Text: HF00423 Text: HF00425 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 273.8, subsection 1, Code 1997, is 1 2 amended to read as follows: 1 3 1. BOARD OF DIRECTORS. The board of directors of an area 1 4 education agency shall consist of not less than five nor more 1 5 than nine members, each a resident of and elected in the 1 6 manner provided in this section from a director district that 1 7 is approximately equal in population to the other director 1 8 districts in the area education agency. Eachdirectormember 1 9 shall serve a three-year term which commences at the 1 10 organization meeting. A member may serve on the board of 1 11 directors who is a member of a board of directors of a school 1 12 district if the member is a qualified elector and resident of 1 13 the area education agency director district. 1 14 Sec. 2. Section 273.8, subsection 2, Code 1997, is amended 1 15 by striking the subsection and inserting in lieu thereof the 1 16 following: 1 17 2. ELECTION OF DIRECTORS. Regular elections held annually 1 18 by the area education agency for the election of members of 1 19 the board of directors shall be held on the date of the school 1 20 election as fixed by section 277.1. The election notice shall 1 21 be made a part of the local school election notice published 1 22 as provided in section 49.53 in each local school district 1 23 where voting is to occur in the area education agency election 1 24 and the election shall be conducted by the county commissioner 1 25 of elections pursuant to chapters 39 through 53 and section 1 26 277.20. 1 27 A candidate for member of the board of directors of an area 1 28 education agency shall be nominated by a petition signed by 1 29 not less than fifty eligible electors of the director district 1 30 from which the member is to be elected. The petition shall 1 31 state the number of the director district from which the 1 32 candidate seeks election, and the candidate's name and status 1 33 as an eligible elector of the director district. Signers of 1 34 the petition, in addition to signing their names, shall show 1 35 their residence, including street and number, if any, the 2 1 school district in which they reside, and the date they signed 2 2 the petition. A person may sign nomination petitions for more 2 3 than one candidate for the same office, and the signature is 2 4 not invalid solely because the person signed nomination 2 5 petitions for one or more other candidates for the office. 2 6 The petition shall include the affidavit of the candidate 2 7 being nominated, stating the candidate's name and residence, 2 8 and that the individual is a candidate, is eligible for the 2 9 office sought, and if elected will qualify for the office. 2 10 Nomination papers on behalf of candidates for member of the 2 11 board of directors of an area education agency shall be filed 2 12 with the secretary of the area education agency board not 2 13 earlier than sixty-five days nor later than five p.m. on the 2 14 fortieth day prior to the election at which members of the 2 15 board are to be elected. The secretary shall deliver all 2 16 nomination petitions filed to the county commissioner of 2 17 elections who is responsible under section 47.2 for conducting 2 18 elections held for the area education agency not later than 2 19 five p.m. on the day following the last day on which 2 20 nomination petitions can be filed. That commissioner shall 2 21 certify the names of candidates to all county commissioners of 2 22 elections in the area education agency by the thirty-fifth day 2 23 prior to the election. 2 24 The votes cast in the election shall be canvassed and 2 25 abstracts of the votes cast shall be certified as required by 2 26 section 277.20. In each county whose commissioner of 2 27 elections is responsible under section 47.2 for conducting 2 28 elections held for an area education agency, the county board 2 29 of supervisors shall convene on the last Monday in September 2 30 or at the last regular board meeting in September, canvass the 2 31 abstracts of votes cast and declare the results of the voting. 2 32 The commissioner shall at once issue certificates of election 2 33 to each person declared elected. 2 34 Successors shall be chosen at the annual school elections 2 35 for members of the board of directors whose terms expire. 3 1 Vacancies on the board shall be filled at the next regular 3 2 meeting of the board by appointment by the remaining members 3 3 of the board. A member so chosen shall be a resident of the 3 4 district in which the vacancy occurred and shall serve until a 3 5 member is elected pursuant to section 69.12 to fill the 3 6 vacancy for the balance of the unexpired term. A vacancy is 3 7 defined in section 277.29. 