Senate File 115 - Introduced



                                       SENATE FILE       
                                       BY  BOETTGER


    Passed Senate,  Date               Passed House, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to school corporations by changing the date of
  2    the election of directors of local school districts and merged
  3    areas, changing the terms of office for elective offices,
  4    changing the date of the organization meeting of a school
  5    board, requiring the oath of office for school corporation
  6    board members to be taken at the organization meeting, and
  7    including an effective date, applicability, and transition
  8    provision.
  9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
 10 TLSB 1070SS 81
 11 sc/sh/8

PAG LIN



  1  1    Section 1.  Section 39.24, Code 2005, 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, 275.37, or 275.37A.
  1  9    Sec. 2.  Section 260C.11, unnumbered paragraph 1, Code
  1 10 2005, 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 2005, 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 2005, 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 2005,
  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 or
  3 12 at the last regular board meeting in September, canvass the
  3 13 abstracts of votes cast and declare the results of the voting.
  3 14 The commissioner shall at once issue certificates of election
  3 15 to each person declared elected, and shall certify to the
  3 16 merged area board in substantially the manner prescribed by
  3 17 section 50.27 the result of the voting on any public question
  3 18 submitted to the voters of the merged area.  Members elected
  3 19 to the board of directors of a merged area shall qualify by
  3 20 taking the oath of office prescribed in section 277.28 at the
  3 21 organization meeting.
  3 22    Sec. 6.  Section 260C.22, subsection 1, paragraph a, Code
  3 23 2005, 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, subsection 4, unnumbered paragraph
  4 11 1, Code 2005, is amended to read as follows:
  4 12    The board of directors of each area education agency shall
  4 13 meet and organize at the first regular meeting in October of
  4 14 each year at a suitable place designated by the president.
  4 15 Directors whose terms commence at the organization meeting
  4 16 shall qualify by taking the oath of office required by section
  4 17 277.28 at or before the organization meeting.
  4 18    Sec. 8.  Section 274.7, Code 2005, is amended to read as
  4 19 follows:
  4 20    274.7  DIRECTORS.
  4 21    The affairs of each school corporation shall be conducted
  4 22 by a board of directors, the members of which in all community
  4 23 or independent school districts shall be chosen for a term of
  4 24 three four years.
  4 25    Sec. 9.  Section 275.1, subsections 2 and 5, Code 2005, are
  4 26 amended to read as follows:
  4 27    2.  "Initial board" means the board of a newly reorganized
  4 28 district that is selected pursuant to section 275.25 or 275.41
  4 29 and functions until the organizational meeting following the
  4 30 fourth third regular school election held after the effective
  4 31 date of the reorganization.
  4 32    5.  "Regular board" means the board of a reorganized
  4 33 district that begins to function at the organizational meeting
  4 34 following the fourth third regular school election held after
  4 35 the effective date of the school reorganization, and is
  5  1 comprised of members who were elected to the current terms or
  5  2 were appointed to replace members who were elected.
  5  3    Sec. 10.  Section 275.12, subsection 2, paragraphs b, c, d,
  5  4 and e, Code 2005, are amended to read as follows:
  5  5    b.  Division of the entire school district into designated
  5  6 geographical single director or multi=director subdistricts on
  5  7 the basis of population for each director, to be known as
  5  8 director districts, each of which director districts shall be
  5  9 represented on the school board by one or more directors who
  5 10 shall be residents of the director district but who shall be
  5 11 elected by the vote of the electors of the entire school
  5 12 district.  The boundaries of the director districts and the
  5 13 area and population included within each district shall be
  5 14 such as justice, equity, and the interests of the people may
  5 15 require.  Changes in the boundaries of director districts
  5 16 shall not be made during a period commencing sixty days prior
  5 17 to the date of the annual regular school election.  Insofar As
  5 18 far as may be practicable, the boundaries of the districts
  5 19 shall follow established political or natural geographical
  5 20 divisions.
