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HB1629.html
04 LC 25 3541/AP
House Bill 1629 (AS PASSED HOUSE
AND SENATE) By: Representative Hanner of the
133rd
A BILL TO BE
ENTITLED AN ACT
To reconstitute the Board of Education of Terrell County; 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
filling of vacancies; to provide for compensation; to provide for submission of
this Act for preclearance under the federal Voting Rights Act of 1965, as
amended; to repeal a specific Act; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
The Board of Education of Terrell County which existed on
March 31, 2004, is continued in existence but on and after April 1, 2004, shall
be constituted as provided in this Act. The Board of Education of Terrell
County so continued and constituted, sometimes referred to in this Act as the
"board," shall continue to have the powers, duties, rights, obligations, and
liabilities of that board as existed immediately prior to April 1, 2004.
SECTION 2.
(a) Those members of the Board of Education of Terrell
County who are serving as such on March 31, 2004, 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. On and after April 1, 2004,
the Board of Education of Terrell County shall consist of five members all of
whom shall be elected from education districts described in subsection (b) of
this section. (b) For purposes of electing members of
the board of education, the Terrell County School District is divided into five
education districts. One member of the board shall be elected from each such
district. 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: terrsb2 Plan Type: Local User: staff
Administrator: Terrell. (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 the Terrell
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 Terrell 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.
SECTION 3.
(a) No person shall be a member of the board if that person
is ineligible for such office pursuant to Code Sections 45-2-1 and 20-2-51 of
the O.C.G.A. or any other general law applicable to that
office. (b) In order to be elected or appointed as a
member of the board from an education district, a person must have that
person´s
legal residence in that district and, if elected, must receive the number of
votes cast as required by general law for that office in that district only and
not at large. Only electors who are residents of that education district may
vote for a member of the board for that district. At the time of qualifying for
election as a member of the board from an education district, each candidate for
such office shall specify the education district for which that person is a
candidate. A person elected or appointed as a member of the board from an
education district must continue to reside in that district during that
person´s
term of office or that office shall become vacant.
SECTION 4.
(a) The first members of the reconstituted Board of
Education of Terrell County shall be elected at the general election on the
Tuesday next following the first Monday in November, 2004. The members of the
board elected thereto in 2004 shall take office the first day of January
immediately following that election and shall serve for initial terms of office
which expire December 31, 2008, and upon the election and qualification of their
respective successors. Those and all future successors to members of the board
whose terms of office are to expire shall be elected at the time of the
state-wide general election immediately preceding the expiration of such terms,
shall take office the first day of January immediately following that election,
and shall serve for terms of office of four years each. Members of the board
shall serve for the terms of office specified therefor in this subsection and
until their respective successors are elected and
qualified. (b) Education Districts 1 through 5, as
they exist on March 31, 2004, shall continue to be designated as Education
Districts 1 through 5, respectively, but as newly described under this Act, and
on and after April 1, 2004, 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. (c) All members of the board who are elected
thereto shall be nominated and elected in accordance with Chapter 2 of Title 21
of the O.C.G.A., the "Georgia Election Code" in nonpartisan elections as
provided in Code Section 21-2-139 of the
O.C.G.A. (d)(1) Any vacancy in office upon the board
which occurs for any reason other than expiration of term shall be filled by
majority vote of the remaining members of the
board. (2) Any person appointed to fill a vacancy in
office pursuant to paragraph (1) of this subsection shall meet the same
eligibility requirements specified for persons who are elected to such office
and shall serve out the remainder of the unexpired term and until a successor is
elected and qualified.
SECTION 5.
Members of the Board of Education of Terrell County shall be
compensated in the amount of $50.00 per meeting. Members of the board,
including the chairperson, shall be reimbursed for the actual expenses
necessarily incurred for attending meetings in the performance of their official
duties when those meetings occur outside the Terrell County School
District.
SECTION 6.
The chairperson of the board shall be selected from the
membership of the board as provided in Code Section 20-2-57 of the
O.C.G.A.
SECTION 7.
The Board of Education of Terrell County shall through its
legal counsel cause this Act to be submitted for preclearance under the federal
Voting Rights Act of 1965, as amended; and such submission shall be made to the
United States Department of Justice or filed with the appropriate court no later
than 30 days after the date on which this Act is approved by the Governor or
otherwise becomes law without such approval.
SECTION 8.
An Act to reconstitute the Board of Education of Terrell
County, approved January 15, 1993 (Ga. L. 1993, p. 3620), is hereby
repealed.
SECTION 9.
All laws and parts of laws in conflict with this Act are
repealed.
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