05 LC 25
4053/AP
House
Bill 866 (AS PASSED HOUSE AND SENATE)
By:
Representatives Forster of the
3rd
and Dickson of the
6th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act to reconstitute the Board of Education of Catoosa County, Georgia,
approved March 30, 1993 (Ga. L. 1993, p. 4258), as amended, so as to revise the
districts for the election of members of the board of education; to provide for
definitions and inclusions; to provide for method of election; to provide for
submission of this Act for preclearance pursuant to Section 5 of the federal
Voting Rights Act of 1965, as amended; to provide for related matters; to
provide for effective dates; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
An
Act to reconstitute the Board of Education of Catoosa County, Georgia, approved
March 30, 1993 (Ga. L. 1993, p. 4258), as amended, is
amended by striking Section 2 and inserting in lieu thereof a new Section 2 to
read as follows:
"SECTION
2.
(a)
The members of the board of education who were elected at the general election
in November, 2004, shall continue in office for the terms to which they were
elected and until successors are elected and qualified as provided in this Act.
The members of the board of education who were elected at the general election
in November, 2002, shall continue in office for the terms to which they were
elected and until successors are elected and qualified as provided in this
Act.
(b)
The Board of Education of Catoosa County shall consist of five members each of
whom shall be elected by the eligible voters of the district in which he or she
resides. For the purposes of this Act, a person 'resides' in the district in
which he or she is domiciled. Domicile shall be determined by reference to the
location of the house in which such person physically lives.
(c)
For the purposes of determining eligibility of candidates to run for a seat on
the board of education, the Catoosa County School District shall be constituted
of five education districts. Education Districts 1, 2, 3, and 4 shall be and
correspond to those four numbered districts described in and attached to and
made a part of this Act and further identified as Plan Name: catccsbp1 Plan
Type: Local User: staff Administrator: Catoosa. Education District 5 shall be
comprised of the entire geographic area of the Catoosa County School
District.
(d)
When used in such attachment, 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. Any part
of Catoosa County which is not included in any such district described in that
attachment 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. Any part of Catoosa County which is described in
that attachment as being in a particular district shall nevertheless not be
included within such district if such part is not contiguous to such district.
Such noncontiguous part shall instead 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. Except as
otherwise provided in the description of any district, whenever the description
of such district refers to a named city, it shall mean the geographical
boundaries of that city as shown on the census map for the United States
decennial census of 2000 for the State of Georgia.
(e)
Any person, in order to be eligible for membership on the board, must be
domiciled and reside, at the time of qualification, in the district from which
he or she offers himself or herself as a candidate. Each candidate shall
designate by district number the position on the board for which such candidate
offers himself or herself for election. Each candidate shall be elected to the
board by the vote of all eligible voters of the education district in which he
or she
resides."
SECTION
2.
Said
Act is further amended by striking Section 4 and inserting in lieu thereof a new
Section 4 to read as follows:
"SECTION
4.
(a)
The first members of the reconstituted Board of Education of Catoosa County from
Education Districts 2 and 4 shall be elected at the nonpartisan general election
held in conjunction with the state-wide general primary in 2006. Such members
shall take office on January 1 following their election for terms of four years
and until their successors are elected and qualified.
(b)
The first members of the reconstituted Board of Education of Catoosa County from
Education Districts 1 and 3 shall be elected at the nonpartisan general election
held in conjunction with the state-wide general primary in 2008. Such members
shall take office on January 1 following their election for terms of four years
and until their successors are elected and qualified.
(c)
The first member of the reconstituted Board of Education of Catoosa County from
Education District 5 shall be elected at the nonpartisan general election held
in conjunction with the state-wide general primary in 2008. Such member shall
take office on January 1 following his or her election for a term of four years
and until his or her successor is elected and qualified.
(d)
Successors to members elected under subsections (a), (b), and (c) of this
section shall be elected at the nonpartisan general election held in conjunction
with the state-wide general primary next preceding the expiration of such terms
of office and shall take office on January 1 following their election for terms
of four years and until their successors are elected and qualified.
(e)
Education Districts 1, 2, 3, and 4 as they existed on January 1, 2005, shall
continue to be designated as Education Districts 1, 2, 3, and 4, respectively,
but as newly described under this Act, and, on and after the effective date of
this Act, such members of the board serving from those former education
districts shall be deemed to be serving from and representing their respective
districts as newly described under this section.
(f)
All members of the board who are elected thereto shall be nominated and elected
in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election
Code,' in nonpartisan elections as provided in Code Section 21-2-139 of the
O.C.G.A."
SECTION
3.
The
Board of Education of Catoosa shall through its legal counsel cause this Act to
be submitted for preclearance under the federal Voting Rights Act of 1965, as
amended; and such submission shall be made to the United States Department of
Justice or filed with the appropriate court no later than 45 days after the date
on which this Act is approved by the Governor or otherwise becomes law without
such approval.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.