  5 21    c.  Election of not more than one=half of the total number
  5 22 of school directors at large from the entire district and the
  5 23 remaining directors from and as residents of designated
  5 24 single=member or multimember director districts into which the
  5 25 entire school district shall be divided on the basis of
  5 26 population for each director.  In such case, all directors
  5 27 shall be elected by the electors of the entire school
  5 28 district. Changes in the boundaries of director districts
  5 29 shall not be made during a period commencing sixty days prior
  5 30 to the date of the annual regular school election.
  5 31    d.  Division of the entire school district into designated
  5 32 geographical single director or multi=director subdistricts on
  5 33 the basis of population for each director, to be known as
  5 34 director districts, each of which director districts shall be
  5 35 represented on the school board by one or more directors who
  6  1 shall be residents of the director district and who shall be
  6  2 elected by the voters of the director district.  Place of
  6  3 voting in the director districts shall be designated by the
  6  4 commissioner of elections.  Changes in the boundaries of
  6  5 director districts shall not be made during a period
  6  6 commencing sixty days prior to the date of the annual regular
  6  7 school election.
  6  8    e.  In districts having seven directors, election of three
  6  9 directors at large by the electors of the entire district, one
  6 10 no more than two at each annual regular school election, and
  6 11 election of the remaining directors as residents of and by the
  6 12 electors of individual geographic subdistricts established on
  6 13 the basis of population and identified as director districts,
  6 14 no more than two at a regular school election.  Boundaries of
  6 15 the subdistricts shall follow precinct boundaries, insofar as
  6 16 far as practicable, and shall not be changed less than sixty
  6 17 days prior to the annual regular school election.
  6 18    Sec. 11.  Section 275.25, subsection 3, Code 2005, is
  6 19 amended to read as follows:
  6 20    3.  The directors who are elected and qualify to serve
  6 21 shall serve until their successors are elected and qualify.
  6 22 At the special election, the three newly elected director
  6 23 directors receiving the most votes shall be elected to serve
  6 24 until the director's successor qualifies their successors
  6 25 qualify after the fourth third regular school election date
  6 26 occurring after the effective date of the reorganization; and
  6 27 the two newly elected directors receiving the next largest
  6 28 number of votes shall be elected to serve until the directors'
  6 29 successors qualify after the third second regular school
  6 30 election date occurring after the effective date of the
  6 31 reorganization; and the two newly elected directors receiving
  6 32 the next largest number of votes shall be elected to serve
  6 33 until the directors' successors qualify after the second
  6 34 regular school election date occurring after the effective
  6 35 date of the reorganization.  However, in districts that
  7  1 include all or a part of a city of fifteen thousand or more
  7  2 population and in districts in which the proposition to
  7  3 establish a new corporation provides for the election of seven
  7  4 directors, the three newly elected directors receiving the
  7  5 most votes shall be elected to serve until the directors'
  7  6 successors qualify after the fourth regular school election
  7  7 date occurring after the effective date of the reorganization
  7  8 time lines specified in this subsection for the terms of
  7  9 office apply to the four newly elected directors receiving the
  7 10 most votes and then to the three newly elected directors
  7 11 receiving the next largest number of votes.
  7 12    Sec. 12.  Section 275.37, Code 2005, is amended to read as
  7 13 follows:
  7 14    275.37  INCREASE IN NUMBER OF DIRECTORS.
  7 15    At the next succeeding annual regular school election in a
  7 16 district where the number of directors has been increased from
  7 17 five to seven, and directors are elected at large, there shall
  7 18 be elected a director to succeed each incumbent director whose
  7 19 term is expiring in that year, and two additional directors.
  7 20 Upon organizing as required by section 279.1, either one or
  7 21 two of the newly elected director directors who received the
  7 22 fewest votes in the election shall be assigned a term of
  7 23 either one year or two years if as necessary in order that as
  7 24 nearly as possible one=third one=half of the members of the
  7 25 board shall be elected each year biennially.  If some or all
  7 26 directors are elected from director districts, the board shall
  7 27 assign terms appropriate for the method of election used by
  7 28 the district.
