07 LC 37
0466/AP
House
Bill 758 (AS PASSED HOUSE AND SENATE)
By:
Representative Smith of the
168th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act to revise and reenact the law creating a Board of Commissioners of
Bacon County, approved April 4, 1991 (Ga. L. 1991, p. 4436), as amended, so as
to change the description of the commissioner districts; to provide for
definitions and inclusions; to provide for continuation in office of current
members; to revise vacancy provisions; to revise vice chairperson provisions; to
revise recall provisions; to revise quorum provisions; to revise extra sessions
or special meetings provisions; to revise provisions relating to the clerk and
assistant clerk; to provide for returns to the governing authority; to repeal
certain tax requirements; to change provisions relating to the budget; to repeal
certain provisions relating to quarterly publishing of the balance sheet and
operating statement; to provide for annual update of all county property; to
clarify the purchasing policy; to revise public improvement provisions to
reference general law; to clarify that contracting and bidding requirements
shall comply with general law; to change the bond requirements to comply with
general law; to clarify performance bonds shall be required pursuant to general
law; to clarify that duties of the county relating to certain county structures
comply with general law requirements; to update provisions relating to the sale
of county real property to comply with general law; to repeal provisions
relating to review of legislation by superior court judge; to provide for
submission and an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
An
Act to revise and reenact the law creating a Board of Commissioners of Bacon
County, approved April 4, 1991 (Ga. L. 1991, p. 4436), as amended, is amended by
revising Section 1 in its entirety to read as follows:
"SECTION
1.
(a)
Those members of the Board of Commissioners of Bacon County who are serving as
such immediately prior to the effective date of this Act and any person selected
to fill a vacancy in any such office shall continue to serve as such members
until the regular expiration of their respective terms of office and upon the
election and qualification of their respective successors. On and after the
effective date of this Act, the Board of Commissioners of Bacon County shall
consist of six members all of whom shall be elected from commissioner districts
described in subsection (b) of this section.
(b)
For purposes of electing members of the board other than the chairperson, each
of whom must reside in the district from which the person is to be elected,
Bacon County is divided into six commissioner districts. District 1 shall
consist of all that territory embraced within the boundaries of Bacon County.
Districts 2 through 6 shall be and correspond to those five districts described
in and attached to this Act and made a part hereof and further identified as
Plan Name: bacon07p3 Plan Type: Local User: Gina Administrator: Bacon
Co.
(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 Bacon 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 Bacon 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 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."
SECTION
2.
Said
Act is further amended by revising Section 2 in its entirety to read as
follows:
"SECTION
2.
(a)
The members of the reconstituted Board of Commissioners of Bacon County shall be
elected as provided in this subsection. The chairperson and the first members
from Commissioner Districts 2 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 thereto from Commissioner Districts 2 and
5 in 2008 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.
The first members from Commissioner Districts 3, 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 thereto from Commissioner Districts 3,
4, and 6 in 2010 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. 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 immediately 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 therefor in this subsection and until their
respective successors are elected and qualified.
(b)
All members of the board who are elected thereto shall be nominated and elected
in accordance with Chapter 2 of Title 21 of the Official Code of Georgia
Annotated, the 'Georgia Election Code.'
(c)
Commissioner Districts 1, 2, 3, 4, 5, and 6, as they exist immediately prior to
the effective date of this Act, shall continue to be designated as Commissioner
Districts 1, 2, 3, 4, 5, and 6, respectively, but as newly described under this
Act, and on and after the effective date of this Act, 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."
SECTION
3.
Said
Act is further amended by revising Section 3 in its entirety to read as
follows:
"SECTION
3.
(a)
No person shall be a member of the board if that person is ineligible for such
office pursuant to Code Section 45-2-1 of the Official Code of Georgia Annotated
or any other general law applicable to that office.
(b)
In order to be elected or appointed as a member of the board from a commissioner
district, a person must have resided in that commission district for at least 12
months prior to election or appointment thereto and, if elected, must receive
the number of votes cast as required by general law for that office in that
district only and not at large. Only electors who are residents of that
commissioner district may vote for a member of the board for that district. At
the time of qualifying for election as a member of the board from a commissioner
district, each candidate for such office shall specify the commissioner district
for which that person is a candidate. A person elected or appointed as a member
of the board from a commissioner district must continue to reside in that
district during that person´s term of office or that office shall become
vacant.
