Georgia House of Representatives - 1995/1996 Sessions

HB 122 - Public Service Commission; districts; provisions

Page Numbers - 1/ 2/ 3/ 4

Code Sections - 46-2-1

1. Snow  2nd              2. Lane  146th             3. Streat  167th
4. Channell  111th        5. McCall  90th            6. Shaw  176th


House Comm: Ind        /                Senate Comm:            /                                   
House Vote: Yeas       Nays             Senate Vote: Yeas     Nays                                  
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               House          Action         Senate                                                 
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              1/10/95  Read 1st Time                                                                
              1/11/95  Read 2nd Time                                                                
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Code Sections amended: 46-2-1                                                                       


HB 122                                             LC 10 1013






                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Article 1 of Chapter 2 of Title 46 of the Official
  1- 2  Code of Georgia Annotated, relating to organization and
  1- 3  membership of the Public Service Commission, so as to change
  1- 4  the provisions relating to the election of the members of
  1- 5  the commission; to provide for additional members; to
  1- 6  provide for districts; to provide for qualifications; to
  1- 7  provide for terms of office; to provide for the members in
  1- 8  office on January 1, 1998; to provide for other matters
  1- 9  relative to the foregoing; to provide a conditional
  1-10  effective date and for automatic repeal; to repeal
  1-11  conflicting laws; and for other purposes.

  1-12       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-13  Article 1 of Chapter 2 of Title 46 of the Official Code of
  1-14  Georgia Annotated, relating to the organization and
  1-15  membership of the Public Service Commission, is amended by
  1-16  striking Code Section 46-2-1, relating to the election of
  1-17  the Public Service Commission, and inserting in its place a
  1-18  new Code Section 46-2-1 to read as follows:

  1-19    "46-2-1. (Index)

  1-20    (a) The Georgia Public Service Commission shall consist of
  1-21    five members to be elected by the qualified voters of this
  1-22    state who are entitled to vote for members of the General
  1-23    Assembly. The election shall be held under the same rules
  1-24    and regulations as apply to the election of Governor. The
  1-25    Commissioners, who shall give their entire time to the
  1-26    duties of their offices, shall be elected at the general
  1-27    election next preceding the expiration of the terms of
  1-28    office of the respective incumbents. Their terms of office
  1-29    shall be six years and shall expire on December 31. one
  1-30    member to be elected from each Public Service Commission
  1-31    district of the state in the manner provided in subsection
  1-32    (b) of this Code section.  Each member of the commission




                                 -1- (Index)

                                                  LC 10 1013

  2- 1    shall be a resident of the Public Service Commission
  2- 2    district which such member represents.

  2- 3      (b)(1) Those members of the commission who are serving
  2- 4      as such on January 1, 1998, and any person selected to
  2- 5      fill a vacancy in any such offices shall continue to
  2- 6      serve as such members for terms of office which expire
  2- 7      December 31, 1998.  On and after January 1, 1999, the
  2- 8      commission shall consist of seven members all of whom
  2- 9      shall be elected from Public Service  Commission
  2-10      districts described in paragraph (4) of this subsection.

  2-11      (2) No person shall be a member of the commission if
  2-12      that person is ineligible for such office pursuant to
  2-13      Code Section 45-2-1 or any other general law.

  2-14      (3) In order to be elected as a member of the commission
  2-15      from a Public Service Commission district, a person must
  2-16      have resided in that district for at least 12 months
  2-17      prior to election thereto and must receive a majority of
  2-18      the votes cast for that office in that district only.
  2-19      Only electors who are residents of that Public Service
  2-20      Commission district may vote for a member of the
  2-21      commission for that district.  At the time of qualifying
  2-22      for election as a member of the commission from a Public
  2-23      Service Commission district, each candidate for such
  2-24      office shall specify the Public Service Commission
  2-25      district for which that person is a candidate.  A person
  2-26      elected as a member of the commission from a Public
  2-27      Service Commission district must continue to reside in
  2-28      that district during that person's term of office or
  2-29      that office shall thereupon become vacant.

