House Study Bill 541 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON VANDER LINDEN) A BILL FOR An Act relating to school corporations by changing the date 1 of the election of directors of local school districts, 2 merged areas, and area education agency boards and including 3 applicability and transition provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5604YC (2) 86 aw/sc

H.F. _____ DIVISION I 1 ELECTION DAY FOR REGULAR SCHOOL ELECTIONS 2 Section 1. Section 39.2, subsection 4, paragraph c, Code 3 2016, is amended to read as follows: 4 c. For a school district or merged area, in the odd-numbered 5 year, the first Tuesday in February, the first Tuesday in 6 April, the last Tuesday in June, or the second Tuesday in 7 September. For a school district or merged area, in the 8 even-numbered year, the first Tuesday in February, the first 9 Tuesday in April, the second first Tuesday after the first 10 Monday in September November , or the first Tuesday in December. 11 Sec. 2. Section 260C.12, subsection 1, Code 2016, is amended 12 to read as follows: 13 1. The board of directors of the merged area shall organize 14 at the first regular meeting in October December following the 15 regular school election. Organization of the board shall be 16 effected by the election of a president and other officers from 17 the board membership as board members determine. The board 18 of directors shall appoint a secretary and a treasurer who 19 shall each give bond as prescribed in section 291.2 and who 20 shall each receive the salary determined by the board. The 21 secretary and treasurer shall perform duties under chapter 291 22 and additional duties the board of directors deems necessary. 23 However, the board may appoint one person to serve as the 24 secretary and treasurer. If one person serves as the secretary 25 and treasurer, only one bond is necessary for that person. The 26 frequency of meetings other than organizational meetings shall 27 be as determined by the board of directors but the president 28 or a majority of the members may call a special meeting at any 29 time. 30 Sec. 3. Section 260C.13, subsection 1, Code 2016, is amended 31 to read as follows: 32 1. The board of a merged area may change the number of 33 directors on the board and shall make corresponding changes 34 in the boundaries of director districts. Changes shall be 35 -1- LSB 5604YC (2) 86 aw/sc 1/ 5

H.F. _____ completed not later than June August 1 of the year of the 1 regular school election. As soon as possible after adoption 2 of the boundary changes, notice of changes in the director 3 district boundaries shall be submitted by the merged area to 4 the county commissioner of elections in all counties included 5 in whole or in part in the merged area. 6 Sec. 4. Section 273.8, subsection 2, paragraphs a and b, 7 Code 2016, are amended to read as follows: 8 a. Notice of the election shall be published by the area 9 education agency administrator not later than July September 15 10 of the odd-numbered year in at least one newspaper of general 11 circulation in the director district. The cost of publication 12 shall be paid by the area education agency. 13 b. A candidate for election to the area education agency 14 board shall file a statement of candidacy with the area 15 education agency secretary not later than August October 15 of 16 the odd-numbered year, on forms prescribed by the department 17 of education. The statement of candidacy shall include the 18 candidate’s name, address, and school district. The list of 19 candidates shall be sent by the secretary of the area education 20 agency in ballot form by certified mail to the presidents of 21 the boards of directors of all school districts within the 22 director district not later than September November 1. In 23 order for the ballot to be counted, the ballot must be received 24 in the secretary’s office by the end of the normal business 25 day on September November 30 or be clearly postmarked by an 26 officially authorized postal service not later than September 27 November 29 and received by the secretary not later than noon 28 on the first Monday following September November 30. 29 Sec. 5. Section 273.8, subsection 4, paragraph a, Code 2016, 30 is amended to read as follows: 31 a. The board of directors of each area education agency 32 shall meet and organize at the first regular meeting in October 33 December following the regular school election at a suitable 34 place designated by the president. Directors whose terms 35 -2- LSB 5604YC (2) 86 aw/sc 2/ 5