(c)
The member of the board who is chairperson of the board may reside anywhere
within Bacon County and, if elected, must receive the number of votes cast for
that office as required by general law in the entire county. The chairperson
must continue to reside within the county during that person´s term of
office or that office shall become vacant."
SECTION
4.
Said
Act is further amended by revising Section 6 in its entirety to read as
follows:
"SECTION
6.
(a)
Any vacancy in office upon the board which occurs for any reason other than
expiration of term shall be filled as follows:
(1)
If the vacancy occurs during the final 24 months of a term of office, within 30
days after such occurrence, the remaining members of the board shall appoint a
person to fill such vacancy; or
(2)
If the vacancy occurs at any time prior to the time specified in
paragraph (1) of this subsection, within 30 days after such occurrence, the
remaining members of the board shall appoint a person to fill such vacancy until
a successor is elected at a special election and qualified, which special
election shall be held on the same date as the state-wide general election which
is first held following the date of the vacancy.
(b)
Any person appointed to fill a vacancy in office pursuant to subsection (a) of
this section shall meet the same eligibility requirements specified for persons
who are elected to such office. Any person appointed to fill a vacancy under
paragraph (1) of subsection (a) of this section or elected to fill a
vacancy under paragraph (2) of subsection (a) of this section shall serve
out the remainder of the unexpired term and until a successor is elected and
qualified."
SECTION
5.
Said
Act is further amended by revising subsection (a) of Section 7 to read as
follows:
"(a)
At the first regular meeting each January, the board of commissioners shall by
majority vote elect one of their members as vice chairperson. The vice
chairperson shall serve at the pleasure of the majority of the members of the
board and may be removed at any time without notice, cause, or hearing. If the
chairperson dies, resigns, or is removed from office, the vice chairperson shall
assume the duties of the chairperson until such vacancy has been filled
according to the provisions of this Act."
SECTION
6.
Said
Act is further amended by revising Section 8 in its entirety to read as
follows:
"SECTION
8.
Each
member of the board of commissioners shall be subject to recall at any time
after his or her election according to the provisions of Chapter 4 of Title 21
of the Official Code of Georgia Annotated."
SECTION
7.
Said
Act is further amended by revising Section 10 in its entirety to read as
follows:
"SECTION
10.
All
regular meetings of the board of commissioners shall be held at a date and time
to be adopted by majority vote of the commissioners in the office of said board
or at a date and time to be adopted by the majority of the commissioners in
office of said board or at a pre-announced place on the courthouse premises in
Bacon County, Georgia, and said meetings may be adjourned from day to day until
all business is completed. Any commissioner who fails to attend a monthly
meeting forfeits his or her monthly salary for the month in which the meeting
was missed. If any commissioner attends only part of a regularly scheduled
meeting, the other commissioners shall decide whether or not to pay said
commissioner. The majority of said commissioners shall decide on the validity
of an excuse. Extra session or special meetings may be held at any time on the
call of the chairperson of the board. Whenever a special meeting is called,
notice shall be given by the clerk of the board to each member of the board, in
writing, setting forth the date and the place of the meeting and the purpose for
which the same is called, and no business shall be transacted at such special
meetings except such as is given in the notice without the unanimous consent of
the entire board of commissioners. Notice and purpose of meetings may be
waived. All such notices shall be served by leaving the same at the home of
each member or by delivering the same to him or her in person. All meetings,
both regular and special, shall be open to the public; provided, however, that
the board shall have the right to hold executive session; provided, further,
that no official action or vote on any proposition or question coming before the
board shall be taken at any other than a public meeting."
SECTION
8.
Said
Act is further amended by revising Section 12 in its entirety to read as
follows:
"SECTION
12.
