Georgia 2023 2023-2024 Regular Session

Georgia Senate Bill SB231 Engrossed / Bill

Filed 04/03/2023

                    23 LC 47 2168
S. B. 231
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Senate Bill 231
By: Senators Burns of the 23rd and Anderson of the 24th 
AS PASSED SENATE
A BILL TO BE ENTITLED
AN ACT
To amend an Act providing for the consolidation of Richmond County and the City of
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Augusta, approved March 27, 1995 (Ga. L. 1995, p. 3648), as amended, so as to provide that2
the mayor shall be a full voting member of the commission; to provide for the effective dates3
of ordinances and resolutions; to provide for a referendum, effective dates, and automatic4
repeal; to provide for mandatory execution of election and judicial remedies regarding failure5
to comply; to repeal conflicting laws; and for other purposes.6
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
SECTION 1.8
An Act providing for the consolidation of Richmond County and the City of Augusta,9
approved March 27, 1995 (Ga. L. 1995, p. 3648), as amended, is amended by revising10
subsection (b) of Section 2 as follows:11
"(b)  All members of the commission shall be full voting members of the commission.12
The mayor shall be a member of the commission and shall have the right to vote on any13
matter."14 23 LC 47 2168
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SECTION 2.
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Said Act is further amended by revising subsection (a) of Section 4 as follows:16
"(a)  The mayor shall be the chief executive officer of Augusta-Richmond County.  The17
mayor shall possess and exercise the following executive and administrative powers and18
duties:19
(1) To preside at all meetings of the commission;20
(2)  To vote on all matters before the commission;21
(3)  To serve as the official head of Augusta-Richmond County for the service of process22
and for ceremonial purposes;23
(4)  To administer oaths and to take affidavits;24
(5)  To sign all written contracts entered into by the commission on behalf of25
Augusta-Richmond County and all other contracts and instruments executed by the26
consolidated government which by law are required to be in writing;27
(6)  To ensure that all laws, ordinances, and resolutions of Augusta-Richmond County28
are faithfully executed; and29
(7)  To exercise such other powers and perform such other duties as may be required by30
ordinance or resolution of the commission."31
SECTION 3.32
Said Act is further amended by revising Section 6 as follows:33
"SECTION 6.34
Seven members of the commission shall constitute a quorum for the transaction of ordinary35
business, and an affirmative vote of at least six members shall be required for the36
commission to take action.  Official action of the commission shall be entered upon its37 23 LC 47 2168
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minutes.  Any member of the commission shall have the right to request a roll-call vote.  For
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the purpose of this subsection, the mayor shall count as a member of the commission."39
SECTION 4.40
The election superintendent of Augusta-Richmond County shall call and conduct an election41
as provided in this section for the purpose of submitting this Act to the electors of the42
Augusta-Richmond County for approval or rejection.  The election superintendent shall43
conduct that election on the date of the general primary in 2024 and shall issue the call and44
conduct such election as provided by general law.  The election superintendent shall cause45
the date and purpose of the election to be published once a week for two weeks immediately46
preceding the date thereof in the official organ of Augusta-Richmond County.  The ballot47
shall have written or printed thereon the words:48
"(  )  YES49
   (  )  NO50
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Shall the Act be approved that provides that the mayor of
Augusta-Richmond County shall have the right to vote on all matters before
the Augusta-Richmond County Commission?"
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring
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to vote for rejection of the Act shall vote "No."  If more than one-half of the votes cast on53
such question are for approval of the Act, Sections 1 through 3 of this Act shall become of54
full force and effect on July 1, 2024.  If the Act is not so approved, or if the election is not55
conducted as provided in this section, Sections 1 through 3 of this Act shall not become56
effective, and this Act shall be automatically repealed on the first day of January immediately57
following that election date.  The expense of such election shall be borne by58
Augusta-Richmond County.  It shall be the election superintendent's duty to certify the result59
thereof to the Secretary of State.  The provisions of this section shall be mandatory upon the60
election superintendent and are not intended as directory.  If the election superintendent fails61
or refuses to comply with this section, any elector of the Augusta-Richmond County may62
apply for a writ of mandamus to compel the election superintendent to perform his or her63 23 LC 47 2168
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duties under this section.  If the court finds that the election superintendent has not complied
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with this section, the court shall fashion appropriate relief requiring the election65
superintendent to call and conduct such election on the date required by this section or on the66
next date authorized for special elections provided for in Code Section 21-2-540 of the67
O.C.G.A.68
SECTION 5.69
Except as otherwise provided in Section 4 of this Act, this Act shall become effective upon70
its approval by the Governor or upon its becoming law without such approval.71
SECTION 6.72
All laws and parts of laws in conflict with this Act are repealed.73