HB 1837 - Jackson County; board of commissioners; composition
Georgia House of Representatives - 1995/1996 Sessions
HB 1837 - Jackson County; board of commissioners; composition
Page Numbers - 1/ 2/ 3/ 4
1. Stephenson 25th
House Comm: LLeg / Senate Comm: SLGO /
House Vote: Yeas 144 Nays 0 Senate Vote: Yeas 42 Nays 1
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House Action Senate
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2/28/96 Read 1st Time 3/6/96
2/29/96 Read 2nd Time
3/5/96 Favorably Reported 3/18/96
Committee Amend/Sub Am
3/5/96 Read 3rd Time
3/5/96 Passed/Adopted 3/18/96
Comm/Floor Amend/Sub CA
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Code Sections amended:
HB 1837 LC 21 3761
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend an Act entitled "An Act to create a board of county
1- 2 commissioners for the County of Jackson," approved December
1- 3 18, 1901 (Ga. L. 1901, p. 257), as amended, particularly by
1- 4 an Act approved August 17, 1903 (Ga. L. 1903, p. 339), so as
1- 5 to provide that the board of commissioners of Jackson County
1- 6 shall be composed of a chairperson and five commissioners;
1- 7 to provide that the chairperson and commissioners shall be
1- 8 elected from the county at large; to provide that the
1- 9 commissioners shall each reside in one of four districts; to
1-10 provide for districts; to provide for elections; to provide
1-11 for submission of this Act for approval by the United States
1-12 Attorney General; to provide for related matters; to provide
1-13 for a referendum; to provide for effective dates and
1-14 automatic repeal; to repeal conflicting laws; and for other
1-15 purposes.
1-16 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
1-17 An Act entitled "An Act to create a board of county
1-18 commissioners for the County of Jackson," approved December
1-19 18, 1901 (Ga. L. 1901, p. 257), as amended, particularly by
1-20 an Act approved August 17, 1903 (Ga. L. 1903, p. 339), is
1-21 amended by striking in its entirety Section 1 and inserting
1-22 in lieu thereof the following:
"SECTION 1.
1-23 (a) For purposes of electing members of the board of
1-24 commissioners, Jackson County shall be divided into four
1-25 commissioner districts as described in the description of
1-26 the commissioner districts of Jackson County attached to
1-27 this Act and made a part hereof and further identified as
1-28 "Operator: local Client: Jackson Plan: JACKCC95P2".
1-29 (b) The board of commissioners of Jackson County shall
1-30 consist of a chairperson and four commissioners to be
1-31 elected by a plurality of the votes cast in elections held
1-32 for that purpose. All such elections shall be held and
-1- (Index)
LC 21 3761
2- 1 conducted as provided in Chapter 2 of Title 21 of the
vad d he h d ± ´œ@ d ´œ@ d ´œ@ d æ ´œ@ d M ´œ@ d ´ ´œ@ d
2- 3 qualifying, each candidate for the office of commissioner
2- 4 shall designate which of the four commissioner districts
2- 5 provided in subsection (a) of this Section he or she seeks
2- 6 to represent. Each commissioner shall reside in the district
2- 7 he or she represents or seeks to represent both at the time
2- 8 of qualifying and throughout his or her term of office. The
2- 9 chairperson and commissioners elected at the general
2-10 election held in November, 1996, shall serve for the
2-11 remainder of their terms and until their successors are duly
2-12 elected and qualified. At the general election held in
2-13 November of 1998, commissioners shall be elected to
2-14 represent commissioner districts 1 and 2. At the general
2-15 election held in November of 2000, the chairperson and
2-16 commissioners representing commissioner districts 3 and 4
2-17 shall be elected. The chairperson and commissioners shall
2-18 take office at the first regular meeting held in the year
2-19 following their election and shall serve terms of four years
2-20 and until their successors are duly elected and qualified.
