 |
|
 |
| Georgia General Assembly |
HB1129.html
02 LC 9 1001
House Bill
1129
By: Representative Amerson 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 Name: gilmersb1 Plan
Type: Local User: staff Administrator: Gilmer
Co.
(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 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 2000 for the State
of Georgia. 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 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 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, 2002, 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, 2002, 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, 2003, 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, 2002,
shall be nominated in a nonpartisan primary and elected in a nonpartisan
election to be held and conducted at the same times as the general primary and
the general election in 2002. 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 primary and election held at the same times as the
general primary and 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, 2004, shall be nominated in a nonpartisan primary and
elected in a nonpartisan election to be held and conducted at the same times as
the general primary and the general election in 2004. 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 primary and election held at the
same times as the general primary and 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) Each
member of the board of education shall be nominated and elected at nonpartisan
primaries and elections 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.
It shall be the duty of the attorney of the Board of
Education of Gilmer County to submit this Act for approval pursuant to Section 5
of the federal Voting Rights Act of 1965, as amended.
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 2002 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,
2003.
SECTION 5.
All laws and parts of laws in conflict with this Act are
repealed.