Bill Text: GA HB22 | 2011-2012 | Regular Session | Introduced

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Bill Title: DeKalb County; board of education; revise composition

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Introduced - Dead) 2011-03-14 - House Second Readers [HB22 Detail]

Download: Georgia-2011-HB22-Introduced.html

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11 LC 28 5312

House Bill 22

By: Representatives Oliver of the 83rd, Mitchell of the 88th, Drenner of the 86th, Gardner of the 57th, Jacobs of the 80th, and others

A BILL TO BE ENTITLED
AN ACT

To amend an Act establishing in DeKalb County districts from which members of the county board of education shall be elected, approved April 12, 1963 (Ga. L. 1963, p. 3424), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4536), and by an Act approved March 14, 1984 (Ga. L. 1984, p. 4192), so as to revise the composition of the board of education; to shorten the terms of certain members of the board of education; to provide for new terms of office and manner of election; to provide for the nonpartisan election of members of the board of education; to provide for related matters; to provide for referendums and the submission of questions related thereto to the electors of the DeKalb County School District for approval or rejection; to provide for effective dates and automatic repeals; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I.
SECTION 1-1.

An Act establishing in DeKalb County districts from which members of the county board of education shall be elected, approved April 12, 1963 (Ga. L. 1963, p. 3424), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4536), and by an Act approved March 14, 1984 (Ga. L. 1984, p. 4192), is amended by revising Sections 1, 2, and 3 to read as follows:

"SECTION 1.

(a) There is created the board of education of DeKalb County. On and after January 1, 2013, the board shall consist of five members elected as provided in this section.

(b) For the purpose of electing the members of the board of education, DeKalb County shall be divided into five education districts. One member of the board shall be elected from each education district by the electors of such education district.

(c) The boundaries of the five education districts shall be established by the General Assembly by local law in the 2012 regular session of the General Assembly based upon the 2010 United States decennial census. Such education districts shall be designed as Education Districts 1, 2, 3, 4, and 5.

SECTION 2.

(a) Those members of the board of education in office on the effective date of this Act and any person selected to fill a vacancy in any such offices shall serve until December 31, 2012, at which time their terms of office shall end.

(b) In the 2012 general election, members of the board of education from Education Districts 1, 3, and 5 shall be elected. Such members shall take office on January 1, 2013, and shall serve terms of office of four years and until their respective successors are elected and qualified. Thereafter, successors shall be elected at the November general election immediately preceding the expiration of the term of office of each respective member and shall take office on the first day of January following such election for a term of office of four years and until a successor is elected and qualified.

(c) In the 2012 general election, members of the board of education from Education Districts 2 and 4 shall be elected. Such members shall take office on January 1, 2013, and shall serve terms of office of two years and until their respective successors are elected and qualified. Thereafter, successors shall be elected at the November general election immediately preceding the expiration of the term of office of each respective member and shall take office on the first day of January following such election for a term of office of four years and until a successor is elected and qualified.

SECTION 3.

Elections for members of the board of education shall be conducted on a nonpartisan basis in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'"

PART II.
SECTION 2-1.

An Act establishing in DeKalb County districts from which members of the county board of education shall be elected, approved April 12, 1963 (Ga. L. 1963, p. 3424), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4536), and by an Act approved March 14, 1984 (Ga. L. 1984, p. 4192), is amended by revising Sections 1, 2, and 3 to read as follows:

"SECTION 1.

(a) There is created the board of education of DeKalb County. On and after January 1, 2013, the board shall consist of seven members elected as provided in this section.

(b) For the purpose of electing the members of the board of education, DeKalb County shall be divided into five education districts designated as Education Districts 1, 2, 3, 4, and 5. In addition, DeKalb County shall also be divided into two superdistricts which shall be designated as Education Districts 6 and 7. One member of the board shall be elected from each education district by the electors of such education district.

(c) The boundaries of the seven education districts shall be established by the General Assembly by local law in the 2012 regular session of the General Assembly based upon the 2010 United States decennial census.

SECTION 2.

(a) Those members of the board of education in office on the effective date of this Act and any person selected to fill a vacancy in any such offices shall serve until December 31, 2012, at which time their terms of office shall end.