2-21 (c)(1) In the event a vacancy occurs in the office of
2-22 any member of said board when more than six months
2-23 remain before the expiration of the term of office, it
2-24 shall be the duty of the election superintendent of
2-25 Jackson County, within 15 days after such vacancy
2-26 occurs, to issue the call for a special election for the
2-27 purpose of filling such vacancy for the unexpired term.
2-28 Any such special election shall be governed by the
2-29 provisions of Chapter 2 of Title 21 of the O.C.G.A., the
2-30 'Georgia Election Code.' In the event a vacancy occurs
2-31 in the office of any member of said board when six
2-32 months or less remain before the expiration of the term
2-33 of office, such vacancy shall not be filled, and the
2-34 remaining members of the board of commissioners shall
2-35 constitute the governing authority of Jackson County
2-36 until a successor is elected at the next general
2-37 election. In the event all positions on the board of
2-38 commissioners become vacant for any reason, the judge of
2-39 the Probate Court of Jackson County shall serve as the
2-40 governing authority of Jackson County until such
2-41 vacancies are filled by special election or until new
2-42 members are elected at the general election as provided
2-43 in this Act.
2-44 (2) In addition to any other events creating a vacancy
2-45 on the board of commissioners, the office of a member of
-2- (Index)
LC 21 3761
3- 1 the board shall be immediately vacated if the member
3- 2 moves his or her residence from the district which he or
3- 3 she was elected to represent."
SECTION 2.
3- 4 It shall be the duty of the governing authority of Jackson
3- 5 County to require the attorney therefor to submit this Act,
3- 6 pursuant to Section 5 of the federal Voting Rights Act of
3- 7 1965, as amended, to the United States Attorney General for
3- 8 approval.
SECTION 3.
3- 9 Unless prohibited by the federal Voting Rights Act of 1965,
3-10 as amended, the election superintendent of Jackson County
3-11 shall call and conduct an election as provided in this
3-12 section for the purpose of submitting this Act to the
3-13 electors of Jackson County for approval or rejection. The
3-14 election superintendent shall conduct this election at the
3-15 time of the general election held in November, 1996. The
3-16 election superintendent shall issue the call and conduct
3-17 that election as provided by general law. The
3-18 superintendent shall cause the date and purpose of the
3-19 election to be published once a week for two weeks
3-20 immediately preceding the date thereof in the official organ
vad d he h d Iÿ ´œ@ d °ÿ ´œ@ d ÿ ´œ@ d ~ÿ ´œ@ d åÿ ´œ@ d Lÿ ´œ@ d ³ÿ
3-22 thereon the words:
3-23 "( ) YES Shall the Act be approved which changes the
3-24 governing authority of Jackson County to a
3-25 ( ) NO five-member board of commissioners to be
3-26 composed of a chairperson to be elected at
3-27 large and four commissioners residing in
3-28 specified commissioner districts to be elected
3-29 county wide?"
3-30 All persons desiring to vote for approval of the Act shall
3-31 vote "Yes," and those persons desiring to vote for rejection
3-32 of the Act shall vote "No." If more than one-half of the
3-33 votes cast on such question are for approval of the Act,
3-34 then Section 1 of this Act shall become effective on January
3-35 1, 1997. If the Act is not so approved or if the election
3-36 is not conducted as provided in this section, this Act shall
3-37 not become effective and this Act shall be automatically
3-38 repealed on the first day of January immediately following
3-39 that election date.
-3- (Index)
LC 21 3761
4- 1 The expense of such election shall be borne by Jackson
4- 2 County. It shall be the election superintendent's duty to
4- 3 certify the result thereof to the Secretary of State.
SECTION 4.
4- 4 Except as otherwise provided in Section 3 of this Act, this
4- 5 Act shall become effective upon its approval by the Governor
4- 6 or upon its becoming law without such approval.
SECTION 5.
4- 7 All laws and parts of laws in conflict with this Act are
4- 8 repealed.
-4- (Index)
Office of the Clerk of the House
Robert E. Rivers, Jr., Clerk of the House
Last Updated on 01/02/97