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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.