Text: HF02007 Text: HF02009 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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 bethreefour 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 theannualregular school elections for members whose terms 1 17 expire. The term of a member of the board of directors is 1 18threefour 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 Octoberof each yearfollowing 1 33 the regular school election. Organization of the board shall 1 34 be 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 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 1for the regular school2 19election to be held the next following Septemberof 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 heldannuallyby 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 thelastMondayin September3 12 after the regular school election or at the last regular board 3 13 meeting in September, canvass the abstracts of votes cast and 3 14 declare the results of the voting. The commissioner shall at 3 15 once issue certificates of election to each person declared 3 16 elected, and shall certify to the merged area board in 3 17 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 inanya merged area may at theannual3 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 and 6, Code 2001, are 4 11 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 athree-yearfour-year term which commences at the 4 19 organization meeting. 4 20 6. BOUNDARY LINE CHANGES. To the extent possible the 4 21 board shall provide that changes in the boundary lines of 4 22 director districts of area education agencies shall not 4 23 lengthen or diminish the term of office of a director of an 4 24 area education agency board. Initial terms of office shall be 4 25 set by the board so that as nearly as possible the terms of 4 26one-thirdone-half of the members expireannuallybiennially. 4 27 Sec. 8. Section 273.8, subsection 2, unnumbered paragraph 4 28 2, Code 2001, is amended to read as follows: 4 29 The director district conventions shall be called and the 4 30 locations of the conventions shall be determined by the area 4 31 education agency administrator.AnnuallyBiennially the 4 32 director district conventions shall be held within two weeks 4 33 following the regular school election. Notice of the time, 4 34 date and place of a director district convention shall be 4 35 published by the area education agency administrator at least 5 1 forty-five days prior to the day of the district conventions 5 2 in at least one newspaper of general circulation in the 5 3 director district. The cost of publication shall be paid by 5 4 the area education agency. 5 5 Sec. 9. Section 273.8, subsection 3, unnumbered paragraph 5 6 1, Code 2001, is amended to read as follows: 5 7 The board of directors of each area education agency shall 5 8 meet and organize at the first regular meeting in Octoberof5 9each yearfollowing the regular school election at a suitable 5 10 place designated by the president. Directors whose terms 5 11 commence at the organization meeting shall qualify by taking 5 12 the oath of office required by section 277.28 at or before the 5 13 organization meeting. 5 14 Sec. 10. Section 274.7, Code 2001, is amended to read as 5 15 follows: 5 16 274.7 DIRECTORS. 5 17 The affairs of each school corporation shall be conducted 5 18 by a board of directors, the members of which in all community 5 19 or independent school districts shall be chosen for a term of 5 20threefour years. 5 21 Sec. 11. Section 275.1, subsections 2 and 5, Code 2001, 5 22 are amended to read as follows: 5 23 2. "Initial board" means the board of a newly reorganized 5 24 district that is selected pursuant to section 275.25 or 275.41 5 25 and functions until the organizational meeting following the 5 26fourththird regular school election held after the effective 5 27 date of the reorganization. 5 28 5. "Regular board" means the board of a reorganized 5 29 district that begins to function at the organizational meeting 5 30 following thefourththird regular school election held after 5 31 the effective date of the school reorganization, and is 5 32 comprised of members who were elected to the current terms or 5 33 were appointed to replace members who were elected. 5 34 Sec. 12. Section 275.12, subsection 2, paragraphs b, c, d, 5 35 and e, Code Supplement 2001, are amended to read as follows: 6 1 b. Division of the entire school district into designated 6 2 geographical single director or multi-director subdistricts on 6 3 the basis of population for each director, to be known as 6 4 director districts, each of whichdirector districtsshall be 6 5 represented on the school board by one or more directors who 6 6 shall be residents of the director district but who shall be 6 7 elected by the vote of the electors of the entire school 6 8 district. The boundaries of the director districts and the 6 9 area and population included within each district shall be 6 10 such as justice, equity, and the interests of the people may 6 11 require. Changes in the boundaries of director districts 6 12 shall not be made during a period commencing sixty days prior 6 13 to the date of theannualregular school election.InsofarAs 6 14 far asmay bepracticable, the boundaries of the districts 6 15 shall follow established political or natural geographical 6 16 divisions. 