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:
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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
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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
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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
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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
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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.
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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.
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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
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