Bill Text: MS HB1068 | 2016 | Regular Session | Introduced

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Bill Title: Elected school boards; require to be elected at time of presidential election.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2016-02-23 - Died In Committee [HB1068 Detail]

Download: Mississippi-2016-HB1068-Introduced.html

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MISSISSIPPI LEGISLATURE

2016 Regular Session

To: Education

By: Representative Henley

House Bill 1068

AN ACT TO AMEND SECTION 37-5-7, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE ELECTION OF MEMBERS OF THE COUNTY BOARDS OF EDUCATION AT THE SAME TIME AS THE PRESIDENTIAL ELECTION AND TO ESTABLISH A TERM OF FOUR YEARS FOR THAT OFFICE; TO AMEND SECTION 37-5-19, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; TO AMEND SECTION 37-7-207, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE ELECTION OF MEMBERS OF THE BOARDS OF TRUSTEES OF CONSOLIDATED SCHOOL DISTRICTS AND LINE CONSOLIDATED SCHOOL DISTRICTS IN THE SAME MANNER AND AT THE SAME TIME AS THE PRESIDENTIAL ELECTION AND TO ESTABLISH A TERM OF FOUR YEARS FOR THOSE OFFICES; TO AMEND SECTION 37-7-713, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE ELECTION OF MEMBERS OF THE BOARDS OF TRUSTEES OF CERTAIN SPECIAL MUNICIPAL SEPARATE SCHOOL DISTRICTS IN THE SAME MANNER AND AT THE SAME TIME AS THE PRESIDENTIAL ELECTION AND TO ESTABLISH A TERM OF FOUR YEARS FOR THAT OFFICE; TO REPEAL SECTIONS 37-7-221, 37-7-223, 37-7-227 AND 37-7-229, MISSISSIPPI CODE OF 1972, WHICH PROVIDE CERTAIN METHODS FOR ELECTING TRUSTEES OF CONSOLIDATED AND LINE CONSOLIDATED SCHOOL DISTRICTS; TO REPEAL SECTIONS 37-7-705, 37-7-707, 37-7-709, 37-7-711, 37-7-715 AND 37-7-717, MISSISSIPPI CODE OF 1972, WHICH PROVIDE CERTAIN METHODS FOR SELECTING TRUSTEES OF SPECIAL MUNICIPAL SEPARATE SCHOOL DISTRICTS; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 37-5-7, Mississippi Code of 1972, is amended as follows:

     37-5-7.  (1)  On the first Tuesday after the first Monday in * * *May, 1954 November 2016 and every four (4) years thereafter, an election shall be held in each county in this state in the same manner and at the same time as * * *general state and county elections are the presidential election is held and conducted * * *, which election shall be held for the purpose of electing the county boards of education established under the provisions of this chapter.  * * *At such election, the members of the said board from Supervisors Districts One and Two shall be elected for the term expiring on the first Monday of January, 1957; members of the board from Supervisors Districts Three and Four shall be elected for a term expiring on the first Monday of January, 1959; and the member of the board from Supervisors District Five shall be elected for a term expiring on the first Monday of January, 1955.  Except as otherwise provided in subsection (2), all subsequent members of the board shall be elected for a term of six (6) years at the regular general election held on the first Monday in November next preceding the expiration of the term of office of the respective member or members of such board. All members of the county board of education * * *as herein constituted, shall take office on the first Monday of January following the date of their election and shall serve for a term of four (4) years.  However, in order to provide for an orderly transition, the term of each member of the board serving on the effective date of House Bill No. 1068, 2016 Regular Session, that otherwise would expire after the first Monday in January 2017, shall expire on the first Monday of January 2017.  Each member of the board whose term expires after the effective date of House Bill No. 1068, 2016 Regular Session, but before the first Monday of January 2017 shall continue to serve for the remainder of the unexpired term, at which time the vacancy shall be filled in the manner provided in Section 37-5-19.

