hb1441_LC_35_0948_a_2.html
08 LC 35 0948
House Bill 1441
By: Representative Smith of the 168th


A BILL TO BE ENTITLED
AN ACT


To amend an Act providing for the election of the board of education of Bacon County, approved February 20, 1976 (Ga. L. 1976, p. 2713), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4823), and by an Act approved May 16, 2007 (Ga. L. 2007, p. 3707), so as to provide for the selection of the chairman to the board; to provide for a referendum; to provide for related matters; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; 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 Bacon County, approved February 20, 1976 (Ga. L. 1976, p. 2713), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4823), and by an Act approved May 16, 2007 (Ga. L. 2007, p. 3707), is amended by revising Section 1 as follows:

"SECTION 1.
(a) For purposes of electing members of the board of education, each of whom must reside in the district from which the person is to be elected, the Bacon County School District is divided into five education districts designated as Districts 1 through 5. District 1 as created by an Act approved March 28, 1985 (Ga. L. 1985, p.4823) shall be abolished. Formerly designated Districts 2 through 6 which correspond to those five districts described in and attached to and made a part of an Act approved March 28, 1985 (Ga. L. 1985, p.4823), further identified as Plan Name: bacon07p3 Plan Type: Local User: Gina Administrator: Bacon Co, shall be redesignated as Districts 1 through 5 in the same order as currently numbered in such attachment.
(b) The designations in such attachment shall be considered redesignated as follows: previously designated district 002 shall be redesignated as district 001; previously designated district 003 shall be redesignated as district 002; previously designated district 004 shall be redesignated as district 003; previously designated district 005 shall be redesignated as district 004; and previously designated district 006 shall be redesignated as district 005.
(c) When used in this section and in such attachment, the terms 'Tract' and 'BG' or 'Block Group' shall mean and describe the same geographical boundaries as provided in the report of 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 United States decennial census of 2000 for the State of Georgia. Any part of the Bacon County School District which is not included in any such district described in said attachment shall be included within the 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 Bacon County School District which is described in said 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 the 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 such city as shown on the census map for the United States decennial census of 2000 for the State of Georgia.
(c) Districts 2 through 6, as they existed immediately prior to the effective date of this section, shall be designated as Districts 1 through 5, respectively, but as previously described under Plan Name: bacon07p3 Plan Type: Local User: Gina Administrator: Bacon Co. The members of the board serving from the previously designated Districts 2 through 6 shall serve from and represent their respective districts as newly described under this section as Districts 1 through 5."

SECTION 2.
Said Act is further amended by revising subsection (b) of Section 2 as follows:
"(b)(1) At the general election in 1986, there shall be elected three members of the board, one member each from Districts 2, 4, and 6 which shall be referred to as Districts 1, 3, and 5, respectively, beginning on September 1, 2008.
(2) At the general election in 1988, there shall be elected two members of the board, one member each from Districts 1, 3, and 5. Said Districts 3 and 5 shall be referred to as Districts 2 and 4, respectively, beginning on September 1, 2008, and the previously designated District 1 shall be abolished. Beginning on December 31, 2008, the term of office of the member elected from District 1 shall expire.
(3) Beginning on September 1, 2008, a chairperson shall be selected from the members of the board and appointed by majority vote of all members of the board. The chairperson so appointed shall serve until the expiration of his or her term."

SECTION 3.
Unless otherwise prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Bacon County shall call and conduct an election. The election superintendent shall conduct that election on the date of the state primary election in July of 2008 and shall issue the call and conduct that election as provided in this section. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Bacon County. The ballot shall have written or printed thereon the words:
"(  )  YES
(  )  NO
Shall the Act be continued that allows the chairperson of the board of education of Bacon County to be elected by a majority vote of the people?"
All persons desiring to continue to have the chairperson elected by the people shall vote "Yes," and all persons desiring to have the chairperson appointed by the board shall vote "No." If more than one-half of the votes cast on such question are "Yes," Sections 1 and 2 of this Act shall not become effective and this Act shall be automatically repealed on the thirty-first day of August immediately following that election date. If more than one-half of the votes cast on such question are "No," Sections 1 and 2 of this Act shall become full force and effective on September 1, 2008. The expense of such election shall be borne by Bacon County. It shall be the duty of the election superintendent of Bacon County to certify the results thereof to the Secretary of State.

SECTION 4.
The board of education of Bacon County 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 5.
Except as otherwise provided in Section 2 of this Act, this Act shall become effective on July 1, 2008.

SECTION 6.
All laws and parts of laws in conflict with this Act are repealed.