Bill Text: IA SF338 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act relating to school corporations by changing the date of the election of directors of local school districts, merged areas, and area education agency boards and including applicability and transition provisions.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-03-02 - Subcommittee: Feenstra, Bowman, and Schultz. S.J. 457. [SF338 Detail]

Download: Iowa-2017-SF338-Introduced.html

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Senate File 338 - Introduced




                                 SENATE FILE       
                                 BY  BERTRAND

                                      A BILL FOR

  1 An Act relating to school corporations by changing the date
  2    of the election of directors of local school districts,
  3    merged areas, and area education agency boards and including
  4    applicability and transition provisions.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1975XS (2) 87
    aw/sc/jh

PAG LIN



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