H.F. _____ commence at the organizational meeting shall qualify by taking 1 the oath of office required by section 277.28 at or before the 2 organizational meeting. 3 Sec. 6. Section 273.8, subsection 6, Code 2016, is amended 4 to read as follows: 5 6. Change in directors. The board of an area education 6 agency may change the number of directors on the board and 7 shall make corresponding changes in the boundaries of director 8 districts. Changes shall be completed not later than July 9 September 1 of a fiscal the odd-numbered year for the director 10 district conventions to be held the following September 11 November . 12 Sec. 7. Section 277.1, Code 2016, is amended to read as 13 follows: 14 277.1 Regular election. 15 The regular election shall be held biennially on the second 16 first Tuesday after the first Monday in September November of 17 each odd-numbered year in each school district for the election 18 of officers of the district and merged area and for the purpose 19 of submitting to the voters any matter authorized by law. 20 Sec. 8. Section 277.20, Code 2016, is amended to read as 21 follows: 22 277.20 Canvassing returns. 23 1. On the next Friday after After the regular school 24 election, the county board of supervisors shall canvass the 25 returns made to the county commissioner of elections from 26 the several precinct polling places and the absentee ballot 27 counting board, ascertain the result of the voting with regard 28 to every matter voted upon and cause a record to be made 29 thereof , all as required by section 50.24 . Special elections 30 held in school districts shall be canvassed at the time and in 31 the manner required by that section. The board shall declare 32 the results of the voting for members of boards of directors of 33 school corporations nominated pursuant to section 277.4 , and 34 the commissioner shall at once issue a certificate of election 35 -3- LSB 5604YC (2) 86 aw/sc 3/ 5

H.F. _____ to each person declared elected. The board shall also declare 1 the results of the voting on any public question submitted to 2 the voters of a single school district, and the commissioner 3 shall certify the result as required by section 50.27 . 4 2. The abstracts of the votes cast for members of the board 5 of directors of any merged area, and of the votes cast on any 6 public question submitted to the voters of any merged area, 7 shall be promptly certified by the commissioner to the county 8 commissioner of elections who is responsible under section 47.2 9 for conducting the elections held for that merged area. 10 Sec. 9. APPLICABILITY. 11 1. This division of this Act applies to regular school 12 elections held on or after November 7, 2017, and to the terms 13 of office of directors of local school districts, merged areas, 14 and area education agencies commencing on or after that date. 15 2. Under this division of this Act, the regular school 16 elections previously scheduled to be held in September 17 2017 shall be held in November 2017, and all such elections 18 previously scheduled to be held in September 2019 shall be held 19 in November 2019. 20 DIVISION II 21 TRANSITION PROVISIONS 22 Sec. 10. TERM OF OFFICE —— TRANSITION PROVISIONS. 23 1. Notwithstanding the provisions of section 260C.11 24 designating a term of four years for members of a board of 25 directors of a merged area, the term of office for a seat on a 26 board of directors filled at the regular school election held 27 on: 28 a. September 10, 2013, shall expire November 7, 2017. 29 b. September 8, 2015, shall expire November 5, 2019. 30 2. Notwithstanding the provisions of section 273.8, 31 subsection 1, designating a term of four years for members of 32 a board of directors of an area education agency, the term of 33 office for a seat on a board of directors filled by election 34 in: 35 -4- LSB 5604YC (2) 86 aw/sc 4/ 5

H.F. _____ a. September 2013 shall expire November 30, 2017. 1 b. September 2015 shall expire November 30, 2019. 2 3. Notwithstanding the provisions of section 274.7 3 designating a term of four years for members of a board of 4 directors of a school district, the term of office for a seat 5 on a board of directors filled at the regular school election 6 held on: 7 a. September 10, 2013, shall expire November 7, 2017. 8 b. September 8, 2015, shall expire November 5, 2019. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanation’s substance by the members of the general assembly. 12 This bill changes the date of regular school elections 13 for local school districts, merged areas, and area education 14 agencies. Division I of the bill moves the date of the regular 15 school election from the second Tuesday in September in 16 odd-numbered years to the first Tuesday after the first Monday 17 in November of odd-numbered years, which is also the date of 18 the regular city election. 19 Because area education agency board directors are elected at 20 the director district conventions by members of school boards, 21 the division also changes the date of their election from 22 September to November. 23 The division applies to regular school elections held on or 24 after November 7, 2017. Under the bill, the regular school 25 elections previously scheduled to be held in September 2017 26 shall be held in November 2017 and those elections previously 27 scheduled to be held in September 2019 shall be held in 28 November 2019. 29 Division II of the bill includes transition provisions 30 related to the current terms of office for seats on boards 31 of directors for school districts, merged areas, and area 32 education agencies. 33 -5- LSB 5604YC (2) 86 aw/sc 5/ 5