6 17 c. Election of not more than one-half of the total number 6 18 of school directors at large from the entire district and the 6 19 remaining directors from and as residents of designated 6 20 single-member or multi-member director districts into which 6 21 the entire school district shall be divided on the basis of 6 22 population for each director. In such case, all directors 6 23 shall be elected by the electors of the entire school 6 24 district. Changes in the boundaries of director districts 6 25 shall not be made during a period commencing sixty days prior 6 26 to the date of theannualregular school election. 6 27 d. Division of the entire school district into designated 6 28 geographical single director or multi-director subdistricts on 6 29 the basis of population for each director, to be known as 6 30 director districts, each of whichdirector districtsshall be 6 31 represented on the school board by one or more directors who 6 32 shall be residents of the director district and who shall be 6 33 elected by the voters of the director district. Place of 6 34 voting in the director districts shall be designated by the 6 35 commissioner of elections. Changes in the boundaries of 7 1 director districts shall not be made during a period 7 2 commencing sixty days prior to the date of theannualregular 7 3 school election. 7 4 e. In districts having seven directors, election of three 7 5 directors at large by the electors of the entire district,one7 6 no more than two at eachannualregular school election, and 7 7 election of the remaining directors as residents of and by the 7 8 electors of individual geographic subdistricts established on 7 9 the basis of population and identified as director districts, 7 10 no more than two at a regular school election. Boundaries of 7 11 the subdistricts shall follow precinct boundaries,insofaras 7 12 far as practicable, and shall not be changed less than sixty 7 13 days prior to theannualregular school election. 7 14 Sec. 13. Section 275.25, subsection 3, Code 2001, is 7 15 amended to read as follows: 7 16 3. The directors who are elected and qualify to serve 7 17 shall serve until their successors are elected and qualify. 7 18 At the special election, the newly electeddirectordirectors 7 19 receiving the most votes shall be elected to serve untilthe7 20director's successor qualifiestheir successors qualify after 7 21 thefourththird regular school election date occurring after 7 22 the effective date of the reorganization;and the two newly 7 23 elected directors receiving the next largest number of votes 7 24 shall be elected to serve until the directors' successors 7 25 qualify after thethirdsecond regular school election date 7 26 occurring after the effective date of the reorganization; and7 27the two newly elected directors receiving the next largest7 28number of votes shall be elected to serve until the directors'7 29successors qualify after the second regular school election7 30date occurring after the effective date of the reorganization. 7 31 However, in districts that include all or a part of a city of 7 32 fifteen thousand or more population and in districts in which 7 33 the proposition to establish a new corporation provides for 7 34 the election of seven directors, thethree newly elected7 35directors receiving the most votes shall be elected to serve8 1until the directors' successors qualify after the fourth8 2regular school election date occurring after the effective8 3date of the reorganizationtimelines specified in this 8 4 subsection for the terms of office apply to the four newly 8 5 elected directors receiving the most votes and then to the 8 6 three newly elected directors receiving the next largest 8 7 number of votes. 8 8 Sec. 14. Section 275.36, Code 2001, is amended to read as 8 9 follows: 8 10 275.36 SUBMISSION OF CHANGE TO ELECTORS. 8 11 If a petition for a change in the number of directors or in 8 12 the method of election of school directors, describing the 8 13 boundaries of the proposed director districts, if any, signed 8 14 by eligible electors of the school district equal in number to 8 15 at least thirty percent of those who voted in the last 8 16 previousannualregular school election in the school 8 17 district, but not less than one hundred persons, and 8 18 accompanied by affidavit as required by section 275.13beis 8 19 filed with the school board of a school district, not earlier 8 20 than six months and not later than sixty-seven days before a 8 21 regular or special school election, the school board shall 8 22 submitsuchthe proposition to the voters at the election. If 8 23 a proposition for a change in the number of directors or in 8 24 the method of election of school directors submitted to the 8 25 voters under this section is rejected, it shall not be 8 26 resubmitted to the voters of the district in substantially the 8 27 same form within the next three years; if it is approved, no 8 28 other proposal may be submitted to the voters of the district 8 29 under this section within the next six years. 