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HB1359.html
02 LC 28 0487
House Bill
1359
By: Representative Shaw of the 176th
A BILL TO BE
ENTITLED
AN ACT
To amend an Act creating a new board of education of Lanier
County, approved March 13, 1970 (Ga. L. 1970, p. 2709), as amended,
particularly by an Act approved March 20, 1985 (Ga. L. 1985, p. 3966),
so as to revise the education districts for the election of members of the board
of education; to provide for definitions and inclusions; to provide for the
manner of election; to provide for qualifications; to provide for submission of
this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act
of 1965, as amended; to provide for related matters; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
An Act creating a new board of education of Lanier County,
approved March 13, 1970 (Ga. L. 1970, p. 2709), as amended,
particularly by an Act approved March 20, 1985 (Ga. L. 1985, p. 3966),
is amended by striking Section 2 in its entirety and inserting in lieu thereof a
new Section 2 to read as follows:
"SECTION
2.
(a) Those members of the board of education of Lanier
County who are serving as such on the effective date of this Act and any person
selected to fill a vacancy in any such offices shall continue to serve as such
members for the remainder of the terms of office to which they were elected and
until their successors are elected and qualified.
(b)
For the purpose of electing members of the board of education of Lanier County,
Lanier County shall be divided into four education districts. One member of the
board shall be elected from each such district. Those districts shall be and
correspond to those four numbered districts described in and attached to and
made a part of this Act and further identified as Plan Name: lanierccsbp1 Plan
Type: Local User: Tara Administrator: Lanier Co.
(c)
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 Lanier County 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 Lanier County 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 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.
(d)
The members of the board of education who were elected at the general election
in November 1998 shall continue in office for the terms to which they were
elected and until successors are elected and qualified as provided in this
section. The members of the board of education who were elected at the general
election in November 2000 shall continue in office for the terms to which they
were elected and until successors are elected and qualified as provided in this
section.
(e) The first members of the reconstituted
board of education of Lanier County from Education Districts 1, 3, and 4 shall
be elected in the state-wide general election in November 2002. Such members
shall take office on January 1 following their election for terms of four years
and until their successors are elected and
qualified.
(f) The first member of the reconstituted
board of education of Lanier County from Education District 2 shall be elected
in the state-wide general election in November 2004. Such member shall take
office on January 1 following his or her election for a term of four years and
until his or her successor is elected and
qualified.
(g) The first chairperson of the
reconstituted board of education of Lanier County shall be by all of the
qualified voters of Lanier County voting in the state-wide general election in
November 2004. Such chairperson shall take office on January 1 following his or
her election for a term of four years and until his or her successor is elected
and qualified.
(h) Successors to members elected under
subsections (e), (f), and (g) of this section shall be elected at the state-wide
general election next preceding the expiration of such terms of office and shall
take office on January 1 following their election for terms of four years and
until their successors are elected and qualified.
(i)
The members of the board of education shall be residents of the education
districts they represent and shall be elected by the qualified voters voting
within their respective education districts. The chairperson shall be a
resident of Lanier County and shall be elected by the qualified voters of the
entire county.
(j) In the event that any member
elected from a district ceases to be a resident of his or her respective
education district during his or her term of office, a vacancy shall be created
and shall be filled in the manner provided in Section 3 of this Act. In all
elections conducted pursuant to this Act, each candidate shall designate, at the
time of qualifying, the district or chairperson post for which he or she offers
as a candidate. All members shall be nominated and elected in accordance with
the provisions of Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election
Code,' as now or hereafter amended.
(k) Education
Districts 1, 2, 3, and 4 as they exist immediately prior to the effective date
of this Act shall continue to be designated as Education Districts 1, 2, 3, and
4, respectively, but as newly described under this Act, and, on and after the
effective date of this Act, 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
section."
SECTION 2.
It shall be the duty of the attorney of the board of
education of Lanier County to submit this Act for approval pursuant to Section 5
of the federal Voting Rights Act of 1965, as amended.
SECTION 3.
All laws and parts of laws in conflict with this Act are
repealed.