HB1749.html

House Bill 1749
By: Representative Houston of the 166^th

A BILL TO BE ENTITLED
AN ACT

To amend an Act creating the board of commissioners of roads and revenues of Berrien County, approved February 28, 1887 (Ga. L. 1886-87, p. 664), as amended, so as to change the number of commissioners; to change the composition of the commissioner districts; to provide for the election of the commissioners; to provide for definitions and inclusions; to provide for election of a chairperson; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for a referendum; to provide for effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

An Act creating the board of commissioners of roads and revenues of Berrien County, approved February 28, 1887 (Ga. L. 1886-87, p. 664), as amended, is amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:

(a) The board of commissioners of Berrien County shall be composed of five members to be elected as provided for in this Act. For the purpose of electing the members of the board, Berrien County is hereby divided into five commissioner districts which 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: berccp2 Plan Type: Local User: Linda Administrator: Berrien.
(b) 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 Berrien 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 Berrien 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.
(c) The terms of all members of the board of commissioners serving on the effective date of this Act shall end on December 31, 2004.
(d) At the state-wide general election in 2004, members of the board shall be elected from Commissioner Districts 1, 2, 3, 4, and 5. The members elected from Commissioner Districts 2, 4, and 5 shall take office on January 1 following their election for terms of four years and until their successors are elected and qualified. The members elected from Commissioner Districts 1 and 3 shall take office on January 1 following their election for terms of two years and until their successors are elected and qualified.
(e) Successors to members elected under subsection (d) of this section shall be elected at the state-wide general election next preceding the expiration of such terms of office and shall take office on January 1 following their election for terms of four years and until their successors are elected and qualified.
(f) Each member shall be elected by the vote of the electors of the entire county. At the time of qualifying, each person shall designate for which district such person seeks election. In order to be eligible to offer for election to the board, a candidate must be a legal resident of the commissioner district from which such person seeks election. If during his or her term of office a member ceases to be a legal resident of the district from which such member was elected, such member´s seat on the board shall be declared vacant and such vacancy shall be filled as provided by law.
(g) At its first meeting each year, the members of the board of commissioners shall elect, by majority vote, one of their members to serve as chairperson for that year and until the election of a chairperson in the subsequent year. A member shall be eligible to succeed himself or herself as a member of the board and also as chairperson of the board."

It shall be the duty of the attorney for the governing authority of Berrien County to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended.

Unless otherwise prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Berrien County shall call and conduct an election on the date of the 2002 state-wide general election as provided in this section for the purpose of submitting this Act to the electors of Berrien County for approval or rejection. The election superintendent shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Berrien County. The ballot shall have written or printed thereon the words:

"( ) YES

( ) NO

Shall the Act be approved which provides for a board of commissioners of Berrien County consisting of five members?"

All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for the approval of the Act, those provisions of Section 1 of this Act relating to and necessary for the regular election in 2004 of members of the board of commissioners of Berrien County shall become effective on January 1, 2004, and Section 1 shall become of full force and effect on January 1, 2005. If the Act is not approved or if the election is not conducted as provided in this section, Section 1 shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Berrien County. It shall be the duty of the election superintendent of Berrien County to certify the results thereof to the Secretary of State.

Except as otherwise provided in Section 3 of this Act, this Act shall become effective upon approval by the Governor or upon its becoming effective without such approval.

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