elect a new vice
chairperson to serve for the remainder of the unexpired term."
SECTION
4.
Said
Act is further amended by striking Section 3 in its entirety and inserting in
lieu thereof the following:
"SECTION
3.
(a)
Any vacancy in the office of chairperson or member of the board for any reason
other than the expiration of the term of office which occurs more than 180 days
before the expiration of a term of office shall be filled by special
election.
(b)
Any vacancy in the office of chairperson or member of the board which occurs 180
days or less before the expiration of a term of office shall be filled by the
remaining members of the board appointing a successor, and such appointment
shall be made within 15 days after the vacancy occurs.
(c)
Any person elected or appointed to fill a vacancy must meet all qualifications
for election to the office; and any person elected or appointed to fill a
vacancy shall serve for the remainder of the unexpired term.
(d)
In the event a member moves his or her residence from the district he or she
represents, a vacancy shall exist from such district and shall be filled in the
same manner as other vacancies are filled.
(e)
All elections to fill vacancies shall be conducted in accordance with Chapter 2
of Title 21 of the O.C.G.A., known as the 'Georgia Election
Code.'"
SECTION
5.
Said
Act is further amended by revising Section 5 as follows:
"SECTION
5.
The
board of commissioners shall hold its regular meetings on the first and third
Tuesdays of each month, in the Office of the Board of Commissioners of the
County of Effingham. The board may meet in extraordinary session as often as
the affairs of the county may require, upon call of the chairperson or any other
three members of the board."
SECTION
6.
Said
Act is further amended by revising Section 6 as follows:
"SECTION
6.
The
chairperson shall vote on matters before the board. In the event of a tie vote
the matter shall be deemed a "no vote." For the purposes of this section a "no
vote" shall not prevent the subject of the vote from being recalled for a new
vote pursuant to procedures set by the board. At all meetings of the board, not
less than four commissioners shall constitute a quorum of said board, and no
order shall be passed, no business transacted, nor any other action taken in
regard to any county matter except upon the vote therefor of three members,
three votes always being necessary to decide any question."
SECTION
7.
Pursuant
to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be
the duty of the attorney of the governing authority of Effingham County to
submit this Act to the United States Attorney General for approval. If, as of
the first date upon which candidates may begin qualifying for the general
primary in 2008, implementation of this Act is not permissible under the federal
Voting Rights Act of 1965, as amended, then as of such date this Act shall be
void and stand repealed in its entirety.
SECTION
8.
All
laws and parts of laws in conflict with this Act are repealed.