08 LC
21 9754/AP
House
Bill 1421 (AS PASSED HOUSE AND SENATE)
By:
Representatives Bridges of the
10th,
Collins of the
27th,
and Jenkins of the
8th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
provide for the method of election of the members of the Board of Education of
White County; to provide education districts; to provide for definitions and
inclusions; to provide for continuation in office of current members; to provide
for election and terms of office of subsequent members; to provide for the
filling of vacancies; to provide for submission of this Act for approval under
the federal Voting Rights Act of 1965, as amended; to provide for conditional
effective dates and automatic repeal; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
There
is reconstituted the Board of Education of White County, to be elected and
organized as provided for in this Act. The board of education provided by this
Act shall be the successor to the Board of Education of White County which
existed on December 31, 2010, and shall continue to have the obligations and
liabilities of the same. The term "board," whenever used in this Act, shall
mean the Board of Education of White County, including the chairperson and all
members.
SECTION
2.
(a)
The Board of Education of White County shall be composed of a chairperson and
four members to be elected as provided in this Act. For purposes of electing
members of the board of education, the White County School District 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: whitep2 Plan Type:
Local User: staff Administrator:
H010.
(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 White 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 White 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.
(c) The board of education shall be composed of a chairperson and one member residing in each education district. The chairperson shall reside in the White County School District. Each board member shall reside in the education district which he or she represents. The chairperson and each member from an education district shall be elected and voted on by the voters of the entire White County School System.
(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 White 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 White 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.
(c) The board of education shall be composed of a chairperson and one member residing in each education district. The chairperson shall reside in the White County School District. Each board member shall reside in the education district which he or she represents. The chairperson and each member from an education district shall be elected and voted on by the voters of the entire White County School System.
SECTION
3.
(a)
The members of the reconstituted Board of Education of White County shall be
elected as provided in this subsection. The members from Education Districts 2
and 4 shall be elected at the general election on the Tuesday next following the
first Monday in November, 2010. Those members of the board elected from
Education Districts 2 and 4 in 2010 shall take office on January 1, 2011, and
shall serve for terms of four years and until their successors are duly elected
and qualified. The chairperson and the members from Education Districts 1 and 3
serving on January 1, 2011, shall continue to serve for the remainder of their
terms and until their successors are duly elected and qualified. Their
successors shall be elected at the general election on the Tuesday next
following the first Monday in November, 2012. The chairperson and those members
of the board elected from Education Districts 1 and 3 in November, 2012, shall
take office on January 1, 2013, and shall serve terms of four years and until
their successors are duly elected and qualified. Those and 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 and
until their respective successors are elected and
qualified.
(b) The chairperson and members of the board shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
(c) Any vacancy upon the board which occurs for any reason other than expiration of term shall be filled as follows:
(b) The chairperson and members of the board shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
(c) Any vacancy upon the board which occurs for any reason other than expiration of term shall be filled as follows:
(1)
If the vacancy occurs during the final six months of a term of office, the
position shall remain vacant until the next regularly scheduled election;
or
(2)
If the vacancy occurs at any time prior to the time specified in
paragraph (1) of this subsection, a successor shall be elected at the next
available date for a special election pursuant to O.C.G.A. Section 21-2-540. Any
person so elected to fill a vacancy shall serve out the remainder of the
unexpired term and until a successor is elected and qualified.
SECTION
4.
It
shall be the duty of the attorney of the Board of Education of White County to
submit this Act for approval pursuant to Section 5 of the federal Voting Rights
Act of 1965, as amended.
SECTION
5.
This
section and Section 2 of this Act and those provisions of this Act necessary for
the election of members of the Board of Education of White County in 2010 shall
become effective upon the approval by the electors of White County at the time
of the November, 2008, general election of the repeal of an Act approved March
27, 1985 (Ga. L. 1985, p. 4563), which continued in force and effect as part of
the Constitution of the State of Georgia that constitutional amendment duly
ratified at the 1963 general election (Res. Act No. 23; H.R. 85-157; Ga. L.
1963, p. 670) providing for the election of the members of the Board of
Education of White County. The remaining provisions of this Act shall become
effective January 1, 2011. If the electors of White County do not so approve
such Act, this Act shall not become effective and be repealed on December 31,
2008.
SECTION
6.
All
laws and parts of laws in conflict with this Act are repealed.