House File 2605 - Introduced
HOUSE FILE
BY MAY
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the election of officers for an alternative
2 form of county government, county sheriff, and schools, and
3 providing an effective date.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 5969HH 81
6 eg/sh/8
PAG LIN
1 1 DIVISION I
1 2 PARTISAN ELECTION
1 3 Section 1. Section 331.238, subsection 3, Code 2005, is
1 4 amended to read as follows:
1 5 3. An alternative form of county government for a county
1 6 with a population greater than twenty thousand shall provide
1 7 for the partisan election of its officers.
1 8 Sec. 2. EFFECTIVE DATE. This division of this Act, being
1 9 deemed of immediate importance, takes effect upon enactment.
1 10 DIVISION II
1 11 COUNTY SHERIFF ELECTION
1 12 Sec. 3. Section 39.17, Code 2005, is amended to read as
1 13 follows:
1 14 39.17 COUNTY OFFICERS.
1 15 1. There shall be elected in each county at the general
1 16 election to be held in the year 1976 and every four years
1 17 thereafter, an auditor and a sheriff, each to hold office for
1 18 a term of four years.
1 19 2. There shall be elected in each county at the general
1 20 election to be held in 1974 and each four years thereafter, a
1 21 treasurer, a recorder and a county attorney who shall hold
1 22 office for a term of four years.
1 23 Sec. 4. Section 66.19, Code 2005, is amended to read as
1 24 follows:
1 25 66.19 TEMPORARY OFFICER.
1 26 Upon a suspension, the board or person authorized to fill a
1 27 vacancy in the office shall temporarily fill the office by
1 28 appointment. In case of a suspension of a sheriff, the
1 29 district court county board of supervisors may designate an
1 30 acting sheriff until a temporary sheriff is appointed. Orders
1 31 of suspension and temporary appointment of the following
1 32 officers shall be certified as follows:
1 33 1. Except for the county sheriff, county and township
1 34 officers shall be certified to the county auditor for entry in
1 35 the election book; those of city.
2 1 2. City officers, shall be certified to the clerk and
2 2 entered upon the records; in case of.
2 3 3. All other officers, including the county sheriff, shall
2 4 be certified to the person or body making the original
2 5 appointment.
2 6 Sec. 5. Section 97B.49C, subsection 1, paragraph e, Code
2 7 Supplement 2005, is amended to read as follows:
2 8 e. "Sheriff" means a county sheriff as defined described
2 9 in section 39.17 331.651.
2 10 Sec. 6. Section 97B.49G, subsection 7, paragraph a,
2 11 subparagraph (1), Code 2005, is amended to read as follows:
2 12 (1) As a county sheriff as defined described in section
2 13 39.17 331.651.
2 14 Sec. 7. Section 331.651, subsections 1 and 2, Code 2005,
2 15 are amended to read as follows:
2 16 1. The office of sheriff is an elective appointed office.
2 17 However, if If a vacancy occurs in the office, the first
2 18 deputy shall assume the office after qualifying as provided in
2 19 this section. The first deputy shall hold the office until a
2 20 successor is appointed or elected to the unexpired term as
2 21 provided in chapter 69. If a sheriff is suspended from
2 22 office, the district court may appoint a sheriff until a
2 23 temporary appointment is made by the board as provided in
2 24 section 66.19.
2 25 A person elected or appointed sheriff shall meet all the
2 26 following qualifications:
2 27 a. Have no felony convictions.
2 28 b. Be age twenty=one or over at the time of assuming the
2 29 office of sheriff.
2 30 c. Be a certified peace officer recognized by the Iowa law
2 31 enforcement academy council under chapter 80B or complete the
2 32 basic training course provided at the Iowa law enforcement
2 33 academy's central training facility or a location other than
2 34 the central training facility within one year of taking
2 35 office. A person shall be deemed to have completed the basic
3 1 training course if the person meets all course requirements
3 2 except the physical training requirements.
3 3 2. A person elected or appointed to the office of sheriff
3 4 shall qualify by taking the oath of office as provided in
3 5 section 63.10 and give bond as provided in section 64.8.
