07 LC
25 4841
Senate
Bill 263
By:
Senators Bulloch of the 11th and Tolleson of the 20th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 of Chapter 6 of Title 2 of the Official Code of Georgia
Annotated, relating to soil and water conservation districts, so as to change
certain provisions relating to number and boundaries of soil and water
conservation districts, alteration of existing districts, and formation of new
districts; to change certain provisions relating to district supervisors and the
number, appointment, qualifications, terms, and county election basis thereof;
to change certain provisions relating to district supervisors and procedures for
certain elections thereof; to change certain provisions relating to district
supervisors and the chairperson, terms of elected offices, filling of vacancies,
quorum, compensation, and expenses thereof; to provide for submission; to
provide for contingent repeal; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
2 of Chapter 6 of Title 2 of the Official Code of Georgia Annotated, relating to
soil and water conservation districts, is amended by revising Code Section
2-6-28, relating to number and boundaries of soil and water conservation
districts, alteration of existing districts, and formation of new districts, as
follows:
"2-6-28.
(a)
The number and geographical boundaries of the several soil and water
conservation districts shall remain as they existed on July 1, 1973, unless
changed as provided in this Code section.
(b)(1)
If two-thirds of the supervisors within each of the affected districts, each of
the governing authorities of each county within any affected district, and the
State Soil and Water Conservation Commission agree to the alteration of any
district or the formation of any new district, the alteration or formation may
be effected if all such approvals are filed with the commission along with the
description of the altered boundaries or the boundaries of the new districts.
The alteration of existing districts or formation of new districts may not be
effected so that the boundaries of any such district will traverse the
boundaries of any regional development center within the district or
districts.
(2)
All of the property and assets of any altered district shall be distributed
among the affected districts in accordance to the same ratio used in the
distribution of state appropriated funds to the affected districts.
(3)
Any person serving as a district supervisor whose county will lie in a different
district than that from which he or she was appointed as a result of the
alteration of existing district boundaries or formation of a new district shall
continue to serve as a supervisor of the altered or new district in which his or
her county lies after such change and for the remainder of the term for which he
or she was appointed, unless the commission eliminates his or her office by
reducing the total number of supervisors in the district in which he or she
would otherwise serve after such change in
districts."
SECTION
2.
Said
article is further amended by revising Code Section 2-6-29, relating to district
supervisors and the number, appointment, qualifications, terms, and county
election basis thereof, as follows:
"2-6-29.
(a)
The governing body of each district shall consist of not less than five
supervisors,
each of whom shall be appointed by the
commission.
Two
supervisors shall be appointed by the commission, provided that in those
districts which contain three or more counties or portions of three or more
counties, the commission shall appoint one supervisor for each county in the
district. Appointments by the commission
shall be made from a list submitted to the commission by the
elected
current
supervisors of the district,
containing
three nominees for each appointive
position
if
any. The supervisors appointed by the
commission shall be persons who are qualified by training and experience to
perform the specialized, skilled services which will be required of them in the
performance of their duties under this
article, and
each shall be a qualified elector of the county which he or she
represents.
Appointed
supervisors shall serve for terms of office of two years and until their
successors are appointed.
(b)
Elected
supervisors shall be elected
Supervisors
shall be appointed upon a county
basis, as
provided in Code Section 2-6-30. Not more
than one
elected supervisor
two
supervisors shall be
elected
appointed
from each county within a district, except in districts consisting of less than
three counties.
(c)
The provisions of subsections (a) and (b) of this Code section notwithstanding,
all supervisors who were serving as such on the effective date of this
subsection shall continue to serve for terms ending December 31,
2011.
(d)(1)
All successor supervisors shall be appointed in November immediately preceding
the expiration of terms, shall take office the first day of January immediately
following that appointment, and shall serve for terms of office of four years
each, except as otherwise provided in paragraph (2) of this
subsection.
(2)
For those supervisors appointed to terms commencing January 1, 2012, one-half of
such supervisors for each district or, if a district has an odd number of
supervisors, a whole number of supervisors which is just less than one-half,
shall be appointed for initial terms of two years each.
(e)
Supervisors shall serve for the terms of office specified in subsection (d) of
this Code section and until their respective successors are appointed and
qualified."
SECTION
3.
Said
article is further amended by revising Code Section 2-6-30, relating to district
supervisors and procedures for certain elections thereof, as
follows:
"2-6-30.
(a)
Within 30
days after the date of issuance by the Secretary of State of a certificate of
organization for a soil and water conservation district, nominating petitions
may be filed with the commission to nominate candidates for supervisors of such
district. The commission shall have authority to extend the time within which
nominating petitions may be filed. No such nominating petition shall be
accepted by the commission unless it is subscribed by 25 or more qualified
electors of the county in which the nominee resides. Qualified electors may sign
more than one such nominating petition to nominate more than one candidate for
supervisor.
(b)
The commission shall be required to give due notice of
an
election
any
forthcoming appointment only in the
particular county
in which an
election is to be held
from which an
appointment is to be made.
The ballot
for each county shall contain only the names of the nominees from that county
and the electors of each county shall be eligible to vote only for the nominees
of their particular county. The names of all nominees within the county on
behalf of whom nominating petitions have been filed within the time designated
shall appear upon the ballots arranged in the alphabetical order of their
surnames, with a square before each name and a direction to insert an 'X' in the
square appearing before the name of the person for whom the elector desires to
vote. The nominee receiving the highest number of votes shall be declared the
duly elected district supervisor from that county.
(c)(b)
The commission shall
pay all the
expenses of such election
incur the
costs of such appointment processes, shall
supervise the conduct thereof, shall prescribe regulations governing the conduct
of such
election
appointments
and the
determination of the eligibility of voters
therein, and shall publish the results
thereof."
SECTION
4.
Said
article is further amended by revising Code Section 2-6-31, relating to district
supervisors and the chairperson, terms of elected offices, filling of vacancies,
quorum, compensation, and expenses thereof, as follows:
"2-6-31.
(a)
The supervisors shall designate a
chairman
chairperson
and from time to time may change such designation.
(b)
The term of
office of each elected supervisor shall be four years. An elected supervisor
shall hold office until his successor has been elected and has
qualified.
(c)
Vacancies
Any
vacancy shall be filled for the unexpired
term by
appointment. The
selection
appointment
of
successors
any
person to fill an unexpired term
or a full
term shall be made in the same manner in
which the
retiring supervisors were selected
other
appointments are made.
(d)(c)
A majority of the supervisors shall constitute a quorum; and the concurrence of
a majority of the supervisors in any matter within their duties shall be
required for its determination.
(e)(d)
The commission is authorized to fix a per diem payment for supervisors; in
addition thereto, such supervisors shall be entitled to the regular mileage
allowances provided for state employees if such supervisors travel by private
conveyance and to their actual travel expenses if they travel by public
conveyance."
SECTION
5.
The
Attorney General of Georgia shall cause this Act to be submitted for
preclearance under the federal Voting Rights Act of 1965, as amended, and such
submission shall be made to the United States Department of Justice or filed
with the appropriate court no later than 45 days after the date on which this
Act is approved by the Governor or becomes law without such approval. If as of
June 30, 2008, implementation of this Act is not permissible under the Voting
Rights Act of 1965, as amended, then as of such date this Act shall be void and
shall stand repealed in its entirety.
SECTION
6.
All
laws and parts of laws in conflict with this Act are repealed.
