Bill Text: GA HR33 | 2011-2012 | Regular Session | Introduced
Bill Title: County re-creation; provisions - CA
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced - Dead) 2011-01-26 - House Second Readers [HR33 Detail]
Download: Georgia-2011-HR33-Introduced.html
11 LC 14
0389
House
Resolution 33
By:
Representatives Riley of the
50th,
Wilkinson of the
52nd,
Jones of the
46th,
Martin of the
47th,
Geisinger of the
48th,
and others
A
RESOLUTION
Proposing
an amendment to the Constitution of the State of Georgia so as to provide that
the re-creation of a previously existing county which was merged into another
county may be accomplished by law, subject to the approval of the voters therein
and subject to certain conditions; to provide for the status and effect of the
implementing law; to provide for submission of this amendment for ratification
or rejection; and for other purposes.
BE
IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
IX, Section I of the Constitution is amended by revising Paragraph II as
follows:
"Paragraph
II.
Number
of counties limited; county boundaries and county sites; county
consolidation. (a) There shall not be
more than 159 counties in this state.
(b)
The metes and bounds of the several counties and the county sites shall remain
as prescribed by law on June 30, 1983, unless changed under the operation of a
general law.
(c)
The General Assembly may provide by law for the consolidation of two or more
counties into one or the division of a county and the merger of portions thereof
into other counties under such terms and conditions as it may prescribe; but no
such consolidation, division, or merger shall become effective unless approved
by a majority of the qualified voters voting thereon in each of the counties
proposed to be consolidated, divided, or merged.
(d)(1)
Subparagraphs (a), (b), and (c) of this Paragraph shall not apply with respect
to the re-creation of a county which was previously merged with and made a part
of another county; and such a re-creation of a previously existing county may be
accomplished by law notwithstanding the provisions of subparagraphs (a), (b),
and (c) of this Paragraph or any other provision of this Constitution. The
boundaries of the re-created county may be the same as those in effect
immediately prior to the previous merger or may be generally similar but not
identical as determined in the discretion of the General Assembly in the Act
re-creating the county. The law re-creating the county shall contain a definite
description of boundaries of the county; may provide transitional provisions for
the transfer over time of powers, functions, facilities, and assets and
obligations to the county; shall have the force and effect of general law
notwithstanding its territorial application; and shall not be preempted by any
other general law. The law re-creating the county and any amendments
thereto:
(A)
Shall not be subject to the multiple subject matter prohibition of Article III,
Section V, Paragraph III to the extent that such law and amendments may make
provisions for the re-created county and for associated governmental entities
and may also make provisions for any other county whose territorial limits are
affected and for governmental entities associated with such other county or
counties;
(B)
Shall not be subject to the population Act prohibition of Article III, Section
VI, Paragraph IV(b) to the extent that such law and amendments may provide for
the application or nonapplication of previously existing population Acts
to:
(i)
The re-created county and associated governmental entities;
(ii)
Any other county or counties whose territorial limits are affected and
governmental entities associated with such other county or counties;
or
(iii)
Neither or both of the foregoing; and
(C)
Shall not be subject to the provisions of Article XI, Section I, Paragraph IV to
the extent that such law and amendments may provide for the application or
nonapplication of previously existing local constitutional amendments
to:
(i)
The re-created county and associated governmental entities;
(ii)
Any other county or counties whose territorial limits are affected and
governmental entities associated with such other county or counties;
or
(iii)
Neither or both of the foregoing.
(2)
The re-creation shall not become effective unless approved by a majority of the
qualified voters voting thereon in the area of the county to be re-created, as
defined in the Act re-creating the county.
(3)
The superior court of a county re-created under this subparagraph (d) shall be
included in the same judicial circuit as the county which previously included
the greatest part of the territory of the re-created county, unless otherwise
provided by law.
(4)
The territory within the re-created county shall constitute a new county school
district and shall be removed from any other local school district in the manner
to be provided by law."
SECTION
2.
The
above proposed amendment to the Constitution shall be published and submitted as
provided in Article X, Section I, Paragraph II of the Constitution. The ballot
submitting the above proposed amendment shall have written or printed thereon
the following:
|
"( ) YES
( ) NO
|
Shall
the Constitution of Georgia be amended to allow the re-creation of a
historically existing county which was merged into another county if the voters
therein approve it by referendum?"
|
All
persons desiring to vote in favor of ratifying the proposed amendment shall vote
"Yes." All persons desiring to vote against ratifying the proposed amendment
shall vote "No." If such amendment shall be ratified as provided in said
Paragraph of the Constitution, it shall become a part of the Constitution of
this state.