3 6 Sec. 8. Section 331.661, Code 2005, is amended to read as
3 7 follows:
3 8 331.661 MULTICOUNTY OFFICE.
3 9 1. Two or more county boards of supervisors may adopt
3 10 resolutions proposing to share the services of a county
3 11 sheriff. The resolutions shall also propose that the question
3 12 of establishing the office of multicounty sheriff be submitted
3 13 to the electorate of the counties proposing to share the
3 14 services of a county sheriff. The proposal is adopted in
3 15 those counties where a majority of the electors voting
3 16 approves the proposal.
3 17 2. The county sheriff shall be elected appointed by a
3 18 majority of the votes cast for the office of county sheriff in
3 19 supervisors for all of the counties which the county sheriff
3 20 will serve. The election shall be conducted in accordance
3 21 with section 47.2, subsection 2.
3 22 3. The office of multicounty sheriff is created effective
3 23 on January 1 of the year following the next general election
3 24 at which the county sheriff is elected as provided by this
3 25 section and section 39.17 appointment by the supervisors.
3 26 Sec. 9. Section 411.30, subsection 4, unnumbered paragraph
3 27 1, Code 2005, is amended to read as follows:
3 28 Upon election or appointment as a county sheriff, was
3 29 transferred from membership under this chapter to membership
3 30 in a retirement system established in chapter 97B.
3 31 Sec. 10. Section 411.30, unnumbered paragraph 3, Code
3 32 2005, is amended to read as follows:
3 33 If the amount of the employer contributions transferred is
3 34 less than the amount that would have been contributed by the
3 35 employer under section 411.5, subsection 12, paragraph "b",
4 1 plus the interest that would have accrued on the
4 2 contributions, the board of trustees of the applicable
4 3 retirement system under this chapter shall determine the
4 4 remaining contribution amount due. The board of trustees
4 5 shall notify the county board of supervisors of the county in
4 6 which the sheriff was elected or appointed of the remaining
4 7 amount to be paid to the retirement system under this chapter.
4 8 Sec. 11. Section 411.30, unnumbered paragraph 5, Code
4 9 2005, is amended to read as follows:
4 10 From July 1, 1986, the county board of supervisors of the
4 11 county in which the sheriff was elected or appointed shall
4 12 deduct the contribution required of the member under section
4 13 411.8, subsection 1, paragraph "f", from the member's earnable
4 14 compensation and the county shall pay from the county general
4 15 fund an amount equal to the normal rate of contribution
4 16 multiplied by the member's earnable compensation to the
4 17 applicable retirement system for the period in which the
4 18 member remains sheriff or deputy sheriff of that county.
4 19 Sec. 12. TRANSITION. An elected county sheriff serving in
4 20 office on the effective date of this division of this Act
4 21 shall serve until the county sheriff's term of office expires.
4 22 Thereafter, the county board of supervisors shall fill the
4 23 office of county sheriff by appointment as provided in this
4 24 division of this Act.
4 25 Sec. 13. EFFECTIVE DATE. This division of this Act, being
4 26 deemed of immediate importance, takes effect upon enactment.
4 27 DIVISION III
4 28 SCHOOL ELECTION
4 29 Sec. 14. Section 39.24, Code 2005, is amended to read as
4 30 follows:
4 31 39.24 SCHOOL OFFICERS.
4 32 Members of boards of directors of community and independent
4 33 school districts, and boards of directors of merged areas
4 34 shall be elected at the school election. Their terms of
4 35 office shall be three four years, except as otherwise provided
5 1 by section 260C.11, or 260C.13, 275.23A, 275.37, or 275.37A.
5 2 Sec. 15. Section 260C.11, unnumbered paragraph 1, Code
5 3 2005, is amended to read as follows:
5 4 The governing board of a merged area is a board of
5 5 directors composed of one member elected from each director
5 6 district in the area by the electors of the respective
5 7 district. Members of the board shall be residents of the
5 8 district from which elected. Successors shall be chosen at
5 9 the annual regular school elections for members whose terms
5 10 expire. The term of a member of the board of directors is
5 11 three four years and commences at the organization meeting.
