Bill Text: GA HB568 | 2009-2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Public Service Commission; members shall represent entire state; provisions

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2010-01-11 - Senate Recommitted [HB568 Detail]

Download: Georgia-2009-HB568-Introduced.html

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09 LC 36 1277

House Bill 568

By: Representative Parsons of the 42nd

A BILL TO BE ENTITLED
AN ACT

To amend Article 1 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to organization and members of the Public Service Commission, so as to provide that members of the Public Service Commission shall represent the entire state and be elected state wide; to change the term and manner of the election of the chairperson of the commission; to provide for the election of other officers; to provide for the establishment of rules by the commission as to quorum, attendance, and other matters; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 1 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to organization and members of the Public Service Commission, is amended by revising Code Section 46-2-1, relating to election of Commissioners and terms of office, as follows:

"46-2-1.

(a) The Georgia Public Service Commission shall consist of five members to be elected as provided in this Code section. The members in office on January 1, 2000 2010, and any member appointed or elected to fill a vacancy in such membership prior to the expiration of a term of office shall continue to serve out their respective terms of office. As terms of office expire, new members elected to the commission shall be required to be residents of one of five Public Service Commission Districts as hereafter provided, but each this state and may reside anywhere within this state. Each member of the commission shall be elected state wide by the qualified voters of this state who are entitled to vote for members of the General Assembly. Except as otherwise provided in this Code section, the election shall be held under the same rules and regulations as apply to the election of Governor. The Commissioners, who shall give their entire time to the duties of their offices, shall be elected at the general election next preceding the expiration of the terms of office of the respective incumbents. Their terms of office shall be six years and shall expire on December 31.

(b) In order to be elected as a member of the commission from a Public Service Commission District, a person must have resided in that district this state for at least 12 months prior to election thereto. A person elected as a member of the commission from a Public Service Commission District by the voters of Georgia must continue to reside in that district this state during the person's term of office or that office shall thereupon become vacant.

(c) For the purpose of electing the members of the Public Service Commission, the state shall be divided into five Public Service Commission Districts described as follows:

District 001

Appling County

Atkinson County

Bacon County

Baker County

Ben Hill County

Berrien County

Bleckley County

Brantley County

Brooks County

Bryan County

Bulloch County

Calhoun County

Camden County

Candler County

Charlton County

Chatham County

Chattahoochee County

Clay County

Clinch County

Coffee County

Colquitt County

Cook County

Crisp County

Decatur County

Dodge County

Dooly County

Dougherty County

Early County

Echols County

Effingham County

Evans County

Glynn County

Grady County

Irwin County

Jeff Davis County

Lanier County

Laurens County

Lee County

Liberty County

Long County

Lowndes County

Macon County

Marion County

McIntosh County

Miller County

Mitchell County

Montgomery County

Pierce County

Pulaski County

Quitman County

Randolph County

Schley County

Seminole County

Stewart County

Sumter County

Tattnall County

Telfair County

Terrell County

Thomas County

Tift County

Toombs County

Treutlen County

Turner County

Ware County

Wayne County

Webster County

Wheeler County

Wilcox County

Worth County

District 002

Baldwin County

Barrow County

Bibb County

Burke County

Butts County

Clarke County

Columbia County

Crawford County

Elbert County

Emanuel County

Glascock County

Greene County

Gwinnett County

Tract: 504.15

Tract: 504.16

Tract: 504.29

Tract: 504.30

Tract: 505.09

BG: 1

BG: 2

2000 2001 2002 2003 2004 2005 2006

BG: 3

BG: 4

Tract: 505.14

BG: 1

1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011

1012 1013 1014 1015 1017 1018 1019 1020 1021 1039 1040

BG: 2

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2011 2012

2013 2014 2015 2042 2043 2057 2058 2999

Tract: 505.16

BG: 1

BG: 2

2000 2001 2002 2008 2009 2010 2011 2012 2013 2022 2023 2024

2025 2026 2027 2028 2029 2030

BG: 5

Tract: 505.20

BG: 1

1000

BG: 2

2033 2034 2035

Tract: 505.21

BG: 3

3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011

3012 3013 3014 3015 3016 3017 3018 3019 3020 3022 3023 3024

BG: 4

4006 4007 4008

Tract: 505.22

Tract: 506.02

Tract: 506.03

BG: 2

2010 2011 2038 2039 2040 2041 2042 2043 2044

Tract: 506.04

BG: 1

BG: 2

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011

2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023

2024 2025 2051 2052 2053 2060 2061 2062 2063 2064 2065 2066

2067 2068 2069 2070 2071 2072

BG: 3

Tract: 507.04

Tract: 507.05

Tract: 507.09

Tract: 507.13

Tract: 507.14

Tract: 507.15

Tract: 507.16

Tract: 507.17

Tract: 507.18

Tract: 507.19

Tract: 507.20

Tract: 507.21

Hancock County

Houston County

Jackson County

Jasper County

Jefferson County

Jenkins County

Johnson County

Jones County

Lincoln County

Madison County

McDuffie County

Monroe County

Morgan County

Newton County

Oconee County

Oglethorpe County

Peach County

Putnam County

Richmond County

Rockdale County

Screven County

Taliaferro County

Taylor County

Twiggs County

Walton County

Warren County

Washington County

Wilkes County

Wilkinson County

District 003

Clayton County

DeKalb County

Fulton County

District 004

Banks County

Bartow County

Catoosa County

Chattooga County

Cherokee County

Dade County

Dawson County

Fannin County

Floyd County

Forsyth County

Franklin County

Gilmer County

Gordon County

Gwinnett County

Tract: 501.03

Tract: 501.04

Tract: 501.05

Tract: 501.06

Tract: 502.02

Tract: 502.04

Tract: 502.05

Tract: 502.06

Tract: 502.07

Tract: 503.04

Tract: 503.06

Tract: 503.07

Tract: 503.08

Tract: 503.09

Tract: 503.10

Tract: 503.11

Tract: 503.12

Tract: 503.13

Tract: 503.14

Tract: 503.15

Tract: 503.16

Tract: 504.03

Tract: 504.10

Tract: 504.11

Tract: 504.17

Tract: 504.18

Tract: 504.19

Tract: 504.20

Tract: 504.21

Tract: 504.22

Tract: 504.23

Tract: 504.24

Tract: 504.25

Tract: 504.26

Tract: 504.27

Tract: 504.28

Tract: 505.07

Tract: 505.09

BG: 2

2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018

2019 2020 2021 2022 2023 2024 2025 2026

Tract: 505.10

Tract: 505.11

Tract: 505.12

Tract: 505.13

Tract: 505.14

BG: 1

1016 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032

1033 1034 1035 1036 1037 1038

BG: 2

2010 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026

2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038

2039 2040 2041 2044 2045 2046 2047 2048 2049 2050 2051 2052

2053 2054 2055 2056 2059 2060 2061

Tract: 505.15

Tract: 505.16

BG: 2

2003 2004 2005 2006 2007 2014 2015 2016 2017 2018 2019 2020

2021 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041

2042 2043 2044 2045 2046 2047

Tract: 505.17

Tract: 505.18

Tract: 505.19

Tract: 505.20

BG: 1

1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012

1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024

1025 1026 1027 1028

BG: 2

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011

2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023

2024 2025 2026 2027 2028 2029 2030 2031 2032 2036 2037 2038

2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050

Tract: 505.21

BG: 3

3021

BG: 4

4000 4001 4002 4003 4004 4005 4009 4010

BG: 5

Tract: 506.03

BG: 1

BG: 2

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2012 2013

2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025

2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037

Tract: 506.04

BG: 2

2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037

2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049

2050 2054 2055 2056 2057 2058 2059

Tract: 507.12

Habersham County

Hall County

Hart County

Lumpkin County

Murray County

Pickens County

Rabun County

Stephens County

Towns County

Union County

Walker County

White County

Whitfield County

District 005

Carroll County

Cobb County

Coweta County

Douglas County

Fayette County

Haralson County

Harris County

Heard County

Henry County

Lamar County

Meriwether County

Muscogee County

Paulding County

Pike County

Polk County

Spalding County

Talbot County

Troup County

Upson County