It
shall be the duty of the board of commissioners at the first regular meeting in
each year to appoint a clerk of the board of commissioners. The board shall
also have the power and authority to appoint an assistant clerk if it deems the
same necessary. The salary of the clerk and the assistant clerk shall be fixed
by the board of commissioners, and they shall serve at the pleasure of a
majority of the board and may be removed at any time without notice, statement,
or proof of cause. No member of the board of commissioners shall be eligible to
hold the office of clerk during his or her continuance in office nor within 12
months after the expiration of the term nor within 12 months after resignation
or removal from the office of commissioner."
SECTION
9.
Said
Act is further amended by repealing and reserving Section 15, relating to
certain duties of the clerk, in its entirety.
SECTION
10.
Said
Act is further amended by revising Section 18 in its entirety to read as
follows:
"SECTION
18.
All
county officers of the various departments of Bacon County shall make a return,
under oath, to the governing authority of Bacon County, setting forth a just and
true statement of the amount of money received by them belonging to said county
and the sources from which the same was received; also, the expenditures,
accompanied with proper vouchers."
SECTION
11.
Said
Act is further amended by repealing and reserving Section 22, relating to tax
requirements, in its entirety.
SECTION
12.
Said
Act is further amended by revising Section 23 in its entirety to read as
follows:
"SECTION
23.
The
board of commissioners shall annually, not later than the first regular meeting
in March of each year, adopt a budget as provided for in Article 1 of Chapter 81
of Title 36 of the Official Code of Georgia Annotated."
SECTION
13.
Said
Act is further amended by repealing and reserving Section 29, relating to
quarterly publishing of the balance sheet and operating statement, in its
entirety.
SECTION
14.
Said
Act is further amended by revising Section 30 in its entirety to read as
follows:
"SECTION
30.
An
annual update shall be made by the board of commissioners of all property
belonging to Bacon County, both real and personal, and kept in an inventory book
for public inspection."
SECTION
15.
Said
Act is further amended by revising Section 34 in its entirety to read as
follows:
"SECTION
34.
A
purchasing policy shall be adopted by the Board of Commissioners of Bacon County
by ordinance."
SECTION
16.
Said
Act is further amended by revising Section 37 in its entirety to read as
follows:
"SECTION
37.
The
building, altering, repairing, improving, or demolishing of any public structure
or building or other public improvements of any kind to any public real
property, other than road projects, shall be governed by the provisions of
Article 2 of Chapter 91 of Title 36 of the Official Code of Georgia Annotated.
Road projects shall be governed by Chapter 4 of Title 32 of the Official Code of
Georgia Annotated."
SECTION
17.
Said
Act is further amended by revising Section 38 in its entirety to read as
follows:
"SECTION
38.
Contracting
and bidding requirements shall be conducted pursuant to Article 2 of Chapter 91
of Title 36 of the Official Code of Georgia Annotated."
SECTION
18.
Said
Act is further amended by revising Section 39 in its entirety to read as
follows:
"SECTION
39.
In
the event a contractor is required to give bond, the provisions of Article 3 of
Chapter 91 of Title 36 of the Official Code of Georgia Annotated shall apply to
such bonds."
SECTION
19.
Said
Act is further amended by revising Section 40 in its entirety to read as
follows:
"SECTION
40.
Performance
bonds shall be required as specified under Part 3 of Article 3 of Chapter 91 of
Title 36 of the Official Code of Georgia Annotated."
SECTION
20.
Said
Act is further amended by revising Code Section 42 in its entirety to read as
follows:
"SECTION
42.
It
is the duty of the Board of Commissioners of Bacon County to erect or repair,
when necessary, their respective courthouses and jails and all other necessary
county buildings and to furnish each with all the furniture necessary for the
different rooms, offices, or cells and to further comply with Code Section
36-9-5 of the Official Code of Georgia Annotated."
SECTION
21.
Said
Act is further amended by revising Section 45 in its entirety to read as
follows:
"SECTION
45.
The
sale or disposition of Bacon County real property shall be governed by the
provisions of Code Section 36-9-3 of the Official Code of Georgia
Annotated."
SECTION
22.
Said
Act is further amended by repealing and reserving Section 49, relating to review
of legislation by the superior court judge, in its entirety.
SECTION
23.
The
governing authority of Bacon County shall through its legal counsel 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 otherwise
becomes law without such approval.
SECTION
24.
All
laws and parts of laws in conflict with this Act are repealed.