5 12 Vacancies on the board shall be filled at the next regular
5 13 meeting of the board by appointment by the remaining members
5 14 of the board. A member so chosen shall be a resident of the
5 15 district in which the vacancy occurred and shall serve until a
5 16 member is elected pursuant to section 69.12 to fill the
5 17 vacancy for the balance of the unexpired term. A vacancy is
5 18 defined in section 277.29. A member shall not serve on the
5 19 board of directors who is a member of a board of directors of
5 20 a local school district or a member of an area education
5 21 agency board.
5 22 Sec. 16. Section 260C.12, unnumbered paragraph 1, Code
5 23 2005, is amended to read as follows:
5 24 The board of directors of the merged area shall organize at
5 25 the first regular meeting in October of each year December
5 26 following the regular school election. Organization of the
5 27 board shall be effected by the election of a president and
5 28 other officers from the board membership as board members
5 29 determine. The board of directors shall appoint a secretary
5 30 and a treasurer who shall each give bond as prescribed in
5 31 section 291.2 and who shall each receive the salary determined
5 32 by the board. The secretary and treasurer shall perform
5 33 duties under chapter 291 and additional duties the board of
5 34 directors deems necessary. However, the board may appoint one
5 35 person to serve as the secretary and treasurer. If one person
6 1 serves as the secretary and treasurer, only one bond is
6 2 necessary for that person. The frequency of meetings other
6 3 than organizational meetings shall be as determined by the
6 4 board of directors but the president or a majority of the
6 5 members may call a special meeting at any time.
6 6 Sec. 17. Section 260C.13, subsection 1, Code 2005, is
6 7 amended to read as follows:
6 8 1. The board of a merged area may change the number of
6 9 directors on the board and shall make corresponding changes in
6 10 the boundaries of director districts. Changes shall be
6 11 completed not later than June August 1 for the regular school
6 12 election to be held the next following September of the year
6 13 of the regular school election. As soon as possible after
6 14 adoption of the boundary changes, notice of changes in the
6 15 director district boundaries shall be submitted by the merged
6 16 area to the county commissioner of elections in all counties
6 17 included in whole or in part in the merged area.
6 18 Sec. 18. Section 260C.15, subsection 1, Code 2005, is
6 19 amended to read as follows:
6 20 1. Regular elections held annually by the merged area for
6 21 the election of members of the board of directors as required
6 22 by section 260C.11, for the renewal of the twenty and one=
6 23 fourth cents per thousand dollars of assessed valuation levy
6 24 authorized in section 260C.22, or for any other matter
6 25 authorized by law and designated for election by the board of
6 26 directors of the merged area, shall be held on the date of the
6 27 school election as fixed by section 277.1. The election
6 28 notice shall be made a part of the local school election
6 29 notice published as provided in section 49.53 in each local
6 30 school district where voting is to occur in the merged area
6 31 election and the election shall be conducted by the county
6 32 commissioner of elections pursuant to chapters 39 to 53 and
6 33 section 277.20.
6 34 Sec. 19. Section 260C.22, subsection 1, paragraph a, Code
6 35 2005, is amended to read as follows:
7 1 a. In addition to the tax authorized under section
7 2 260C.17, the voters in any a merged area may at the annual
7 3 regular school election vote a tax not exceeding twenty and
7 4 one=fourth cents per thousand dollars of assessed value in any
7 5 one year for a period not to exceed ten years for the purchase
7 6 of grounds, construction of buildings, payment of debts
7 7 contracted for the construction of buildings, purchase of
7 8 buildings and equipment for buildings, and the acquisition of
7 9 libraries, for the purpose of paying costs of utilities, and
7 10 for the purpose of maintaining, remodeling, improving, or
7 11 expanding the community college of the merged area. If the
7 12 tax levy is approved under this section, the costs of
7 13 utilities shall be paid from the proceeds of the levy. The
7 14 tax shall be collected by the county treasurers and remitted
7 15 to the treasurer of the merged area as provided in section
7 16 331.552, subsection 29. The proceeds of the tax shall be
7 17 deposited in a separate and distinct fund to be known as the
7 18 voted tax fund, to be paid out upon warrants drawn by the
7 19 president and secretary of the board of directors of the
7 20 merged area district for the payment of costs incurred in
7 21 providing the school facilities for which the tax was voted.