  2-30      (4) For the purpose of electing the seven-member Public
  2-31      Service Commission, the state shall be divided into
  2-32      seven Public Service Commission districts as follows:

  2-33        (A) Public Service Commission District 1 shall include
  2-34        all of the area encompassing Senate Districts 1, 2, 3,
  2-35        4, 6, 7, 8, and 13 as such districts are described in
  2-36        Code Section 28-2-2;

  2-37        (B) Public Service Commission District 2 shall include
  2-38        all of the area encompassing Senate Districts 11, 12,
  2-39        14, 15, 16, 18, 19, and 26 as such districts are
  2-40        described in Code Section 28-2-2;

  2-41        (C) Public Service Commission District 3 shall include
  2-42        all of the area encompassing Senate Districts 17, 20,



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                                                  LC 10 1013

  3- 1        22, 23, 24, 25, 45, and 46 as such districts are
  3- 2        described in Code Section 28-2-2;

  3- 3        (D) Public Service Commission District 4 shall include
  3- 4        all of the area encompassing Senate Districts 27, 28,
  3- 5        29, 30, 31, 33, 34, and 37 as such districts are
  3- 6        described in Code Section 28-2-2;

  3- 7        (E) Public Service Commission District 5 shall include
  3- 8        all of the area encompassing Senate Districts 21, 32,
  3- 9        35, 36, 38, 39, 40, and 56 as such districts are
  3-10        described in Code Section 28-2-2;

  3-11        (F) Public Service Commission District 6 shall include
  3-12        all of the area encompassing Senate Districts 5, 9,
  3-13        10, 41, 42, 43, 44, and 55 as such districts are
  3-14        described in Code Section 28-2-2; and

  3-15        (G) Public Service Commission District 7 shall include
  3-16        all of the area encompassing Senate Districts 47, 48,
  3-17        49, 50, 51, 52, 53, and 54 as such districts are
  3-18        described in Code Section 28-2-2.

  3-19      (5) The first members of the commission elected under
  3-20      this Code section shall be elected on the Tuesday next
  3-21      following the first Monday in November, 1998.  Those
  3-22      members of the commission elected thereto from Public
  3-23      Service Commission Districts 1, 3, 5, and 7 in 1998
  3-24      shall take office the first day of January immediately
  3-25      following that election and shall serve for initial
  3-26      terms of office which expire December 31, 2002, and upon
  3-27      the election and qualification of their respective
  3-28      successors.  Those members of the commission elected
  3-29      thereto from Public Service Commission Districts 2, 4,
  3-30      and 6 in 1998 shall take office the first day of January
  3-31      immediately following that election and shall serve for
  3-32      initial terms of office which expire December 31, 2000,
  3-33      and upon the election and qualification of their
  3-34      respective successors.  Those and all future successors
  3-35      to members of the commission whose terms of office are
  3-36      to expire shall be elected at the state-wide general
  3-37      election immediately preceding the expiration of such
  3-38      terms, shall take office the first day of January
  3-39      immediately following that election, and shall serve for
  3-40      terms of office of four years.  Members of the
  3-41      commission shall serve for the terms of office specified
  3-42      therefor in this subsection and until their respective
  3-43      successors are elected and qualified.



                                 -3- (Index)

                                                  LC 10 1013

  4- 1      (6) All members of the commission shall be nominated and
  4- 2      elected in accordance with Chapter 2 of Title 21, the
  4- 3      'Georgia Election Code.'

  4- 4    (c) Each Commissioner shall give such Commissioner's
  4- 5    entire time to the duties of such Commissioner's office."

                         SECTION 2.

  4- 6  This Act shall become effective on January 1, 1997, upon
  4- 7  ratification by the voters of this state at the 1996
  4- 8  November general election of that proposed amendment to
  4- 9  Article IV, Section I, Paragraph I of the Constitution which
  4-10  changes the composition of the Public Service Commission and
  4-11  which provides for the election of the members of the Public
  4-12  Service Commission by the voters of Public Service
  4-13  Commission districts; provided, however, that if such
  4-14  amendment is not so ratified, this Act shall be null and
  4-15  void and shall stand repealed in its entirety on January 1,
  4-16  1997.

                         SECTION 3.

  4-17  All laws and parts of laws in conflict with this Act are
  4-18  repealed.


























                                 -4- (Index)