05 LC 28
2457/AP
House
Bill 839 (AS PASSED HOUSE AND SENATE)
By:
Representatives Fleming of the
117th,
Harbin of the
118th,
and Burmeister of the
119th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act providing for the election of the Board of Education of Columbia
County, approved March 21, 1968 (Ga. L. 1968, p. 2708), as amended, particularly
by an Act approved September 21, 1995 (Ga. L. 1995, Ex. Sess.,
p. 336), and by an Act approved April 25, 2002 (Ga. L. 2002, p. 4528), so
as to change provisions relating to education districts for the board; to define
certain terms; to provide for the manner and dates of election of members of the
board; to provide for related matters; to provide for the submission of this Act
to the United States Department of Justice; to provide effective dates; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
An
Act providing for the election of the Board of Education of Columbia County,
approved March 21, 1968 (Ga. L. 1968, p. 2708), as amended, particularly by an
Act approved September 21, 1995 (Ga. L. 1995, Ex. Sess., p. 336),
and by an Act approved April 25, 2002 (Ga. L. 2002, p. 4528), is amended by
striking Sections 1, 2, and 3 of the Act and inserting in lieu thereof new
Sections 1, 2, and 3 to read as follows:
"SECTION
1.
(a)
The Board of Education of Columbia County shall be composed of five members to
be elected as provided in this Act. For the purposes of electing members of the
board of education, Columbia County is divided into four education districts.
The four education districts 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: colcc02 Plan Type: Local User: staff Administrator:
Columbia. The chairperson of the board shall be elected by the electors of the
entire county.
(b)
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 Columbia 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 Columbia 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.
SECTION
2.
(a)
The members of the board of education in office on the effective date of this
Act shall serve out the terms to which they were elected and shall continue to
represent the districts from which they were elected until December 31,
2006.
(b)
On and after January 1, 2007, the member of the board of education representing
former Education District 2 shall represent Education District 1, the member of
the board of education representing former Education District 5 shall represent
Education District 3; and the member of the board of education representing
former Education District 3 shall represent Education District 4 as such
districts are described in this Act.
(c)
The member representing former Education District 1 shall serve out the term to
which such member was elected which shall end on December 31, 2006, and no
successor shall be elected for such member.
(d)
In the 2006 nonpartisan general election, a successor to the member representing
former Education District 4 shall be elected to represent Education District 2
as such district is described under this Act.
(e)
In the 2006 nonpartisan general election, a person shall be elected by the
electors of the entire Columbia County School District to serve as chairperson
of the board of education.
(f)
The person elected as chairperson in the 2006 nonpartisan general election shall
serve a term of office of two years beginning on January 1, 2007, and until his
or her successor is elected and qualified. At the 2008 nonpartisan general
election, a successor shall be elected for such chairperson to serve a term of
office of four years beginning on January 1, 2009, and until a successor is
elected and qualified. Thereafter, an election for a successor to such
chairperson shall be held at the nonpartisan general election in the year
immediately preceding the end of such
chairpersońs
term of office for a term of office of four years and until a successor is
elected and qualified. Such chairperson shall take office on the first day of
January immediately following his or her election.
(g)
At the 2006 nonpartisan general election, a member of the board of education
shall be elected to present Education District 2 as described in this Act. Such
member shall be elected to serve a term of office of four years beginning
January 1, 2007, and until his or her successor is elected and qualified.
Thereafter, an election for a successor to such member shall be held at the
nonpartisan general election in the year immediately preceding the end of such
membeŕs
term of office for a term of office of four years and until a successor is
elected and qualified. Such member shall take office on the first day of
January immediately following his or her election.
(h)(1)
At the 2008 nonpartisan general election, an election shall be held to elect
successors to the members representing Education Districts 1, 3, and
4.
(2)
Successors to the members representing Education Districts 1 and 4 shall be
elected to serve a term of office of four years beginning January 1, 2009, and
until their successors are elected and qualified. Thereafter, successors to
such members shall be elected at the nonpartisan general election in the year
immediately preceding the end of such
memberś
terms of office for a term of office of four years and until their successors
are elected and qualified. Such members shall take office on the first day of
January immediately following their election.
(3)
The successor to the member representing Education District 3 elected in the
2008 nonpartisan general election shall be elected to serve a two year term of
office beginning January 1, 2009, and until his or her successor is elected and
qualified. A successor to such member representing Education District 3 shall
be elected in the 2010 nonpartisan general election for a term of office of four
years beginning January 1, 2011, and until his or her successor is elected and
qualified. Thereafter, a successor to such member shall be elected at the
nonpartisan general election in the year immediately preceding the end of such
membeŕs
term of office for a term of office of four years and until his or her successor
is elected and qualified. Such member shall take office on the first day of
January immediately following his or her election.
(i)
The chairperson shall be elected by the vote of electors of the Columbia County
School District at large. The members representing Districts 1, 2, 3, and 4
shall be elected only by the electors of the education district which the
members seek to represent.
(j)
No person shall be eligible to represent a district unless he or she has been a
resident of such district from which he or she is a candidate for at least one
year immediately preceding the date of the election. In the event that a member
moves his or her residence from the district the member represents, his or her
seat on the board shall immediately become vacant.
SECTION
3.
The
chairperson and each member of the board of education shall be elected in a
nonpartisan election as authorized in Code Section 21-2-139 and other applicable
provisions of Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election
Code.'"
SECTION
2.
The
Board of Education of Columbia County shall through its legal counsel cause this
Act to be submitted for preclearance under the federal Voting Rights Act of
1965, as amended, not later than 45 days after the date on which this Act is
approved by the Governor or otherwise becomes law without such
approval.
SECTION
3.
For
the purposes of electing a member from Education District 2 and the chairperson
in the 2006 nonpartisan general election, this Act shall become effective upon
its approval by the Governor or its becoming law without such approval. The Act
shall become effective for all other purposes on January 1, 2007.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.