     (2)  On the first Tuesday after the first Monday in November 2016 and every four (4) years thereafter, in any * * *year in which any county * * *shall electing to utilize the authority contained in Section 37-5-1(2), an election shall be held in * * * each such county in this state the same manner and at the same time as the presidential election is held and conducted for the purpose of electing the county board * * *s of education in * * *such counties that county.  * * *At said election the members of the said county board of education from Districts One and Two shall be elected for a term of four (4) years, the members from Districts Three and Four shall be elected for a term of six (6) years, and the member from District Five shall be elected for a term of (2) years.  Thereafter, members shall be elected at general elections as vacancies occur for terms of six (6) years each. All members of the county board of education shall take office on the first Monday of January following the date of their election and shall serve for a term of four (4) years.  However, in order to provide for an orderly transition, the term of each member of the board serving on the effective date of House Bill No. 1068, 2016 Regular Session, that otherwise would expire after the first Monday in January 2017, shall expire on the first Monday of January 2017.  Each member of the board whose term expires after the effective date of House Bill No. 1068, 2016 Regular Session, but before the first Monday of January 2017 shall continue to serve for the remainder of the unexpired term, at which time the vacancy shall be filled in the manner provided in Section 37-5-19.

     SECTION 2.  Section 37-5-19, Mississippi Code of 1972, is amended as follows:

     37-5-19.  Vacancies in the membership of the county board of education shall be filled by appointment, within sixty (60) days after the vacancy occurs, by the remaining members of the county board of education.  * * *Said The appointee shall be selected from the qualified electors of the district in which the vacancy occurs, and shall serve until the first Monday of January next succeeding the next * * *general presidential election, at which * * *general presidential election a member shall be elected * * *to fill the remainder of the unexpired term in the same manner and with the same qualifications applicable to the election of a member for * * *the a full term.  However, if the vacancy occurs before the general election in a calendar year during which a general state election will be held, the appointee shall serve until the first Monday of January next succeeding the general state election, at which election a member will be elected to fill the remainder of the unexpired term in the same manner and with the same qualifications applicable to the election of a member for the full term.

     In the event the school district is under conservatorship and no members of the county board of education remain in office, the Governor shall call a special election to fill the vacancies and said election will be conducted by the county election commission.

     If the vacancy occurs more than five (5) months * * *prior to before the next general state or presidential election and the remaining members of the county board of education are unable to agree upon an individual to be appointed, any two (2) of the remaining members may certify such disagreement to the county election commission.  Upon the receipt of such a certificate by the county election commission, or any member thereof, the commission shall hold a special election to fill the vacancy, which said election, notice thereof and ballot shall be controlled by the laws concerning special elections to fill vacancies in county or county district offices.  The person elected at such a special election shall serve for the remainder of the unexpired term.

     SECTION 3.  Section 37-7-207, Mississippi Code of 1972, is amended as follows:

     37-7-207.  (1)  All school districts reconstituted or created under the provisions of Article 1 of this chapter, and which lie wholly within one (1) county, but not including municipal separate and countywide districts, shall be governed by a board of five (5) trustees.  The first board of trustees of such districts shall be appointed by the county board of education, and the original appointments shall be so made that one (1) trustee shall be appointed to serve until the first Saturday of March following * * *such the appointments, one (1) for one (1) year longer, one (1) for two (2) years longer, one (1) for three (3) years longer, and one (1) for four (4) years longer.  After * * *such the original appointments, the trustees of such school districts shall be elected by the qualified electors of * * *such those school districts in the manner provided for in this section and Section * * *s 37-7-223 through 37-7-229 37-7-225, with each trustee to be elected for a term of * * *five (5) four (4) years.  The five (5) members of the board of trustees of * * *such the consolidated school district shall be elected from special trustee election districts by the qualified electors thereof, as herein provided.  The board of trustees of any such consolidated school district shall apportion the consolidated school district into five (5) special trustee election districts.  The board of trustees of * * *such the school district shall place upon its minutes the boundaries determined for the new five (5) trustee election districts.  The board of trustees shall thereafter publish the same in a newspaper of general circulation within * * *said the school district for at least three (3) consecutive weeks; and after having given notice of publication and recording the same upon the minutes of the board of trustees, * * *said the new district lines shall thereafter be effective.

