A Message From Jan

House Resolution and Senate Resolution to Re-Create Milton County

House Resolutions 29, 30, 31, 32, 33, 34 and 35 were introduced in the House today and signed by Rep. Harry Geisinger, Rep. Jan Jones, Rep. Chuck Martin, Rep. Tom Rice, Rep. Lynne Riley, Rep. Joe Wilkinson and Rep. Wendell Willard.  Senate Resolutions 16, 17 and 18 were introduced by Sen. John Albers, Sen. Judson Hill and Sen. David Shafer.

1 Proposing an amendment to the Constitution of the State of Georgia so as to provide that the
2 re-creation of a previously existing county which was merged into another county may be
3 accomplished by law, subject to the approval of the voters therein and subject to certain
4 conditions; to provide for the status and effect of the implementing law; to provide for
5 submission of this amendment for ratification or rejection; and for other purposes.

6 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

7 SECTION 1.

8 Article IX, Section I of the Constitution is amended by revising Paragraph II as follows:
9 "Paragraph II. Number of counties limited; county boundaries and county sites; county
10 consolidation. (a) There shall not be more than 159 counties in this state.
11 (b) The metes and bounds of the several counties and the county sites shall remain as
12 prescribed by law on June 30, 1983, unless changed under the operation of a general law.
13 (c) The General Assembly may provide by law for the consolidation of two or more
14 counties into one or the division of a county and the merger of portions thereof into other
15 counties under such terms and conditions as it may prescribe; but no such consolidation,
16 division, or merger shall become effective unless approved by a majority of the qualified
17 voters voting thereon in each of the counties proposed to be consolidated, divided, or
18 merged.

19 (d)(1) Subparagraphs (a), (b), and (c) of this Paragraph shall not apply with respect to
20 the re-creation of a county which was previously merged with and made a part of another
21 county; and such a re-creation of a previously existing county may be accomplished by
22 law notwithstanding the provisions of subparagraphs (a), (b), and (c) of this Paragraph
23 or any other provision of this Constitution. The boundaries of the re-created county may
24 be the same as those in effect immediately prior to the previous merger or may be
25 generally similar but not identical as determined in the discretion of the General
26 Assembly in the Act re-creating the county. The law re-creating the county shall contain
27 a definite description of boundaries of the county; may provide transitional provisions for

28 the transfer over time of powers, functions, facilities, and assets and obligations to the
29 county; shall have the force and effect of general law notwithstanding its territorial
30 application; and shall not be preempted by any other general law. The law re-creating the
31 county and any amendments thereto:

32 (A) Shall not be subject to the multiple subject matter prohibition of Article III,
33 Section V, Paragraph III to the extent that such law and amendments may make
34 provisions for the re-created county and for associated governmental entities and may
35 also make provisions for any other county whose territorial limits are affected and for
36 governmental entities associated with such other county or counties;

37 (B) Shall not be subject to the population Act prohibition of Article III, Section VI,
38 Paragraph IV(b) to the extent that such law and amendments may provide for the
39 application or nonapplication of previously existing population Acts to:
40 (i) The re-created county and associated governmental entities;
41 (ii) Any other county or counties whose territorial limits are affected and
42 governmental entities associated with such other county or counties; or
43 (iii) Neither or both of the foregoing; and

44 (C) Shall not be subject to the provisions of Article XI, Section I, Paragraph IV to the
45 extent that such law and amendments may provide for the application or nonapplication
46 of previously existing local constitutional amendments to:
47 (i) The re-created county and associated governmental entities;
48 (ii) Any other county or counties whose territorial limits are affected and
49 governmental entities associated with such other county or counties; or
50 (iii) Neither or both of the foregoing.

51 (2) The re-creation shall not become effective unless approved by a majority of the
52 qualified voters voting thereon in the area of the county to be re-created, as defined in the
53 Act re-creating the county.

54 (3) The superior court of a county re-created under this subparagraph (d) shall be
55 included in the same judicial circuit as the county which previously included the greatest
56 part of the territory of the re-created county, unless otherwise provided by law.
57 (4) The territory within the re-created county shall constitute a new county school
58 district and shall be removed from any other local school district in the manner to be
59 provided by law."

SECTION 2.
61 The above proposed amendment to the Constitution shall be published and submitted as
62 provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the
63 above proposed amendment shall have written or printed thereon the following:
64 "( ) YES
65
66 ( ) 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?"

67 All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes."

68 All persons desiring to vote against ratifying the proposed amendment shall vote "No." If

69 such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall
70 become a part of the Constitution of this state.

Posted by Beth Green in Uncategorized on 1/25/2011