7 22 Sec. 20. Section 273.8, subsection 1, Code 2005, is
7 23 amended to read as follows:
7 24 1. BOARD OF DIRECTORS. The board of directors of an area
7 25 education agency shall consist of not less than five nor more
7 26 than nine members, each a resident of and elected in the
7 27 manner provided in this section from a director district that
7 28 is approximately equal in population to the other director
7 29 districts in the area education agency. Each director shall
7 30 serve a three=year four=year term which commences at the
7 31 organization meeting.
7 32 Sec. 21. Section 273.8, subsection 2, paragraphs a and b,
7 33 Code 2005, are amended to read as follows:
7 34 a. Notice of the election shall be published by the area
7 35 education agency administrator not later than July September
8 1 15 of the even=numbered year in at least one newspaper of
8 2 general circulation in the director district. The cost of
8 3 publication shall be paid by the area education agency.
8 4 b. A candidate for election to the area education agency
8 5 board shall file a statement of candidacy with the area
8 6 education agency secretary not later than August October 15 of
8 7 the even=numbered year, on forms prescribed by the department
8 8 of education. The statement of candidacy shall include the
8 9 candidate's name, address, and school district. The list of
8 10 candidates shall be sent by the secretary of the area
8 11 education agency in ballot form by certified mail to the
8 12 presidents of the boards of directors of all school districts
8 13 within the director district not later than September November
8 14 1. In order for the ballot to be counted, the ballot must be
8 15 received in the secretary's office by the end of the normal
8 16 business day on September November 30 or be clearly postmarked
8 17 by an officially authorized postal service not later than
8 18 September November 29 and received by the secretary not later
8 19 than noon on the first Monday following September November 30.
8 20 Sec. 22. Section 273.8, subsection 4, unnumbered paragraph
8 21 1, Code 2005, is amended to read as follows:
8 22 The board of directors of each area education agency shall
8 23 meet and organize at the first regular meeting in October of
8 24 each year December following the regular school election at a
8 25 suitable place designated by the president. Directors whose
8 26 terms commence at the organization meeting shall qualify by
8 27 taking the oath of office required by section 277.28 at or
8 28 before the organization meeting.
8 29 Sec. 23. Section 273.8, subsection 7, Code 2005, is
8 30 amended to read as follows:
8 31 7. BOUNDARY LINE CHANGES. To the extent possible the
8 32 board shall provide that changes in the boundary lines of
8 33 director districts of area education agencies shall not
8 34 lengthen or diminish the term of office of a director of an
8 35 area education agency board. Initial terms of office shall be
9 1 set by the board so that as nearly as possible the terms of
9 2 one=third one=half of the members expire annually biennially.
9 3 Sec. 24. Section 274.7, Code 2005, is amended to read as
9 4 follows:
9 5 274.7 DIRECTORS.
9 6 The affairs of each school corporation shall be conducted
9 7 by a board of directors, the members of which in all community
9 8 or independent school districts shall be chosen for a term of
9 9 three four years.
9 10 Sec. 25. Section 275.1, subsections 2 and 5, Code 2005,
9 11 are amended to read as follows:
9 12 2. "Initial board" means the board of a newly reorganized
9 13 district that is selected pursuant to section 275.25 or 275.41
9 14 and functions until the organizational meeting following the
9 15 fourth third regular school election held after the effective
9 16 date of the reorganization.
9 17 5. "Regular board" means the board of a reorganized
9 18 district that begins to function at the organizational meeting
9 19 following the fourth third regular school election held after
9 20 the effective date of the school reorganization, and is
9 21 comprised of members who were elected to the current terms or
9 22 were appointed to replace members who were elected.