  7 29    Sec. 13.  Section 275.37A, Code 2005, is amended to read as
  7 30 follows:
  7 31    275.37A  DECREASE IN NUMBER OF DIRECTORS.
  7 32    1.  A change from seven to five directors shall be effected
  7 33 in a district at the first regular school election after
  7 34 authorization by the voters in the following manner:
  7 35    a.  If at the first election in the district there are
  8  1 three four terms expiring, one director three directors shall
  8  2 be elected.  At the second election in that district, if two
  8  3 three terms are expiring, two directors shall be elected.  At
  8  4 the third election in that district, if there are two terms
  8  5 expiring, two directors shall be elected.
  8  6    b.  If at the first election there are two three terms
  8  7 expiring, no two directors shall be elected.  At the second
  8  8 election in that district, if two four terms are expiring, two
  8  9 directors shall be elected.  At the third election in that
  8 10 district, if there are three terms expiring, three directors
  8 11 shall be elected, two for three years and one for one year.
  8 12 The newly elected director who received the fewest votes in
  8 13 the election shall be assigned a term of one year.
  8 14    c.  If at the first election there are two terms expiring,
  8 15 no directors shall be elected.  At the second election in that
  8 16 district, if three terms are expiring, three directors shall
  8 17 be elected, two for three years and one for two years.  The
  8 18 newly elected director who received the fewest votes in the
  8 19 election shall be assigned a term of two years.  At the third
  8 20 election in that district, if there are two terms expiring,
  8 21 two directors shall be elected.
  8 22    2.  If some or all of the directors are elected from
  8 23 director districts, the board shall devise a plan to reduce
  8 24 the number of members so that as nearly as possible one=third
  8 25 one=half of the members of the board shall be elected each
  8 26 year biennially and so that each district will be continuously
  8 27 represented.
  8 28    Sec. 14.  Section 275.38, Code 2005, is amended to read as
  8 29 follows:
  8 30    275.38  IMPLEMENTING CHANGED METHOD OF ELECTION.
  8 31    If change in the method of election of school directors is
  8 32 approved at a regular or special school election, the
  8 33 directors who were serving unexpired terms or were elected
  8 34 concurrently with approval of the change of method shall serve
  8 35 out the terms for which they were elected.  If the plan
  9  1 adopted is that described in section 275.12, subsection 2,
  9  2 paragraph "b," "c," "d," or "e," "b", "c", "d", or "e", the
  9  3 board shall at the earliest practicable time designate the
  9  4 districts from which residents are to be elected as school
  9  5 directors at each of the next three two succeeding annual
  9  6 regular school elections, arranging so far as possible for
  9  7 elections of directors as residents of the respective
  9  8 districts to coincide with the expiration of terms of
  9  9 incumbent members residing in those districts.  If an increase
  9 10 in the size of the board from five to seven members is
  9 11 approved concurrently with the change in method of election of
  9 12 directors, the board shall make the necessary adjustment in
  9 13 the manner prescribed in section 275.37, as well as providing
  9 14 for implementation of the districting plan under this section.
  9 15    Sec. 15.  Section 275.41, subsection 3, Code 2005, is
  9 16 amended to read as follows:
  9 17    3.  Prior to the effective date of the reorganization, the
  9 18 initial board shall approve a plan that commences at the
  9 19 second first regular school election held after the effective
  9 20 date of the merger and is completed at the fourth third
  9 21 regular school election held after the effective date of the
  9 22 merger, to replace the initial board with the regular board.
  9 23 If the petition specifies a number of directors on the regular
  9 24 board to be different from the number of directors on the
  9 25 initial board, the plan shall provide that the number
  9 26 specified in the petition for the regular board is in place by
  9 27 the time the regular board is formed.  The plan shall provide
  9 28 that as nearly as possible one=third one=half of the members
  9 29 of the board shall be elected each year biennially, and if a
  9 30 special election was held to elect a member to create an odd
  9 31 number of members on the board, the term of that member shall
  9 32 end at the organizational meeting following the fourth third
  9 33 regular school election held after the effective date.
