Text: HF00275                           Text: HF00277
Text: HF00200 - HF00299                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

House File 276

Partial Bill History

Bill Introduced: H.J. 697
Complete Bill History

Bill Text

PAG LIN
1 1 Section 1. Section 39.24, Code 1995, is amended to read as
1 2 follows:
1 3 39.24 SCHOOL OFFICERS.
1 4 Members of boards of directors of community and independent
1 5 school districts, and boards of directors of merged areas
1 6 shall be elected at the school election. Their terms of
1 7 office shall be three four years, except as otherwise provided
1 8 by section 260C.11, 260C.13, or 275.23A.
1 9 Sec. 2. Section 260C.11, unnumbered paragraph 1, Code
1 10 1995, is amended to read as follows:
1 11 The governing board of a merged area is a board of
1 12 directors composed of one member elected from each director
1 13 district in the area by the electors of the respective
1 14 district. Members of the board shall be residents of the
1 15 district from which elected. Successors shall be chosen at
1 16 the annual regular school elections for members whose terms
1 17 expire. The term of a member of the board of directors is
1 18 three four years and commences at the organization meeting.
1 19 Vacancies on the board shall be filled at the next regular
1 20 meeting of the board by appointment by the remaining members
1 21 of the board. A member so chosen shall be a resident of the
1 22 district in which the vacancy occurred and shall serve until a
1 23 member is elected pursuant to section 69.12 to fill the
1 24 vacancy for the balance of the unexpired term. A vacancy is
1 25 defined in section 277.29. A member shall not serve on the
1 26 board of directors who is a member of a board of directors of
1 27 a local school district or a member of an area education
1 28 agency board.
1 29 Sec. 3. Section 260C.12, unnumbered paragraph 1, Code
1 30 1995, is amended to read as follows:
1 31 The board of directors of the merged area shall organize at
1 32 the first regular meeting in October of each year December
1 33 following the election. Organization of the board shall be
1 34 effected by the election of a president and other officers
1 35 from the board membership as board members determine. The
2 1 board of directors shall appoint a secretary and a treasurer
2 2 who shall each give bond as prescribed in section 291.2 and
2 3 who shall each receive the salary determined by the board.
2 4 The secretary and treasurer shall perform duties under chapter
2 5 291 and additional duties the board of directors deems
2 6 necessary. However, the board may appoint one person to serve
2 7 as the secretary and treasurer. If one person serves as the
2 8 secretary and treasurer, only one bond is necessary for that
2 9 person. The frequency of meetings other than organizational
2 10 meetings shall be as determined by the board of directors but
2 11 the president or a majority of the members may call a special
2 12 meeting at any time.
2 13 Sec. 4. Section 260C.13, subsection 1, Code 1995, is
2 14 amended to read as follows:
2 15 1. The board of a merged area may change the number of
2 16 directors on the board and shall make corresponding changes in
2 17 the boundaries of director districts. Changes shall be
2 18 completed not later than June 1 for the regular school
2 19 election to be held the next following September 1 of the year
2 20 of the regular school election. As soon as possible after
2 21 adoption of the boundary changes, notice of changes in the
2 22 director district boundaries shall be submitted by the merged
2 23 area to the county commissioner of elections in all counties
2 24 included in whole or in part in the merged area.
2 25 Sec. 5. Section 260C.15, subsections 1 and 4, Code 1995,
2 26 are amended to read as follows:
2 27 1. Regular elections held annually by the merged area for
2 28 the election of members of the board of directors as required
2 29 by section 260C.11, for the renewal of the twenty and one-
2 30 fourth cents per thousand dollars of assessed valuation levy
2 31 authorized in section 260C.22, or for any other matter
2 32 authorized by law and designated for election by the board of
2 33 directors of the merged area, shall be held on the date of the
2 34 school election as fixed by section 277.1. The election
2 35 notice shall be made a part of the local school election
3 1 notice published as provided in section 49.53 in each local
3 2 school district where voting is to occur in the merged area
3 3 election and the election shall be conducted by the county
3 4 commissioner of elections pursuant to chapters 39 to 53 and
3 5 section 277.20.