(d)(c) The first members of the commission elected under this Code section shall be elected thereto on the Tuesday next following the first Monday in November, 2000, from 2012, to succeed the members from former Public Service Commission Districts 3 and 5, shall take office on the first day of January immediately following that election, and shall serve for terms of office of six years and until the election and qualification of their respective successors. Those members of the commission elected thereto on the Tuesday next following the first Monday in November, 2002, from 2014, to succeed the members from Public Service Commission Districts 1 and 4 shall take office on the first day of January immediately following that election and shall serve for terms of office of six years and until the election and qualification of their respective successors. The member of the commission elected thereto on the Tuesday next following the first Monday in November, 2004, from 2010, to succeed the member from Public Service Commission District 2 shall take office on the first day of January immediately following that election and shall serve for a term of office of six years and until the election and qualification of his or her respective successor. All future successors to members of the commission whose terms of office are to expire shall be elected at the state-wide general election immediately preceding the expiration of such terms, shall take office on the first day of January immediately following that election, and shall serve for terms of office of six years.

(e) For purposes of this Code section:

(1) The terms 'Tract' and 'BG' (Block Group) shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. The separate numeric designations in a Tract description which are underneath a 'BG' heading shall mean and describe individual Blocks within a Block Group as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia.

(2) Except as otherwise provided in the description of any Public Service Commission District, whenever the description of any Public Service Commission District refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2000 for the State of Georgia.

(3) Any part of the State of Georgia which is not included in any Public Service Commission District described in subsection (c) of this Code section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia.

(4) Any part of the State of Georgia which is described in subsection (c) of this Code section as being included in a particular Public Service Commission District shall nevertheless not be included within such Public Service Commission District if such part is not contiguous to such Public Service Commission District. Such noncontiguous part shall instead be included within that Public Service Commission District contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia."

SECTION 2.

Said article is further amended by revising Code Section 46-2-5, relating to chairman of the commission and selection, as follows:

"46-2-5.

(a) There shall be a chairman chairperson of the commission. The chairperson shall be selected by a simple majority of the members of the commission. The initial chairperson selected under this Code section shall take office within 15 days after January 1, 2010, and shall serve for a term of office as chairperson until January 1, 2013, or until his or her term as a member of the commission shall expire, whichever is shorter. Each subsequent chairperson shall serve for a three-year term of office as chairperson or until his or her term as a member of the commission shall expire, whichever is shorter. Any two members of the commission may call for an election of a chairperson at any time prior to the end of the three-year term of a chairperson; provided, however, such elections shall not be held more than once per calendar year, except in the case of a vacancy by the chairperson; and provided, further, any chairperson so elected shall serve for a three-year term of office as chairperson or until his or her term as a member of the commission shall expire, whichever is shorter. The chairman shall be selected on an annual basis. The initial chairman selected under this Code section shall take office within 15 days after April 20, 1992, and shall serve for a term of office as chairman expiring January 1, 1993. Thereafter a new chairman shall take office within 15 days after the first day of January in 1993 and each subsequent year; and each such chairman shall serve for a one-year term of office as chairman.

(b) The chairman shall be selected by the members of the commission according to the following rules; and for purposes of these rules, seniority on the commission shall be determined according to the longest period of continuous unbroken service:

(1) A member of the commission with less than one year of continuous unbroken service on the commission shall not be eligible to take office as chairman;

(2) A member of the commission who has previously served as chairman shall not be eligible to serve again as chairman until each other eligible member (i.e., each other member with more than one year of continuous service on the commission) has served as chairman or has deferred service as chairman;

(3) Subject to paragraphs (1) and (2) of this subsection, the most senior member of the commission who is eligible to serve as chairman shall be selected to the office of chairman; provided, however, that such member may elect to defer service as chairman for a period of one year, at the conclusion of which year such member shall resume his place at the head of the order of rotation for the chairmanship; and

(4) If in any year the foregoing rules fail to provide for a chairman because two or more members have equal seniority, then the member to serve as chairman shall be selected by lot.

(c) Anything in subsection (b) of this Code section to the contrary notwithstanding, the members of the commission may by unanimous vote of the members select any member as chairman for any given year for a term of office as chairman as specified in subsection (a) of this Code section.

(d)(b) The chairman chairperson shall give his or her entire time to the duties of his the office.

(c) The members of the commission may elect such other officers as they deem advisable and shall establish such quorum, attendance, and other rules as they deem necessary for the most efficient operation of the commission. The commission may meet at such times and places within this state as the commission deems necessary."

SECTION 3.

This Act shall become effective on January 1, 2010.

SECTION 4.

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