  9 34    Sec. 16.  Section 277.1, Code 2005, is amended to read as
  9 35 follows:
 10  1    277.1  REGULAR ELECTION.
 10  2    The regular election shall be held annually biennially on
 10  3 the second first Tuesday after the first Monday in September
 10  4 November of each even=numbered year in each school district
 10  5 for the election of officers of the district and merged area
 10  6 and for the purpose of submitting to the voters any matter
 10  7 authorized by law.
 10  8    Sec. 17.  Section 277.2, Code 2005, is amended to read as
 10  9 follows:
 10 10    277.2  SPECIAL ELECTION.
 10 11    The board of directors in a school corporation may call a
 10 12 special election at which the voters shall have the powers
 10 13 exercised at the regular election with reference to the sale
 10 14 of school property and the application to be made of the
 10 15 proceeds, the authorization to change the method of election
 10 16 of school directors to any method authorized by section
 10 17 275.12, the authorization of seven members on the board of
 10 18 directors, the authorization to establish or change the
 10 19 boundaries of director districts, and the authorization of a
 10 20 voter=approved physical plant and equipment levy or
 10 21 indebtedness, as provided by law.
 10 22    Sec. 18.  Section 277.20, unnumbered paragraph 1, Code
 10 23 2005, is amended to read as follows:
 10 24    On the next Friday Monday after the regular school
 10 25 election, the county board of supervisors shall canvass the
 10 26 returns made to the county commissioner of elections from the
 10 27 several precinct polling places and the absentee ballot
 10 28 counting board, ascertain the result of the voting with regard
 10 29 to every matter voted upon and cause a record to be made
 10 30 thereof as required by section 50.24. Special elections held
 10 31 in school districts shall be canvassed at the time and in the
 10 32 manner required by that section.  The board shall declare the
 10 33 results of the voting for members of boards of directors of
 10 34 school corporations nominated pursuant to section 277.4, and
 10 35 the commissioner shall at once issue a certificate of election
 11  1 to each person declared elected.  The board shall also declare
 11  2 the results of the voting on any public question submitted to
 11  3 the voters of a single school district, and the commissioner
 11  4 shall certify the result as required by section 50.27.
 11  5    Sec. 19.  Section 277.25, Code 2005, is amended to read as
 11  6 follows:
 11  7    277.25  DIRECTORS IN NEW DISTRICTS.
 11  8    At the first election in newly organized districts the
 11  9 directors shall be elected as follows:
 11 10    1.  In districts having three directors, one director two
 11 11 directors shall be elected for one year, one for two years,
 11 12 and one for three four years.
 11 13    2.  In districts having five directors, two three shall be
 11 14 elected for one year, two for two years, and one two for three
 11 15 four years.
 11 16    3.  In districts having seven directors, two four shall be
 11 17 elected for one year, two for two years, and three for three
 11 18 four years.
 11 19    Sec. 20.  Section 277.28, Code 2005, is amended to read as
 11 20 follows:
 11 21    277.28  OATH REQUIRED.
 11 22    Each director elected at a regular district or director
 11 23 district election shall qualify by taking the oath of office
 11 24 on or before at the time set for the organization meeting of
 11 25 the board and the election and qualification entered of record
 11 26 by the secretary.  The oath may be administered by any
 11 27 qualified member of the board or the secretary of the board
 11 28 and may be taken in substantially the following form:
 11 29    "Do you solemnly swear that you will support the
 11 30 Constitution of the United States and the Constitution of the
 11 31 state of Iowa and that you will faithfully and impartially to
 11 32 the best of your ability discharge the duties of the office of
 11 33 ...... (naming the office) in ...... (naming the district) as
 11 34 now or hereafter required by law?"
