Georgia 2023-2024 Regular Session

Georgia House Bill HR564 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	23 LC 50 0579
2	2	H. R. 564
3	3	- 1 -
4	4	House Resolution 564
5	5	By: Representatives Dubnik of the 29
6	6	th
7	7	, Jones of the 47
8	8	th
9	9	, Erwin of the 32
10	10	nd
11	11	, Jones of the 25
12	12	th
13	13	,
14	14	Jasperse of the 11
15	15	th
16	16	, and others
17	17	A RESOLUTION
18	18	Proposing an amendment to the Constitution so as to provide for the election of members of
19	19	1
20	20	the State Board of Education by the members of the House of Representatives and Senate2
21	21	whose respective districts are embraced or partly embraced by each congressional district of3
22	22	this state; to provide for appointment of the State School Superintendent by the State Board4
23	23	of Education and other matters relative to the foregoing changes; to provide for submission5
24	24	of this amendment for ratification or rejection; and for other purposes.6
25	25	BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:7
26	26	SECTION 1.8
27	27	Article II, Section III, Paragraph I of the Constitution is amended by revising subparagraphs9
28	28	(a) and (b) as follows:10
29	29	"Paragraph I. Procedures for and effect of suspending or removing public officials11
30	30	upon felony indictment. (a) As used in this Paragraph, the term 'public official' means the12
31	31	Governor, the Lieutenant Governor, the Secretary of State, the Attorney General, the State
32	32	13
33	33	School Superintendent, the Commissioner of Insurance, the Commissioner of Agriculture,14
34	34	the Commissioner of Labor, and any member of the General Assembly.15
35	35	(b) Upon indictment for a felony by a grand jury of this state or by the United States,16
36	36	which felony indictment relates to the performance or activities of the office of any public17 23 LC 50 0579
37	37	H. R. 564
38	38	- 2 -
39	39	official, the Attorney General or district attorney shall transmit a certified copy of the
40	40	18
41	41	indictment to the Governor or, if the indicted public official is the Governor, to the19
42	42	Lieutenant Governor who shall, subject to subparagraph (d) of this Paragraph, appoint a20
43	43	review commission. If the indicted public official is the Governor, the commission shall21
44	44	be composed of the Attorney General, the Secretary of State, the State School
45	45	22
46	46	Superintendent, the Commissioner of Insurance, the Commissioner of Agriculture, and the23
47	47	Commissioner of Labor. If the indicted public official is the Attorney General, the24
48	48	commission shall be composed of three other public officials who are not members of the25
49	49	General Assembly. If the indicted public official is not the Governor, the Attorney26
50	50	General, or a member of the General Assembly, the commission shall be composed of the27
51	51	Attorney General and two other public officials who are not members of the General28
52	52	Assembly. If the indicted public official is a member of the General Assembly, the29
53	53	commission shall be composed of the Attorney General and one member of the Senate and30
54	54	one member of the House of Representatives. If the Attorney General brings the31
55	55	indictment against the public official, the Attorney General shall not serve on the32
56	56	commission. In place of the Attorney General, the Governor shall appoint a retired33
57	57	Supreme Court Justice or a retired Court of Appeals Judge. The commission shall provide34
58	58	for a speedy hearing, including notice of the nature and cause of the hearing, process for35
59	59	obtaining witnesses, and the assistance of counsel. Unless a longer period of time is36
60	60	granted by the appointing authority, the commission shall make a written report within 1437
61	61	days. If the commission determines that the indictment relates to and adversely affects the38
62	62	administration of the office of the indicted public official and that the rights and interests39
63	63	of the public are adversely affected thereby, the Governor or, if the Governor is the indicted40
64	64	public official, the Lieutenant Governor shall suspend the public official immediately and41
65	65	without further action pending the final disposition of the case or until the expiration of the42
66	66	officer's term of office, whichever occurs first. During the term of office to which such43
67	67	officer was elected and in which the indictment occurred, if a nolle prosequi is entered, if44 23 LC 50 0579
68	68	H. R. 564
69	69	- 3 -
70	70	the public official is acquitted, or if after conviction the conviction is later overturned as
71	71	45
72	72	a result of any direct appeal or application for a writ of certiorari, the officer shall be46
73	73	immediately reinstated to the office from which he was suspended. While a public official47
74	74	is suspended under this Paragraph, the officer shall not be entitled to receive the48
75	75	compensation from his or her office. If the officer is reinstated to office, he or she shall be49
76	76	entitled to receive any compensation withheld under the provisions of this Paragraph."50
77	77	SECTION 2.51
78	78	Article V, Section II, Paragraph VIII of the Constitution is amended by revising52
79	79	subparagraph (b) as follows:53
80	80	"(b) In case of the death or withdrawal of a person who received a majority of votes cast54
81	81	in an election for the office of Secretary of State, Attorney General, State School
82	82	55
83	83	Superintendent, Commissioner of Insurance, Commissioner of Agriculture, or56
84	84	Commissioner of Labor, the Governor elected at the same election, upon becoming57
85	85	Governor, shall have the power to fill such office by appointing, subject to the confirmation58
86	86	of the Senate, an individual to serve until the next general election and until a successor for59
87	87	the balance of the unexpired term shall have been elected and qualified."60
88	88	SECTION 3.61
89	89	Article V, Section III of the Constitution is amended by revising Paragraph I as follows:62
90	90	"Paragraph I. Other executive officers, how elected. The Secretary of State, Attorney63
91	91	General, State School Superintendent, Commissioner of Insurance, Commissioner of64
92	92	Agriculture, and Commissioner of Labor shall be elected in the manner prescribed for the65
93	93	election of members of the General Assembly and the electors shall be the same. Such66
94	94	executive officers shall be elected at the same time and hold their offices for the same term67
95	95	as the Governor."68 23 LC 50 0579
96	96	H. R. 564
97	97	- 4 -
98	98	SECTION 4.