3 8 Sec. 3. Section 273.8, subsection 5, Code 1997, is amended 3 9 to read as follows: 3 10 5. CHANGE IN DIRECTORS. The board of an area education 3 11 agency may change the number of directors on the board and 3 12 shall make corresponding changes in the boundaries of director 3 13 districts if sixty percent of the number of local school 3 14 boards located in an area education agency, or if local school 3 15 boards representing sixty percent of the enrollment in the 3 16 school districts located in the agency, request in writing to 3 17 the area education agency board that the number of directors 3 18 on the board be changed.Changes shall be completed not later3 19than July 1 of a fiscal year for the director district3 20conventions to be held the following September.3 21 Sec. 4. Section 277.1, Code 1997, is amended to read as 3 22 follows: 3 23 277.1 REGULAR ELECTION. 3 24 The regular election shall be held annually on the second 3 25 Tuesday in September in each school district for the election 3 26 of officers of the district, the area education agency, and 3 27 merged area and for the purpose of submitting to the voters 3 28 any matter authorized by law. 3 29 Sec. 5. Section 277.20, unnumbered paragraph 2, Code 1997, 3 30 is amended to read as follows: 3 31 The abstracts of the votes cast for members of the board of 3 32 directors of any merged area,or any area education agency and 3 33 of the votes cast on any public question submitted to the 3 34 voters of any merged area, shall be promptly certified by the 3 35 commissioner to the county commissioner of elections who is 4 1 responsible under section 47.2 for conducting the elections 4 2 held for that merged area or area education agency. 4 3 Sec. 6. EFFECTIVE DATE AND APPLICABILITY PROVISIONS. This 4 4 Act takes effect July 1, 1997, and is applicable to the school 4 5 election held on the second Tuesday of September 1998. 4 6 Members of area education agency boards of directors shall 4 7 continue to serve until the expiration of the terms for which 4 8 they were elected at the director district conventions. 4 9 Successors shall be elected as provided in this Act. 4 10 Vacancies occurring on the board on or after July 1, 1997, 4 11 shall be filled as provided in this Act. 4 12 EXPLANATION 4 13 This bill replaces the current method for electing the 4 14 members of the board of directors for an area education 4 15 agency, with the method used to elect members of the board of 4 16 directors of a merged area. 4 17 Currently, members of the board of directors of an area 4 18 education agency are elected at director district conventions 4 19 by members of the boards of directors of local school 4 20 districts located within the area education agency director 4 21 district. 4 22 Under the bill, members of the board of directors of an 4 23 area education agency would be elected at the regular 4 24 elections held annually by the area education agency on the 4 25 date of the school election. 4 26 A candidate for member of the board of directors of an area 4 27 education agency shall be nominated by a petition signed by 4 28 not less than 50 eligible electors of the director district 4 29 from which the member is to be elected. The secretary shall 4 30 deliver all nomination petitions filed to the county 4 31 commissioner of elections who is responsible for conducting 4 32 elections held for the area education agency. In each county 4 33 whose commissioner of elections is responsible for conducting 4 34 elections held for an area education agency, the county board 4 35 of supervisors shall convene on the last Monday in September 5 1 or at the last regular board meeting in September, canvass the 5 2 abstracts of votes cast, and declare the results of the 5 3 voting. The commissioner shall at once issue certificates of 5 4 election to each person declared elected. 5 5 Successors for members of the board of directors whose 5 6 terms expire shall be chosen at the annual school elections. 5 7 Vacancies on the board shall be filled at the next regular 5 8 meeting of the board by appointment by the remaining members 5 9 of the board. A member so chosen shall be a resident of the 5 10 district in which the vacancy occurred and shall serve until a 5 11 member is elected to fill the vacancy for the balance of the 5 12 unexpired term. A member who is a member of a board of 5 13 directors of a local school district may serve on the board of 5 14 directors of the area education agency. 5 15 The bill contains effective date and applicability 5 16 provisions. It takes effect July 1, 1997, for the school 5 17 election in September 1998, and members of area education 5 18 agency boards will continue in office until the expiration of 5 19 their terms. 5 20 LSB 2401HH 77 5 21 kh/sc/14
Text: HF00423 Text: HF00425 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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