3 6 4. The votes cast in the election shall be canvassed and
3 7 abstracts of the votes cast shall be certified as required by
3 8 section 277.20. In each county whose commissioner of
3 9 elections is responsible under section 47.2 for conducting
3 10 elections held for a merged area, the county board of
3 11 supervisors shall convene at ten o'clock a.m. on the last
3 12 Monday in September after the regular school election, canvass
3 13 the abstracts of votes cast and declare the results of the
3 14 voting. The commissioner shall at once issue certificates of
3 15 election to each person declared elected, and shall certify to
3 16 the merged area board in substantially the manner prescribed
3 17 by section 50.27 the result of the voting on any public
3 18 question submitted to the voters of the merged area. Members
3 19 elected to the board of directors of a merged area shall
3 20 qualify by taking the oath of office prescribed in section
3 21 277.28.
3 22 Sec. 6. Section 260C.22, subsection 1, paragraph a, Code
3 23 1995, is amended to read as follows:
3 24 a. In addition to the tax authorized under section
3 25 260C.17, the voters in any a merged area may at the annual
3 26 regular school election vote a tax not exceeding twenty and
3 27 one-fourth cents per thousand dollars of assessed value in any
3 28 one year for a period not to exceed ten years for the purchase
3 29 of grounds, construction of buildings, payment of debts
3 30 contracted for the construction of buildings, purchase of
3 31 buildings and equipment for buildings, and the acquisition of
3 32 libraries, for the purpose of paying costs of utilities, and
3 33 for the purpose of maintaining, remodeling, improving, or
3 34 expanding the community college of the merged area. If the
3 35 tax levy is approved under this section, the costs of
4 1 utilities shall be paid from the proceeds of the levy. The
4 2 tax shall be collected by the county treasurers and remitted
4 3 to the treasurer of the merged area as provided in section
4 4 331.552, subsection 29. The proceeds of the tax shall be
4 5 deposited in a separate and distinct fund to be known as the
4 6 voted tax fund, to be paid out upon warrants drawn by the
4 7 president and secretary of the board of directors of the
4 8 merged area district for the payment of costs incurred in
4 9 providing the school facilities for which the tax was voted.
4 10 Sec. 7. Section 273.8, subsections 1, 5, and 6, Code 1995,
4 11 are amended to read as follows:
4 12 1. BOARD OF DIRECTORS. The board of directors of an area
4 13 education agency shall consist of not less than five nor more
4 14 than nine members, each a resident of and elected in the
4 15 manner provided in this section from a director district that
4 16 is approximately equal in population to the other director
4 17 districts in the area education agency. Each director shall
4 18 serve a three-year four-year term which commences at the
4 19 organization meeting.
4 20 5. CHANGE IN DIRECTORS. The board of an area education
4 21 agency may change the number of directors on the board and
4 22 shall make corresponding changes in the boundaries of director
4 23 districts. Changes shall be completed not later than July 1
4 24 of a fiscal year for the director district conventions to be
4 25 held the following September November.
4 26 6. BOUNDARY LINE CHANGES. To the extent possible the
4 27 board shall provide that changes in the boundary lines of
4 28 director districts of area education agencies shall not
4 29 lengthen or diminish the term of office of a director of an
4 30 area education agency board. Initial terms of office shall be
4 31 set by the board so that as nearly as possible the terms of
4 32 one-third one-half of the members expire annually biennially.
