06 LC 28
2897/AP
House
Bill 1600 (AS PASSED HOUSE AND SENATE)
By:
Representatives Butler of the
18th,
Bearden of the
68th,
and Brown of the
69th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act relating to the board of education and school superintendent of the
Carroll County School District, approved March 20, 1985 (Ga. L. 1985, p. 3945),
as amended, so as to reconstitute the board of education; to change the
descriptions of the education districts; to provide for definitions and
inclusions; to provide for the election and terms of office of members of the
board; to provide for vacancies; to provide for eligibility and qualifications;
to provide for submission of this Act for approval under the federal Voting
Rights Act of 1965, as amended; to provide for an effective date; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
An
Act relating to the board of education and school superintendent of the Carroll
County School District, approved March 20, 1985 (Ga. L. 1985, p. 3945), as
amended, is amended by striking Section 1 and inserting in its place the
following:
"SECTION
1.
(a)
The Board of Education of the Carroll County School District as it existed
immediately prior to July 1, 2006, is continued in existence, but, on and after
July 1, 2006, shall be constituted as provided in this Act. The Board of
Education of the Carroll County School District so continued and constituted,
sometimes referred to in this Act as the 'board,' shall continue to have the
powers, duties, rights, obligations, and liabilities of that board as it existed
immediately prior to July 1, 2006.
(b)(1)
Those members of the Board of Education of the Carroll County School District
who are representing Education Districts 2, 3, and 5 as designated by prior law
immediately prior to the effective date of this Act whose terms expire on
December 31, 2006, and any person selected to fill a vacancy in any such office
shall serve out the terms to which they were elected.
(2)
The General Assembly finds that, based upon the decision of the court in the
case of
Burton-Callaway
v. Carroll County Board of Elections, no
election was conducted in 2004 for those members of the Board of Education of
the Carroll County School District who were representing Education Districts 1,
4, and 6 as designated by prior law. The court determined that such members are
holdovers whose terms of office have expired. Therefore, such members shall
continue to serve until successors for such members are elected and qualified in
a special election to be held at the same time as the 2006 General
Primary.
(3)
On and after July 1, 2006, the Board of Education of the Carroll County School
District shall consist of seven members, who shall be elected from education
districts described in subsection (c) of this section.
(c)
For purposes of electing members of the board of education, the Carroll County
School District is divided into seven education districts. One member of the
board shall be elected from each such district. The seven education districts
shall be and correspond to those seven numbered districts described in and
attached to the Redistricting Plan Components Report made a part of this Act and
further identified as Plan Name: carrollsb04 Plan Type: Local User: Gina
Administrator: Carroll.
(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 the Carroll County School District 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 the Carroll
County School District 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
education 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)
No person shall be a member of the board if that person is ineligible for such
office pursuant to Code Sections 45-2-1 and 20-2-51 of the O.C.G.A. or any other
general law applicable to that office.
(f)
In order to be elected as a member of the board from an education district, a
person must receive the number of votes cast as required by general law for that
office in that district only. Only electors who are residents of that education
district may vote for a member of the board for that district. At the time of
qualifying for election as a member of the board from an education district,
each candidate for such office shall specify the education district for which
that person is a candidate. A person elected or appointed as a member of the
board from an education district must continue to reside in that district during
that
persońs
term of office or that office shall become vacant.
(g)(1)
On and after July 1, 2006, Bernice Brooks, the member representing Education
District 1 as it existed immediately prior to July 1, 2006, shall represent the
new Education District 1; Dorothy Burton-Callaway, the member representing
Education District 2 as it existed immediately prior to July 1, 2006, shall
represent the new Education District 2; William Kesckes, the member representing
Education District 3 as it existed immediately prior to July 1, 2006, shall
represent the new Education District 5; Bart Cater, the member representing
Education District 4 as it existed immediately prior to July 1, 2006, shall
represent the new Education District 6; John Stephens, the member
representing Education District 5 as it existed immediately prior to July
1, 2006, shall represent the new Education District 7; and Mary Hooper, the
member representing Education District 6 as it existed immediately prior to
July 1, 2006, shall represent the new Education District 3.
(2)
A special election to fill the unexpired terms from newly reconstituted
Education Districts 1, 3, and 6 being filled by members holding over beyond
the expiration of their terms of office shall be held in conjunction with the
general primary on the third Tuesday in July, 2006. As soon as practicable
after this section becomes effective, the election superintendent of Carroll
County shall call a special election for the purpose of electing such members of
the board. Such special election shall be called and conducted in accordance
with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia
Election Code.' Those members of the reconstituted board elected thereto from
Education Districts 1, 3, and 6 in such special election shall take office
immediately following that election and shall serve out the unexpired terms of
office which shall expire December 31, 2008, and upon the election and
qualification of their respective successors.
(3)
A special election shall be held in conjunction with the general primary on the
third Tuesday in July, 2006, for the purpose of filling the position in newly
created Education District 4. As soon as practicable after this section becomes
effective, the election superintendent of Carroll County shall call a special
election for the purpose of electing such member. Such special election shall
be called and conducted in accordance with the provisions of Chapter 2 of
Title 21 of the O.C.G.A., the 'Georgia Election Code.' The member of the
reconstituted board elected thereto from Education District 4 in such special
election shall take office immediately following that election and shall serve
until December 31, 2008, and upon the election and qualification of his or her
successor.
(4)
Successors to those members of the reconstituted board from Education Districts
2, 5, and 7 whose terms of office expire December 31, 2006, shall be
elected in the 2006 General Election and shall take office on January 1, 2007
for a term of office of four years.
(5)
All future successors to members of the board whose terms of office are to
expire shall be elected at the time of the state-wide general election
immediately preceding the expiration of such terms, shall take office the first
day of January immediately following that election, and shall serve for terms of
office of four years. Members of the board shall serve for the terms of office
specified therefor in this subsection and until their respective successors are
elected and qualified.
(h)
All members of the board who are elected thereto shall be elected in nonpartisan
elections as provided in Code Section 21-2-139 of the O.C.G.A.
(i)
Any vacancy in office upon the board which occurs for any reason shall be filled
pursuant to Code Section 20-2-54.1 of the
O.C.G.A."
SECTION
2.
The
Board of Education of Carroll County shall through its legal counsel cause this
Act to be submitted for preclearance under the federal Voting Rights Act of
1965, as amended, no later than 30 days after the date on which this Act is
approved by the Governor or otherwise becomes law without such
approval.
SECTION
3.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.