9 23 Sec. 26. Section 275.12, subsection 2, paragraphs b, c, d,
9 24 and e, Code 2005, are amended to read as follows:
9 25 b. Division of the entire school district into designated
9 26 geographical single director or multi=director subdistricts on
9 27 the basis of population for each director, to be known as
9 28 director districts, each of which director districts shall be
9 29 represented on the school board by one or more directors who
9 30 shall be residents of the director district but who shall be
9 31 elected by the vote of the electors of the entire school
9 32 district. The boundaries of the director districts and the
9 33 area and population included within each district shall be
9 34 such as justice, equity, and the interests of the people may
9 35 require. Changes in the boundaries of director districts
10 1 shall not be made during a period commencing sixty days prior
10 2 to the date of the annual regular school election. Insofar as
10 3 may be To the extent practicable, the boundaries of the
10 4 districts shall follow established political or natural
10 5 geographical divisions.
10 6 c. Election of not more than one=half of the total number
10 7 of school directors at large from the entire district and the
10 8 remaining directors from and as residents of designated
10 9 single=member or multimember director districts into which the
10 10 entire school district shall be divided on the basis of
10 11 population for each director. In such case, all directors
10 12 shall be elected by the electors of the entire school
10 13 district. Changes in the boundaries of director districts
10 14 shall not be made during a period commencing sixty days prior
10 15 to the date of the annual regular school election.
10 16 d. Division of the entire school district into designated
10 17 geographical single director or multi=director subdistricts on
10 18 the basis of population for each director, to be known as
10 19 director districts, each of which director districts shall be
10 20 represented on the school board by one or more directors who
10 21 shall be residents of the director district and who shall be
10 22 elected by the voters of the director district. Place of
10 23 voting in the director districts shall be designated by the
10 24 commissioner of elections. Changes in the boundaries of
10 25 director districts shall not be made during a period
10 26 commencing sixty days prior to the date of the annual regular
10 27 school election.
10 28 e. In districts having seven directors, election of three
10 29 directors at large by the electors of the entire district, one
10 30 no more than two at each annual regular school election, and
10 31 election of the remaining directors as residents of and by the
10 32 electors of individual geographic subdistricts established on
10 33 the basis of population and identified as director districts,
10 34 no more than two at a regular school election. Boundaries of
10 35 the subdistricts shall follow precinct boundaries, insofar as
11 1 far as practicable, and shall not be changed less than sixty
11 2 days prior to the annual regular school election.
11 3 Sec. 27. Section 275.25, subsection 3, Code 2005, is
11 4 amended to read as follows:
11 5 3. The directors who are elected and qualify to serve
11 6 shall serve until their successors are elected and qualify.
11 7 At the special election, the newly elected director directors
11 8 receiving the most votes shall be elected to serve until the
11 9 director's successor qualifies their successors qualify after
11 10 the fourth third regular school election date occurring after
11 11 the effective date of the reorganization; and the two newly
11 12 elected directors receiving the next largest number of votes
11 13 shall be elected to serve until the directors' successors
11 14 qualify after the third second regular school election date
11 15 occurring after the effective date of the reorganization; and
11 16 the two newly elected directors receiving the next largest
11 17 number of votes shall be elected to serve until the directors'
11 18 successors qualify after the second regular school election
11 19 date occurring after the effective date of the reorganization.
11 20 However, in districts that include all or a part of a city of
11 21 fifteen thousand or more population and in districts in which
11 22 the proposition to establish a new corporation provides for
11 23 the election of seven directors, the three newly elected
11 24 directors receiving the most votes shall be elected to serve
11 25 until the directors' successors qualify after the fourth
11 26 regular school election date occurring after the effective
11 27 date of the reorganization timelines specified in this
11 28 subsection for the terms of office apply to the four newly
11 29 elected directors receiving the most votes and then to the
11 30 three newly elected directors receiving the next largest
11 31 number of votes.
11 32 Sec. 28. Section 275.37, Code 2005, is amended to read as
11 33 follows:
11 34 275.37 INCREASE IN NUMBER OF DIRECTORS.
11 35 At the next succeeding annual regular school election in a
12 1 district where the number of directors has been increased from
12 2 five to seven, and directors are elected at large, there shall
12 3 be elected a director to succeed each incumbent director whose
12 4 term is expiring in that year, and two additional directors.
12 5 Upon organizing as required by section 279.1, either one or
12 6 two of the newly elected director directors who received the
12 7 fewest votes in the election shall be assigned a term of
12 8 either one year or two years if as necessary in order that as
12 9 nearly as possible one=third one=half of the members of the
12 10 board shall be elected each year biennially. If some or all
12 11 directors are elected from director districts, the board shall
12 12 assign terms appropriate for the method of election used by
12 13 the district.