4 33 Sec. 8. Section 273.8, subsection 2, unnumbered paragraph
4 34 2, Code 1995, is amended to read as follows:
4 35 The director district conventions shall be called and the
5 1 locations of the conventions shall be determined by the area
5 2 education agency administrator. Annually Biennially the
5 3 director district conventions shall be held within two weeks
5 4 following the regular school election. Notice of the time,
5 5 date and place of a director district convention shall be
5 6 published by the area education agency administrator at least
5 7 forty-five days prior to the day of the district conventions
5 8 in at least one newspaper of general circulation in the
5 9 director district. The cost of publication shall be paid by
5 10 the area education agency.
5 11 Sec. 9. Section 273.8, subsection 3, unnumbered paragraph
5 12 1, Code 1995, is amended to read as follows:
5 13 The board of directors of each area education agency shall
5 14 meet and organize at the first regular meeting in October of
5 15 each year December following the election at a suitable place
5 16 designated by the president. Directors whose terms commence
5 17 at the organization meeting shall qualify by taking the oath
5 18 of office required by section 277.28 at or before the
5 19 organization meeting.
5 20 Sec. 10. Section 274.7, Code 1995, is amended to read as
5 21 follows:
5 22 274.7 DIRECTORS.
5 23 The affairs of each school corporation shall be conducted
5 24 by a board of directors, the members of which in all community
5 25 or independent school districts shall be chosen for a term of
5 26 three four years.
5 27 Sec. 11. Section 275.12, subsection 2, paragraphs b
5 28 through e, Code 1995, are amended to read as follows:
5 29 b. Division of the entire school district into designated
5 30 geographical single director or multi-director subdistricts on
5 31 the basis of population for each director, to be known as
5 32 director districts, each of which director districts shall be
5 33 represented on the school board by one or more directors who
5 34 shall be residents of the director district but who shall be
5 35 elected by the vote of the electors of the entire school
6 1 district. The boundaries of the director districts and the
6 2 area and population included within each district shall be
6 3 such as justice, equity, and the interests of the people may
6 4 require. Changes in the boundaries of director districts
6 5 shall not be made during a period commencing sixty days prior
6 6 to the date of the annual regular school election. Insofar As
6 7 far as may be practicable, the boundaries of the districts
6 8 shall follow established political or natural geographical
6 9 divisions.
6 10 c. Election of not more than one-half of the total number
6 11 of school directors at large from the entire district and the
6 12 remaining directors from and as residents of designated
6 13 single-member or multi-member director districts into which
6 14 the entire school district shall be divided on the basis of
6 15 population for each director. In such case, all directors
6 16 shall be elected by the electors of the entire school
6 17 district. Changes in the boundaries of director districts
6 18 shall not be made during a period commencing sixty days prior
6 19 to the date of the annual regular school election.
6 20 d. Division of the entire school district into designated
6 21 geographical single director or multi-director subdistricts on
6 22 the basis of population for each director, to be known as
6 23 director districts, each of which director districts shall be
6 24 represented on the school board by one or more directors who
6 25 shall be residents of the director district and who shall be
6 26 elected by the voters of the director district. Place of
6 27 voting in the director districts shall be designated by the
6 28 commissioner of elections. Changes in the boundaries of
6 29 director districts shall not be made during a period
6 30 commencing sixty days prior to the date of the annual regular
6 31 school election.
6 32 e. In districts having seven directors, election of three
6 33 directors at large by the electors of the entire district, one
6 34 no more than two at each annual regular school election, and
6 35 election of the remaining directors as residents of and by the
7 1 electors of individual geographic subdistricts established on
7 2 the basis of population and identified as director districts,
7 3 no more than two at a regular school election. Boundaries of
7 4 the subdistricts shall follow precinct boundaries, insofar as
7 5 far as practicable, and shall not be changed less than sixty
7 6 days prior to the annual regular school election.
7 7 Sec. 12. Section 275.25, subsection 3, Code 1995, is
7 8 amended to read as follows:
7 9 3. The directors who are elected and qualify to serve
7 10 shall serve until their successors are elected and qualify.
