Text: HF02137 Text: HF02139 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 39.24, Code 1999, 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, boards of directors of area education 1 6 agencies, and boards of directors of merged areas shall be 1 7 elected at the school election. Their terms of office shall 1 8 be three years, except as otherwise provided by section 1 9 260C.11, 273.8, or 275.23A. 1 10 Sec. 2. Section 273.8, subsection 2, Code 1999, is amended 1 11 by striking the subsection and inserting in lieu thereof the 1 12 following: 1 13 2. ELECTION OF DIRECTORS. The board of directors of the 1 14 area education agency shall be elected at the regular school 1 15 election. The election notice shall be made a part of the 1 16 local school election notice published as provided in section 1 17 49.53 in each local school district where voting is to occur 1 18 in the merged area election and the election shall be 1 19 conducted by the county commissioner of elections pursuant to 1 20 chapters 39 to 53 and section 277.20. 1 21 An area education agency board member may be a member of a 1 22 local school district board of directors and shall be an 1 23 elector and a resident of the director district, and shall not 1 24 be a school district employee. Directors shall be elected so 1 25 that as nearly as possible one-third of the members of the 1 26 board shall be elected each year. Vacancies shall be filled 1 27 by election and the provisions of section 69.12 shall control. 1 28 A candidate for member of the board of directors of an area 1 29 education agency area shall be nominated by a petition signed 1 30 by not less than fifty eligible electors of the director 1 31 district from which the member is to be elected. The petition 1 32 shall state the number of the director district from which the 1 33 candidate seeks election, and the candidate's name and status 1 34 as an eligible elector of the director district. Signers of 1 35 the petition, in addition to signing their names, shall show 2 1 their residence, including street and number if any, the 2 2 school district in which they reside, and the date they signed 2 3 the petition. A person may sign nomination petitions for more 2 4 than one candidate for the same office, and the signature is 2 5 not invalid solely because the person signed nomination 2 6 petitions for one or more other candidates for the office. 2 7 The petition shall include the affidavit of the candidate 2 8 being nominated, stating the candidate's name and residence, 2 9 and that the individual is a candidate, is eligible for the 2 10 office sought, and if elected will qualify for the office. 2 11 Nomination papers in behalf of candidates for member of the 2 12 board of directors of an area education agency shall be filed 2 13 with the secretary of the area education agency not earlier 2 14 than sixty-five days nor later than five p.m. on the fortieth 2 15 day prior to the election at which members of the board are to 2 16 be elected. The secretary shall deliver all nomination 2 17 petitions so filed to the county commissioner of elections who 2 18 is responsible under section 47.2 for conducting elections 2 19 held for the merged area, not later than five p.m. on the day 2 20 following the last day on which nomination petitions can be 2 21 filed. That commissioner shall certify the names of 2 22 candidates to all county commissioners of elections in the 2 23 area education agency area by the thirty-fifth day prior to 2 24 the election. 2 25 The votes cast in the election shall be canvassed and 2 26 abstracts of the votes cast shall be certified as required by 2 27 section 277.20. In each county whose commissioner of 2 28 elections is responsible under section 47.2 for conducting 2 29 elections held for an area education agency area, the county 2 30 board of supervisors shall convene on the last Monday in 2 31 September or at the last regular board meeting in September, 2 32 canvass the abstracts of votes cast, and declare the results 2 33 of the voting. The commissioner shall at once issue 2 34 certificates of election to each person declared elected. 2 35 Members elected to the board of directors of a merged area 3 1 shall qualify by taking the oath of office prescribed in 3 2 section 277.28. 3 3 Sec. 3. Section 273.8, subsection 5, Code 1999, is amended 3 4 by striking the subsection and inserting in lieu thereof the 3 5 following: 3 6 5. DIRECTOR DISTRICTS. 3 7 a. The board of a merged area may change the number of 3 8 directors on the board and shall make corresponding changes in 3 9 the boundaries of director districts. Changes shall be 3 10 completed not later than June 1 for the regular school 3 11 election to be held the next following September. As soon as 3 12 possible after adoption of the boundary changes, notice of 3 13 changes in the director district boundaries shall be submitted 3 14 by the merged area to the county commissioner of elections in 3 15 all counties included in whole or in part in the merged area. 3 16 b. The board of the merged area shall redraw boundary 3 17 lines of director districts in the merged area after each 3 18 census to compensate for changes in population if changes in 3 19 population have taken place. To the extent possible the board 3 20 shall provide that changes in the boundary lines of director 3 21 districts of area education agencies shall not lengthen or 3 22 diminish the term of office of a director of an area education 3 23 agency board. Initial terms of office shall be set by the 3 24 board so that as nearly as possible the terms of one-third of 3 25 the members expire annually. 