8 30 Sec. 15. Section 275.37, Code 2001, is amended to read as 8 31 follows: 8 32 275.37 INCREASE IN NUMBER OF DIRECTORS. 8 33 At the next succeedingannualregular school election in a 8 34 district where the number of directors has been increased from 8 35 five to seven, and directors are elected at large, there shall 9 1 be elected a director to succeed each incumbent director whose 9 2 term is expiring in that year, and two additional directors. 9 3 Upon organizing as required by section 279.1, either one or 9 4 two of the newly electeddirectordirectors who received the 9 5 fewest votes in the election shall be assigned a term of 9 6either one year ortwo yearsifas necessary in order that as 9 7 nearly as possibleone-thirdone-half of the members of the 9 8 board shall be electedeach yearbiennially. 9 9 Sec. 16. Section 275.38, Code 2001, is amended to read as 9 10 follows: 9 11 275.38 IMPLEMENTING CHANGED METHOD OF ELECTION. 9 12 If change in the method of election of school directors is 9 13 approved at a regular or special school election, the 9 14 directors who were serving unexpired terms or were elected 9 15 concurrently with approval of the change of method shall serve 9 16 out the terms for which they were elected. If the plan 9 17 adopted is that described in section 275.12, subsection 2, 9 18 paragraph"b," "c," "d," or "e,""b", "c", "d", or "e", the 9 19 board shall at the earliest practicable time designate the 9 20 districts from which residents are to be elected as school 9 21 directors at each of the nextthreetwo succeedingannual9 22 regular school elections, arranging so far as possible for 9 23 elections of directors as residents of the respective 9 24 districts to coincide with the expiration of terms of 9 25 incumbent members residing in those districts. If an increase 9 26 in the size of the board from five to seven members is 9 27 approved concurrently with the change in method of election of 9 28 directors, the board shall make the necessary adjustment in 9 29 the manner prescribed in section 275.37, as well as providing 9 30 for implementation of the districting plan under this section. 9 31 Sec. 17. Section 275.41, subsection 3, Code 2001, is 9 32 amended to read as follows: 9 33 3. Prior to the effective date of the reorganization, the 9 34 initial board shall approve a plan that commences at the 9 35secondfirst regular school election held after the effective 10 1 date of the merger and is completed at thefourththird 10 2 regular school election held after the effective date of the 10 3 merger, to replace the initial board with the regular board. 10 4 If the petition specifies a number of directors on the regular 10 5 board to be different from the number of directors on the 10 6 initial board, the plan shall provide that the number 10 7 specified in the petition for the regular board is in place by 10 8 the time the regular board is formed. The plan shall provide 10 9 that as nearly as possibleone-thirdone-half of the members 10 10 of the board shall be electedeach yearbiennially, and if a 10 11 special election was held to elect a member to create an odd 10 12 number of members on the board, the term of that member shall 10 13 end at the organizational meeting following thefourththird 10 14 regular school election held after the effective date. 10 15 Sec. 18. Section 277.1, Code 2001, is amended to read as 10 16 follows: 10 17 277.1 REGULAR ELECTION. 10 18 The regular election shall be heldannuallybiennially on 10 19 thesecondfirst Tuesday after the first Monday in September 10 20 of each odd-numbered year in each school district for the 10 21 election of officers of the district and merged area and for 10 22 the purpose of submitting to the voters any matter authorized 10 23 by law. 10 24 Sec. 19. Section 277.2, Code 2001, is amended to read as 10 25 follows: 10 26 277.2 SPECIAL ELECTION. 