12 14 Sec. 29. Section 275.37A, Code 2005, is amended to read as
12 15 follows:
12 16 275.37A DECREASE IN NUMBER OF DIRECTORS.
12 17 1. A change from seven to five directors shall be effected
12 18 in a district at the first regular school election after
12 19 authorization by the voters in the following manner:
12 20 a. If at the first election in the district there are
12 21 three four terms expiring, one director three directors shall
12 22 be elected. At the second election in that district, if two
12 23 three terms are expiring, two directors shall be elected. At
12 24 the third election in that district, if there are two terms
12 25 expiring, two directors shall be elected.
12 26 b. If at the first election there are two three terms
12 27 expiring, no two directors shall be elected. At the second
12 28 election in that district, if two four terms are expiring, two
12 29 three directors shall be elected. At the third election in
12 30 that district, if there are three terms expiring, three
12 31 directors shall be elected, two for three years and one for
12 32 one year. The newly elected director who received the fewest
12 33 votes in the election shall be assigned a term of one year.
12 34 c. If at the first election there are two terms expiring,
12 35 no directors shall be elected. At the second election in that
13 1 district, if three terms are expiring, three directors shall
13 2 be elected, two for three years and one for two years. The
13 3 newly elected director who received the fewest votes in the
13 4 election shall be assigned a term of two years. At the third
13 5 election in that district, if there are two terms expiring,
13 6 two directors shall be elected.
13 7 2. If some or all of the directors are elected from
13 8 director districts, the board shall devise a plan to reduce
13 9 the number of members so that as nearly as possible one=third
13 10 one=half of the members of the board shall be elected each
13 11 year biennially and so that each district will be continuously
13 12 represented.
13 13 Sec. 30. Section 275.38, Code 2005, is amended to read as
13 14 follows:
13 15 275.38 IMPLEMENTING CHANGED METHOD OF ELECTION.
13 16 If change in the method of election of school directors is
13 17 approved at a regular or special school election, the
13 18 directors who were serving unexpired terms or were elected
13 19 concurrently with approval of the change of method shall serve
13 20 out the terms for which they were elected. If the plan
13 21 adopted is that described in section 275.12, subsection 2,
13 22 paragraph "b," "c," "d," or "e," "b", "c", "d", or "e", the
13 23 board shall at the earliest practicable time designate the
13 24 districts from which residents are to be elected as school
13 25 directors at each of the next three two succeeding annual
13 26 regular school elections, arranging so far as possible for
13 27 elections of directors as residents of the respective
13 28 districts to coincide with the expiration of terms of
13 29 incumbent members residing in those districts. If an increase
13 30 in the size of the board from five to seven members is
13 31 approved concurrently with the change in method of election of
13 32 directors, the board shall make the necessary adjustment in
13 33 the manner prescribed in section 275.37, as well as providing
13 34 for implementation of the districting plan under this section.
13 35 Sec. 31. Section 275.41, subsection 3, Code Supplement
14 1 2005, is amended to read as follows:
14 2 3. Prior to the effective date of the reorganization, the
14 3 initial board shall approve a plan that commences at the
14 4 second first regular school election held after the effective
14 5 date of the merger and is completed at the fourth third
14 6 regular school election held after the effective date of the
14 7 merger, to replace the initial board with the regular board.
14 8 If the petition specifies a number of directors on the regular
14 9 board to be different from the number of directors on the
14 10 initial board, the plan shall provide that the number
14 11 specified in the petition for the regular board is in place by
14 12 the time the regular board is formed. The plan shall provide
14 13 that as nearly as possible one=third one=half of the members
14 14 of the board shall be elected each year biennially, and if a
14 15 special election was held to elect a member to create an odd
14 16 number of members on the board, the term of that member shall
14 17 end at the organizational meeting following the fourth third
14 18 regular school election held after the effective date.
14 19 Sec. 32. Section 277.1, Code 2005, is amended to read as
14 20 follows:
14 21 277.1 REGULAR ELECTION.
