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HB1159.html
02 LC 9 0937

House Bill 1159
By: Representatives Lunsford of the 109th and Cash of the 108th




A BILL TO BE ENTITLED
AN ACT

To amend an Act creating the Board of Commissioners of Butts County, approved February 24, 1941 (Ga. L. 1941, p. 793), as amended, so as to reconstitute the board of commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; 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 Butts County, approved February 24, 1941 (Ga. L. 1941, p. 793), as amended, is amended by striking Section 3A of said Act and inserting in its place the following:

"SECTION 3A.
(a) The Board of Commissioners of Butts County which existed on December 31, 2002, is continued in existence but on and after the first Monday in January, 2003, shall be constituted as provided in this Act. The Board of Commissioners of Butts County so continued and constituted, sometimes referred to in this Act as the 'board,' shall continue to have the powers, duties, rights, obligations, and liabilities of that board as existed immediately prior to the first Monday in January, 2003.
(b) The Board of Commissioners of Butts County shall consist of five members to be elected from single member districts as provided in this section. Those members of the Board of Commissioners of Butts County who are serving as such on December 31, 2002, 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.
(c) For purposes of electing members of the board of commissioners, Butts County is divided into five commissioner districts. One member of the board shall be elected from each such district. The five commissioner districts shall be and correspond to those five numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: buttsccsbwk1 Plan Type: Local User: Tara Administrator: Butts Co.
(d) 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 Butts 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 Butts 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.
(e) 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 O.C.G.A. or any other general law applicable to that office.
(f) In order to be elected as a member of the board from a commissioner district, a person must receive the number of votes cast as required by general law for that office in that district only. 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.
(g) At the general election on the Tuesday next following the first Monday in November 2002, members of the board shall be elected from Commissioner Districts 3 and 4, shall take office the first Monday of January immediately following that election, and shall serve for initial terms of office which expire on the day immediately prior to the first Monday in January, 2007, and upon the election and qualification of their respective successors. At the general election on the Tuesday next following the first Monday in November 2004, members of the board shall be elected from Commissioner Districts 1, 2, and 5, shall take office the first Monday of January immediately following that election, and shall serve for initial terms of office which expire on the day immediately prior to the first Monday in January, 2009, 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 Monday 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. Commissioner Districts 1, 2, 3, 4, and 5, as they exist immediately prior to the first Monday in January, 2003, shall continue to be designated as Commissioner Districts 1, 2, 3, 4, and 5, respectively, but as newly described under this Act, and on and after such date, 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.
(h) All members of the board who are elected thereto shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'
(i) In the event a vacancy occurs on the Board of Commissioners of Butts County for any reason other than the expiration of a term of office, the vacancy shall be filled in accordance with the provisions of Article 14 of Chapter 2 of Title 21 and Code Section 36-5-21 of the O.C.G.A. and the residency requirements set out in this section. In the event a member moves his or her residence from the commissioner district he or she represents, a vacancy shall exist from such district and shall be filled in the same manner as other vacancies are filled.
(j) At the first regular meeting of the board of commissioners in January of each year, the members of the board shall select, by majority vote, one of their number to serve as chairperson of the board.
(k) Three members of the board of commissioners shall constitute a quorum to conduct and transact business as a board.
(l) Each person elected and qualified to hold office as a member of the board of commissioners elected from a district shall receive the same annual compensation and allowances as are now or shall hereafter be allotted for each member of the board of commissioners. The chairperson of the board of commissioners shall continue to receive such compensation and allowances as are now or shall hereafter be allotted by law."

SECTION 2.
It shall be the duty of the attorney of the Board of Commissioners of Butts County to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended.

SECTION 3.
This section and Section 2 of this Act and those provisions of this Act necessary for the election of members of the Board of Commissioners of Butts County in 2002 shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. The remaining provisions of this Act shall become effective January 1, 2003.

SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.