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Bills and Amendments: General Index     Bill History: General Index

House File 34

Partial Bill History

Bill Introduced: H.J. 65
Complete Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 39.24, Code 2001, 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 2001, 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 2001, 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 regular school election.  Organization of the
  1 34 board shall be effected by the election of a president and
  1 35 other officers from the board membership as board members
  2  1 determine.  The board of directors shall appoint a secretary
  2  2 and a treasurer who shall each give bond as prescribed in
  2  3 section 291.2 and who shall each receive the salary determined
  2  4 by the board.  The secretary and treasurer shall perform
  2  5 duties under chapter 291 and additional duties the board of
  2  6 directors deems necessary.  However, the board may appoint one
  2  7 person to serve as the secretary and treasurer.  If one person
  2  8 serves as the secretary and treasurer, only one bond is
  2  9 necessary for that person.  The frequency of meetings other
  2 10 than organizational meetings shall be as determined by the
  2 11 board of directors but the president or a majority of the
  2 12 members may call a special meeting at any time.
  2 13    Sec. 4.  Section 260C.13, subsection 1, Code 2001, 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 2001,
  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 on the last Monday in September
  3 12 after the regular school election or at the last regular board
  3 13 meeting in September November, canvass the abstracts of votes
  3 14 cast and declare the results of the voting.  The commissioner
  3 15 shall at once issue certificates of election to each person
  3 16 declared elected, and shall certify to the merged area board
  3 17 in substantially the manner prescribed by section 50.27 the
  3 18 result of the voting on any public question submitted to the
  3 19 voters of the merged area.  Members elected to the board of
  3 20 directors of a merged area shall qualify by taking the oath of
  3 21 office prescribed in section 277.28.
  3 22    Sec. 6.  Section 260C.22, subsection 1, paragraph a, Code
  3 23 2001, 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 2001,
  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
  4 24 September 1 of a fiscal year for the director district
  4 25 conventions to be 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 2001, 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 2001, 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 regular school election at a
  5 16 suitable place designated by the president.  Directors whose
  5 17 terms commence at the organization meeting shall qualify by
  5 18 taking the oath of office required by section 277.28 at or
  5 19 before the organization meeting.
  5 20    Sec. 10.  Section 274.7, Code 2001, 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 275.1, subsections 2 and 5, Code 2001,
  5 28 are amended to read as follows:
  5 29    2.  "Initial board" means the board of a newly reorganized
  5 30 district that is selected pursuant to section 275.25 or 275.41
  5 31 and functions until the organizational meeting following the
  5 32 fourth third regular school election held after the effective
  5 33 date of the reorganization.
  5 34    5.  "Regular board" means the board of a reorganized
  5 35 district that begins to function at the organizational meeting
  6  1 following the fourth third regular school election held after
  6  2 the effective date of the school reorganization, and is
  6  3 comprised of members who were elected to the current terms or
  6  4 were appointed to replace members who were elected.
  6  5    Sec. 12.  Section 275.12, subsection 2, paragraphs b, c, d,
  6  6 and e, Code 2001, are amended to read as follows:
  6  7    b.  Division of the entire school district into designated
  6  8 geographical single director or multi-director subdistricts on
  6  9 the basis of population for each director, to be known as
  6 10 director districts, each of which director districts shall be
  6 11 represented on the school board by one or more directors who
  6 12 shall be residents of the director district but who shall be
  6 13 elected by the vote of the electors of the entire school
  6 14 district.  The boundaries of the director districts and the
  6 15 area and population included within each district shall be
  6 16 such as justice, equity, and the interests of the people may
  6 17 require.  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.  Insofar As
  6 20 far as may be practicable, the boundaries of the districts
  6 21 shall follow established political or natural geographical
  6 22 divisions.
  6 23    c.  Election of not more than one-half of the total number
  6 24 of school directors at large from the entire district and the
  6 25 remaining directors from and as residents of designated
  6 26 single-member or multi-member director districts into which
  6 27 the entire school district shall be divided on the basis of
  6 28 population for each director.  In such case, all directors
  6 29 shall be elected by the electors of the entire school
  6 30 district. Changes in the boundaries of director districts
  6 31 shall not be made during a period commencing sixty days prior
  6 32 to the date of the annual regular school election.
