HB 956 - Bartow County; board of education; districts

First Reader Summary

A BILL to amend an Act providing for the Board of Education of Bartow County, so as to continue in office certain members of such board and provide for the expiration of their terms; to provide for education districts; and for other purposes.

Lewis, Walter Jeffrey (14th) Cummings, Bill (27th) Childers, E. (Buddy) M (13th)
Status Summary HC: LLeg SC: SLGO LA: 04/04/97 Signed by Governor
Page Numbers - 1/ 2/ 3/ 4
House Action Senate
3/11/97 Read 1st Time 3/17/97
3/13/97 Read 2nd Time
3/14/97 Favorably Reported 3/24/97
3/14/97 Read 3rd Time
3/14/97 Passed/Adopted 3/24/97
4/2/97 Sent to Governor
4/4/97 Signed by Governor
155 Act/Veto Number
4/4/97 Effective Date

HB 956                                             LC 14 6908 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend an Act providing for the Board of Education of 
  1- 2  Bartow County, approved March 30, 1987 (Ga. L. 1987, p. 
  1- 3  4915), as amended, so as to continue in office certain 
  1- 4  members of such board and provide for the expiration of 
  1- 5  their terms; to provide for education districts; to provide 
  1- 6  for the election of board members; to provide for 
  1- 7  qualifications for office; to provide for successors; to 
  1- 8  provide for terms; to provide for vacancies; to provide for 
  1- 9  definitions and inclusions; to repeal a certain local Act; 
  1-10  to provide for submission of this Act to the U.S. Attorney 
  1-11  General; to repeal conflicting laws; and for other purposes. 
 
  1-12       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-13                           SECTION 1. 
 
  1-14  An Act providing for the Board of Education of Bartow 
  1-15  County, approved March 30, 1987 (Ga. L. 1987, p. 4915), as 
  1-16  amended, is amended by striking Sections 1.1 through 7 of 
  1-17  said Act and inserting in lieu thereof new Sections 2 
  1-18  through 7 to read as follows: 
 
 
 
  1-19    Those members of the board of education serving in office 
  1-20    on the effective date of this section shall continue to 
  1-21    serve until the expiration of the terms for which they 
  1-22    were elected and until their successors are elected and 
  1-23    qualified. 
 
 
 
  1-24    (a) The Board of Education of Bartow County shall be 
  1-25    composed of five members.  All members elected at or 
  1-26    subsequent to the election in 1998 shall be elected from 
  1-27    the education districts described in subsection (b) of 
  1-28    this section. 
 
  1-29    (b) For the purpose of electing the members of the Board 
  1-30    of Education,  the Bartow County School District shall be 
  1-31    divided into five education districts.  One member of the 
 
 
                                 -1- 
 
 
 
  2- 1    board shall be elected from each such district.  Those 
  2- 2    districts shall consist of the described territory of the 
  2- 3    Bartow County School District attached to this Act and 
  2- 4    made a part hereof and further identified as 
  2- 5    'Operator: local  Client: bartow  Plan: sb1.' 
 
  2- 6    (c) For purposes of this section: 
 
  2- 7      (1) The terms 'Tract' and 'Block' shall mean and 
  2- 8      describe the same geographical boundaries as provided in 
  2- 9      the report of the Bureau of the Census for the United 
  2-10      States decennial census of 1990 for the State of 
  2-11      Georgia; 
 
  2-12      (2) Any part of the Bartow County School District which 
  2-13      is not included in any education district described in 
  2-14      this section shall be included within that education 
  2-15      district contiguous to such part which contains the 
  2-16      least population according to the United States 
  2-17      decennial census of 1990 for the State of Georgia; and 
 
  2-18      (3) Any part of the Bartow County School District which 
  2-19      is described in this section as being included in a 
  2-20      particular education district shall nevertheless not be 
  2-21      included within such education district if such part is 
  2-22      not contiguous to such education district.  Such 
  2-23      noncontiguous part shall instead be included within that 
  2-24      education district contiguous to such part which 
  2-25      contains the least population according to the United 
  2-26      States decennial census of 1990 for the State of 
  2-27      Georgia. 
 
