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02 LC 18 1636

Senate Bill 569
By: Senators Fort of the 39th, Tate of the 38th, Paul of the 40th, Scott of the 36th, James of the 35th and Price of the 56th

AS PASSED SENATE

A BILL TO BE ENTITLED
AN ACT

To repeal an Act approved March 20, 1986 (Ga. L. 1986, p. 4440), and an Act approved March 25, 1986 (Ga. L. 1986, p. 4774), which continued in force and effect as part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1952 general election (Res. Act No. 88; Senate Resolution No. 85; Ga. L. 1952, p. 514) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia relating to the authority of the Fulton County Commissioners and Ex Officio Judges with respect to ad valorem taxation of real and personal property; to repeal that constitutional amendment duly ratified at the 1952 general election (Res. Act No. 88; Senate Resolution No. 85; Ga. L. 1952, p. 514) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia relating to the authority of the General Assembly to provide by law the method of selection of the Tax Commissioner of Fulton County; to provide the authority for this Act; to provide for a referendum; to provide effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
The Acts approved March 20, 1986 (Ga. L. 1986, p. 4440), and March 25, 1986 (Ga. L. 1986, p. 4774), which continued in force and effect as part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1952 general election (Res. Act No. 88; Senate Resolution No. 85; Ga. L. 1952, p. 514) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia relating to the authority of the General Assembly to provide by law for the method of selection of the Tax Commissioner of Fulton County, are repealed in their entirety.

SECTION 2.
That constitutional amendment duly ratified at the 1952 general election (Res. Act No. 88; Senate Resolution No. 85; Ga. L. 1952, p. 514) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia relating to the authority of the General Assembly to provide by law for the method of selection of the Tax Commissioner of Fulton County and which was continued on and after July 1, 1987, as a part of the Constitution of the State of Georgia, is repealed in its entirety.

SECTION 3.
This Act is passed pursuant to Article XI, Section I, Paragraph IV(b) of the Constitution of the State of Georgia which authorizes the repeal of certain amendments to the Constitution which were continued in force and effect after July 1, 1987.

SECTION 4.
Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Fulton County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Fulton County for approval or rejection. The election superintendent shall conduct that election on the date of the November, 2002, state-wide general election and 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 Fulton County. The ballot shall have written or printed thereon the words:
"(  )  YES

(  )  NO

Shall the local constitutional amendment be repealed which provides for the authority of the General Assembly to provide by law for the method of selection of the Tax Commissioner of Fulton County so that those matters may be provided for by general law?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those 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 approval of the Act, Sections 1 and 2 of this Act shall become of full force and effect on January 1, 2003. If Sections 1 and 2 of this Act are not so approved or if the election is not conducted as provided in this section, 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 Fulton County. It shall be the election superintendent´s duty to certify the result thereof to the Secretary of State.

SECTION 5.
Except as otherwise provided in Section 4 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 6.
All laws and parts of laws in conflict with this Act are repealed.