3 26 c. Boundary lines of director districts shall be drawn 3 27 according to the following standards: 3 28 (1) All boundaries shall follow precinct boundaries or 3 29 school director district boundaries unless a merged area 3 30 director district boundary follows the boundary of a school 3 31 district which divides one or more election precincts. 3 32 (2) To the extent possible in order to comply with 3 33 paragraph "a", all districts shall be as nearly equal as 3 34 practicable to the ideal population for the districts as 3 35 determined by dividing the number of districts to be 4 1 established into the population of the merged area. 4 2 (3) All districts shall be composed of contiguous 4 3 territory as compact as practicable. 4 4 (4) Consideration shall not be given to the addresses of 4 5 incumbent officeholders, political affiliations of registered 4 6 voters, previous election results, or demographic information 4 7 other than population head counts, except as required by the 4 8 Constitution and the laws of the United States. 4 9 (5) Cities shall not be divided into two or more districts 4 10 unless the population of the city is greater than the ideal 4 11 size of a district. Cities shall be divided into the smallest 4 12 number of districts possible. 4 13 d. If more than one incumbent officeholder resides in a 4 14 district redrawn during reprecincting, their terms of office 4 15 expire after the next regular school election. 4 16 Sec. 4. Section 273.8, subsections 6 and 7, Code 1999, are 4 17 amended by striking the subsections. 4 18 Sec. 5. Section 277.1, Code 1999, is amended to read as 4 19 follows: 4 20 277.1 REGULAR ELECTION. 4 21 The regular election shall be held annually on the second 4 22 Tuesday in September in each school district for the election 4 23 of officers of the district, area education agency, and merged 4 24 area and for the purpose of submitting to the voters any 4 25 matter authorized by law. 4 26 Sec. 6. Section 277.20, unnumbered paragraph 2, Code 1999, 4 27 is amended to read as follows: 4 28 The abstracts of the votes cast for members of the board of 4 29 directors of any merged area, and of the votes cast on any 4 30 public question submitted to the voters of any merged area, or 4 31 for members of the board of directors of any area education 4 32 agency, shall be promptly certified by the commissioner to the 4 33 county commissioner of elections who is responsible under 4 34 section 47.2 for conducting the elections held for that merged 4 35 area or area education agency. 5 1 Sec. 7. EFFECTIVE DATE AND TRANSITION. This Act takes 5 2 effect January 1, 2001, for purposes of the transition from 5 3 election of directors of area education agencies annually at 5 4 the director district convention to annually at the regular 5 5 school election. The first election at which directors whose 5 6 terms expire shall be elected is the regular school election 5 7 held in September 2001. 5 8 The board of directors of each area education agency shall 5 9 review the expiration dates of the terms of office of its 5 10 directors and shall adopt by resolution a plan for shortening 5 11 terms of the members for the annual school election in 5 12 September 2001, so that the members whose terms expire at the 5 13 regular school election held in September 2001 will be elected 5 14 to three-year terms. The board shall submit a copy of the 5 15 resolution adopting its plan to the state commissioner of 5 16 elections no later than June 1, 2001. In developing the plan, 5 17 the board of directors shall take into consideration the terms 5 18 for which the members were elected and the number of votes the 5 19 members received in relation to the number of votes other 5 20 candidates received at the applicable director district 5 21 convention. 5 22 EXPLANATION 5 23 This bill provides for the election of the directors of 5 24 area education agency boards on the regular school election 5 25 day in September of each year. Currently, area education 5 26 agencies are required by law to elect board members at their 5 27 director district conventions. In order to accomplish these 5 28 purposes, the bill provides for a transition period. 5 29 The bill takes effect upon enactment for purposes of 5 30 holding the first regular school election in September 2001. 5 31 LSB 5116YH 78 5 32 sc/as/5
Text: HF02137 Text: HF02139 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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