7 11 At the special election, the three newly elected director
7 12 directors receiving the most votes shall be elected to serve
7 13 until the director's successor qualifies their successors
7 14 qualify after the fourth third regular school election date
7 15 occurring after the effective date of the reorganization; and
7 16 the two newly elected directors receiving the next largest
7 17 number of votes shall be elected to serve until the directors'
7 18 successors qualify after the third second regular school
7 19 election date occurring after the effective date of the
7 20 reorganization; and the two newly elected directors receiving
7 21 the next largest number of votes shall be elected to serve
7 22 until the directors' successors qualify after the second
7 23 regular school election date occurring after the effective
7 24 date of the reorganization. However, in districts that
7 25 include all or a part of a city of fifteen thousand or more
7 26 population and in districts in which the proposition to
7 27 establish a new corporation provides for the election of seven
7 28 directors, the three newly elected directors receiving the
7 29 most votes shall be elected to serve until the directors'
7 30 successors qualify after the fourth regular school election
7 31 date occurring after the effective date of the reorganization
7 32 timelines specified in this subsection for the terms of office
7 33 apply to the four newly elected directors receiving the most
7 34 votes and then to the three newly elected directors receiving
7 35 the next largest number of votes.
8 1 Sec. 13. Section 275.36, Code 1995, is amended to read as
8 2 follows:
8 3 275.36 SUBMISSION OF CHANGE TO ELECTORS.
8 4 If a petition for a change in the number of directors or in
8 5 the method of election of school directors, describing the
8 6 boundaries of the proposed director districts, if any, signed
8 7 by eligible electors of the school district equal in number to
8 8 at least thirty percent of those who voted in the last
8 9 previous annual regular school election in the school
8 10 district, but not less than twenty-five persons, and
8 11 accompanied by affidavit as required by section 275.13 be is
8 12 filed with the school board of a school district, not earlier
8 13 than six months and not later than two months before a regular
8 14 or special school election, the school board shall submit such
8 15 the proposition to the voters at such the election. If a
8 16 proposition for a change in the number of directors or in the
8 17 method of election of school directors submitted to the voters
8 18 under this section is rejected, it shall not be resubmitted to
8 19 the voters of the district in substantially the same form
8 20 within the next three years; if it is approved, no other
8 21 proposal may shall be submitted to the voters of the district
8 22 under this section within the next six years.
8 23 Sec. 14. Section 275.37, Code 1995, is amended to read as
8 24 follows:
8 25 275.37 INCREASE IN NUMBER OF DIRECTORS.
8 26 At the next succeeding annual regular school election in a
8 27 district where the number of directors has been increased from
8 28 five to seven, and directors are elected at large, there shall
8 29 be elected a director to succeed each incumbent director whose
8 30 term is expiring in that year, and two additional directors.
8 31 Upon organizing as required by section 279.1, either one or
8 32 two of the newly elected director directors who received the
8 33 fewest votes in the election shall be assigned a term of
8 34 either one year or two years if as necessary in order that as
8 35 nearly as possible one-third one-half of the members of the
9 1 board shall be elected each year biennially.
9 2 Sec. 15. Section 275.38, Code 1995, is amended to read as
9 3 follows:
9 4 275.38 IMPLEMENTING CHANGED METHOD OF ELECTION.
9 5 If change in the method of election of school directors is
9 6 approved at a regular or special school election, the
9 7 directors who were serving unexpired terms or were elected
9 8 concurrently with approval of the change of method shall serve
9 9 out the terms for which they were elected. If the plan
9 10 adopted is that described in section 275.12, subsection 2,
9 11 paragraph "b," "c," "d," or "e," the board shall at the
9 12 earliest practicable time designate the districts from which
9 13 residents are to be elected as school directors at each of the
9 14 next three two succeeding annual regular school elections,
9 15 arranging so far as possible for elections of directors as
9 16 residents of the respective districts to coincide with the
9 17 expiration of terms of incumbent members residing in those
9 18 districts. If an increase in the size of the board from five
9 19 to seven members is approved concurrently with the change in
9 20 method of election of directors, the board shall make the
9 21 necessary adjustment in the manner prescribed in section
9 22 275.37, as well as providing for implementation of the
9 23 districting plan under this section.
