Georgia Senate - 1995/1996 Sessions

SB 459 - Bartow Co. Bd. of Ed. - district composition

Page Numbers - 1/ 2/ 3

1. Dean  31st             2. Marable  52nd


Senate Comm: SLGO       /         House Comm: LLeg       /                                          
Senate Vote: Yeas 50    Nays 1                                                                      
           ---------------------------------------------                                            
              Senate          Action          House                                                 
           ---------------------------------------------                                            
             3/6/95    Read 1st time          3/10/95                                               
             3/9/95    Favorably Reported     1/30/96                                               
                       Committee Amend/Sub    Sub                                                   
                       Read 2nd Time          3/13/95                                               
                       Read 3rd Time          1/30/96                                               
             3/9/95    Passed/Adopted         1/30/96                                               
                       Comm/Floor Amend/Sub   CS                                                    
             3/8/96*   Amend/Sub Agreed To    3/13/96*                                              
             3/27/96   Sent To Governor                                                             
             4/1/96    Signed by Governor                                                           
             723       Act/Veto Number                                                              
           ---------------------------------------------                                            
*3/8/96  Senate agrees to House substitute as amended by Senate.                                    
*3/13/96  House agrees to Senate amendment to House substitute.                                     
                                                                                                    
Code Sections amended:                                                                              


SB 459 96                                            SB459/AP

      SENATE BILL 459

      By:  Senators Dean of the 31st and Marable of the 52nd


                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend an Act providing for the Board of Education of
  1- 2  Bartow County, approved March 30, 1987 (Ga. L. 1987, p.
  1- 3  4915), so as to provide for a statement of purpose; to
  1- 4  provide for an advisory referendum election to be held in
  1- 5  the Bartow County School District for the purpose of
  1- 6  determining whether each of the five members of the Bartow
  1- 7  County Board of Education should reside in a single-member
  1- 8  education district and be elected by the voters residing
  1- 9  only in that education district or should reside in a
  1-10  single-member education district and be elected by the
  1-11  voters of the entire Bartow County School District; to
  1-12  provide for legislative findings and declarations; to
  1-13  provide for procedures and requirements; to provide for
  1-14  other matters relative to the foregoing; to provide for the
  1-15  submission of this Act; to repeal conflicting laws; and for
  1-16  other purposes.

  1-17       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-18  It is the purpose of this Act to provide for an advisory
  1-19  referendum election to be held in the Bartow County School
  1-20  District for the purpose of ascertaining whether the
  1-21  electors of such school district are in favor of each of the
  1-22  five members of the Bartow County Board of Education being
  1-23  required to reside in a single-member education district and
  1-24  be elected by the voters residing only in that education
  1-25  district or being required to reside in a single-member
  1-26  education district and be elected by the voters of the
  1-27  entire Bartow County School District.

                         SECTION 2.

  1-28  An Act providing for the Board of Education of Bartow
  1-29  County, approved March 30, 1987 (Ga. L. 1987, p. 4915), is
  1-30  amended by adding to said Act a new Section 1.1 to read as
  1-31  follows:



                             S. B. 459
                                 -1- (Index)

                                                    SB459/AP

  2- 1                         "SECTION 1.1.

  2- 2    (a) Unless prohibited by the federal Voting Rights Act of
  2- 3    1965, as amended, the election superintendent of Bartow
  2- 4    County shall call and conduct an advisory referendum
  2- 5    election as provided in this section for the purpose of
  2- 6    submitting one question to the electors of the Bartow
  2- 7    County School District to determine whether the electors
  2- 8    of such school district are in favor of each of the five
  2- 9    members of the Bartow County Board of Education: (1) being
  2-10    required to reside in a single-member education district
  2-11    and be elected by the voters residing only in that
  2-12    education district, or (2) being required to reside in a
  2-13    single-member education district and be elected by the
  2-14    voters of the entire Bartow County School District. The
  2-15    superintendent shall set the date of such election for the
  2-16    Tuesday after the first Monday in November, 1996, and
  2-17    shall issue the call therefor not less than 30 nor more
  2-18    than 60 days prior to that date.  The superintendent shall
  2-19    cause the date and purpose of the election to be published
  2-20    once a week for two weeks immediately preceding the date
  2-21    thereof in the official organ of Bartow County. The ballot
  2-22    shall have written or printed thereon the following:

  2-23                 'Advisory Referendum Election

  2-24      Select the manner of electing members of the Board of
  2-25      Education of Bartow County which you prefer by placing a
  2-26      check (/) mark or (X) in the appropriate space below.
  2-27      Vote for only one of the options below.

  2-28      If the Bartow County School District is divided into
  2-29      five education districts with one member of the board of
  2-30      education residing in each education district, do you
  2-31      want:

  2-32        _________ (1) The member of the board of education
  2-33        residing in each education district to be elected by
  2-34        the voters residing only within that education
  2-35        district; or

  2-36        _________ (2) Each member of the board of education to
  2-37        be elected by the voters of the entire Bartow County
  2-38        School District?'

  2-39    (b) It shall be the duty of the election superintendent of
  2-40    Bartow County to hold and conduct the advisory election
  2-41    provided for in this section and to tabulate the results
  2-42    of such election.  It shall be the further duty of said


                             S. B. 459
                                 -2- (Index)
42     2
                                                    SB459/AP

  3- 1    superintendent to certify the results of said election to
  3- 2    the Secretary of State and to each member of the General
  3- 3    Assembly whose Senatorial or Representative District lies
  3- 4    wholly or partially within Bartow County.  The expense of
  3- 5    such election shall be borne by Bartow County.

  3- 6    (c) It is found, determined, and declared that the holding
  3- 7    of the advisory referendum election provided for in this
  3- 8    section is in all respects for the benefit of the people
  3- 9    of Bartow County and the Bartow County School District, is
  3-10    for a public purpose, and is an essential governmental
  3-11    function for which public funds may be expended."

                         SECTION 3.

  3-12  Pursuant to Section 5 of the federal Voting Rights Act of
  3-13  1965, as amended, it shall be the duty of the attorney of
  3-14  the Board of Education of Bartow County to submit this Act
  3-15  to the United States Attorney General for approval pursuant
  3-16  to Section 5 of the federal Voting Rights Act of 1965, as
  3-17  amended.

                         SECTION 4.

  3-18  All laws and parts of laws in conflict with this Act are
  3-19  repealed.
























                             S. B. 459
                                 -3- (Index)