10 27 The board of directors in a school corporation may call a 10 28 special election at which the voters shall have the powers 10 29 exercised at the regular election with reference to the sale 10 30 of school property and the application to be made of the 10 31 proceeds, the authorization to change the method of election 10 32 of school directors to any method authorized by section 10 33 275.12, the authorization of seven members on the board of 10 34 directors, the authorization to establish or change the 10 35 boundaries of director districts, and the authorization of a 11 1 voter-approved physical plant and equipment levy or 11 2 indebtedness, as provided by law. 11 3 Sec. 20. Section 277.23, unnumbered paragraph 2, Code 11 4 2001, is amended to read as follows: 11 5 A change from five to seven directors shall be effected in 11 6 a district at the first regular election after authorization 11 7 by the voters or when a district becomes wholly or in part 11 8 within a city of fifteen thousand population or more in the 11 9 following manner: If thetermterms ofone directortwo 11 10 directors of the five-member boardexpiresexpire at the time 11 11 ofsaidthe regular election,threefour directors shall be 11 12 elected to serve until thethirdsecond following regular 11 13 electionthereafter; if the terms oftwothree directors 11 14 expire at the time ofsaidthe regular election, three 11 15 directors shall be elected to serve until thethirdsecond 11 16 following regular electionthereafterandone directortwo 11 17 directors shall be elected to servea term the expiration of11 18which coincides with the expiration of the term of the11 19director heretofore singly electeduntil the next regular 11 20 election. 11 21 Sec. 21. Section 277.25, Code 2001, is amended to read as 11 22 follows: 11 23 277.25 DIRECTORS IN NEW DISTRICTS. 11 24 At the first election in newly organized districts the 11 25 directors shall be elected as follows: 11 26 1. In districts having three directors,one directortwo 11 27 directors shall be elected forone year, one fortwo years, 11 28 and one forthreefour years. 11 29 2. In districts having five directors,twothree shall be 11 30 elected forone year, two fortwo years, andonetwo forthree11 31 four years. 11 32 3. In districts having seven directors,twofour shall be 11 33 elected forone year, two fortwo years, and three forthree11 34 four years. 11 35 Sec. 22. Section 278.2, unnumbered paragraph 2, Code 2001, 12 1 is amended to read as follows: 12 2 Petitions filed under this section shall be filed with the 12 3 secretary of the school board at least seventy-five days 12 4 before the date of theannualregular school election, if the 12 5 question is to be included on the ballot at that election. 12 6 The petition shall include the signatures of the petitioners, 12 7 a statement of their place of residence, and the date on which 12 8 they signed the petition. 12 9 Sec. 23. EFFECTIVE DATE, APPLICABILITY, AND TRANSITION. 12 10 This Act, being deemed of immediate importance, takes effect 12 11 upon enactment, for purposes of the transition from election 12 12 of directors of community and independent school districts, 12 13 merged areas, and area education agencies annually from terms 12 14 of three years each to the staggered election of such 12 15 directors biennially for terms of four years each. This Act 12 16 shall be applied so that the first election at which 12 17 directors, due to the expiration of predecessor director 12 18 terms, shall be elected to serve regular four-year terms is 12 19 the regular school election held in September 2003 or the 12 20 director district conventions held in September 2003. 12 21 The board of directors of each affected school district and 12 22 each merged area and area education agency shall review the 12 23 expiration dates of the terms of office of its directors and 12 24 shall adopt by resolution a plan for shortening terms of the 12 25 members for the annual school election or director district 12 26 convention held in September 2002 so that the members whose 12 27 terms expire at the regular school election or director 12 28 district convention held in September 2003 will be elected to 12 29 four-year terms. The board shall submit a copy of the 12 30 resolution adopting its plan to the office of the state 12 31 commissioner of elections no later than August 1, 2002. In 12 32 developing the plan, the board of directors shall take into 12 33 consideration the terms for which the members were elected and 12 34 the number of votes the members received in relation to the 12 35 number of votes other candidates received at the applicable 13 1 election or director district convention. 13 2 EXPLANATION 13 3 This bill provides for the election of the directors of 13 4 local school districts and merged areas in September in odd- 13 5 numbered years. Area education agencies are required by law 13 6 to hold their director district conventions within two weeks 13 7 of the regular school election. Area education agency board 13 8 directors are elected at those conventions. In order to 13 9 accomplish these purposes, the bill changes the terms of all 13 10 of these directors from three to four years and provides for a 13 11 transition period. 13 12 The bill takes effect upon enactment for purposes of 13 13 holding the area education agency director district 13 14 conventions in September 2003, and the first biennial regular 13 15 school election in September 2003. 13 16 Additional conforming amendments to the Code may be 13 17 necessary to fully implement the bill's provisions. 13 18 LSB 5235HH 79 13 19 sc/cf/24
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