05 LC 34
0164
House
Bill 356
By:
Representative Benton of the
31st
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act providing a new charter for the City of Commerce, approved April 4,
1991 (Ga. L. 1991, p. 4042), as amended, particularly by an Act approved May 30,
2003 (Ga. L. 2003, p. 3926), so as to authorize the board of education to set
the millage rate for the school
district́s
property tax; to provide for related matters; to provide an effective date; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
An
Act providing a new charter for the City of Commerce, approved April 4, 1991
(Ga. L. 1991, p. 4042), as amended, particularly by an Act approved May 30, 2003
(Ga. L. 2003, p. 3926), is amended by striking paragraph (40) of subsection (b)
of Section 1.12 thereof and inserting in its place a new paragraph to read as
follows:
"(40)
Independent school system.
(A)
The public school system of the City of Commerce was initially established on
November 26, 1901, by Sections 41 through 45 of the Act incorporating the City
of Harmony Grove, predecessor to the City of Commerce, and reenacted as Section
40 of the Act of 1909, page 674. The City of Commerce shall retain all of those
powers and rights set forth in those predecessor Acts as an independent public
school system. The City of Commerce shall have the power to establish and
operate a complete public school system, including such facilities and programs
as are deemed necessary by the Commerce City Board of Education.
(B)
The Commerce City Board of Education which was appointed and which existed on
January 1, 2003, is continued in existence but on and after January 1, 2004,
shall be constituted as provided in this paragraph. The board of education of
the independent school system of the City of Commerce so continued and
constituted, sometimes referred to in this section as the 'board,' shall
continue to have the powers, duties, rights, obligations, and liabilities of the
Commerce City Board of Education as existed immediately prior to January 1,
2004, and shall be subject to all constitutional and statutory provisions
relating to boards of education and not in conflict with this
section.
(C)
The members of the board of education representing Education Districts 3, 4, and
5 who are in office on January 1, 2003, and any person selected to fill a
vacancy in such office, shall continue to serve out their regular terms of
office, which shall expire December 31, 2003, and upon the election and
qualification of their respective successors. The successors to members of the
board representing Education Districts 3, 4, and 5 shall be elected at the
municipal general election in 2003, but as the members of the board from
Districts 3, 4, and 5, respectively, as described in subsection (d) of
Section 2.10 of this charter and shall reside in and be elected from Districts
3, 4, and 5 as so described.
(D)
The members of the board of education representing Education Districts 1 and 2
and who are in office on January 1, 2003, and any person selected to fill a
vacancy in such office, shall continue to serve out their regular terms of
office, which expire December 31, 2005, and upon the election and qualification
of their respective successors. On and after January 1, 2004, the members of
the board of education representing Education Districts 1 and 2 shall be deemed
to be serving from and representing Districts 1 and 2, respectively, as newly
described in subsection (d) of Section 2.10 of this charter. The successors to
members of the board representing Education Districts 1 and 2 shall be elected
at the municipal general election in 2005 as members of the board from Districts
1 and 2, respectively, as described in subsection (d) of Section 2.10 of
this charter and shall reside in and be elected from Districts 1 and 2 as so
described.
(E)
Members of the board first elected pursuant to subparagraphs (C) and (D) of this
paragraph, and all future successors to such officers having terms of office
which are to expire, shall be elected at the municipal 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
four years and until their respective successors are elected and
qualified.
(F)(i)
No person shall be a member of the board if that person is ineligible for such
office pursuant to Code Section 20-2-51 or 45-2-1 of the O.C.G.A. or any other
general law.
(ii)
In order to be elected as a member of the board from an education district, a
person must be a legal resident of that district and must receive the votes cast
as required by general law for that office in that district only and not at
large. 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 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 thereupon become vacant.
(iii)
All members of the board who are elected thereto shall be 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.
(G)
In the event of a vacancy occurring on or after January 1, 1993, in the
membership of the board, for any reason other than expiration of term, that
vacancy shall be filled as provided in Code Section 20-2-54.1 of the
O.C.G.A.
(H)
The board of education shall organize by electing a president or chairperson and
a vice president or vice chairperson from their number. The superintendent of
schools shall be elected by the board of education from outside the membership
of the board, based upon that
persońs
qualifications, and shall serve at the pleasure of the board.
(I)
The superintendent of schools shall serve as the secretary and treasurer of the
board. Members of the board shall, when approved by the board, receive a per
diem of $100.00 for each day of attendance at meetings of the board and while
meeting and traveling within or outside the state as a member of a committee of
the board on official business first authorized by a majority of the board, plus
reimbursement for actual expenses necessarily incurred in connection therewith.
The accounts for such service and expenses shall be submitted for approval to
the school superintendent. The compensation of members of the board shall be
paid only from the local tax funds available to the board for educational
purposes.
(J)
The board of education has the power to set the millage rate for the school
district property tax.
(K)
In addition to these powers, the board of education shall possess all such other
powers as are granted to boards of education under general law. Except as
otherwise provided in this paragraph, the superintendent shall be subject to all
general laws of this state relating to school
superintendents."
SECTION
2.
Said
Act is further amended by striking Section 6.11 thereof and inserting in its
place the following:
"Section
6.11. Millage. Except as provided in
subparagraph (b)(40)(J) of Section 1.12 of this charter in regards to the
millage for the school
district́s
property tax, the city council by ordinance shall establish a millage rate for
the city property tax, a due date, and the time period within which these taxes
must be paid. The city council by ordinance may provide for the payment of
these taxes by installments or in one lump sum, as well as authorize the
voluntary payment of taxes prior to the time when
due."
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.