Georgia 2025-2026 Regular Session

Georgia House Bill HR174 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25 LC 49 2331S
2		-	The House Committee on Education offers the following substitute to HR 174:
	1	+	25 LC 49 2140
	2	+	House Resolution 174
	3	+	By: Representatives Dubnik of the 29
	4	+	th
	5	+	, Jones of the 47
	6	+	th
	7	+	, Erwin of the 32
	8	+	nd
	9	+	, Wade of the 9
	10	+	th
	11	+	,
	12	+	and Corbett of the 174
	13	+	th
	14	+
3	15		A RESOLUTION
4		-	Proposing an amendment to the Constitution so as to provide for appointment of the state1
	16	+	Proposing an amendment to the Constitution so as to provide for appointment of the state
	17	+	1
5	18		school superintendent by the State Board of Education effective not later than2
6	19		January 1, 2031, and other matters relative to the foregoing changes; to provide for the3
7		-	election of members of the State Board of Education for ~~four~~-year terms by the members of4
	20	+	election of members of the State Board of Education for two-year terms by the members of4
8	21		the House of Representatives and Senate whose respective districts are embraced or partly5
9	22		embraced by each congressional district of this state; to provide for submission of this6
10	23		amendment for ratification or rejection; and for other purposes.7
11	24		BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:8
12	25		SECTION 1.9
13	26		Article II, Section III, Paragraph I of the Constitution is amended by revising10
14	27		subparagraphs (a) and (b) as follows:11
15	28		"Paragraph I. Procedures for and effect of suspending or removing public officials12
16	29		upon felony indictment. (a) As used in this Paragraph, the term 'public official' means the13
17	30		Governor, the Lieutenant Governor, the Secretary of State, the Attorney General, the State14
18		-	School Superintendent elected for such office in 2026, the Commissioner of Insurance, the15
	31	+	School Superintendent elected for such office in 2026
	32	+	, the Commissioner of Insurance, the15
19	33		Commissioner of Agriculture, the Commissioner of Labor, and any member of the General16
20	34		Assembly.17
21		-	H. R. 174 (SUB)
22		-	- 1 - 25 LC 49 2331S
23		-	(b) Upon indictment for a felony by a grand jury of this state or by the United States,18
	35	+	H. R. 174
	36	+	- 1 - 25 LC 49 2140
	37	+	(b) Upon indictment for a felony by a grand jury of this state or by the United States,
	38	+	18
24	39		which felony indictment relates to the performance or activities of the office of any public19
25	40		official, the Attorney General or district attorney shall transmit a certified copy of the20
26	41		indictment to the Governor or, if the indicted public official is the Governor, to the21
27	42		Lieutenant Governor who shall, subject to subparagraph (d) of this Paragraph, appoint a22
28	43		review commission. If the indicted public official is the Governor, the commission shall23
29	44		be composed of the Attorney General, the Secretary of State, the State School24
30		-	Superintendent elected for such office in 2026, the Commissioner of Insurance, the25
	45	+	Superintendent elected for such office in 2026
	46	+	, the Commissioner of Insurance, the25
31	47		Commissioner of Agriculture, and the Commissioner of Labor. If the indicted public26
32	48		official is the Attorney General, the commission shall be composed of three other public27
33	49		officials who are not members of the General Assembly. If the indicted public official is28
34	50		not the Governor, the Attorney General, or a member of the General Assembly, the29
35	51		commission shall be composed of the Attorney General and two other public officials who30
36	52		are not members of the General Assembly. If the indicted public official is a member of31
37	53		the General Assembly, the commission shall be composed of the Attorney General and one32
38	54		member of the Senate and one member of the House of Representatives. If the Attorney33
39	55		General brings the indictment against the public official, the Attorney General shall not34
40	56		serve on the commission. In place of the Attorney General, the Governor shall appoint a35
41	57		retired Supreme Court Justice or a retired Court of Appeals Judge. The commission shall36
42	58		provide for a speedy hearing, including notice of the nature and cause of the hearing,37
43	59		process for obtaining witnesses, and the assistance of counsel. Unless a longer period of38
44	60		time is granted by the appointing authority, the commission shall make a written report39
45	61		within 14 days. If the commission determines that the indictment relates to and adversely40
46	62		affects the administration of the office of the indicted public official and that the rights and41
47	63		interests of the public are adversely affected thereby, the Governor or, if the Governor is42
