HR 174: State Board of Education; appointment of state school superintendent effective not later than January 1, 2031; provide - CA

The House Committee on Education offers the following substitute to HR 174:

A RESOLUTION

Proposing an amendment to the Constitution so as to provide for appointment of the state school superintendent by the State Board of Education effective not later than January 1, 2031, and other matters relative to the foregoing changes; to provide for the election of members of the State Board of Education for four-year terms by the members of the House of Representatives and Senate whose respective districts are embraced or partly embraced by each congressional district of this state; to provide for submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article II, Section III, Paragraph I of the Constitution is amended by revising subparagraphs (a) and (b) as follows:

"Paragraph I. Procedures for and effect of suspending or removing public officials upon felony indictment. (a) As used in this Paragraph, the term 'public official' means the Governor, the Lieutenant Governor, the Secretary of State, the Attorney General, the State School Superintendent elected for such office in 2026, the Commissioner of Insurance, the Commissioner of Agriculture, the Commissioner of Labor, and any member of the General Assembly.

(b) Upon indictment for a felony by a grand jury of this state or by the United States, which felony indictment relates to the performance or activities of the office of any public official, the Attorney General or district attorney shall transmit a certified copy of the indictment to the Governor or, if the indicted public official is the Governor, to the Lieutenant Governor who shall, subject to subparagraph (d) of this Paragraph, appoint a review commission. If the indicted public official is the Governor, the commission shall be composed of the Attorney General, the Secretary of State, the State School Superintendent elected for such office in 2026, the Commissioner of Insurance, the Commissioner of Agriculture, and the Commissioner of Labor. If the indicted public official is the Attorney General, the commission shall be composed of three other public officials who are not members of the General Assembly. If the indicted public official is not the Governor, the Attorney General, or a member of the General Assembly, the commission shall be composed of the Attorney General and two other public officials who are not members of the General Assembly. If the indicted public official is a member of the General Assembly, the commission shall be composed of the Attorney General and one member of the Senate and one member of the House of Representatives. If the Attorney General brings the indictment against the public official, the Attorney General shall not serve on the commission. In place of the Attorney General, the Governor shall appoint a retired Supreme Court Justice or a retired Court of Appeals Judge. The commission shall provide for a speedy hearing, including notice of the nature and cause of the hearing, process for obtaining witnesses, and the assistance of counsel. Unless a longer period of time is granted by the appointing authority, the commission shall make a written report within 14 days. If the commission determines that the indictment relates to and adversely affects the administration of the office of the indicted public official and that the rights and interests of the public are adversely affected thereby, the Governor or, if the Governor is the indicted public official, the Lieutenant Governor shall suspend the public official immediately and without further action pending the final disposition of the case or until the expiration of the officer's term of office, whichever occurs first. During the term of office to which such officer was elected and in which the indictment occurred, if a nolle prosequi is entered, if the public official is acquitted, or if after conviction the conviction is later overturned as a result of any direct appeal or application for a writ of certiorari, the officer shall be immediately reinstated to the office from which he or she was suspended. While a public official is suspended under this Paragraph, the officer shall not be entitled to receive the compensation from his or her office. If the officer is reinstated to office, he or she shall be entitled to receive any compensation withheld under the provisions of this Paragraph."

SECTION 2.

Article V, Section II, Paragraph VIII of the Constitution is amended by revising subparagraph (b) as follows:

"(b) In case of the death or withdrawal of a person who received a majority of votes cast in an election for the office of Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, or Commissioner of Labor, the Governor elected at the same election, upon becoming Governor, shall have the power to fill such office by appointing, subject to the confirmation of the Senate, an individual to serve until the next general election and until a successor for the balance of the unexpired term shall have been elected and qualified."

SECTION 3.

Article V, Section III of the Constitution is amended by revising Paragraph I as follows: "Paragraph I. Other executive officers, how elected. The Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, and Commissioner of Labor shall be elected in the manner prescribed for the election of members of the General Assembly and the electors shall be the same. Such executive officers shall be elected at the same time and hold their offices for the same term as the Governor."

SECTION 4.

Article V, Section III, Paragraph II of the Constitution is amended by revising subparagraph (a) as follows:

"Paragraph II. Qualifications. (a) No person shall be eligible to the office of the Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, or Commissioner of Labor unless such person shall have been a citizen of the United States for ten years and a legal resident of the state for four years immediately preceding election or appointment and shall have attained the age of 25 years by the date of assuming office. All of said officers shall take such oath and give bond and security, as prescribed by law, for the faithful discharge of their duties."

SECTION 5.

Article V, Section IV of the Constitution is amended by revising Paragraph I as follows: "Paragraph I. 'Elected constitutional executive officer,' how defined. As used in this section, the term 'elected constitutional executive officer' means the Governor, the Lieutenant Governor, the Secretary of State, the Attorney General, the State School Superintendent elected for such office in 2026, the Commissioner of Insurance, the Commissioner of Agriculture, and the Commissioner of Labor."

SECTION 6.

Article VIII, Section II, Paragraph I of the Constitution is amended by revising subparagraph (a) as follows:

"Paragraph I. State Board of Education. (a) There shall be a State Board of Education which shall consist of one member from each congressional district in the state appointed by the Governor and confirmed by the Senate. The member of the board from each congressional district shall be elected by a majority vote of the members of the House of Representatives and Senate whose respective districts are embraced or partly embraced within such congressional district meeting in caucus. The members of the board in office on December 31, 2026, shall serve out the remainder of their respective terms. The General Assembly shall provide by law the procedure for the election of members and for filling vacancies on the board. Members shall serve for terms of four years and until their successors are elected and qualified. The Governor shall not be a member of said board. The ten members in office on June 30, 1983, shall serve out the remainder of their respective terms. As each term of office expires, the Governor shall appoint a successor as herein provided. The terms of office of all members appointed after the effective date of this Constitution shall be for seven years. Members shall serve until their successors are appointed and qualified. In the event of a vacancy on the board by death, resignation, removal, or any reason other than expiration of a member's term, the Governor shall fill such vacancy; and the person so appointed shall serve until confirmed by the Senate and, upon confirmation, shall serve for the unexpired term of office."

SECTION 7.

Article VIII, Section III of the Constitution is amended by revising Paragraph I as follows: "Paragraph I. State School Superintendent school superintendent. There shall be a State School Superintendent state school superintendent, who shall be the executive officer of the State Board of Education, elected at the same time and in the same manner and for the same term as that of the Governor. The person elected as state school superintendent in 2026 shall be elected at the same time and in the same manner and for the same term as that of the Governor and shall serve for the term to which such person was elected or until his or her withdrawal, resignation, or removal from office. Effective upon the earlier of January 1, 2031, or the death or withdrawal, resignation, or removal from office of the person elected as state school superintendent in 2026, the state school superintendent shall be appointed by the State Board of Education. The person appointed by the State Board of Education to serve as state school superintendent shall be employed by the State Board of Education as provided by general law. The State School Superintendent state school superintendent shall have such qualifications and shall be paid such compensation as may be fixed by law. No member of the State Board of Education shall be eligible for election or appointment as State School Superintendent state school superintendent during the time for which such member shall have been appointed member's term of office."

SECTION 8.

The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution be amended so as to provide for appointment of the state school superintendent by the State Board of Education effective no later ( ) NO than January 1, 2031, and to provide for the election of members to the State Board of Education for four-year terms by members of the House of Representatives and Senate for each congressional district?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.