 11 35    If the oath of office is taken elsewhere than in the
 12  1 presence of the board in session it may be administered by any
 12  2 officer listed in sections 63A.1 and 63A.2 and shall be
 12  3 subscribed to by the person taking it in substantially the
 12  4 following form:
 12  5    "I, ......, do solemnly swear that I will support the
 12  6 Constitution of the United States and the Constitution of the
 12  7 state of Iowa and that I will faithfully and impartially to
 12  8 the best of my ability discharge the duties of the office of
 12  9 ...... (naming the office) in ...... (naming the district) as
 12 10 now or hereafter required by law."
 12 11    Such oath shall be properly verified by the administering
 12 12 officer and filed with the secretary of the board.
 12 13    Sec. 21.  Section 278.2, unnumbered paragraph 2, Code 2005,
 12 14 is amended to read as follows:
 12 15    Petitions filed under this section shall be filed with the
 12 16 secretary of the school board at least seventy=five days
 12 17 before the date of the annual regular school election, if the
 12 18 question is to be included on the ballot at that election.
 12 19 The petition shall include the signatures of the petitioners,
 12 20 a statement of their place of residence, and the date on which
 12 21 they signed the petition.
 12 22    Sec. 22.  Section 279.1, unnumbered paragraph 1, Code 2005,
 12 23 is amended to read as follows:
 12 24    The board of directors of each school corporation shall
 12 25 meet and organize at the first regular meeting after the
 12 26 canvass for in January following the regular school election
 12 27 at some suitable place to be designated by the secretary.
 12 28 Notice of the place and hour of the meeting shall be given by
 12 29 the secretary to each member and member=elect of the board.
 12 30    Sec. 23.  EFFECTIVE DATE, APPLICABILITY, AND TRANSITION.
 12 31 This Act, being deemed of immediate importance, takes effect
 12 32 upon enactment, for purposes of the transition from election
 12 33 of directors of community and independent school districts and
 12 34 merged areas annually from terms of three years each to the
 12 35 staggered election of such directors biennially for terms of
 13  1 four years each.  This Act shall be applied so that the first
 13  2 election at which directors, due to the expiration of
 13  3 predecessor director terms, shall be elected to serve regular
 13  4 four=year terms is the regular school election held in
 13  5 November 2006.
 13  6    The board of directors of each affected school district and
 13  7 each merged area shall review the expiration dates of the
 13  8 terms of office of its directors and shall adopt by resolution
 13  9 a plan for shortening or lengthening terms of members for the
 13 10 annual school election held in September 2005 so that all
 13 11 members whose terms expire at the regular school election held
 13 12 in November 2006 will be elected to four=year terms with the
 13 13 remaining members of the board having their terms expire at
 13 14 the regular school election held in November 2008.  The board
 13 15 shall submit a copy of the resolution adopting its plan to the
 13 16 office of the state commissioner of elections no later than
 13 17 August 1, 2005.  In developing the plan, the board of
 13 18 directors shall take into consideration the terms for which
 13 19 the members were elected and the number of votes the members
 13 20 received in relation to the number of votes other candidates
 13 21 received at the applicable election.
 13 22                           EXPLANATION
 13 23    This bill provides for the election of the directors of
 13 24 local school districts and merged areas on the general
 13 25 election day in November in even=numbered years.  In order to
 13 26 accomplish these purposes, the bill changes the terms of these
 13 27 directors from three to four years and provides for a
 13 28 transition period.
 13 29    The bill also changes the date of the organization meeting
 13 30 of the board of directors of a school district.  The bill
 13 31 provides that the organization meeting shall be at the regular
 13 32 board meeting in January following the election rather than at
 13 33 the first regular meeting after the canvass of votes of the
 13 34 election.
 13 35    The bill also provides that new members of school district
 14  1 boards, merged area boards, and area education agency boards
 14  2 shall be sworn in at the organization meeting of each of the
 14  3 boards of directors.
 14  4    The bill takes effect upon enactment for purposes of making
 14  5 the transition from annual election to three=year terms to
 14  6 biennial election to four=year terms.
 14  7 LSB 1070SS 81
 14  8 sc:nh/sh/8