  6 33    d.  Division of the entire school district into designated
  6 34 geographical single director or multi-director subdistricts on
  6 35 the basis of population for each director, to be known as
  7  1 director districts, each of which director districts shall be
  7  2 represented on the school board by one or more directors who
  7  3 shall be residents of the director district and who shall be
  7  4 elected by the voters of the director district.  Place of
  7  5 voting in the director districts shall be designated by the
  7  6 commissioner of elections.  Changes in the boundaries of
  7  7 director districts shall not be made during a period
  7  8 commencing sixty days prior to the date of the annual regular
  7  9 school election.
  7 10    e.  In districts having seven directors, election of three
  7 11 directors at large by the electors of the entire district, one
  7 12 no more than two at each annual regular school election, and
  7 13 election of the remaining directors as residents of and by the
  7 14 electors of individual geographic subdistricts established on
  7 15 the basis of population and identified as director districts,
  7 16 no more than two at a regular school election.  Boundaries of
  7 17 the subdistricts shall follow precinct boundaries, insofar as
  7 18 far as practicable, and shall not be changed less than sixty
  7 19 days prior to the annual regular school election.
  7 20    Sec. 13.  Section 275.25, subsection 3, Code 2001, is
  7 21 amended to read as follows:
  7 22    3.  The directors who are elected and qualify to serve
  7 23 shall serve until their successors are elected and qualify.
  7 24 At the special election, the newly elected director directors
  7 25 receiving the most votes shall be elected to serve until the
  7 26 director's successor qualifies their successors qualify after
  7 27 the fourth third regular school election date occurring after
  7 28 the effective date of the reorganization; and the two newly
  7 29 elected directors receiving the next largest number of votes
  7 30 shall be elected to serve until the directors' successors
  7 31 qualify after the third second regular school election date
  7 32 occurring after the effective date of the reorganization; and
  7 33 the two newly elected directors receiving the next largest
  7 34 number of votes shall be elected to serve until the directors'
  7 35 successors qualify after the second regular school election
  8  1 date occurring after the effective date of the reorganization.
  8  2 However, in districts that include all or a part of a city of
  8  3 fifteen thousand or more population and in districts in which
  8  4 the proposition to establish a new corporation provides for
  8  5 the election of seven directors, the three newly elected
  8  6 directors receiving the most votes shall be elected to serve
  8  7 until the directors' successors qualify after the fourth
  8  8 regular school election date occurring after the effective
  8  9 date of the reorganization timelines specified in this
  8 10 subsection for the terms of office apply to the four newly
  8 11 elected directors receiving the most votes and then to the
  8 12 three newly elected directors receiving the next largest
  8 13 number of votes.
  8 14    Sec. 14.  Section 275.36, Code 2001, is amended to read as
  8 15 follows:
  8 16    275.36  SUBMISSION OF CHANGE TO ELECTORS.
  8 17    If a petition for a change in the number of directors or in
  8 18 the method of election of school directors, describing the
  8 19 boundaries of the proposed director districts, if any, signed
  8 20 by eligible electors of the school district equal in number to
  8 21 at least thirty percent of those who voted in the last
  8 22 previous annual regular school election in the school
  8 23 district, but not less than one hundred persons, and
  8 24 accompanied by affidavit as required by section 275.13 be is
  8 25 filed with the school board of a school district, not earlier
  8 26 than six months and not later than sixty-seven days before a
  8 27 regular or special school election, the school board shall
  8 28 submit such the proposition to the voters at the election.  If
  8 29 a proposition for a change in the number of directors or in
  8 30 the method of election of school directors submitted to the
  8 31 voters under this section is rejected, it shall not be
  8 32 resubmitted to the voters of the district in substantially the
  8 33 same form within the next three years; if it is approved, no
  8 34 other proposal may be submitted to the voters of the district
  8 35 under this section within the next six years.
  9  1    Sec. 15.  Section 275.37, Code 2001, is amended to read as
  9  2 follows:
  9  3    275.37  INCREASE IN NUMBER OF DIRECTORS.
  9  4    At the next succeeding annual regular school election in a
  9  5 district where the number of directors has been increased from
  9  6 five to seven, and directors are elected at large, there shall
  9  7 be elected a director to succeed each incumbent director whose
  9  8 term is expiring in that year, and two additional directors.
  9  9 Upon organizing as required by section 279.1, either one or
  9 10 two of the newly elected director directors who received the
  9 11 fewest votes in the election shall be assigned a term of
  9 12 either one year or two years if as necessary in order that as
  9 13 nearly as possible one-third one-half of the members of the
  9 14 board shall be elected each year biennially.
