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2018 Georgia Code 46-2-1 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 46-2-1 Case Law from Google Scholar Amendments to OCGA 46-2-1

TITLE 46 PUBLIC UTILITIES AND PUBLIC TRANSPORTATION

Section 2. Public Service Commission, 46-2-1 through 46-2-95.

ARTICLE 1 ORGANIZATION AND MEMBERS

46-2-1. Election of Commissioners; terms of office.

  1. 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, 2012, 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 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.
  2. In order to be elected as a member of the commission from a Public Service Commission District, a person shall have resided in that district 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 shall continue to reside in that district 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, this 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 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 Lee County Liberty County Long County Lowndes County Macon County Marion County McIntosh County Miller County Mitchell County Montgomery County Muscogee 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 Turner County Ware County Wayne County Webster County Wheeler County Wilcox County Worth County District 002 Baldwin County Barrow County Bibb County Bleckley County Burke County Clarke County Emanuel County Glascock County Greene County Gwinnett County Hancock County Houston County Jackson County Jasper County Jefferson County Jenkins County Johnson County Jones County Laurens County Morgan County Newton County Oconee County Putnam County Screven County Treutlen County Twiggs County Walton County Washington County Wilkinson County District 003 Clayton County DeKalb County Fulton County Rockdale County District 004 Banks County Bartow County Catoosa County Chattooga County Cherokee County Columbia County Dade County Dawson County Elbert County Fannin County Floyd County Forsyth County Franklin County Gilmer County Gordon County Habersham County Hall County Hart County Lincoln County Lumpkin County Madison County McDuffie County Murray County Oglethorpe County Pickens County Rabun County Richmond County Stephens County Taliaferro County Towns County Union County Walker County Warren County White County Whitfield County Wilkes County District 005 Butts County Carroll County Cobb County Coweta County Crawford County Douglas County Fayette County Haralson County Harris County Heard County Henry County Lamar County Meriwether County Monroe County Paulding County Peach County Pike County Polk County Spalding County Talbot County Taylor County Troup County Upson County

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, 2012, from 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, 2014, 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, 2016, 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.

(Ga. L. 1878-79, p. 125, § 1; Code 1882, § 719a; Civil Code 1895, § 2185; Ga. L. 1906, p. 100, §§ 1-3; Ga. L. 1907, p. 72, § 1; Civil Code 1910, §§ 2615, 2616; Ga. L. 1922, p. 143, § 1; Code 1933, § 93-201; Ga. L. 1998, p. 1530, §§ 1, 2; Ga. L. 2002, p. 359, §§ 1, 2; Ga. L. 2012, p. 642, § 1/SB 382.)

The 2002 amendment, effective April 11, 2002, rewrote the descriptions of Public Service Commission Districts 1 through 5 following the colon at the end of the introductory language in subsection (c) and added subsection (e).

The 2012 amendment, effective May 1, 2012, in subsection (a), substituted "January 1, 2012" for "January 1, 2000"; in subsection (b), twice substituted "shall" for "must" in the first and second sentences and added a comma following "office" in the second sentence; in the introductory paragraph of subsection (c), substituted "this state " for "the state" and rewrote the descriptions of the Public Service Commission Districts 1 through 5; in subsection (d), substituted "November, 2012" for "November, 2000" in the first sentence, substituted "November, 2014" for "November, 2002" in the second sentence, and substituted "November, 2016" for "November, 2004" in the third sentence; and deleted former subsection (e), relating to definitions and conditions.

JUDICIAL DECISIONS

Beginning of term of commissioner fixed by statute. Bennett v. Public Serv. Comm'n, 160 Ga. 189, 127 S.E. 612 (1925).

New office not created.

- Georgia Laws 1906, p. 100 creates no new office, but simply provides a new way of filling an office already existing. With respect to their functions, duties, powers, etc., including the liability to removal from office and the method of effecting the same, the officers elected would be subject to the provisions of law existing at the time the method of selection to office was changed. Gray v. McLendon, 134 Ga. 224, 67 S.E. 859 (1910).

Office of Public Service Commissioner is statutory office, and the power of the legislature is absolute with respect to all offices that it creates, where no constitutional restriction is placed upon its power. Felton v. Huiet, 178 Ga. 311, 173 S.E. 660 (1933).

