Senate File 338 - Introduced SENATE FILE 338 BY BERTRAND 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 1975XS (2) 87 aw/sc/jh
S.F. 338 DIVISION I 1 ELECTION DAY FOR REGULAR SCHOOL ELECTIONS 2 Section 1. Section 39.2, subsection 4, paragraph c, Code 3 2017, 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 49.30, Code 2017, is amended to read as 12 follows: 13 49.30 All candidates and issues on one ballot —— exceptions. 14 All constitutional amendments, all public measures, and the 15 names of all candidates, other than presidential electors, to 16 be voted for in each election precinct, shall be printed on 17 one ballot, except that separate ballots are authorized when 18 it is not possible to include all offices and public measures 19 on a single ballot. In the event that it is not possible to 20 include all offices and public measures on a single ballot, 21 separate ballots may be provided for nonpartisan offices, 22 judges, or public measures. For regular school elections, held 23 on the same day as the general election, a separate ballot is 24 required. 25 Sec. 3. Section 260C.12, subsection 1, Code 2017, is amended 26 to read as follows: 27 1. The board of directors of the merged area shall organize 28 at the first regular meeting in October December following the 29 regular school election. Organization of the board shall be 30 effected by the election of a president and other officers from 31 the board membership as board members determine. The board 32 of directors shall appoint a secretary and a treasurer who 33 shall each give bond as prescribed in section 291.2 and who 34 shall each receive the salary determined by the board. The 35 -1- LSB 1975XS (2) 87 aw/sc/jh 1/ 7
S.F. 338 secretary and treasurer shall perform duties under chapter 291 1 and additional duties the board of directors deems necessary. 2 However, the board may appoint one person to serve as the 3 secretary and treasurer. If one person serves as the secretary 4 and treasurer, only one bond is necessary for that person. The 5 frequency of meetings other than organizational meetings shall 6 be as determined by the board of directors but the president 7 or a majority of the members may call a special meeting at any 8 time. 9 Sec. 4. Section 260C.13, subsection 1, Code 2017, is amended 10 to read as follows: 11 1. The board of a merged area may change the number of 12 directors on the board and shall make corresponding changes 13 in the boundaries of director districts. Changes shall be 14 completed not later than June August 1 of the year of the 15 regular school election. As soon as possible after adoption 16 of the boundary changes, notice of changes in the director 17 district boundaries shall be submitted by the merged area to 18 the county commissioner of elections in all counties included 19 in whole or in part in the merged area. 20 Sec. 5. Section 260C.15, subsection 1, Code 2017, is amended 21 to read as follows: 22 1. Regular elections held by the merged area for the 23 election of members of the board of directors as required by 24 section 260C.11 or for any other matter authorized by law 25 and designated for election by the board of directors of the 26 merged area shall be held on the date of the school election 27 as fixed by section 277.1 . However, elections held for the 28 imposition, rate increase, or discontinuance of the twenty and 29 one-fourth cents per thousand dollars of assessed valuation 30 levy authorized in section 260C.22 shall be held either on the 31 date of the school election as fixed by section 277.1 or at a 32 special election held on the second Tuesday in September of the 33 even-numbered odd-numbered year. The election notice shall be 34 made a part of the local school election notice published as 35 -2- LSB 1975XS (2) 87 aw/sc/jh 2/ 7
S.F. 338 provided in section 49.53 in each local school district where 1 voting is to occur in the merged area election and the election 2 shall be conducted by the county commissioner of elections 3 pursuant to chapters 39 through 53 and section 277.20 . 