Bill Text: MS HB1068 | 2016 | Regular Session | Introduced
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
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 * * * 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 * * * the
presidential election is held and conducted * * * for the purpose
of electing the county boards of education established under the provisions of
this chapter. * * * 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.
(2) On the first Tuesday
after the first Monday in November 2016 and every four (4) years thereafter,
in any * * * county * * *
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 * * * of education in * * * that county. * * * 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. * * * 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 * * * presidential election, at which * * * presidential election a member
shall be elected * * * for * * * 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 * * * 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 * * * the original appointments, the
trustees of such school districts shall be elected by the qualified electors of * * * those school districts in the
manner provided for in this section and Section * * * 37-7-225,
with each trustee to be elected for a term of * * * four (4) years. The five (5)
members of the board of trustees of * * * 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 * * * 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 * * * 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, * * * 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 * * * each consolidated school district * * * an election shall be held in * * *
the same manner and at the same time as the presidential election is held
and conducted for the purpose of electing the board of trustees of * * * the district. At * * * the election, the member of
the * * *
board * * * shall be elected 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 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 * * *
board of trustees shall take office on the first Monday of January following
the date of their election. All vacancies * * * 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 * * * 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. * * *
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 * * * 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, * * * the trustees shall be elected * * * in the manner provided for in this
section and * * * Section 37-7-225, for a term of * * * four (4) years. The five (5)
members of the board of trustees of * * * the line consolidated school
district shall be elected from special trustee election districts by the
qualified electors thereof, as * * * provided in this section. The
existing board of trustees of * * * 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 * * * 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, * * * 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 * * * each line consolidated school district * * * an election shall be held in the same
manner and at the same time as the presidential election is held and conducted * * * for the
purpose of electing the board of trustees of * * * the district. At * * * the election, the members
of the * * *
board * * * shall be elected 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 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 * * * 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 * * * the district. All vacancies * * * 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 * * *
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 * * *
the district reside outside the limits of the municipality, * * * the * * * 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 * * * the municipal separate school
district * * * in the manner provided by * * * 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.
