Bill Text For HB1963 - Senate Floor Version

 1|                        SENATE FLOOR VERSION                           |
  |                           March 24, 2021                              |
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 3|ENGROSSED HOUSE                                                        |
  |BILL NO. 1963                        By: Nollan and Dills of the       |
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 5|                                         and                           |
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 6|                                         Stanley of the Senate         |
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 9|       An Act relating to elections; amending 26 O.S. 2011,            |
  |       Section 13A-110, as last amended by Section 1,                  |
10|       Chapter 356, O.S.L. 2016 (26 O.S. Supp. 2020, Section           |
  |       13A-110), which relates to vacancies of certain                 |
11|       boards of education; requiring Governor appointment             |
  |       for certain vacancies that result in a loss of a                |
12|       majority of board of education members; and providing           |
  |       an effective date.                                              |
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15|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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16|    SECTION 1.     AMENDATORY     26 O.S. 2011, Section 13A-110, as    |
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17|last amended by Section 1, Chapter 356, O.S.L. 2016 (26 O.S. Supp.     |
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18|2020, Section 13A-110), is amended to read as follows:                 |
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19|    Section 13A-110.  A.  Vacancies Except as provided for in          |
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20|subsection F of this section, vacancies for members of the board of    |
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21|education of every school district or technology center school         |
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22|district shall be filled by appointment by the board.                  |
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23|    B.  Except as provided for in subsection D of this section,        |
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24|persons appointed to fill such vacancies in the first half of the      |
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arsid8003148 SENATE FLOOR VERSION - HB1963 SFLR                    Page 1
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 1|term of office for the board position shall serve only until the       |
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 2|next succeeding election, at which time the office which they hold     |
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 3|shall be placed on the ballot for the balance of the unexpired term.   |
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 4| Vacancies filled by appointment following the delivery of the         |
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 5|resolution calling for regular elections to the secretary of the       |
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 6|county election board shall be filled until the regular elections      |
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 7|the following year.  Persons elected to fill unexpired terms shall     |
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 8|begin those terms at the next regular meeting of the board of          |
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 9|education following the election.  Persons appointed to fill such      |
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10|vacancies after the first half of the term of office for the board     |
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11|position shall serve for the balance of the unexpired term.            |
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12|    C.  Except as provided for in subsection D of this section, no     |
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13|person shall be appointed to a board of education who does not meet    |
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14|the eligibility qualifications needed to be a candidate for such       |
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15|position as provided for in Section 13A-106 of this title and          |
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16|Sections 5-110, 5-110.1 and 5-113 of Title 70 of the Oklahoma          |
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17|Statutes.                                                              |
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18|    D.  If after the filing period is closed no candidate for an       |
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19|open position on a board of education of a school district has filed   |
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20|and therefore a vacancy is created, the vacancy shall be filled by     |
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21|appointment by the board.  Persons appointed to fill such vacancies    |
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22|shall not be required to reside in the board or election district      |
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23|but shall be required to reside in the school district and to meet     |
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24|the other eligibility qualifications needed to be a candidate for      |
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arsid8003148 SENATE FLOOR VERSION - HB1963 SFLR                    Page 2
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 1|the position as provided for in Section 13A-106 of this title and      |
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 2|Sections 5-110, 5-110.1 and 5-113 of Title 70 of the Oklahoma          |
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 3|Statutes.  Persons appointed to fill vacancies as provided for in      |
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 4|this subsection shall be eligible to serve only for the balance of     |
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 5|the term.                                                              |
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 6|    E.  If the board of education does not fill the vacancy by         |
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 7|appointment within sixty (60) days of the date the board declared      |
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 8|the seat vacant, the board of education shall call a special           |
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 9|election to fill the vacancy for the unexpired term.  The special      |
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10|election shall be called on a date established by subsection B of      |
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11|Section 3-101 of this title, and the special filing period shall be    |
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12|scheduled as required in subsection D of Section 13A-109 of this       |
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13|title.                                                                 |
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14|    F.  If vacancies occur which result in a loss of a majority of     |
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15|members of the board of education of a school district or technology   |
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16|center school district, the Governor shall appoint a member or         |
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17|members necessary to constitute a quorum to the board of education     |
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18|pursuant to the authority granted by Section 13 of Article VI of the   |
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19|Oklahoma Constitution.  Such appointment shall be consistent with      |
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20|the requirements of this section and shall only be for the remainder   |
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21|of the term of office.                                                 |
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22|    SECTION 2.  This act shall become effective November 1, 2021.      |
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23|COMMITTEE REPORT BY: COMMITTEE ON RULES                                |
  |March 24, 2021 - DO PASS                                               |
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arsid8003148 SENATE FLOOR VERSION - HB1963 SFLR                    Page 3
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