(b) In the 2012 general election, members of the board of education from Education Districts 1, 3, 5, and 7 shall be elected. Such members shall take office on January 1, 2013, and shall serve terms of office of four years and until their respective successors are elected and qualified. Thereafter, successors shall be elected at the November general election immediately preceding the expiration of the term of office of each respective member and shall take office on the first day of January following such election for a term of office of four years and until a successor is elected and qualified.

(c) In the 2012 general election, members of the board of education from Education Districts 2, 4, and 6 shall be elected. Such members shall take office on January 1, 2013, and shall serve terms of office of two years and until their respective successors are elected and qualified. Thereafter, successors shall be elected at the November general election immediately preceding the expiration of the term of office of each respective member and shall take office on the first day of January following such election for a term of office of four years and until a successor is elected and qualified.

SECTION 3.

Elections for members of the board of education shall be conducted on a nonpartisan basis in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'"

PART III.
SECTION 3-1.

Unless otherwise prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of DeKalb County shall call and conduct an election on the Tuesday after the first Monday in November 2011 as provided in this section for the purpose of submitting this Act to the electors of the DeKalb County School District for approval or rejection. The election superintendent shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of DeKalb County. The ballot shall have written or printed thereon the words:

"QUESTION NO. 1

(  )  YES (  )  NO

Shall the board of education of DeKalb County be changed from a nine-member board to a five-member or seven-member board?

QUESTION NO. 2

	If a majority of the votes cast on Question No. 1 are in favor of changing the form of the board of education of DeKalb County, select the form of the board of education which you favor by placing a check (✓) mark or (X) in the appropriate space below. Vote for only one of the options below:
________ ________	OPTION 1 A five-member board composed of five members elected by district. OPTION 2 A seven-member board composed of five members elected by district and two additional members elected from superdistricts."

No elector shall vote for more than one of the options in Question No. 2. All persons desiring to vote for approval of changing the form of the board of education of DeKalb County to either a board consisting of five members elected by district or a board consisting of seven members with five members elected by district and two additional members elected from superdistricts shall vote "Yes" on Question No. 1, and those persons desiring to vote against changing the form of the board of education of DeKalb County to either a board consisting of five members elected by district or a board consisting of seven members with five members elected by district and two additional members elected from superdistricts shall vote "No" on Question No. 1. If more than one-half of the votes cast on Question No. 1 are for approval of changing the form of the board of education of DeKalb County to either a board consisting of five members elected by district or a board consisting of seven members with five members elected by district and two additional members elected from superdistricts, then either Part I or II of this Act shall become effective as provided in this section; otherwise, neither Part I nor II shall become effective and this Act shall be automatically repealed on the first day of January following that election date. If more than one-half of the votes cast on Question No. 1 are for approval of changing the form of the board of education of DeKalb County to either a board consisting of five members elected by district or a board consisting of seven members with five members elected by district and two additional members elected from superdistricts and more than one-half of the votes cast on Question No. 2 are cast in favor of Option 1 or there is a tie vote between Option 1 and Option 2, then Part I of this Act shall become effective on January 1, 2012, and Part II of this Act shall be automatically repealed on January 1, 2012. If more than one-half of the votes cast on Question No. 1 are for approval of changing the form of the board of education of DeKalb County to either a board consisting of five members elected by district or a board consisting of seven members with five members elected by district and two additional members elected from superdistricts and more than one-half of the votes cast on Question No. 2 are cast in favor of Option 2, then Part II of this Act shall become effective on January 1, 2012, and Part I of this Act shall be automatically repealed on January 1, 2012. Only electors residing in the DeKalb County School District shall vote in this referendum. The expense of such election shall be borne by DeKalb County. It shall be the duty of the election superintendent to certify the results thereof to the Secretary of State.

SECTION 3-2.

It shall be the duty of the attorney for the governing authority of DeKalb County to submit this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended.

SECTION 3-3.

Except as otherwise provided in Section 3-1 of this Act, this Act shall become effective upon its approval by the Governor or its becoming law without such approval.

SECTION 3-4.

All laws and parts of laws in conflict with this Act are repealed.