HB1367: HB1367 Fulton County; appointment of a certain number of board members in the case of vacancies on the board; provide

26 LC 62 0344/AP House Bill 1367 (AS PASSED HOUSE AND SENATE) By: Representatives Roberts of the 52nd, Bazemore of the 69th, Silcox of the 53rd, Cannon of the 58th, Au of the 50th, and others A BILL TO BE ENTITLED AN ACT To amend an Act creating one or more community improvement districts in unincorporated1 Fulton County, approved April 3, 1987 (Ga. L. 1987, p. 5460), as amended, particularly by2 an Act approved April 2, 1998 (Ga. L. 1998, p. 4065), so as to provide for the appointment3 of a certain number of board members in the case of vacancies on the board; to provide for4 special elections for certain vacancies; to provide for notice; to provide for related matters;5 to repeal conflicting laws; and for other purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 An Act creating one or more community improvement districts in unincorporated Fulton9 County, approved April 3, 1987 (Ga. L. 1987, p. 5460), as amended, particularly by an Act10 approved April 2, 1998 (Ga. L. 1998, p. 4065), is amended by re vising subsection (b) of11 Section 5 as follows:12 "(b) The initial board members to be elected as provided herein shall be elected in a caucus13 of electors which shall be hel d within 60 days after the adopti on of the resolutions and14 obtaining the written consents herein provided at such time and place within the district as15 the Fulton County Board of Commissioners shall designate after notice thereof shall have16 H. B. 1367 - 1 - 26 LC 62 0344/AP been given to said electors by publishing the same in the legal organ of Fulton County as17 hereinafter provided and contacting each elector by U.S. mail at the address indicated in18 the property rolls. Thereafter, there shall be conducted biennially, not later than 60 days19 following the last day for filing ad valorem property returns in Fulton County, a caucus of20 said electors at such time and place within the district as the board shall designate in such21 notice for the purpose of electing board members to those posit ions which have terms22 expiring or are vacant. If a vacancy occurs in an elected posi tion on the board, the23 remaining members of the board shall, by majority vote within 60 days, appoint an elector24 to fill such vacancy. A board member appointed by the majority vote of the board to fill25 a vacancy shall only serve until the next regularly scheduled e lection, regardless of the26 actual duration of the unexpired term of the board member vacat ing the position. At no27 time shall the board include more than two members who were appointed by other board28 members. If a vacancy occurs while two board members appointed by the board are29 currently serving on the board, then a special election shall be called to fill the unexpired30 term as provided for in this subsection. If a vacancy occurs for which a special election is31 required, the board shall, within 60 days of the vacancy, call an election to be held within32 60 days of such call, unless the vacancy occurs within 180 days of the next regularly33 scheduled election, in which case a special election may, but need not, be called. For any34 special election held pursuant to this subsection, notice of th e special election shall be35 given to the electors by publishing notice of the special election in the legal organ of Fulton36 County on four dates, at least 45 days, 31 days, 17 days, and 10 days, respectively, prior37 to such election and by contacting each elector at least 31 days prior to the election by U.S.38 mail at the address indicated in the property rolls."39 SECTION 2.40 All laws and parts of laws in conflict with this Act are repealed.41 H. B. 1367 - 2 -