HB 95 - Public Service Commission; election; amend provisions

First Reader Summary

A BILL to amend Article 1 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to organization and membership of the Public Service Commission, so as to change the provisions relating to the election of the members of the commission; to provide for Public Service Commission Districts in which members must reside, provided that such members are elected state wide by the qualified voters of this state; and for other purposes.

Page Numbers - 1/ 2/ 3

Code Sections - 46-2-1/ 46-2-1

Recorded Votes

• Vote # 225 Smyre Amend 02/27/97
• Vote # 226 Tolbert Amend 02/27/97
• Vote # 227 PASS 02/27/97

HB 95                                                HB 95/AP 
 
      H. B. No. 95 (AS PASSED HOUSE AND SENATE) 
      By:  Representatives Coleman of the 142nd, Murphy of the 
      18th, Hudson of the 156th, Walker of the 141st, Skipper of 
      the 137th and others 
 
                        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 Public Service Commission 
  1- 6  Districts in which members must reside, provided that such 
  1- 7  members are elected state wide by the qualified voters of 
  1- 8  this state; to provide for qualifications; to provide for 
  1- 9  terms of office; to provide for the members in office on 
  1-10  January 1, 2000; to provide for other matters relative to 
  1-11  the foregoing; to repeal conflicting laws; and for other 
  1-12  purposes. 
 
  1-13       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-14                           SECTION 1. 
 
  1-15  Article 1 of Chapter 2 of Title 46 of the Official Code of 
  1-16  Georgia Annotated, relating to the organization and 
  1-17  membership of the Georgia Public Service Commission, is 
  1-18  amended by striking in its entirety Code Section 46-2-1, 
  1-19  relating to the election of members of the Georgia Public 
  1-20  Service Commission and terms of office, which reads as 
  1-21  follows: 
 
  1-22    "46-2-1. 
 
  1-23    The Georgia Public Service Commission shall consist of 
  1-24    five members to be elected by the qualified voters of this 
  1-25    state who are entitled to vote for members of the General 
  1-26    Assembly. The election shall be held under the same rules 
  1-27    and regulations as apply to the election of Governor. The 
  1-28    Commissioners, who shall give their entire time to the 
  1-29    duties of their offices, shall be elected at the general 
  1-30    election next preceding the expiration of the terms of 
  1-31    office of the respective incumbents. Their terms of office 
  1-32    shall be six years and shall expire on December 31.", 
 
  1-33  and inserting in lieu thereof a new Code Section 46-2-1 to 
  1-34  read as follows: 
 
 
                                 -1- 
 
 
 
  2- 1    "46-2-1. 
 
  2- 2    (a) The Georgia Public Service Commission shall consist of 
  2- 3    five members to be elected as provided in this Code 
  2- 4    section.  The members in office on January 1, 2000, and 
  2- 5    any member appointed or elected to fill a vacancy in such 
  2- 6    membership prior to the expiration of a term of office 
  2- 7    shall continue to serve out their respective terms of 
  2- 8    office.  As terms of office expire, new members elected to 
  2- 9    the commission shall be required to be residents of one of 
  2-10    five Public Service Commission Districts as hereafter 
  2-11    provided, but each member of the commission shall be 
  2-12    elected state wide by the qualified voters of this state 
  2-13    who are entitled to vote for members of the General 
  2-14    Assembly.  Except as otherwise provided in this Code 
  2-15    section, the election shall be held under the same rules 
  2-16    and regulations as apply to the election of Governor. The 
  2-17    Commissioners, who shall give their entire time to the 
  2-18    duties of their offices, shall be elected at the general 
  2-19    election next preceding the expiration of the terms of 
  2-20    office of the respective incumbents. Their terms of office 
  2-21    shall be six years and shall expire on December 31. 
 
  2-22    (b) In order to be elected as a member of the commission 
  2-23    from a Public Service Commission District, a person must 
  2-24    have resided in that district for at least 12 months prior 
  2-25    to election thereto.  A person elected as a member of the 
  2-26    commission from a Public Service Commission District by 
  2-27    the voters of Georgia must continue to reside in that 
  2-28    district during the person's term of office or that office 
  2-29    shall thereupon become vacant. 
 
  2-30    (c) For the purpose of electing the members of the Public 
  2-31    Service Commission, the state shall be divided into five 
  2-32    Public Service Commission Districts described as follows: 
 
  2-33    (d) The first members of the commission elected under this 
  2-34    Code section shall be elected thereto on the Tuesday next 
  2-35    following the first Monday in November, 2000, from Public 
  2-36    Service Commission Districts 3 and 5, shall take office on 
  2-37    the first day of January immediately following that 
  2-38    election, and shall serve for terms of office of six years 
  2-39    and until the election and qualification of their 
  2-40    respective successors.  Those members of the commission 
  2-41    elected thereto on the Tuesday next following the first 
  2-42    Monday in November, 2002, from Public Service Commission 
  2-43    Districts 1 and 4 shall take office on the first day of 
  2-44    January immediately following that election and shall 
 
 
                                 -2- 
 
 
 
  3- 1    serve for terms of office of six years and until the 
  3- 2    election and qualification of their respective successors. 
  3- 3    The member of the commission elected thereto on the 
  3- 4    Tuesday next following the first Monday in November, 2004, 
  3- 5    from Public Service Commission District 2 shall take 
  3- 6    office on the first day of January immediately following 
  3- 7    that election and shall serve for a term of office of six 
  3- 8    years and until the election and qualification of his or 
  3- 9    her respective successor.  All future successors to 
  3-10    members of the commission whose terms of office are to 
  3-11    expire shall be elected at the state-wide general election 
  3-12    immediately preceding the expiration of such terms, shall 
  3-13    take office on the first day of January immediately 
  3-14    following that election, and shall serve for terms of 
  3-15    office of six years." 
 
  3-16                           SECTION 2. 
 
  3-17  Code Section 46-2-1 of the Official Code of Georgia 
  3-18  Annotated, relating to the election of members of the Public 
  3-19  Service Commission, is amended by adding after the colon at 
  3-20  the end of subsection (c) the description of the five Public 
  3-21  Service Commission Districts attached to this Act and made a 
  3-22  part hereof and further identified as: "Operator: state 
  3-23  Client: psc Plan: coalition1." 
 
  3-24                           SECTION 3. 
 
  3-25  All laws and parts of laws in conflict with this Act are 
  3-26  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -3-