     On the first Tuesday after the first Monday in November 2016 and every four (4) years thereafter, in * * *any year in which any each consolidated school district * * *shall elect to utilize the authority to create single member election districts, an election shall be held in * * * the same manner and at the same time as the presidential election is held and conducted each such district in this statefor the purpose of electing the board of trustees of * * *such the district.  At * * *said the election, the member of the * * *said board * * *from District One shall be elected for a term of * * *one (1) year, the member from District Two shall be elected for a term of two (2) years, the member from District Three shall be elected for a term of three (3) years, the member from District Four shall be elected for a term of four (4) years * * *, and the member from District Five shall be elected for a term of five (5) years.  Thereafter, members shall be elected at general elections as vacancies occur for terms of five (5) years each.  Trustees elected from single member election districts as provided above shall otherwise be elected as provided for in Sections 37-7-223 through 37-7-229.  However, in order to provide for an orderly transition, the term of each member of the board serving on the effective date of House Bill No. 1068, 2016 Regular Session, that otherwise would expire after the first Monday in January 2017, shall expire on the first Monday of January 2017.  Each member of the board whose term expires after the effective date of House Bill No. 1068, 2016 Regular Session, but before the first Monday of January 2017 shall continue to serve for the remainder of the unexpired term, at which time the vacancy shall be filled in the manner provided in this paragraph.  If no candidate receives a majority of the votes cast at the election, a runoff shall be held in the same manner on the third Tuesday after the first Monday in November following the election between the two (2) candidates receiving the highest number of votes on the first ballot.  All members of the * * *said board of trustees shall take office on the first Monday of January following the date of their election.  All vacancies * * * which that may occur during a term shall be filled by appointment of the consolidated school district trustees, but the person so appointed shall serve only until the next general election following * * *such the appointment, at which time a person shall be elected for the remainder of the unexpired term at the same time and in the same manner as a trustee is elected for the full term then expiring.  The person so elected to the unexpired term shall take office immediately.  * * *Said The appointee shall be selected from the qualified electors of the district in which the vacancy occurs.  In the event the school district is under conservatorship and no members of the board of trustees remain in office, the Governor shall call a special election to fill the vacancies and the said election will be conducted by the county election commission.

     (2)  All school districts reconstituted and created under the provisions of Article 1 of this chapter, which embrace territory in two (2) or more counties, but not including municipal separate school districts, shall be governed by a board of five (5) trustees.  In making the original appointments, the several county boards of education shall appoint the trustee or trustees to which the territory in * * *such the county is entitled, and, by agreement between the county boards concerned, one (1) person shall be appointed to serve until the first Saturday of March following, one (1) for one (1) year longer, one (1) for two (2) years longer, one (1) for three (3) years longer and one (1) for four (4) years longer.  Thereafter, * * *such the trustees shall be elected * * *as is in the manner provided for in this section and * * *s 37-7-223 through 37-7-229 Section 37-7-225, for a term of * * *five (5) four (4) years.  The five (5) members of the board of trustees of * * *such the line consolidated school district shall be elected from special trustee election districts by the qualified electors thereof, as * * *herein provided in this section.  The existing board of trustees of * * *such the line consolidated school district shall apportion the line consolidated school district into five (5) special trustee election districts.  The board of trustees shall place upon its minutes the boundaries determined for the new five (5) trustee election districts.  The board of trustees shall thereafter publish the same in a newspaper of general circulation within * * *said the school district for at least three (3) consecutive weeks; and after having given notice of publication and recording the same upon the minutes of the board of trustees, * * *said the new district lines shall thereafter be effective.  Provided, however, that in any line consolidated school district encompassing two (2) or more counties created pursuant to Laws, 1953, Extraordinary Session, Chapter 12, Section 8, in which, as a condition precedent to the creation of said district, each county belonging thereto was contractually guaranteed to always have at least one (1) representative on said board, in order that said condition precedent may be honored and guaranteed, in any year in which the board of trustees of such line consolidated school district does not have at least one (1) member from each county or part thereof forming such district, the board of trustees in such district shall be governed by a board of a sufficient number of trustees to fulfill this guarantee, five (5) of whom shall be elected from the five (5) special trustee election districts which shall be as nearly equal as possible and one (1) member trustee appointed at large from each county not having representation on the elected board.  In such cases, the board of supervisors of each county shall make written agreement to guarantee the manner of appointment of at least one (1) representative from each county in the district, placing such written agreement on the minutes of each board of supervisors in each county.