Residency requirement upheld.

- Requiring appellee candidate to reside in the district for 12 months prior to the general election did not deny the candidate equal protection under the United States Constitution or the Georgia Constitution as the residency requirement for election to the Georgia Public Service Commission was rationally related to the state's legitimate interests in fostering informed voters and promoting knowledgeable and responsive candidates with ties to the community, and did not place an unreasonable burden on the right of voters to choose a candidate or the right of the candidate to run for public office. Cox v. Barber, 275 Ga. 415, 568 S.E.2d 478 (2002), cert. denied, 537 U.S. 1109, 123 S. Ct. 851, 154 L. Ed. 2d 780 (2003).

Residency requirement met.

- In a case involving the residency requirements of O.C.G.A. §§ 21-2-217(a) and46-2-1(b), the trial court properly granted a Commissioner's motion for summary judgment because the evidence established the Commissioner's residence in District Two at least 12 months prior to the Commissioner's election to the Public Service Commission; pursuant to O.C.G.A. § 19-2-3, the domicile of the Commissioner's spouse in another district was not presumed to be the Commissioner's domicile. Dozier v. Baker, 283 Ga. 543, 661 S.E.2d 543 (2008).

Although a candidate for membership in the commission from a Georgia Public Service Commission district owned property outside the district on which the candidate held a homestead exemption until a month before the Georgia Secretary of State filed a challenge under O.C.G.A. § 21-2-5, the candidate was a resident of the district for purposes of O.C.G.A. § 46-2-1(b). The candidate spent most of the candidate's time in the district, was registered to vote there, paid taxes there, and registered automobiles there. Handel v. Powell, 284 Ga. 550, 670 S.E.2d 62 (2008).

Candidate improperly deemed ineligible.

- In ruling a candidate was not qualified to be elected as a member of the commission from a Georgia Public Service Commission district because the candidate did not meet O.C.G.A. § 46-2-1(b)'s residency requirements, the Georgia Secretary of State erred in considering only the homestead exemption rule, O.C.G.A. § 21-2-217(a)(14), and ignoring the other applicable portions of § 21-2-217(a) to determine the candidate's residency. Handel v. Powell, 284 Ga. 550, 670 S.E.2d 62 (2008).

Nature of actions against Commission.

- Mere fact that Public Service Commission is constitutional body does not make action against it one against the state. Georgia Pub. Serv. Comm'n v. Atlanta Gas Light Co., 205 Ga. 863, 55 S.E.2d 618 (1949).

Cited in Southern Ice & Coal Co. v. Atlantic Ice & Coal Corp., 143 Ga. 810, 85 S.E. 1021 (1915); Gas Light Co. v. Georgia Power Co., 313 F. Supp. 860 (M.D. Ga. 1970).

OPINIONS OF THE ATTORNEY GENERAL

Commissioners elected in same manner as Governor.

- Under the terms of former Code 1933, § 93-201 (see O.C.G.A § 46-2-1) and Ga. Const. 1976, Art. IV, Sec. I, Para. I (Ga. Const. 1983, Art. IV, Sec. I, Para. I; Art. IV, Sec. VII, Para. I, II), members of the Public Service Commission should be elected in the same manner as the Governor, as provided in former Ga. Const. 1976, Art. V, Sec. I, Para. III. 1948-49 Op. Att'y Gen. p. 161.

Georgia Public Service commissioner may not serve simultaneously as member of governing authority of a county. 1978 Op. Att'y Gen. No. 78-32.

RESEARCH REFERENCES

20C Am. Jur. Pleading and Practice Forms, Public Utilities, § 6.

Cases Citing O.C.G.A. § 46-2-1

Total Results: 3  |  Sort by: Relevance  |  Newest First

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Handel v. Powell, 670 S.E.2d 62 (Ga. 2008).

Cited 34 times | Published | Supreme Court of Georgia | Oct 30, 2008 | 284 Ga. 550, 2008 Fulton County D. Rep. 3441

...The Secretary asserted that candidate Powell did not reside in the district he seeks to represent, leaving for resolution whether the candidate will have resided in the district for twelve months prior to election to that office, as is statutorily required by OCGA § 46-2-1(b)....
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Cox v. Barber, 568 S.E.2d 478 (Ga. 2002).