48	64		the indicted public official, the Lieutenant Governor shall suspend the public official43
49	65		immediately and without further action pending the final disposition of the case or until the44
50		-	H. R. 174 (SUB)
51		-	- 2 - 25 LC 49 2331S
52		-	expiration of the officer's term of office, whichever occurs first. During the term of office45
	66	+	H. R. 174
	67	+	- 2 - 25 LC 49 2140
	68	+	expiration of the officer's term of office, whichever occurs first. During the term of office
	69	+	45
53	70		to which such officer was elected and in which the indictment occurred, if a nolle prosequi46
54	71		is entered, if the public official is acquitted, or if after conviction the conviction is later47
55	72		overturned as a result of any direct appeal or application for a writ of certiorari, the officer48
56		-	shall be immediately reinstated to the office from which he or she was suspended. While49
	73	+	shall be immediately reinstated to the office from which he or she
	74	+	was suspended. While49
57	75		a public official is suspended under this Paragraph, the officer shall not be entitled to50
58	76		receive the compensation from his or her office. If the officer is reinstated to office, he or51
59	77		she shall be entitled to receive any compensation withheld under the provisions of this52
60	78		Paragraph."53
61	79		SECTION 2.54
62	80		Article V, Section II, Paragraph VIII of the Constitution is amended by revising55
63	81		subparagraph (b) as follows:56
64	82		"(b) In case of the death or withdrawal of a person who received a majority of votes cast57
65	83		in an election for the office of Secretary of State, Attorney General, State School58
66	84		Superintendent, Commissioner of Insurance, Commissioner of Agriculture, or59
67	85		Commissioner of Labor, the Governor elected at the same election, upon becoming60
68	86		Governor, shall have the power to fill such office by appointing, subject to the confirmation61
69	87		of the Senate, an individual to serve until the next general election and until a successor for62
70	88		the balance of the unexpired term shall have been elected and qualified."63
71	89		SECTION 3.64
72	90		Article V, Section III of the Constitution is amended by revising Paragraph I as follows:65
73	91		"Paragraph I. Other executive officers, how elected. The Secretary of State, Attorney66
74	92		General, State School Superintendent, Commissioner of Insurance, Commissioner of67
75	93		Agriculture, and Commissioner of Labor shall be elected in the manner prescribed for the68
76	94		election of members of the General Assembly and the electors shall be the same. Such69
77		-	H. R. 174 (SUB)
78		-	- 3 - 25 LC 49 2331S
79		-	executive officers shall be elected at the same time and hold their offices for the same term70
	95	+	H. R. 174
	96	+	- 3 - 25 LC 49 2140
	97	+	executive officers shall be elected at the same time and hold their offices for the same term
	98	+	70
80	99		as the Governor."71
81	100		SECTION 4.72
82	101		Article V, Section III, Paragraph II of the Constitution is amended by revising73
83	102		subparagraph (a) as follows:74
84	103		"Paragraph II. Qualifications. (a) No person shall be eligible to the office of the75
85		-	Secretary of State, Attorney General, State School Superintendent, Commissioner of76
	104	+	Secretary of State, Attorney General, State School Superintendent,
	105	+	Commissioner of76
86	106		Insurance, Commissioner of Agriculture, or Commissioner of Labor unless such person77
87	107		shall have been a citizen of the United States for ten years and a legal resident of the state78
88	108		for four years immediately preceding election or appointment and shall have attained the79
89	109		age of 25 years by the date of assuming office. All of said officers shall take such oath and80
90	110		give bond and security, as prescribed by law, for the faithful discharge of their duties."81
91	111		SECTION 5.82
92	112		Article V, Section IV of the Constitution is amended by revising Paragraph I as follows:83
93	113		"Paragraph I. 'Elected constitutional executive officer,' how defined. As used in this84
94	114		section, the term 'elected constitutional executive officer' means the Governor, the85
95	115		Lieutenant Governor, the Secretary of State, the Attorney General, the State School86
96	116		Superintendent elected for such office in 2026, the Commissioner of Insurance, the87
97	117		Commissioner of Agriculture, and the Commissioner of Labor."88
98	118		SECTION 6.89
99	119		Article VIII, Section II, Paragraph I of the Constitution is amended by revising90
100	120		subparagraph (a) as follows:91
101	121		"Paragraph I. State Board of Education. (a) There shall be a State Board of Education92
102	122		which shall consist of one member from each congressional district in the state appointed93
103		-	H. R. 174 ~~(SUB)~~