  9 15    Sec. 16.  Section 275.38, Code 2001, is amended to read as
  9 16 follows:
  9 17    275.38  IMPLEMENTING CHANGED METHOD OF ELECTION.
  9 18    If change in the method of election of school directors is
  9 19 approved at a regular or special school election, the
  9 20 directors who were serving unexpired terms or were elected
  9 21 concurrently with approval of the change of method shall serve
  9 22 out the terms for which they were elected.  If the plan
  9 23 adopted is that described in section 275.12, subsection 2,
  9 24 paragraph "b," "c," "d," or "e," the board shall at the
  9 25 earliest practicable time designate the districts from which
  9 26 residents are to be elected as school directors at each of the
  9 27 next three two succeeding annual regular school elections,
  9 28 arranging so far as possible for elections of directors as
  9 29 residents of the respective districts to coincide with the
  9 30 expiration of terms of incumbent members residing in those
  9 31 districts.  If an increase in the size of the board from five
  9 32 to seven members is approved concurrently with the change in
  9 33 method of election of directors, the board shall make the
  9 34 necessary adjustment in the manner prescribed in section
  9 35 275.37, as well as providing for implementation of the
 10  1 districting plan under this section.
 10  2    Sec. 17.  Section 275.41, subsection 3, Code 2001, is
 10  3 amended to read as follows:
 10  4    3.  Prior to the effective date of the reorganization, the
 10  5 initial board shall approve a plan that commences at the
 10  6 second first regular school election held after the effective
 10  7 date of the merger and is completed at the fourth third
 10  8 regular school election held after the effective date of the
 10  9 merger, to replace the initial board with the regular board.
 10 10 If the petition specifies a number of directors on the regular
 10 11 board to be different from the number of directors on the
 10 12 initial board, the plan shall provide that the number
 10 13 specified in the petition for the regular board is in place by
 10 14 the time the regular board is formed.  The plan shall provide
 10 15 that as nearly as possible one-third one-half of the members
 10 16 of the board shall be elected each year biennially, and if a
 10 17 special election was held to elect a member to create an odd
 10 18 number of members on the board, the term of that member shall
 10 19 end at the organizational meeting following the fourth third
 10 20 regular school election held after the effective date.
 10 21    Sec. 18.  Section 277.1, Code 2001, is amended to read as
 10 22 follows:
 10 23    277.1  REGULAR ELECTION.
 10 24    The regular election shall be held annually biennially on
 10 25 the second first Tuesday after the first Monday in September
 10 26 November of each even-numbered year in each school district
 10 27 for the election of officers of the district and merged area
 10 28 and for the purpose of submitting to the voters any matter
 10 29 authorized by law.
 10 30    Sec. 19.  Section 277.2, Code 2001, is amended to read as
 10 31 follows:
 10 32    277.2  SPECIAL ELECTION.
 10 33    The board of directors in a school corporation may call a
 10 34 special election at which the voters shall have the powers
 10 35 exercised at the regular election with reference to the sale
 11  1 of school property and the application to be made of the
 11  2 proceeds, the authorization to change the method of election
 11  3 of school directors to any method authorized by section
 11  4 275.12, the authorization of seven members on the board of
 11  5 directors, the authorization to establish or change the
 11  6 boundaries of director districts, and the authorization of a
 11  7 voter-approved physical plant and equipment levy or
 11  8 indebtedness, as provided by law.
 11  9    Sec. 20.  Section 277.20, unnumbered paragraph 1, Code
 11 10 2001, is amended to read as follows:
 11 11    On the next Friday Monday after the regular school
 11 12 election, the county board of supervisors shall canvass the
 11 13 returns made to the county commissioner of elections from the
 11 14 several precinct polling places and the absentee ballot
 11 15 counting board, ascertain the result of the voting with regard
 11 16 to every matter voted upon and cause a record to be made
 11 17 thereof as required by section 50.24. Special elections held
 11 18 in school districts shall be canvassed at the time and in the
 11 19 manner required by that section.  The board shall declare the
 11 20 results of the voting for members of boards of directors of
 11 21 school corporations nominated pursuant to section 277.4, and
 11 22 the commissioner shall at once issue a certificate of election
 11 23 to each person declared elected.  The board shall also declare
 11 24 the results of the voting on any public question submitted to
 11 25 the voters of a single school district, and the commissioner
 11 26 shall certify the result as required by section 50.27.
