House Study Bill 511 - 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 of 1 the election of directors of local school districts, merged 2 areas, and area education agency boards. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5094YC (2) 85 aw/sc
H.F. _____ Section 1. Section 39.2, subsection 4, paragraph c, Code 1 2014, is amended to read as follows: 2 c. For a school district or merged area, in the odd-numbered 3 year, the first Tuesday in February, the first Tuesday in 4 April, the last Tuesday in June, or the second first Tuesday 5 after the first Monday in September November . For a school 6 district or merged area, in the even-numbered year, the first 7 Tuesday in February, the first Tuesday in April, the second 8 Tuesday in September, or the first Tuesday in December. 9 Sec. 2. Section 260C.12, subsection 1, Code 2014, is amended 10 to read as follows: 11 1. The board of directors of the merged area shall organize 12 at the first regular meeting in October December following the 13 regular school election. Organization of the board shall be 14 effected by the election of a president and other officers from 15 the board membership as board members determine. The board 16 of directors shall appoint a secretary and a treasurer who 17 shall each give bond as prescribed in section 291.2 and who 18 shall each receive the salary determined by the board. The 19 secretary and treasurer shall perform duties under chapter 291 20 and additional duties the board of directors deems necessary. 21 However, the board may appoint one person to serve as the 22 secretary and treasurer. If one person serves as the secretary 23 and treasurer, only one bond is necessary for that person. The 24 frequency of meetings other than organizational meetings shall 25 be as determined by the board of directors but the president 26 or a majority of the members may call a special meeting at any 27 time. 28 Sec. 3. Section 260C.13, subsection 1, Code 2014, is amended 29 to read as follows: 30 1. The board of a merged area may change the number of 31 directors on the board and shall make corresponding changes 32 in the boundaries of director districts. Changes shall be 33 completed not later than June August 1 of the year of the 34 regular school election. As soon as possible after adoption 35 -1- LSB 5094YC (2) 85 aw/sc 1/ 4
H.F. _____ of the boundary changes, notice of changes in the director 1 district boundaries shall be submitted by the merged area to 2 the county commissioner of elections in all counties included 3 in whole or in part in the merged area. 4 Sec. 4. Section 273.8, subsection 2, paragraphs a and b, 5 Code 2014, are amended to read as follows: 6 a. Notice of the election shall be published by the area 7 education agency administrator not later than July September 15 8 of the odd-numbered year in at least one newspaper of general 9 circulation in the director district. The cost of publication 10 shall be paid by the area education agency. 11 b. A candidate for election to the area education agency 12 board shall file a statement of candidacy with the area 13 education agency secretary not later than August October 15 of 14 the odd-numbered year, on forms prescribed by the department 15 of education. The statement of candidacy shall include the 16 candidate’s name, address, and school district. The list of 17 candidates shall be sent by the secretary of the area education 18 agency in ballot form by certified mail to the presidents of 19 the boards of directors of all school districts within the 20 director district not later than September November 1. In 21 order for the ballot to be counted, the ballot must be received 22 in the secretary’s office by the end of the normal business 23 day on September November 30 or be clearly postmarked by an 24 officially authorized postal service not later than September 25 November 29 and received by the secretary not later than noon 26 on the first Monday following September November 30. 27 Sec. 5. Section 273.8, subsection 4, paragraph a, Code 2014, 28 is amended to read as follows: 29 a. The board of directors of each area education agency 30 shall meet and organize at the first regular meeting in October 31 December following the regular school election at a suitable 32 place designated by the president. Directors whose terms 33 commence at the organizational meeting shall qualify by taking 34 the oath of office required by section 277.28 at or before the 35 -2- LSB 5094YC (2) 85 aw/sc 2/ 4
H.F. _____ organizational meeting. 1 Sec. 6. Section 273.8, subsection 6, Code 2014, is amended 2 to read as follows: 3 6. Change in directors. The board of an area education 4 agency may change the number of directors on the board and 5 shall make corresponding changes in the boundaries of director 6 districts. Changes shall be completed not later than July 7 September 1 of a fiscal the odd-numbered year for the director 8 district conventions to be held the following September 9 November . 10 Sec. 7. Section 277.1, Code 2014, is amended to read as 11 follows: 12 277.1 Regular election. 13 The regular election shall be held biennially on the second 14 first Tuesday after the first Monday in September November of 15 each odd-numbered year in each school district for the election 16 of officers of the district and merged area and for the purpose 17 of submitting to the voters any matter authorized by law. 18 Sec. 8. Section 277.20, Code 2014, is amended to read as 19 follows: 20 277.20 Canvassing returns. 21 1. On the next Friday after After the regular school 22 election, the county board of supervisors shall canvass the 23 returns made to the county commissioner of elections from 24 the several precinct polling places and the absentee ballot 25 counting board, ascertain the result of the voting with regard 26 to every matter voted upon and cause a record to be made 27 thereof , all as required by section 50.24 . Special elections 28 held in school districts shall be canvassed at the time and in 29 the manner required by that section. The board shall declare 30 the results of the voting for members of boards of directors of 31 school corporations nominated pursuant to section 277.4 , and 32 the commissioner shall at once issue a certificate of election 33 to each person declared elected. The board shall also declare 34 the results of the voting on any public question submitted to 35 -3- LSB 5094YC (2) 85 aw/sc 3/ 4
H.F. _____ the voters of a single school district, and the commissioner 1 shall certify the result as required by section 50.27 . 2 2. The abstracts of the votes cast for members of the board 3 of directors of any merged area, and of the votes cast on any 4 public question submitted to the voters of any merged area, 5 shall be promptly certified by the commissioner to the county 6 commissioner of elections who is responsible under section 47.2 7 for conducting the elections held for that merged area. 8 EXPLANATION 9 The inclusion of this explanation does not constitute agreement with 10 the explanation’s substance by the members of the general assembly. 11 This bill changes the date of regular school elections 12 for local school districts, merged areas, and area education 13 agencies. The bill moves the date of the regular school 14 election from the second Tuesday in September in odd-numbered 15 years to the first Tuesday after the first Monday in November 16 of odd-numbered years, which is the date of the regular city 17 election. 18 Because area education agency board directors are elected at 19 the director district conventions by members of school boards, 20 the bill also changes the date of their election from September 21 to November in the odd-numbered year. 22 -4- LSB 5094YC (2) 85 aw/sc 4/ 4