104		-	- 4 - 25 LC 49 ~~2331S~~
	123	+	H. R. 174
	124	+	- 4 - 25 LC 49 2140
105	125		by the Governor and confirmed by the Senate. The member of the board from each94
106	126		congressional district shall be elected by a majority vote of the members of the House of95
107	127		Representatives and Senate whose respective districts are embraced or partly embraced96
108	128		within such congressional district meeting in caucus. The members of the board in office97
109	129		on December 31, 2026, shall serve out the remainder of their respective terms. The98
110	130		General Assembly shall provide by law the procedure for the election of members and for99
111		-	filling vacancies on the board. Members shall serve for terms of ~~four~~ years and until their100
	131	+	filling vacancies on the board. Members shall serve for terms of two years and until their100
112	132		successors are elected and qualified. The Governor shall not be a member of said board.101
113	133		The ten members in office on June 30, 1983, shall serve out the remainder of their102
114	134		respective terms. As each term of office expires, the Governor shall appoint a successor103
115	135		as herein provided. The terms of office of all members appointed after the effective date104
116	136		of this Constitution shall be for seven years. Members shall serve until their successors are105
117	137		appointed and qualified. In the event of a vacancy on the board by death, resignation,106
118	138		removal, or any reason other than expiration of a member's term, the Governor shall fill107
119	139		such vacancy; and the person so appointed shall serve until confirmed by the Senate and,108
120	140		upon confirmation, shall serve for the unexpired term of office."109
121	141		SECTION 7.110
122	142		Article VIII, Section III of the Constitution is amended by revising Paragraph I as follows:111
123	143		"Paragraph I. State School Superintendent school superintendent. There shall be a112
124	144		State School Superintendent state school superintendent, who shall be the executive officer113
125	145		of the State Board of Education, elected at the same time and in the same manner and for114
126	146		the same term as that of the Governor. The person elected as state school superintendent115
127	147		in 2026 shall be elected at the same time and in the same manner and for the same term as116
128	148		that of the Governor and shall serve for the term to which such person was elected or until117
129	149		his or her withdrawal, resignation, or removal from office. Effective upon the earlier of118
130	150		January 1, 2031, or the death or withdrawal, resignation, or removal from office of the119
131		-	H. R. 174 ~~(SUB)~~
132		-	- 5 - 25 LC 49 ~~2331S~~
	151	+	H. R. 174
	152	+	- 5 - 25 LC 49 2140
133	153		person elected as state school superintendent in 2026, the state school superintendent shall120
134	154		be appointed by the State Board of Education. The person appointed by the State Board121
135	155		of Education to serve as state school superintendent shall be employed by the State Board122
136	156		of Education as provided by general law. The State School Superintendent state school123
137	157		superintendent shall have such qualifications and shall be paid such compensation as may124
138	158		be fixed by law. No member of the State Board of Education shall be eligible for election125
139	159		or appointment as State School Superintendent state school superintendent during the time126
140	160		for which such member shall have been appointed member's term of office."127
141	161		SECTION 8.128
142	162		The above proposed amendment to the Constitution shall be published and submitted as129
143	163		provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the130
144	164		above proposed amendment shall have written or printed thereon the following:131
145	165		"( ) YES132
146	166		133
147	167		( ) NO 134
148	168		135
149	169		136
150	170		Shall the Constitution be amended so as to provide for appointment of the
151	171		state school superintendent by the State Board of Education effective no later
152	172		than January 1, 2031, and to provide for the election of members to the State
153		-	Board of Education for ~~four~~-year terms by members of the House of
	173	+	Board of Education for two-year terms by members of the House of
154	174		Representatives and Senate for each congressional district?"
155		-	All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes."137
	175	+	All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes."
	176	+	137
156	177		All persons desiring to vote against ratifying the proposed amendment shall vote "No." If138
157	178		such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall139
158	179		become a part of the Constitution of this state.140
159		-	H. R. 174 ~~(SUB)~~
	180	+	H. R. 174
160	181		- 6 -