  2-28    (d) The first members of the board of education elected 
  2-29    under this Act from Education Districts 1, 2, and 3 shall 
  2-30    be elected on the Tuesday next following the first Monday 
  2-31    in November, 1998.  Those members of the board elected 
  2-32    thereto from Education Districts 1, 2, and 3 in 1998 shall 
  2-33    take office the first day of January immediately following 
  2-34    that election and shall serve for initial terms of office 
  2-35    which expire December 31, 2002, and upon the election and 
  2-36    qualification of their respective successors.  The first 
  2-37    members of the board of education elected under this Act 
  2-38    from Education Districts 4 and 5 shall be elected on the 
  2-39    Tuesday next following the first Monday in November, 2000. 
  2-40    Those members of the board elected thereto from Education 
  2-41    Districts 4 and 5 in 2000 shall take office the first day 
  2-42    of January immediately following that election and shall 
  2-43    serve for initial terms of office which expire December 
 
 
 
                                 -2- 
 
 
 
  3- 1    31, 2004, and upon the election and qualification of their 
  3- 2    respective successors.  Those and all future successors to 
  3- 3    members of the board whose terms of office are to expire 
  3- 4    shall be elected at the state-wide general election 
  3- 5    immediately preceding the expiration of such terms, shall 
  3- 6    take office the first day of January immediately following 
  3- 7    that election, and shall serve for terms of office of four 
  3- 8    years.  Members of the board shall serve for the terms of 
  3- 9    office specified therefor in this subsection and until 
  3-10    their respective successors are elected and qualified. 
 
  3-11    (f) All members of the board who are elected thereto shall 
  3-12    be nominated and elected in accordance with Chapter 2 of 
  3-13    Title 21 of the O.C.G.A., the 'Georgia Election Code.' 
 
 
 
  3-14    (a) No person shall be a member of the board if that 
  3-15    person is ineligible for such office pursuant to Code 
  3-16    Section 20-2-51 or 45-2-1 of the O.C.G.A. or any other 
  3-17    general law. 
 
  3-18    (b) In order to be elected as a member of the board from 
  3-19    an education district, a person must have resided in that 
  3-20    district prior to election thereto.  Each member shall be 
  3-21    elected by the electors voting within the respective 
  3-22    district and not at large and must receive the number of 
  3-23    votes cast for that office as required by general law. 
  3-24    Only electors who are residents of that education district 
  3-25    may vote for a member of the board for that district.  At 
  3-26    the time of qualifying for election as a member of the 
  3-27    board from an education district, each candidate for such 
  3-28    office shall specify the education district for which that 
  3-29    person is a candidate.  A person elected as a member of 
  3-30    the board from an education district must continue to 
  3-31    reside in that district during that person's term of 
  3-32    office or that office shall thereupon become vacant. 
 
 
 
  3-33    In case of a vacancy on the board by death, resignation, 
  3-34    or any cause other than the expiration of term of office, 
  3-35    the remaining members of the board shall elect a successor 
  3-36    who shall serve the unexpired term, but, in so electing, 
  3-37    no person shall be elected who is a resident of any 
  3-38    education district of which one of the remaining members 
  3-39    of the board is a resident. 
 
 
 
 
                                 -3- 
 
 
 
 
 
  4- 1    Reserved. 
 
 
 
  4- 2    Reserved." 
 
  4- 3                           SECTION 2. 
 
  4- 4  An Act amending an Act providing for the Board of Education 
  4- 5  of Bartow County, so as to provide for a statement of 
  4- 6  purpose and an advisory referendum, approved April 1, 1996 
  4- 7  (Ga. L. 1996, p. 3851), is repealed in its entirety. 
 
  4- 8                           SECTION 3. 
 
  4- 9  Pursuant to Section 5 of the federal Voting Rights Act of 
  4-10  1965, as amended, it shall be the duty of the attorney of 
  4-11  the Board of Education of Bartow County to submit this Act 
  4-12  to the United States Attorney General for approval pursuant 
  4-13  to Section 5 of the federal Voting Rights Act of 1965, as 
  4-14  amended. 
 
  4-15                           SECTION 4. 
 
  4-16  All laws and parts of laws in conflict with this Act are 
  4-17  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -4- 

Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 04/20/98

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