| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | To amend an Act providing for the consolidation of Richmond County and the City of |
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| 10 | 10 | | 1 |
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| 11 | 11 | | Augusta, approved March 27, 1995 (Ga. L. 1995, p. 3648), as amended, so as to provide that2 |
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| 12 | 12 | | the mayor shall be a full voting member of the commission; to provide for the effective dates3 |
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| 13 | 13 | | of ordinances and resolutions; to provide for a referendum, effective dates, and automatic4 |
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| 14 | 14 | | repeal; to provide for mandatory execution of election and judicial remedies regarding failure5 |
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| 15 | 15 | | to comply; to repeal conflicting laws; and for other purposes.6 |
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| 16 | 16 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 |
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| 17 | 17 | | SECTION 1.8 |
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| 18 | 18 | | An Act providing for the consolidation of Richmond County and the City of Augusta,9 |
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| 19 | 19 | | approved March 27, 1995 (Ga. L. 1995, p. 3648), as amended, is amended by revising10 |
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| 20 | 20 | | subsection (b) of Section 2 as follows:11 |
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| 21 | 21 | | "(b) All members of the commission shall be full voting members of the commission.12 |
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| 22 | 22 | | The mayor shall be a member of the commission and shall have the right to vote on any13 |
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| 23 | 23 | | matter."14 23 LC 47 2168 |
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| 24 | 24 | | S. B. 231 |
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| 25 | 25 | | - 2 - |
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| 26 | 26 | | SECTION 2. |
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| 27 | 27 | | 15 |
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| 28 | 28 | | Said Act is further amended by revising subsection (a) of Section 4 as follows:16 |
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| 29 | 29 | | "(a) The mayor shall be the chief executive officer of Augusta-Richmond County. The17 |
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| 30 | 30 | | mayor shall possess and exercise the following executive and administrative powers and18 |
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| 31 | 31 | | duties:19 |
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| 32 | 32 | | (1) To preside at all meetings of the commission;20 |
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| 33 | 33 | | (2) To vote on all matters before the commission;21 |
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| 34 | 34 | | (3) To serve as the official head of Augusta-Richmond County for the service of process22 |
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| 35 | 35 | | and for ceremonial purposes;23 |
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| 36 | 36 | | (4) To administer oaths and to take affidavits;24 |
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| 37 | 37 | | (5) To sign all written contracts entered into by the commission on behalf of25 |
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| 38 | 38 | | Augusta-Richmond County and all other contracts and instruments executed by the26 |
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| 39 | 39 | | consolidated government which by law are required to be in writing;27 |
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| 40 | 40 | | (6) To ensure that all laws, ordinances, and resolutions of Augusta-Richmond County28 |
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| 41 | 41 | | are faithfully executed; and29 |
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| 42 | 42 | | (7) To exercise such other powers and perform such other duties as may be required by30 |
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| 43 | 43 | | ordinance or resolution of the commission."31 |
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| 44 | 44 | | SECTION 3.32 |
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| 45 | 45 | | Said Act is further amended by revising Section 6 as follows:33 |
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| 46 | 46 | | "SECTION 6.34 |
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| 47 | 47 | | Seven members of the commission shall constitute a quorum for the transaction of ordinary35 |
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| 48 | 48 | | business, and an affirmative vote of at least six members shall be required for the36 |
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| 49 | 49 | | commission to take action. Official action of the commission shall be entered upon its37 23 LC 47 2168 |
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| 50 | 50 | | S. B. 231 |
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| 51 | 51 | | - 3 - |
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| 52 | 52 | | minutes. Any member of the commission shall have the right to request a roll-call vote. For |
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| 53 | 53 | | 38 |
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| 54 | 54 | | the purpose of this subsection, the mayor shall count as a member of the commission."39 |
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| 55 | 55 | | SECTION 4.40 |
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| 56 | 56 | | The election superintendent of Augusta-Richmond County shall call and conduct an election41 |
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| 57 | 57 | | as provided in this section for the purpose of submitting this Act to the electors of the42 |
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| 58 | 58 | | Augusta-Richmond County for approval or rejection. The election superintendent shall43 |
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| 59 | 59 | | conduct that election on the date of the general primary in 2024 and shall issue the call and44 |
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| 60 | 60 | | conduct such election as provided by general law. The election superintendent shall cause45 |
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| 61 | 61 | | the date and purpose of the election to be published once a week for two weeks immediately46 |
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| 62 | 62 | | preceding the date thereof in the official organ of Augusta-Richmond County. The ballot47 |
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| 63 | 63 | | shall have written or printed thereon the words:48 |
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| 64 | 64 | | "( ) YES49 |
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| 65 | 65 | | ( ) NO50 |
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| 66 | 66 | | 51 |
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| 67 | 67 | | Shall the Act be approved that provides that the mayor of |
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| 68 | 68 | | Augusta-Richmond County shall have the right to vote on all matters before |
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| 69 | 69 | | the Augusta-Richmond County Commission?" |
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| 70 | 70 | | All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring |
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| 71 | 71 | | 52 |
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| 72 | 72 | | to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on53 |
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| 73 | 73 | | such question are for approval of the Act, Sections 1 through 3 of this Act shall become of54 |
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| 74 | 74 | | full force and effect on July 1, 2024. If the Act is not so approved, or if the election is not55 |
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| 75 | 75 | | conducted as provided in this section, Sections 1 through 3 of this Act shall not become56 |
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| 76 | 76 | | effective, and this Act shall be automatically repealed on the first day of January immediately57 |
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| 77 | 77 | | following that election date. The expense of such election shall be borne by58 |
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| 78 | 78 | | Augusta-Richmond County. It shall be the election superintendent's duty to certify the result59 |
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| 79 | 79 | | thereof to the Secretary of State. The provisions of this section shall be mandatory upon the60 |
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| 80 | 80 | | election superintendent and are not intended as directory. If the election superintendent fails61 |
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| 81 | 81 | | or refuses to comply with this section, any elector of the Augusta-Richmond County may62 |
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| 82 | 82 | | apply for a writ of mandamus to compel the election superintendent to perform his or her63 23 LC 47 2168 |
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| 83 | 83 | | S. B. 231 |
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| 84 | 84 | | - 4 - |
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| 85 | 85 | | duties under this section. If the court finds that the election superintendent has not complied |
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| 86 | 86 | | 64 |
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| 87 | 87 | | with this section, the court shall fashion appropriate relief requiring the election65 |
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| 88 | 88 | | superintendent to call and conduct such election on the date required by this section or on the66 |
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| 89 | 89 | | next date authorized for special elections provided for in Code Section 21-2-540 of the67 |
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| 90 | 90 | | O.C.G.A.68 |
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| 91 | 91 | | SECTION 5.69 |
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| 92 | 92 | | Except as otherwise provided in Section 4 of this Act, this Act shall become effective upon70 |
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| 93 | 93 | | its approval by the Governor or upon its becoming law without such approval.71 |
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| 94 | 94 | | SECTION 6.72 |
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| 95 | 95 | | All laws and parts of laws in conflict with this Act are repealed.73 |
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