Bill Text: GA HB894 | 2011-2012 | Regular Session | Introduced

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Bill Title: School systems; election to dissolve an independent school system if it becomes financially insolvent; provide

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2012-02-07 - House Second Readers [HB894 Detail]

Download: Georgia-2011-HB894-Introduced.html

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12 LC 33 4532

House Bill 894

By: Representatives Black of the 174th, Carter of the 175th, and Shaw of the 176th

A BILL TO BE ENTITLED
AN ACT

To amend Article 8 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to consolidation of independent and county school systems, so as to provide for an election to dissolve an independent school system in the event that it becomes financially insolvent; to require a majority vote of the qualified voters in both the independent school district and the county school district; to provide that an election to dissolve by petition may not be held more often than every 36 months; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 8 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to consolidation of independent and county school systems, is amended by revising Code Section 20-2-370, relating to referendum on repeal of special school law and consolidation of systems, as follows:

"20-2-370.

(a)(1) Whenever the citizens of a municipality or an independent school district authorized by law to establish and maintain a system of schools by local taxation in whole or in part are operating a system of public schools independent of the county school system and wish to annul their special school law and become a part of the county school system, they shall present and file with the governing authority of both the city and the county in which the independent school system is located a petition signed by one-fourth of the qualified voters of their territory both the independent school district and the county.;

(2) Whenever an independent school district authorized by law to establish and maintain a system of schools by local taxation in whole or in part is operating a system of public schools independent of the county school system and becomes or is expected to become financially insolvent, the local school superintendent shall recommend to the local board that the local board approve a resolution requesting that the state auditor certify such actual or impending financial insolvency and calling for a referendum to annul their special school law and become a part of the county school system. Upon certification by the state auditor, the local board shall present and file such resolution with the governing authority of both the city and the county in which the independent school system is located.

(b) Upon receipt of a petition or resolution pursuant to subsection (a) of this Code section, the and the governing authority of both the city and the county shall then submit the question at an election to be held in accordance with Chapter 2 of Title 21. A majority of those voting shall be necessary to carry the election. Only qualified Qualified voters residing within either the municipality or independent school district or the county at large for six months prior to the election shall be eligible to vote.

(c) An election pursuant to a petition under paragraph (1) of subsection (a) of this Code section shall not be held for the same purpose more often than every 12 36 months."

SECTION 2.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 3.

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