SB197.html
03 LC 19 5706

Senate Bill 197
By: Senators Reed of the 35th, Thomas of the 10th, Zamarripa of the 36th, Levetan of the 40th, Adelman of the 42nd and Fort of the 39th

AS PASSED SENATE

A BILL TO BE ENTITLED
AN ACT

To repeal an Act approved March 18, 1986 (Ga. L. 1986, p. 4035), which continued in force and effect as part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1966 general election (H.R. 60-99; Ga. L. 1966, p. 924) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia relating to the authorization of Fulton County to conduct recreational programs in cities of not more than 5,000 persons, provided that the city contributes one-half of the cost of such programs and provided that the cost to Fulton County does not exceed $5,000.00 per year; to repeal that constitutional amendment duly ratified at the 1966 general election (H.R. 60-99; Ga. L. 1966, p. 924) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia relating to the authorization of Fulton County to conduct recreational programs in cities of not more than 5,000 persons; 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.
That Act approved March 18, 1986 (Ga. L. 1986, p. 4035), which continued in force and effect as part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1966 general election (H.R. 60-99; Ga. L. 1966, p. 924) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia relating to the authorization of Fulton County to conduct recreational programs in cities of not more than 5,000 persons, is repealed in its entirety.

SECTION 2.
That constitutional amendment duly ratified at the 1966 general election (H.R. 60-99; Ga. L. 1966, p. 924) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia relating to the authorization of Fulton County to conduct recreational programs in cities of not more than 5,000 persons, provided that the city contributes one-half of the cost of such programs and provided that the cost to Fulton County does not exceed $5,000.00 per year, and which was continued on and after July 1, 1987, as a part of the Constitution of the State of Georgia is repealed in its entirety.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, as soon as practicable, 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 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 authorizes Fulton County to conduct recreational programs in cities of not more than 5,000 persons, provided that the city contributes one-half of the cost of such programs and provided that the cost to Fulton County does not exceed $5,000.00 per year?"

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, 2004. 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.