Cited 15 times | Published | Supreme Court of Georgia | Aug 14, 2002 | 275 Ga. 415

...Mac Barber's name on the primary ballot for the district four seat on the Georgia Public Service Commission. We granted the Secretary of State's application for discretionary appeal to consider whether the trial court correctly held that the one-year residency requirement in OCGA § 46-2-1(b) is unconstitutional as applied to Barber....
...properly concluded that he was disqualified from being a candidate for that PSC seat. Therefore, we reverse the trial court. The Georgia Public Service Commission is a five-member body created under the Constitution of the State of Georgia. [1] OCGA § 46-2-1(a) provides that commissioners are elected statewide for six-year terms. In 1998, the Georgia General Assembly amended OCGA § 46-2-1 to establish that new members elected to the commission must reside within specific districts....
...His opponent challenged his eligibility on the grounds that Barber did not reside in district four and had not resided within the district for the required twelve months. After a hearing, an administrative law judge concluded that Barber did not meet the one-year residency requirement in OCGA § 46-2-1(b)....
...The Secretary of State adopted the ALJ's *480 initial decision as the final agency decision and disqualified Barber as a candidate for the PSC seat in district four. Barber filed a petition for judicial review in superior court. The trial court concluded that OCGA 46-2-1(b) was unconstitutional as applied to Barber because it disqualified him from seeking the PSC seat on the grounds that he would not reside within the district for one year prior to the general election in November 2002....
...In construing statutes, courts shall look diligently for the intention of the General Assembly. [5] The words of a statute should be given a reasonable and sensible interpretation to carry out the legislative intent and render the statute valid. [6] Applying these rules, we interpret the residency provision in OCGA § 46-2-1 as requiring a candidate for the PSC to be a resident of the territory within the district for 12 months prior to the general election....
...Because Barber was not a resident of the geographic territory in district four during the twelve months prior to the November 2002 general election, he is not eligible to run for the PSC seat in that district in this year's election. 2. In invalidating the residency requirement, the trial court concluded that OCGA § 46-2-1 violated equal protection by disqualifying Barber because he "will not have resided within District 4 as it has been reconfigured since reapportionment (April 11, 2002) for one year prior to the November 5, 2002, General Election." Barber contends that the trial court was correct because district four did not exist for the minimum twelve months specified by the residency requirements of OCGA § 46-2-1(b)....
...r to the general election in November has not denied him equal protection under the United States Constitution or the Georgia Constitution. Judgment reversed. All the Justices concur. NOTES [1] Ga. Const. of 1983, art. IV, § I, para. I(a). [2] OCGA § 46-2-1(b) (Supp.2001). [3] See OCGA § 46-2-1(d) (Supp.2001)....
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Dozier v. Baker, 661 S.E.2d 543 (Ga. 2008).

Cited 13 times | Published | Supreme Court of Georgia | May 19, 2008 | 283 Ga. 543, 2008 Fulton County D. Rep. 1696

...Holland & Knight LLP, Robert Sparks Highsmith Jr., Heather Anne Calhoun, Atlanta, for appellee. *544 CARLEY, Justice. Robert B. Baker has been a member of the Public Service Commission (PSC) since his initial election in 1992. The General Assembly subsequently "amended OCGA § 46-2-1 to establish that new members elected to the commission must reside within specific districts." Cox v....
...s prior to election thereto. A person elected as a member of the commission from a [PSC] District by the voters of Georgia must continue to reside in that district during the person's term of office or that office shall thereupon become vacant. OCGA § 46-2-1(b). "The legislature made this residency requirement effective for elections for . . . district two in [November] 2004. [Cit.]" Cox v. Barber, supra at 416, 568 S.E.2d 478. See also OCGA § 46-2-1(d)....
...least 12 months prior to his election to the PSC as the District Two Representative. . . ." Appellants appeal from that order. 1. Appellants contend that the trial court erred by applying the wrong legal standard to the term "reside" as used in OCGA § 46-2-1(b)....
...See also OCGA § 21-2-217(a)(7). Likewise, a genuine issue of material fact is not created by evidence that Commissioner Baker spends a majority of time at the DeKalb County house in order to facilitate the performance of his official duties, to which he is required by OCGA § 46-2-1(a) to devote his entire time....