9 24 Sec. 16. Section 275.41, subsections 4, 6, and 7, Code
9 25 1995, are amended to read as follows:
9 26 4. If the total number of directors determined under
9 27 subsection 2 or 3 is an odd number, the board of the district
9 28 with the largest population shall designate the term of office
9 29 of one of the members who is retained to commence at the
9 30 organizational meeting of the board of the newly formed
9 31 district and to end at the organizational meeting following
9 32 the fourth third regular school election held thereafter in
9 33 the manner specified in the reorganization petition.
9 34 If the total number of directors determined under
9 35 subsection 2 or 3 is an even number, that number of directors
10 1 shall function until a special election can be held, at which
10 2 time an additional director shall be elected to a term from
10 3 the newly formed district ending at the organizational meeting
10 4 following the fourth third regular school election held
10 5 thereafter. The procedure for calling the special election
10 6 shall be the procedure specified in section 275.25.
10 7 6. At the second first regular school election held after
10 8 the effective date of the merger, the two vacancies which will
10 9 occur on the board shall be filled in a manner specified in
10 10 the reorganization petition.
10 11 7. At the third second regular school election held after
10 12 the effective date of merger, if a five-member board is
10 13 specified in the reorganization petition, two directors shall
10 14 be elected in the manner specified in the reorganization
10 15 petition and if a seven-member board is specified in the
10 16 reorganization petition, four directors shall be elected, two
10 17 for one-year two-year terms and two for three-year four-year
10 18 terms, in the manner specified in the reorganization petition.
10 19 Sec. 17. Section 277.1, Code 1995, is amended to read as
10 20 follows:
10 21 277.1 REGULAR ELECTION.
10 22 The regular election shall be held annually biennially on
10 23 the second first Tuesday after the first Monday in September
10 24 November of each odd-numbered year in each school district for
10 25 the election of officers of the district and merged area and
10 26 for the purpose of submitting to the voters any matter
10 27 authorized by law.
10 28 Sec. 18. Section 277.2, Code 1995, is amended to read as
10 29 follows:
10 30 277.2 SPECIAL ELECTION.
10 31 The board of directors in a school corporation may call a
10 32 special election at which the voters shall have the powers
10 33 exercised at the regular election with reference to the sale
10 34 of school property and the application to be made of the
10 35 proceeds, the authorization to change the method of election
11 1 of school directors to any method authorized by section
11 2 275.12, the authorization of seven members on the board of
11 3 directors, the authorization to establish or change the
11 4 boundaries of director districts, and the authorization of a
11 5 voter-approved physical plant and equipment levy or
11 6 indebtedness, as provided by law.
11 7 Sec. 19. Section 277.20, unnumbered paragraph 1, Code
11 8 1995, is amended to read as follows:
11 9 On the next Friday Monday after the regular school
11 10 election, the county board of supervisors shall canvass the
11 11 returns made to the county commissioner of elections from the
11 12 several precinct polling places and the absentee ballot
11 13 counting board, ascertain the result of the voting with regard
11 14 to every matter voted upon and cause a record to be made
11 15 thereof as required by section 50.24. Special elections held
11 16 in school districts shall be canvassed at the time and in the
11 17 manner required by that section. The board shall declare the
11 18 results of the voting for members of boards of directors of
11 19 school corporations nominated pursuant to section 277.4, and
11 20 the commissioner shall at once issue a certificate of election
11 21 to each person declared elected. The board shall also declare
11 22 the results of the voting on any public question submitted to
11 23 the voters of a single school district, and the commissioner
11 24 shall certify the result as required by section 50.27.
