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House File 424

Partial Bill History

Bill Text

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.  Each director member
  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 later
  3 19 than July 1 of a fiscal year for the director district
  3 20 conventions 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
     

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