07 LC 37
0311
House
Bill 741
By:
Representatives Floyd of the
99th
and Marin of the
96th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act creating the Board of Commissioners of Gwinnett County, approved
January 31, 1968 (Ga. L. 1968, p. 2003), as amended, particularly by an Act
approved April 25, 2002 (Ga. L. 2002, p. 4258), so as to reconstitute the board
of commissioners; to provide for two additional districts; to provide for
definitions and inclusions; to provide for continuation in office of the current
chairperson and members; to provide for election and terms of office of
subsequent members; to change quorum provisions; to provide for the submission
of this Act for preclearance under the federal Voting Rights Act of 1965, as
amended; to provide for related matters; to provide for effective dates; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
An
Act creating the board of commissioners of Gwinnett County, approved January 31,
1968 (Ga. L. 1968, p. 2003), as amended, particularly by an Act approved April
25, 2002 (Ga. L. 2002, p. 4258), is amended by revising Section 3 to read as
follows:
"SECTION
3.
(a)
Until January 1, 2009, the Board of Commissioners of Gwinnett County shall
consist of four members and a chairperson. On and after January 1, 2009, the
Board of Commissioners of Gwinnett County shall consist of six members and a
chairperson. The chairperson shall be elected by the qualified voters of the
entire county and may reside in any district in Gwinnett County, but each
candidate for membership on the board shall be a resident of the commissioner
district created by this section which he or she offers to represent and shall
be elected by the qualified voters of such district. The chairperson and
members of the board of commissioners shall be elected by majority
vote.
(b)
The Commissioner Districts 1, 2, 3, and 4 shall be and correspond to those four
numbered districts described in and attached to an Act approved April 25, 2002
(Ga. L. 2002, p. 4258) and further identified as Plan Name: senate(revised)
Plan Type: Local User: Gina Administrator: Gwinnett. Districts 5 and 6
shall be and correspond to those two numbered districts described in and
attached to and made a part of this Act and further identified as Plan Name:
gwincc02sup07 Plan Type: Local User: Gina Administrator H099.
(c)
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 Gwinnett 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 Gwinnett 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.
(d)(1)
The members of the reconstituted Board of Commissioners of Gwinnett County shall
be elected as provided in this subsection. The chairperson and those members of
the board elected from Commissioner Districts 1, 3, and 5 shall be elected at
the general election on the Tuesday next following the first Monday in November,
2008. The chairperson and those members of the board elected from Commissioner
Districts 1, 3, and 5 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.
(2)
The first board member from Commissioner District 6 shall be elected in the
general election on the Tuesday next following the first Monday in November,
2008, and shall take office the first day of January immediately following that
election and shall serve for an initial term of office which expires December
31, 2010, and upon the election and qualification of the board member´s
successor.
(3)
The members from Commissioner Districts 2, 4, and 6 shall be elected at the
general election on the Tuesday next following the first Monday in November,
2010. Those members of the board elected from Commissioner Districts 2, 4, and 6
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.
(4)
Those and all future successors to members of the board whose terms of office
are to expire shall be elected at the time of the state-wide general election
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 in this subsection and until their respective successors are elected
and qualified.
(e)
Notwithstanding those changes in description of commissioner districts which
became effective at the same time this section becomes effective and
notwithstanding the district residency requirement for candidates in subsection
(a) of this section, members of the board serving on the effective date of this
Act shall complete the term for which they were elected and until their
successors are elected and qualified.
(f)
Commissioner Districts 1, 2, 3, and 4, as they exist on July 1, 2007, shall
continue to be designated as Commissioner Districts 1, 2, 3, and 4 respectively,
but as newly described under this Act; and on and after July 1, 2007, such
members of the board serving from those former commissioner districts shall be
deemed to be serving from and representing their respective districts as newly
described under this Act.
(g)
All members of the board shall be nominated and elected in accordance with
Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election
Code.'"
SECTION
2.
Said
Act is further amended by revising Section 9 to read as follows:
"SECTION
9.
The
board of commissioners shall hold regular meetings on the first and third
Tuesdays of each month at 10:00 A.M. and on the fourth Tuesday of each month at
7:00 P.M. Work sessions will be held on the second and fourth Tuesdays of each
month at a time to be designated by the board of commissioners. At the evening
meetings on the fourth Tuesday, the board of commissioners shall hear
applications for rezoning. These meetings, work sessions, and other meetings
shall be held at the county seat or such other location within the county as the
board of commissioners designates and shall be open to the public. The board of
commissioners shall be authorized to change the scheduled time of the regular
meetings and the day and time of the work sessions by duly adopted resolution,
provided that notice of such change shall be published in a newspaper of general
circulation and in the official county organ for three weeks within a period of
60 days prior to the adoption of the resolution. The board of commissioners may
hold such additional meetings as shall be necessary when called by the
chairperson or any three members of the board of commissioners, provided all
members shall have been notified at least three days in advance of such special
meeting. No official action shall be taken by the board of commissioners except
in a meeting which is open to the public. The chairperson and any four members
of the board of commissioners, or any five members of the board of
commissioners, exclusive of the chairperson, shall constitute a quorum. No
official action shall be taken except upon the affirmative vote of at least five
members of the board of commissioners. The chairperson shall be entitled to the
same voting rights as other members of the board of commissioners on questions
considered by the board."
SECTION
3.
It
shall be the duty of the attorney of the Board of Commissioners of Gwinnett
County to submit this Act for approval pursuant to Section 5 of the federal
Voting Rights Act of 1965, as amended.
SECTION
4.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval, except Section 2 of this Act shall become
effective January 1, 2009.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.