4 Sec. 6. Section 260C.22, subsection 1, paragraph a, Code 5 2017, is amended to read as follows: 6 a. In addition to the tax authorized under section 260C.17 7 and upon resolution of the board of directors, the voters 8 in a merged area may at the regular school election or at a 9 special election held on the second Tuesday in September of the 10 even-numbered odd-numbered year vote a tax not exceeding twenty 11 and one-fourth cents per thousand dollars of assessed value 12 in any one year for a period not to exceed ten years, unless 13 otherwise provided under subsection 2 , for the purchase of 14 grounds, construction of buildings, payment of debts contracted 15 for the construction of buildings, purchase of buildings and 16 equipment for buildings, and the acquisition of libraries, 17 for the purpose of paying costs of utilities, and for the 18 purpose of maintaining, remodeling, improving, or expanding 19 the community college of the merged area. If the tax levy is 20 approved under this section , the costs of utilities shall be 21 paid from the proceeds of the levy. The tax shall be collected 22 by the county treasurers and remitted to the treasurer of the 23 merged area as provided in section 331.552, subsection 29 . 24 The proceeds of the tax shall be deposited in a separate and 25 distinct fund to be known as the voted tax fund, to be paid 26 out upon warrants drawn by the president and secretary of the 27 board of directors of the merged area district for the payment 28 of costs incurred in providing the school facilities for which 29 the tax was authorized. 30 Sec. 7. Section 273.8, subsection 2, paragraphs a and b, 31 Code 2017, are amended to read as follows: 32 a. Notice of the election shall be published by the area 33 education agency administrator not later than July September 34 15 of the odd-numbered even-numbered year in at least one 35 -3- LSB 1975XS (2) 87 aw/sc/jh 3/ 7
S.F. 338 newspaper of general circulation in the director district. The 1 cost of publication shall be paid by the area education agency. 2 b. A candidate for election to the area education agency 3 board shall file a statement of candidacy with the area 4 education agency secretary not later than August October 15 of 5 the odd-numbered even-numbered year, on forms prescribed by 6 the department of education. The statement of candidacy shall 7 include the candidate’s name, address, and school district. 8 The list of candidates shall be sent by the secretary of the 9 area education agency in ballot form by certified mail to the 10 presidents of the boards of directors of all school districts 11 within the director district not later than September November 12 1. In order for the ballot to be counted, the ballot must be 13 received in the secretary’s office by the end of the normal 14 business day on September November 30 or be clearly postmarked 15 by an officially authorized postal service not later than 16 September November 29 and received by the secretary not later 17 than noon on the first Monday following September November 30. 18 Sec. 8. Section 273.8, subsection 4, paragraph a, Code 2017, 19 is amended to read as follows: 20 a. The board of directors of each area education agency 21 shall meet and organize at the first regular meeting in October 22 December following the regular school election at a suitable 23 place designated by the president. Directors whose terms 24 commence at the organizational meeting shall qualify by taking 25 the oath of office required by section 277.28 at or before the 26 organizational meeting. 27 Sec. 9. Section 273.8, subsection 6, Code 2017, is amended 28 to read as follows: 29 6. Change in directors. The board of an area education 30 agency may change the number of directors on the board and 31 shall make corresponding changes in the boundaries of director 32 districts. Changes shall be completed not later than July 33 September 1 of a fiscal the even-numbered year for the director 34 district conventions to be held the following September 35 -4- LSB 1975XS (2) 87 aw/sc/jh 4/ 7
S.F. 338 November . 1 Sec. 10. Section 277.1, Code 2017, is amended to read as 2 follows: 3 277.1 Regular election. 4 The regular election shall be held biennially on the second 5 first Tuesday after the first Monday in September November of 6 each odd-numbered even-numbered year in each school district 7 for the election of officers of the district and merged area 8 and for the purpose of submitting to the voters any matter 9 authorized by law. 10 Sec. 11. Section 277.20, Code 2017, is amended to read as 11 follows: 12 277.20 Canvassing returns. 