14 22 The regular election shall be held annually on the second
14 23 first Tuesday after the first Monday in September November of
14 24 each even=numbered year in each school district for the
14 25 election of officers of the district and merged area and for
14 26 the purpose of submitting to the voters any matter authorized
14 27 by law.
14 28 Sec. 33. Section 277.25, Code 2005, is amended to read as
14 29 follows:
14 30 277.25 DIRECTORS IN NEW DISTRICTS.
14 31 At the first election in newly organized districts the
14 32 directors shall be elected as follows:
14 33 1. In districts having three directors, one director two
14 34 directors shall be elected for one year, one for two years,
14 35 and one for three four years.
15 1 2. In districts having five directors, two three shall be
15 2 elected for one year, two for two years, and one two for three
15 3 four years.
15 4 3. In districts having seven directors, two four shall be
15 5 elected for one year, two for two years, and three for three
15 6 four years.
15 7 Sec. 34. Section 278.2, unnumbered paragraph 2, Code 2005,
15 8 is amended to read as follows:
15 9 Petitions filed under this section shall be filed with the
15 10 secretary of the school board at least seventy=five days
15 11 before the date of the annual regular school election, if the
15 12 question is to be included on the ballot at that election.
15 13 The petition shall include the signatures of the petitioners,
15 14 a statement of their place of residence, and the date on which
15 15 they signed the petition.
15 16 Sec. 35. EFFECTIVE DATE, APPLICABILITY, AND TRANSITION.
15 17 This division of this Act, being deemed of immediate
15 18 importance, takes effect upon enactment for purposes of the
15 19 transition from election of directors of community and
15 20 independent school districts, merged areas, and area education
15 21 agencies annually from terms of three years each to the
15 22 staggered election of such directors biennially for terms of
15 23 four years each. This division of this Act shall be applied
15 24 so that the first election at which directors, due to the
15 25 expiration of predecessor director terms, shall be elected to
15 26 serve regular four=year terms is the regular school election
15 27 held in November 2008 or the director district conventions
15 28 held in November 2008.
15 29 The board of directors of each affected school district and
15 30 each merged area and area education agency shall review the
15 31 expiration dates of the terms of office of its directors and
15 32 shall adopt by resolution a plan for shortening or lengthening
15 33 terms of members for the annual school election or director
15 34 district convention held in September 2007 so that all members
15 35 whose terms expire at the regular school election or director
16 1 district convention held in November 2008 will be elected to
16 2 four=year terms, with the remaining members of the board
16 3 having their terms expire at the regular school election or
16 4 director district convention held in November 2010. The board
16 5 shall submit a copy of the resolution adopting its plan to the
16 6 office of the state commissioner of elections no later than
16 7 December 1, 2007. In developing the plan, the board of
16 8 directors shall take into consideration the terms for which
16 9 the members were elected and the number of votes the members
16 10 received in relation to the number of votes other candidates
16 11 received at the applicable election or director district
16 12 convention.
16 13 EXPLANATION
16 14 This bill concerns election requirements.
16 15 Under current law, an alternative form of county government
16 16 must provide for the partisan election of its officers. The
16 17 bill provides that a county with a population in excess of
16 18 20,000 must provide for such partisan election. The partisan
16 19 election requirement is dropped for counties having a
16 20 population of 20,000 or less.
16 21 Under current law, a sheriff is elected every four years to
16 22 hold office for a term of four years. The bill requires a
16 23 county board of supervisors to appoint a sheriff to hold
16 24 office for a four=year term. Conforming amendments and a
16 25 transition provision are included in the bill.
16 26 The bill provides for the election of directors of local
16 27 school districts and merged areas on the same day as the
16 28 regular general election in November in even=numbered years.
16 29 Area education agencies are required by law to hold director
16 30 district conventions within two weeks of the regular school
16 31 election. Area education agency board directors are elected
16 32 at those conventions. In order to accomplish these purposes,
16 33 the bill changes the terms of all of these directors from
16 34 three to four years and provides for a transition period.
16 35 Each division of the bill takes effect upon enactment to
17 1 allow time for planning and transition.
17 2 LSB 5969HH 81
17 3 eg:nh/sh/8