11 25 Sec. 20. Section 277.23, unnumbered paragraph 2, Code
11 26 1995, is amended to read as follows:
11 27 A change from five to seven directors shall be effected in
11 28 a district at the first regular election after authorization
11 29 by the voters or when a district becomes wholly or in part
11 30 within a city of fifteen thousand population or more in the
11 31 following manner: If the term terms of one director two
11 32 directors of the five-member board expires expire at the time
11 33 of said the regular election, three four directors shall be
11 34 elected to serve until the third second following regular
11 35 election thereafter; if the terms of two three directors
12 1 expire at the time of said the regular election, three
12 2 directors shall be elected to serve until the third second
12 3 regular election thereafter and one director two directors
12 4 shall be elected to serve a term the expiration of which
12 5 coincides with the expiration of the term of the director
12 6 heretofore singly elected until the next regular election.
12 7 Sec. 21. Section 277.25, Code 1995, is amended to read as
12 8 follows:
12 9 277.25 DIRECTORS IN NEW DISTRICTS.
12 10 At the first election in newly organized districts the
12 11 directors shall be elected as follows:
12 12 1. In districts having three directors, one director two
12 13 directors shall be elected for one year, one for two years,
12 14 and one for three four years.
12 15 2. In districts having five directors, two three shall be
12 16 elected for one year, two for two years, and one two for three
12 17 four years.
12 18 3. In districts having seven directors, two four shall be
12 19 elected for one year, two for two years, and three for three
12 20 four years.
12 21 Sec. 22. In order to accomplish the transition from
12 22 election of directors of community and independent school
12 23 districts, merged areas, and area education agencies, annually
12 24 for terms of three years each to the election of such
12 25 directors biennially for terms of four years each, the
12 26 following adjustments in terms and times of election shall be
12 27 made, notwithstanding other provisions of law:
12 28 1. The term of office for each director of a community or
12 29 independent school district, merged area, and area education
12 30 agency board whose term expires in the years 1995 and 1996
12 31 shall expire at noon on January 2, 1996, and successors to
12 32 these positions shall be elected at the regular election in
12 33 1995, or in the case of the area education agency, at the
12 34 director district convention in 1995.
12 35 2. In community, independent, and consolidated school
13 1 districts, merged areas, and area education agencies having
13 2 five-member boards of directors, the persons elected as
13 3 directors in 1994 who received the greatest and the next
13 4 greatest number of votes in that election shall serve terms of
13 5 three years each, and the other persons so elected shall serve
13 6 terms of one year each.
13 7 3. In community, independent, and consolidated school
13 8 districts, merged areas, and area education agencies having
13 9 seven-member boards of directors, the persons elected as
13 10 directors in 1994 who received the greatest, the next
13 11 greatest, and the third greatest number of votes shall serve
13 12 terms of three years each, and the other persons so elected
13 13 shall serve terms of one year each.
13 14 4. In merged areas and area education agencies having more
13 15 than seven members, the persons elected as directors in 1994
13 16 who received the greatest, the next greatest, the third
13 17 greatest, and the fourth greatest number of votes shall serve
13 18 terms of three years each, and the other persons so elected
13 19 shall serve terms of one year each.
13 20 Sec. 23. EFFECTIVE DATE. This Act takes effect on July 1,
13 21 1995, for purposes of holding the regular school election in
13 22 November 1995.
13 23 EXPLANATION
13 24 The bill provides for the consolidation of election of the
13 25 directors of local school districts, area education agencies,
13 26 and merged areas on the municipal general election day in
13 27 November in the odd-numbered year. In order to accomplish
13 28 these purposes, the bill changes the terms of these directors
13 29 from three to four years and provides for a transition period.
13 30 The bill takes effect on July 1, 1995.
13 31 LSB 1782HH 76
13 32 sc/cf/24.1
*ILP: 33 *LP: 33 *NH: N *SP: 1.5 *TO: ON H000276

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*HOUSE BILLS 70

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Text: HF00275                           Text: HF00277
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