Bill Text: GA HB803 | 2011-2012 | Regular Session | Introduced

Georgia House Bill 803 (Prior Session Legislation)

Bill Title: Gilmer County; Board of Education; change description of districts

Sponsorship: Partisan Bill (Republican 1)

Status: (Passed) 2012-02-27 - Effective Date [HB803 Detail]

Download: Georgia-2011-HB803-Introduced.html

12 LC 25 5997/AP

House Bill 803 (AS PASSED HOUSE AND SENATE)

By: Representative Ralston of the 7th

A BILL TO BE ENTITLED
AN ACT

To amend an Act providing the method of election of the members of the Board of Education of Gilmer County, approved April 10, 1971 (Ga. L. 1971, p. 3471), as amended, so as to change the description of the 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 submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

An Act providing the method of election of the members of the Board of Education of Gilmer County, approved April 10, 1971 (Ga. L. 1971, p. 3471), as amended, is amended by striking Section 1 of said Act and inserting in its place the following:

"SECTION 1.

(a) The Board of Education of Gilmer county shall be composed of five members to be elected as provided in this Act. For purposes of electing members of the board of education, the Gilmer County School District is divided into five education districts. The five education districts shall be and correspond to those five numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: gilmersb-2012 Plan Type: Local Administrator: Gilmer SB User: Gina'.

(b)(1) When used in such attachment, the term 'VTD' (voting tabulation district) 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 2010 for the State of Georgia.

(2) The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. Any part of the Gilmer 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 2010 for the State of Georgia.

(3) Any part of the Gilmer 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 2010 for the State of Georgia.

(4) 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 2010 for the State of Georgia.

(c) The board of education shall be composed of one member from each education district. Any person, in order to be eligible for membership on the board to represent an education district, must reside in the education district which he or she represents. Each member from an education district shall be elected and voted on by the voters of the entire Gilmer County School District."

SECTION 2.

Said Act is further amended by striking Section 2 of said Act and inserting in its place the following:

"SECTION 2.

(a) Those members of the Board of Education of Gilmer County who are serving as such on December 31, 2012, and any person selected to fill a vacancy in any such office shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors. Education Districts 1, 2, 3, 4, and 5, as they exist on December 31, 2012, shall continue to be designated as Education Districts 1, 2, 3, 4, and 5, respectively, but as newly described under this Act, and on and after January 1, 2013, such members of the board serving from those former education districts shall be deemed to be serving from and representing their respective districts as newly described under this Act.

(b)(1) Successors to the members of the board of education from Education Districts 4 and 5 whose terms expire December 31, 2014, shall be elected in a nonpartisan election in 2014. They shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. Thereafter, future successors shall be elected at the nonpartisan election immediately preceding the expiration of their terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified.

(2) Successors to the members of the board of education from Education Districts 1, 2, and 3 whose terms expire December 31, 2012, shall be elected in a nonpartisan election in 2012. They shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. Thereafter, future successors shall be elected at the nonpartisan election immediately preceding the expiration of their terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified.

(c) Members of the board of education shall be elected at nonpartisan elections to be held and conducted as provided in Code Sections 21-2-139 and 21-2-284.1 and other applicable provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the 'Georgia Election Code.'"

SECTION 3.

The Board of Education of Gilmer 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 4.

This section and Section 3 of this Act and those provisions of this Act necessary for the election of members of the Board of Education of Gilmer County in 2012 shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. The remaining provisions of this Act shall become effective January 1, 2013.

SECTION 5.

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