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Private Acts of 2022 Chapter 50

COMPILER’S NOTE:  Because this act is an addition rather than an amendment to the original act (Private Acts of 1917, Chapter 475), and does not specifically state where the addition is to be made within the original act, it is published in full herein.

SECTION 1. Chapter 235 of the Private Acts of 1992, and any other acts amendatory thereto, are hereby repealed. Chapter 475, of the Private Acts of 1917, as amended by Chapter 122 of the Private Acts of 1983, and any other acts amendatory thereto, is further amended by adding the provisions of Sections 2 and 3 of this act.

SECTION 2. Hamilton County shall be divided into school districts which shall be coextensive with the county commissioner districts established by the county legislative body of Hamilton County from time to time. The Hamilton County Board of Education shall consist of the same number of members as the number of county commissioner districts in Hamilton County, with one (1) member of such Board of Education being elected by the qualified voters in each school district. Members shall be residents of the district from which elected. Board members shall be elected to staggered four (4) year terms so that every two (2) years the terms of approximately one-half (½) the members of the Board shall expire. Persons elected in the regular August elections shall take office on September 1, following the election and shall serve until their successors are duly elected and qualified.

SECTION 3. The current term of incumbent members of the Hamilton County Board of Education shall not be abridged as a result of changes in school districts as provided in this act. In order to establish staggered terms and to increase the number of board members from nine (9) to eleven (11), board members shall be elected as follows:

At the August 2022 election, members from School Districts 3, 5, 6, 8, and 9 shall be elected to serve a term of four (4) years and every four (4) years thereafter.

At the August 2022 election, members from School Districts 10 and 11 shall be elected to serve a term of two (2) years.

At the August 2024 election, members from School Districts 1, 2, 4, 7, 10, and 11 shall be elected to serve a term of four (4) years and every four (4) years thereafter.

SECTION 4. If any provision of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to that end the provisions of this act are declared to be severable.

SECTION 5. This act shall have no effect unless it is approved by a two-thirds (2/3) vote of the legislative body of Hamilton County. Its approval or nonapproval shall be proclaimed by the presiding officer of the legislative body of Hamilton County and certified to the secretary of state.

SECTION 6. For the purpose of approving or rejecting the provisions of this act, it shall be effective upon becoming a law, the public welfare requiring it. For all other purposes, it shall become effective as provided in Section 5.

Passed:  April 8, 2022.