99	99	69
100	100	Article V, Section III, Paragraph II of the Constitution is amended by revising subparagraph70
101	101	(a) as follows:71
102	102	"Paragraph II. Qualifications. (a) No person shall be eligible to the office of the72
103	103	Secretary of State, Attorney General, State School Superintendent,
104	104	Commissioner of73
105	105	Insurance, Commissioner of Agriculture, or Commissioner of Labor unless such person74
106	106	shall have been a citizen of the United States for ten years and a legal resident of the state75
107	107	for four years immediately preceding election or appointment and shall have attained the76
108	108	age of 25 years by the date of assuming office. All of said officers shall take such oath and77
109	109	give bond and security, as prescribed by law, for the faithful discharge of their duties."78
110	110	SECTION 5.79
111	111	Article V, Section IV of the Constitution is amended by revising Paragraph I as follows:80
112	112	"Paragraph I. 'Elected constitutional executive officer,' how defined. As used in this81
113	113	section, the term 'elected constitutional executive officer' means the Governor, the82
114	114	Lieutenant Governor, the Secretary of State, the Attorney General, the State School83
115	115	Superintendent, the Commissioner of Insurance, the Commissioner of Agriculture, and the84
116	116	Commissioner of Labor."85
117	117	SECTION 6.86
118	118	Article VIII, Section II, Paragraph I of the Constitution is amended by revising subparagraph87
119	119	(a) as follows:88
120	120	"Paragraph I. State Board of Education. (a) There shall be a State Board of Education89
121	121	which shall consist of one member from each congressional district in the state appointed90
122	122	by the Governor and confirmed by the Senate composed of as many members as there are91
123	123	congressional districts in the state. The member of the board from each congressional92
124	124	district shall be elected by a majority vote of the members of the House of Representatives93 23 LC 50 0579
125	125	H. R. 564
126	126	- 5 -
127	127	and Senate whose respective districts are embraced or partly embraced within such94
128	128	congressional district meeting in caucus. The members of the board in office on June 30,95
129	129	2023, shall serve out the remainder of their respective terms. The General Assembly shall96
130	130	provide by law the procedure for the election of members and for filling vacancies on the97
131	131	board. Members shall serve for terms of two years and until their successors are elected98
132	132	and qualified. The Governor shall not be a member of said board. The ten members in99
133	133	office on June 30, 1983, shall serve out the remainder of their respective terms. As each100
134	134	term of office expires, the Governor shall appoint a successor as herein provided. The101
135	135	terms of office of all members appointed after the effective date of this Constitution shall102
136	136	be for seven years. Members shall serve until their successors are appointed and qualified.103
137	137	In the event of a vacancy on the board by death, resignation, removal, or any reason other104
138	138	than expiration of a member's term, the Governor shall fill such vacancy; and the person105
139	139	so appointed shall serve until confirmed by the Senate and, upon confirmation, shall serve106
140	140	for the unexpired term of office."107
141	141	SECTION 7.108
142	142	Article VIII, Section III of the Constitution is amended by revising Paragraph I as follows:109
143	143	"Paragraph I. State School Superintendent. There shall be a State School110
144	144	Superintendent, who shall be the executive officer of the State Board of Education, elected111
145	145	at the same time and in the same manner and for the same term as that of the Governor.112
146	146	The State School Superintendent shall be appointed by the State Board of Education. The113
147	147	State School Superintendent shall serve a term of office congruous with the Governor's114
148	148	term, or until his or her removal from office; provided, however, that the person elected as115
149	149	State School Superintendent in 2022 shall serve for the term to which such person was116
150	150	elected. The State School Superintendent shall have such qualifications and shall be paid117
151	151	such compensation as may be fixed by law. No member of the State Board of Education118 23 LC 50 0579
152	152	H. R. 564
153	153	- 6 -
154	154	shall be eligible for election appointment as State School Superintendent during the time119
155	155	term for which such member shall have been appointed elected."120
156	156	SECTION 8.121
157	157	The above proposed amendment to the Constitution shall be published and submitted as122
158	158	provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the123
159	159	above proposed amendment shall have written or printed thereon the following:124
160	160	"( ) YES125
161	161	126
162	162	( ) NO 127
163	163	128
164	164	129
165	165	Shall the Constitution be amended so as to provide for the election of
166	166	members to the State Board of Education by members of the House of
167	167	Representatives and Senate for each congressional district and for
168	168	appointment of the State School Superintendent by the State Board of
169	169	Education?"
170	170	All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes."
171	171	130
172	172	All persons desiring to vote against ratifying the proposed amendment shall vote "No." If131
173	173	such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall132
174	174	become a part of the Constitution of this state.133