Bill Text: GA HB466 | 2011-2012 | Regular Session | Introduced

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Bill Title: Hahira, City of; councilmembers reside in district; provide

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2011-05-11 - Effective Date [HB466 Detail]

Download: Georgia-2011-HB466-Introduced.html

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11 LC 28 5508/AP

House Bill 466 (AS PASSED HOUSE AND SENATE)

By: Representative Shaw of the 176th

A BILL TO BE ENTITLED
AN ACT

To amend an Act to incorporate the City of Hahira, approved August 19, 1912 (Ga. L. 1912, p. 951), as amended, particularly by a home rule amendment filed with the Office of the Secretary of State January 24, 2011, so as to provide that councilmembers shall reside in their respective districts for a period of at least 12 months immediately prior to election and shall continue to reside in such district during his or her period of service; to provide for the filling of vacancies; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

An Act to incorporate the City of Hahira, approved August 19, 1912 (Ga. L. 1912, p. 951), as amended, particularly by a home rule amendment filed with the Office of the Secretary of State January 24, 2011, is amended by revising Section 2.12 as follows:

"Sec. 2.12. City Council Terms and Qualifications of Office.

The members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the city for at least 12 months prior to the date of election of mayor or members of the council and be a registered and qualified voter of the city at the time of qualifying; each shall continue to reside therein during that member's period of service and to be registered and qualified to vote in municipal elections of this city. In addition to these requirements, no person shall be eligible to serve as a councilmember representing a council district unless that person has been a resident of the district such person seeks to represent for a continuous period of at least 12 months immediately prior to the date of the election for councilmember and continues to reside in such district during that person's period of service. If the mayor or a member of council changes his or her residence to a district other than the district that he or she represents or to a location outside the city, that council seat shall immediately be declared vacant by the city council and the vacancy shall be filled as provided in this charter."

SECTION 2.

Said Act is further amended by revising subsection (b) of Section 2.14 and adding a new subsection to read as follows:

"(b) Filling of vacancies - A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by appointment by the city council or those members remaining if less than 12 months remains in the unexpired term. If such vacancy occurs 12 months or more prior to the expiration of the term of that office, it shall be filled for the remainder of the unexpired term by a special election, in accordance with Titles 21 and 45 of the O.C.G.A. or other such laws as are or may hereafter be enacted.

(c) This provision shall also apply to a temporary vacancy created by the suspension from office of the mayor or any councilmember."

SECTION 3.

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