 11 27    Sec. 21.  Section 277.23, unnumbered paragraph 2, Code
 11 28 2001, is amended to read as follows:
 11 29    A change from five to seven directors shall be effected in
 11 30 a district at the first regular election after authorization
 11 31 by the voters or when a district becomes wholly or in part
 11 32 within a city of fifteen thousand population or more in the
 11 33 following manner:  If the term terms of one director two
 11 34 directors of the five-member board expires expire at the time
 11 35 of said the regular election, three four directors shall be
 12  1 elected to serve until the third second following regular
 12  2 election thereafter; if the terms of two three directors
 12  3 expire at the time of said the regular election, three
 12  4 directors shall be elected to serve until the third second
 12  5 following regular election thereafter and one director two
 12  6 directors shall be elected to serve a term the expiration of
 12  7 which coincides with the expiration of the term of the
 12  8 director heretofore singly elected until the next regular
 12  9 election.
 12 10    Sec. 22.  Section 277.25, Code 2001, is amended to read as
 12 11 follows:
 12 12    277.25  DIRECTORS IN NEW DISTRICTS.
 12 13    At the first election in newly organized districts the
 12 14 directors shall be elected as follows:
 12 15    1.  In districts having three directors, one director two
 12 16 directors shall be elected for one year, one for two years,
 12 17 and one for three four years.
 12 18    2.  In districts having five directors, two three shall be
 12 19 elected for one year, two for two years, and one two for three
 12 20 four years.
 12 21    3.  In districts having seven directors, two four shall be
 12 22 elected for one year, two for two years, and three for three
 12 23 four years.
 12 24    Sec. 23.  Section 278.2, unnumbered paragraph 2, Code 2001,
 12 25 is amended to read as follows:
 12 26    Petitions filed under this section shall be filed with the
 12 27 secretary of the school board at least seventy-five days
 12 28 before the date of the annual regular school election, if the
 12 29 question is to be included on the ballot at that election.
 12 30 The petition shall include the signatures of the petitioners,
 12 31 a statement of their place of residence, and the date on which
 12 32 they signed the petition.
 12 33    Sec. 24.  EFFECTIVE DATE AND TRANSITION.  This Act, being
 12 34 deemed of immediate importance, takes effect upon enactment,
 12 35 for purposes of the transition from election of directors of
 13  1 community and independent school districts, merged areas, and
 13  2 area education agencies annually from terms of three years
 13  3 each to the staggered election of such directors biennially
 13  4 for terms of four years each.  The first election at which
 13  5 directors whose terms expire shall be elected to serve regular
 13  6 four-year terms is the regular school election held in
 13  7 November 2002 or the director district conventions held in
 13  8 November 2002.
 13  9    The board of directors of each affected school district and
 13 10 each merged area and area education agency shall review the
 13 11 expiration dates of the terms of office of its directors and
 13 12 shall adopt by resolution a plan for shortening terms of the
 13 13 members for the annual school election or director district
 13 14 convention held in September 2001 so that the members whose
 13 15 terms expire at the regular school election or director
 13 16 district convention held in November 2002 will be elected to
 13 17 four-year terms.  The board shall submit a copy of the
 13 18 resolution adopting its plan to the office of the state
 13 19 commissioner of elections no later than August 1, 2001.  In
 13 20 developing the plan, the board of directors shall take into
 13 21 consideration the terms for which the members were elected and
 13 22 the number of votes the members received in relation to the
 13 23 number of votes other candidates received at the applicable
 13 24 election or director district convention.  
 13 25                           EXPLANATION
 13 26    This bill provides for the consolidation of election of the
 13 27 directors of local school districts and merged areas on the
 13 28 general election day in November in even-numbered years.  Area
 13 29 education agencies are required by law to hold their director
 13 30 district conventions within two weeks of the regular school
 13 31 election.  Area education agency board directors are elected
 13 32 at those conventions.  In order to accomplish these purposes,
 13 33 the bill changes the terms of all of these directors from
 13 34 three to four years and provides for a transition period.
 13 35    The bill takes effect upon enactment for purposes of
 14  1 holding the area education agency director district
 14  2 conventions in November 2002, and the first regular school
 14  3 election in November 2002.
 14  4    Additional conforming amendments to the Code may be
 14  5 necessary to fully implement the bill's provisions.  
 14  6 LSB 1199YH 79
 14  7 sc/cf/24

Text: HF00033                           Text: HF00035
Text: HF00000 - HF00099                 Text: HF Index
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