13 1. On the next Friday after After the regular school 14 election, the county board of supervisors shall canvass the 15 returns made to the county commissioner of elections from 16 the several precinct polling places and the absentee ballot 17 counting board, ascertain the result of the voting with regard 18 to every matter voted upon and cause a record to be made 19 thereof , all as required by section 50.24 . Special elections 20 held in school districts shall be canvassed at the time and in 21 the manner required by that section. The board shall declare 22 the results of the voting for members of boards of directors of 23 school corporations nominated pursuant to section 277.4 , and 24 the commissioner shall at once issue a certificate of election 25 to each person declared elected. The board shall also declare 26 the results of the voting on any public question submitted to 27 the voters of a single school district, and the commissioner 28 shall certify the result as required by section 50.27 . 29 2. The abstracts of the votes cast for members of the board 30 of directors of any merged area, and of the votes cast on any 31 public question submitted to the voters of any merged area, 32 shall be promptly certified by the commissioner to the county 33 commissioner of elections who is responsible under section 47.2 34 for conducting the elections held for that merged area. 35 -5- LSB 1975XS (2) 87 aw/sc/jh 5/ 7
S.F. 338 Sec. 12. APPLICABILITY. 1 1. This division of this Act applies to regular school 2 elections held on or after November 3, 2020, and to the terms 3 of office of directors of local school districts, merged areas, 4 and area education agencies commencing on or after that date. 5 Under this division of this Act, no regular school election 6 shall be held in November 2018. 7 2. Under this division of this Act, the regular local school 8 district, merged area, and area education agency elections 9 previously scheduled to be held in September 2019 shall be held 10 in November 2020, and all such elections previously scheduled 11 to be held in September 2021 shall be held in November 2022. 12 DIVISION II 13 TRANSITION PROVISIONS 14 Sec. 13. TERM OF OFFICE —— TRANSITION PROVISIONS. 15 1. Notwithstanding the provisions of section 260C.11 16 designating a term of four years for members of a board of 17 directors of a merged area, the term of office for a seat on a 18 board of directors filled at the regular school election held 19 on: 20 a. September 8, 2015, shall expire November 3, 2020. 21 b. September 12, 2017, shall expire November 8, 2022. 22 2. Notwithstanding the provisions of section 273.8, 23 subsection 1, designating a term of four years for members of 24 a board of directors of an area education agency, the term of 25 office for a seat on a board of directors filled by election 26 in: 27 a. September 2015 shall expire November 30, 2020. 28 b. September 2017 shall expire November 30, 2022. 29 3. Notwithstanding the provisions of section 274.7 30 designating a term of four years for members of a board of 31 directors of a school district, the term of office for a seat 32 on a board of directors filled at the regular school election 33 held on: 34 a. September 8, 2015, shall expire November 3, 2020. 35 -6- LSB 1975XS (2) 87 aw/sc/jh 6/ 7
S.F. 338 b. September 12, 2017, shall expire November 8, 2022. 1 EXPLANATION 2 The inclusion of this explanation does not constitute agreement with 3 the explanation’s substance by the members of the general assembly. 4 This bill changes the date of regular school elections 5 for local school districts, merged areas, and area education 6 agencies. Division I of the bill moves the date of the regular 7 school election from the second Tuesday in September in 8 odd-numbered years to the first Tuesday after the first Monday 9 in November of even-numbered years, which is also the date of 10 the general election. The bill requires that separate ballots 11 be used for regular school elections. 12 Because area education agency board directors are elected 13 at the director district conventions by members of school 14 boards, the division also changes the date of their election 15 from September in the odd-numbered year to November in the 16 even-numbered year. 17 The division applies to regular school elections held on or 18 after November 3, 2020, and requires that no regular school 19 election be held in November 2018. Under the bill, the regular 20 school elections previously scheduled to be held in September 21 2019 shall be held in November 2020 and those elections 22 previously scheduled to be held in September 2021 shall be held 23 in November 2022. 24 Division II of the bill includes transition provisions 25 related to the current terms of office for seats on boards 26 of directors for school districts, merged areas, and area 27 education agencies. 28 -7- LSB 1975XS (2) 87 aw/sc/jh 7/ 7