House File 527 - Introduced
HOUSE FILE
BY STRUYK
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the manner in which a vacancy on a school
2 district board of directors is filled and including effective
3 and applicability date provisions.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 1458YH 81
6 sc/pj/5
PAG LIN
1 1 Section 1. Section 277.7, unnumbered paragraph 1, Code
1 2 2005, is amended to read as follows:
1 3 A petition filed with the school board to request an
1 4 election on a public measure or to request a special election
1 5 to fill a vacancy on the board of directors shall be examined
1 6 before it is accepted for filing. If the petition appears
1 7 valid on its face it shall be accepted for filing. If it
1 8 lacks the required number of signatures it shall be returned
1 9 to the petitioners.
1 10 Sec. 2. Section 279.6, Code 2005, is amended by striking
1 11 the section and inserting in lieu thereof the following:
1 12 279.6 VACANCIES IN ELECTION OFFICE == QUALIFICATION ==
1 13 TENURE.
1 14 Vacancies occurring among the members of a school board
1 15 shall be filled, at the board's option, by one of the two
1 16 following procedures:
1 17 1. By appointment by the remaining members of the board,
1 18 except that if the remaining members do not constitute a
1 19 quorum of the full membership or if the remaining members of
1 20 the board have not filled the vacancy within thirty days after
1 21 the vacancy occurs, subsection 2 shall be followed. The
1 22 appointment shall be for the period until the next pending
1 23 election as defined in section 69.12, and shall be made within
1 24 thirty days after the vacancy occurs. If the board chooses to
1 25 proceed under this subsection, the board shall publish notice
1 26 in a newspaper of general circulation in the school district
1 27 stating that the board intends to fill the vacancy by
1 28 appointment but that the electors of the school district have
1 29 the right to file a petition requiring that the vacancy be
1 30 filled by a special election. The notice shall also state
1 31 that if an election is petitioned for, the cost of the special
1 32 election shall be paid by a property tax levy imposed solely
1 33 for that purpose and such property tax will be due and payable
1 34 in the next fiscal year beginning following the election. The
1 35 board may publish notice in advance if an elected official
2 1 submits a resignation to take effect at a future date. The
2 2 board may make an appointment to fill the vacancy after the
2 3 notice is published or after the vacancy occurs, whichever is
2 4 later. Any person so appointed shall qualify within ten days
2 5 after the appointment in the manner required by section
2 6 277.28.
2 7 If within ten days after publication of the notice or
2 8 within ten days after the appointment is made, a petition is
2 9 filed with the secretary of the board requesting a special
2 10 election to fill the vacancy, an appointment to fill the
2 11 vacancy is temporary and the board shall call a special
2 12 election to fill the vacancy permanently, under subsection 2.
2 13 The petition must be signed by eligible electors equal in
2 14 number to not less than one hundred or thirty percent of the
2 15 number of voters at the last preceding regular school
2 16 election, whichever is greater. The petition shall include
2 17 the signatures of the petitioners, a statement of their place
2 18 of residence, and the date on which they signed the petition.
2 19 At the top of each page of the petition a statement shall be
2 20 included that the cost of the special election shall be paid
2 21 by a property tax levy imposed solely for that purpose and
2 22 such property tax will be due and payable in the fiscal year
2 23 beginning next following the election.
2 24 An appointment by the board to fill a vacancy in an
2 25 elective office shall be null and void if such appointment is
2 26 made more than thirty days after the vacancy occurs.
2 27 2. By a special election held to fill the office for the
2 28 remaining balance of the unexpired term. If the board opts
2 29 for a special election or if the remaining members of the
2 30 board have not filled the vacancy within the time required or
2 31 if a valid petition is filed under subsection 1, the secretary
2 32 of the board, or if there is no secretary, the area education
2 33 agency administrator, shall call a special election in the
2 34 district, subdistrict, or subdistricts, as the case may be, to
2 35 fill the vacancy or vacancies. The county commissioner of
3 1 elections shall publish the notices required by law for
3 2 special elections, and the election shall be held not sooner
3 3 than thirty days nor later than forty days after the thirtieth
3 4 day following the occurrence of the vacancy. If the secretary
3 5 fails for more than three days to call an election, the
3 6 administrator shall call the election.
3 7 Nomination petitions shall be filed in the manner provided
3 8 in section 277.4, except that the petitions shall be filed not
3 9 less than twenty=five days before the date set for the
3 10 election.
3 11 In any case of a special election to fill a vacancy
3 12 occurring among the members of a school board before the
3 13 expiration of a full term, the person so elected shall qualify
3 14 within ten days after the election in the manner required by
3 15 section 277.28 and shall hold office for the residue of the
3 16 unexpired term and until a successor is elected, or appointed,
3 17 and qualifies.
3 18 3. If a special election is called by petition pursuant to
3 19 subsection 1, the board of directors shall, for the next
3 20 fiscal year beginning following the election, certify a
3 21 property tax levy in an amount sufficient to pay the cost of
3 22 the election.
3 23 Sec. 3. Section 279.7, Code 2005, is amended by striking
3 24 the section and inserting in lieu thereof the following:
3 25 279.7 VACANCIES IN APPOINTIVE OFFICE == QUALIFICATION ==
3 26 TENURE.
3 27 Vacancies occurring among the appointive officers of a
3 28 school board shall be filled by the board by appointment. A
3 29 person appointed to fill a vacancy in an appointive office
3 30 shall hold such office for the residue of the unexpired term
3 31 and until a successor is appointed and qualifies. Any person
3 32 so appointed shall qualify within ten days after the
3 33 appointment by taking the oath of office in section 277.28.
3 34 Sec. 4. EFFECTIVE AND APPLICABILITY DATES. This Act,
3 35 being deemed of immediate importance, takes effect upon
4 1 enactment and applies to school board member vacancies
4 2 occurring on or after the effective date of this Act.
4 3 EXPLANATION
4 4 This bill makes changes relating to the manner in which a
4 5 vacancy on a school district board of directors is filled.
4 6 Under current law, a vacancy on a school district board of
4 7 directors is filled by the remaining members of the board.
4 8 However, if the board does not fill the vacancy by appointment
4 9 within 30 days after the vacancy occurs or if the board is
4 10 reduced below a quorum, the vacancy is filled by special
4 11 election.
4 12 The bill provides that a vacancy on a school district board
4 13 of directors shall be filled at the option of the board,
4 14 either by appointment or by special election. The bill
4 15 further provides that the vacancy must be filled by special
4 16 election if the board fails to make an appointment within 30
4 17 days after the vacancy occurs or if the board is reduced below
4 18 a quorum. In addition, the bill provides that if the board
4 19 chooses to fill the vacancy by appointment, the board shall
4 20 publish notice of that decision. If, within 10 days of
4 21 publication or within 10 days of an appointment being made, a
4 22 petition signed by eligible electors is filed with the school
4 23 district board secretary calling for a special election to
4 24 fill the vacancy, the vacancy shall be filled in that manner.
4 25 The bill further provides that if an election is petitioned
4 26 for, the cost of the special election shall be paid by a
4 27 property tax levy imposed solely for that purpose and such
4 28 property tax will be due and payable in the next fiscal year
4 29 beginning following the election.
4 30 Current law relating to vacancies in school district
4 31 appointive offices is not changed by the bill.
4 32 The bill takes effect upon enactment and applies to school
4 33 board member vacancies occurring on or after that date.
4 34 LSB 1458YH 81
4 35 sc:rj/pj/5.1