     On the first Tuesday after the first Monday in November 2016 and every four (4) years thereafter, in * * *any year in which any each line consolidated school district * * *shall elect to utilize the authority to create single member election districts, an election shall be held in the same manner and at the same time as the presidential election is held and conducted * * *each such district in this state for the purpose of electing the board of trustees of * * *such the district.  At * * *said the election, the members of the * * *said board * * *from District One shall be elected for a term of * * *one (1) year, the member from District Two shall be elected for a term of two (2) years, the member from District Three shall be elected for a term of three (3) years, the member from District Four shall be elected for a term of four (4) years * * *, and the member from District Five shall be elected for a term of five (5) years.  * * *Thereafter, members shall be elected at general elections as vacancies occur for terms of five (5) years each.  Trustees elected from single member election districts as provided above shall otherwise be elected as provided for in Sections 37-7-223 through 37-7-229. However, in order to provide for an orderly transition, the term of each member of the board

serving on the effective date of House Bill No. 1068, 2016 Regular Session, that otherwise would expire after the first Monday in January 2017, shall expire on the first Monday of January 2017.  Each member of the board whose term expires after the effective date of House Bill No. 1068, 2016 Regular Session, but before the first Monday of January 2017 shall continue to serve for the remainder of the unexpired term, at which time the vacancy shall be filled in the manner provided in this paragraph.  If no candidate receives a majority of the votes cast at the election, a runoff shall be held in the same manner on the third Tuesday after the first Monday in November following the election between the two (2) candidates receiving the highest number of votes on the first ballot.  All members of the * * *said board of trustees shall take office on the first Monday of January following the date of their election.  In all elections, the trustee elected shall be a resident and qualified elector of the district entitled to the representation upon the board, and he shall be elected only by the qualified electors of * * *such the district.  All vacancies * * *which that may occur during a term of office shall be filled by appointment of the consolidated line school district trustees, but the person so appointed shall serve only until the next general election following * * *such the appointment, at which time a person shall be elected for the remainder of the unexpired term at the same time and in the same manner as the trustee is elected for the full term then expiring.  The person so elected to the unexpired term shall take office immediately.  In the event the school district is under conservatorship and no members of the board of trustees remain in office, the Governor shall call a special election to fill the vacancies and the said election will be conducted by the county election commission.

     SECTION 4.  Section 37-7-713, Mississippi Code of 1972, is amended as follows:

     37-7-713.  * * * In all special municipal separate school districts where the district embraces less than the entire area of the county and where the majority of the educable children of * * *such the district reside outside the limits of the municipality, * * *unless the governing authorities of the municipality and the county provide for one (1) of the alternative methods of organization as set out in Sections 37-7-715 and 37-7-717, the * * *said special municipal separate school district shall be governed by a board of trustees consisting of five (5) members, to be elected by the qualified electors of * * *such the municipal separate school district * * *from the district at large in the manner provided by * * *Sections 37-7-209 through 37-7-219, and all duties imposed upon the county superintendent of education by said sections with reference to such elections shall be imposed upon and performed by the superintendent of the municipal separate school district.  However, the first board of trustees of such special municipal separate school district shall be appointed in the following manner.  The governing authorities of the municipality shall appoint three (3) trustees, and such appointments shall be made so that one (1) trustee shall be appointed to serve until the first Saturday of March following such appointment, one (1) for two (2) years longer, and one (1) for four (4) years longer.  The board of education of the county shall appoint two (2) trustees, such appointments to be made so that one (1) trustee shall be appointed to serve until the first Saturday of March of the second year following such appointment, and one (1) trustee for two (2) years longer.  After such original appointments the trustees of such a special municipal separate school district shall be elected for a term of five (5) years, as herein provided.  All such members of said board of trustees shall be residents and qualified electors of such school district.  All vacancies which may occur during a term of office shall be filled by appointment by the remaining members of the board of trustees, such appointee to have the same qualifications as other members of the board.  Such appointment shall be made within thirty (30) days after the vacancy occurs.  The person so appointed shall serve only until his successor shall have qualified.  The successor to serve the remainder of the unexpired term shall be elected on the first Saturday of March next following the occurrence of such vacancy in the same manner as provided for by Sections 37-7-209 through 37-7-219 this section.  On the first Tuesday after the first Monday in November 2016, and every four (4) years thereafter, an election shall be held in each special municipal separate school district as constituted in this section, in the same manner and at the same time as the presidential election is held and conducted for the purpose of electing the members of the boards of trustees established under this section.  All members of the boards of trustees as constituted in this section shall take office on the first Monday of January following the date of their election and shall serve for a term of four (4) years.  The five (5) members of the board of trustees shall be elected from trustee election districts by the qualified electors of the district, as provided in this section.  The governing authorities of the municipality shall apportion the special municipal separate school district into five (5) special trustee election districts as nearly equal as possible according to population, incumbency and other factors pronounced by the courts before the effective date of House Bill No. 1068, 2016 Regular Session.  The municipal governing authorities shall place upon their minutes the boundaries determined for the new five (5) trustee election districts.  The municipal governing authorities shall thereafter publish the same in a newspaper having general circulation within the school district for at least three (3) consecutive weeks; and after having given notice of publication and recording the same upon the minutes of the municipal governing authorities, the new district lines shall be effective.  The term of each incumbent trustee serving on the effective date of House Bill No. 1068, 2016 Regular Session, that otherwise would expire after the first Monday of January 2017 shall expire on the first Monday of January 2017.  Each incumbent trustee whose term expires after the effective date of House Bill No. 1068, 2016 Regular Session, but before the first Monday of January 2017 shall continue to serve for the remainder of the unexpired term, at which time the vacancy shall be filled in the manner provided by subsection (2) of this section.

