 |
|
|
| Georgia General Assembly |
HBill.html
02 LC 9 1021
House Bill 1327
By: Representatives
Lunsford of the 109th, Sanders of the 107th, Cash of the
108th and Maddox of the 72nd
A BILL TO BE
ENTITLED
AN ACT
To amend an Act providing for a new Board of Commissioners
of Henry County, approved March 28, 1974 (Ga. L. 1974, p. 3680), 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 a statement of intent; 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 providing for a new Board of Commissioners of Henry
County, approved March 28, 1974 (Ga. L. 1974, p. 3680), as amended, is amended
by striking Section 2 of said Act and inserting in its place the
following:
"SECTION
2.
(a) The Board of Commissioners of Henry County which
existed on May 31, 2002, is continued in existence but on and after June 1,
2002, shall be constituted as provided in this Act. The Board of Commissioners
of Henry 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 June 1, 2002. On
and after June 1, 2002, the Board of Commissioners of Henry County shall consist
of a chairperson who shall be elected at large as provided in subsection (d) of
this section and five additional members each of whom shall be elected from
commissioner districts described in subsection (b) of this section.
Commissioner Districts 1, 2, 3, 4, and 5, as they exist on May 31, 2002, 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 June 1,
2002, 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 section. Those members of the Board of
Commissioners of Henry County who are serving as such on May 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.
(b) For purposes of electing members of
the board of commissioners, other than the chairperson, Henry 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: henryp2 Plan Type: LOCAL User:
PaulH Administrator: Henry County.
(c) 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 Henry 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 Henry 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.
(d) The chairperson of the board of
commissioners may reside anywhere within Henry County and must receive the
number of votes cast for that office as required by general law in the entire
county. In order to be eligible to qualify as a candidate for the office of
chairperson of the board of commissioners, a person must have been a resident of
Henry County for at least 12 months prior to that person´s
election, must be at least 25 years of age as of the date of qualifying as a
candidate, and must possess a high school diploma or its equivalent. The
chairperson must continue to reside within the county during that person´s
term of office or that office shall become vacant.
(e)
Each of the remaining five members of said board, other than the chairperson,
must have been a resident of Henry County for at least 12 months prior to that
person´s election and must have been a resident of the commissioner
district from which such person is elected for at least 12 months prior to such
election. 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."
SECTION 2.
It is the purpose of this Act to reapportion the districts
from which members of the Board of Commissioners of Henry County are to be
elected in the November, 2002, general election and in subsequent general
elections and results from changes in population based on the United States
decennial census of 2000. Except as provided in this Act, it is not the
intention of the General Assembly to affect the membership of current members of
the board, their terms of office, or the manner in which their successors shall
be elected and such matters shall remain as provided by law on the effective
date of this Act until otherwise amended by law.
SECTION 3.
It shall be the duty of the attorney of the Board of
Commissioners of Henry County to submit this Act for approval pursuant to
Section 5 of the federal Voting Rights Act of 1965, as
amended.
SECTION 4.
This section and Section 3 of this Act 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 June 1, 2002.
SECTION 5.
All laws and parts of laws in conflict with this Act are
repealed.