     (2)  Vacancies in the membership of the board of trustees of any special municipal separate school district as constituted in this section shall be filled by appointment, within sixty (60) days after the vacancy occurs, by the governing authorities of the municipality.  The appointee shall be selected from the qualified electors of the district in which the vacancy occurs.  The president of the municipal governing authorities shall certify to the Secretary of State the fact of the appointment, and the Governor shall commission the person appointed.  If the unexpired term is longer than six (6) months, the appointee shall serve until a successor is elected as provided in this section, unless the vacancy occurs ninety (90) or fewer days before the general election in a year in which an election would normally be held for that office as provided by law, in which case the person appointed shall serve the unexpired portion of the term.  The vacancies shall be filled for the unexpired term by the qualified electors at the next regular special election day occurring more than ninety (90) days after the occurrence of the vacancy.  The president of the municipal governing authorities, within ten (10) days after the occurrence of the vacancy, shall make an order, in writing, directed to the commissioners of election, directing an election to be held on the next regular special election day to fill the vacancy.  The election commissioners shall require each candidate to qualify at least sixty (60) days before the date of the election, and shall give a certificate of election to the person elected, and shall return to the Secretary of State a copy of the order of holding the election and the results of the election, certified by the president of the municipal governing authorities.  The Governor shall commission the person elected.  The election shall be held in the same manner provided for other municipal office vacancies.

     However, where only one (1) person has qualified with the commissioners of election to be a candidate within the time provided by law, the commissioners of election shall certify to the municipal governing authorities that there is only one (1) candidate.  The municipal governing authorities shall dispense with the election and shall appoint the certified candidate to fill the unexpired term.  The president of the municipal governing authorities shall certify to the Secretary of State the candidate so appointed to serve in the office and the Governor shall commission the candidate.  If no person has qualified at least sixty (60) days before the date of the election, the commissioners of election shall certify that fact to the municipal governing authorities, which shall dispense with the election and fill the vacancy by appointment.  The president of the municipal governing authorities shall certify to the Secretary of State the fact of the appointment, and the Governor shall commission the appointed person.

     SECTION 5.  Sections 37-7-221, 37-7-223, 37-7-227 and 37-7-229, Mississippi Code of 1972, which provide certain methods for electing trustees of consolidated and line consolidated school districts, are repealed.

     SECTION 6.  Sections 37-7-705, 37-7-707, 37-7-709, 37-7-711, 37-7-715 and 37-7-717, Mississippi Code of 1972, which provide certain methods for selecting trustees of special municipal separate school districts, are repealed.

     SECTION 7.  This act shall take effect and be in force from and after its passage.

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