1| HOUSE OF REPRESENTATIVES - FLOOR VERSION | | | 2| STATE OF OKLAHOMA | | | 3| 1st Session of the 59th Legislature (2023) | | | 4|COMMITTEE SUBSTITUTE | |FOR | 5|HOUSE BILL NO. 1372 By: West (Tammy) | | | 6| | | | 7| | | | 8| COMMITTEE SUBSTITUTE | | | 9| An Act relating to elections; amending 26 O.S. 2021, | | Section 13A-103, which relates to dates of board of | 10| education elections; directing members to be seated | | at the first meeting following the April election | 11| date; amending 70 O.S. 2021, Section 5-119, which | | relates to the election of board of education | 12| officers; directing such election to take place at | | certain meeting; updating statutory reference; | 13| providing an effective date; and declaring an | | emergency. | 14| | | | 15| | | | 16|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 17| SECTION 1. AMENDATORY 26 O.S. 2021, Section 13A-103, is | | | 18|amended to read as follows: | | | 19| Section 13A-103. A. 1. The general election of members of the | | | 20|board of education of every school district and technology center | | | 21|school district shall be conducted on the first Tuesday of April of | | | 22|each year. | | | 23| 2. The primary election of members of the board of education of | | | 24|every school district and technology center school district, if | | | arsid12402698 HB1372 HFLR Page 1 ___________________________________________________________________________
1|necessary, shall be conducted on the second Tuesday in February of | | | 2|each year, except in any year when a Presidential Preferential | | | 3|Primary is held in February, then the election shall be held on the | | | 4|same day as the Presidential Preferential Primary. | | | 5| 3. If only two candidates qualify to have their names appear on | | | 6|the ballot, the names of both candidates shall appear on the ballot | | | 7|at the board of education general election. | | | 8| 4. If more than two candidates qualify to have their names | | | 9|appear on the ballot, the names of all such candidates shall appear | | | 10|on the ballot at the board of education primary election. A | | | 11|candidate receiving more than fifty percent (50%) of the votes cast | | | 12|in the board of education primary election shall be elected to the | | | 13|office and shall be seated at the first meeting following the April | | | 14|election date and certification. If no candidate receives more than | | | 15|fifty percent (50%) of the votes cast in the board of education | | | 16|primary election, then the two candidates with the highest number of | | | 17|votes shall appear on the ballot at the board of education general | | | 18|election. | | | 19| B. Elections on the question of making a levy or levies for | | | 20|schools under Section 9, Section 9B or Section 10 of Article X of | | | 21|the Oklahoma Constitution shall be held on the second Tuesday in | | | 22|February of each year, except in any year when a Presidential | | | 23|Preferential Primary is held in February, then the election shall be | | | 24|held on the same day as the Presidential Preferential Primary. | | | arsid12402698 HB1372 HFLR Page 2 ___________________________________________________________________________
1| C. The board of education of every school district or | | | 2|technology center school district may call a special election for | | | 3|the purpose of voting on any matter or question authorized by law. | | | 4| SECTION 2. AMENDATORY 70 O.S. 2021, Section 5-119, is | | | 5|amended to read as follows: | | | 6| Section 5-119. A. Except for districts that elect a chair of | | | 7|the board pursuant to Section1 of this act5-107B of this title, | | | 8|the board of education of each school district shall elect from its | | | 9|membership at the first regular, special or emergency meeting | | | 10|following theannualApril school election date and certification of | | | 11|election of new members, a president and vice president, each of | | | 12|whom shall serve for a term of one (1) year and until a successor is | | | 13|elected and qualified. The board shall also elect a clerk and, in | | | 14|its discretion, a deputy clerk, either of whom may be one of the | | | 15|members of the board, and each of whom shall hold office during the | | | 16|pleasure of the board and each of whom shall receive such | | | 17|compensation for services as the board may allow. If the board | | | 18|elects a board clerk who is not one of the members of the board, the | | | 19|board clerk may also be employed as the encumbrance clerk and minute | | | 20|clerk. Provided, no superintendent, principal, treasurer or | | | 21|assistant treasurer, instructor, or teacher employed by such board | | | 22|shall be elected or serve as clerk or deputy clerk of the board nor | | | 23|as encumbrance clerk or minute clerk except that a treasurer or | | | 24|assistant treasurer may serve as a minute clerk. No board member | | | arsid12402698 HB1372 HFLR Page 3 ___________________________________________________________________________
1|shall serve as encumbrance clerk or minute clerk. The deputy clerk | | | 2|may perform any of the duties and exercise any of the powers of the | | | 3|clerk with the same force and effect as if the same were done or | | | 4|performed by the clerk. Before entering upon the discharge of the | | | 5|duties of the deputy clerk, the deputy clerk shall give a bond in a | | | 6|sum of not less than One Thousand Dollars ($1,000.00) with good and | | | 7|sufficient sureties to be approved by the board conditioned for the | | | 8|faithful performance of the duties of the deputy clerk. | | | 9| B. The board of education shall employ an encumbrance clerk and | | | 10|minute clerk, both functions of which may be performed by the same | | | 11|employee. The encumbrance clerk shall keep the books and documents | | | 12|of the school district and perform such other duties as the board of | | | 13|education or its committees may require. The minute clerk shall | | | 14|keep an accurate journal of the proceedings of the board of | | | 15|education and perform such other duties as the board of education or | | | 16|its committees may require. The board of education may designate a | | | 17|deputy minute clerk. The deputy minute clerk may perform any of the | | | 18|duties and exercise any of the powers of the minute clerk with the | | | 19|same force and effect as if the same were done or performed by the | | | 20|minute clerk. Before entering upon the discharge of the duties of | | | 21|the deputy minute clerk, the deputy minute clerk shall give a bond | | | 22|in a sum of not less than One Thousand Dollars ($1,000.00) with good | | | 23|and sufficient sureties to be approved by the board conditioned for | | | 24|the faithful performance of the duties of the deputy minute clerk. | | | arsid12402698 HB1372 HFLR Page 4 ___________________________________________________________________________
1|Before entering upon the discharge of their duties, the encumbrance | | | 2|clerk and minute clerk shall each give a bond in a sum of not less | | | 3|than One Thousand Dollars ($1,000.00) with good and sufficient | | | 4|sureties to be approved by the board conditioned for the faithful | | | 5|performance of their duties. If both functions are performed by the | | | 6|same person only one bond in a sum of not less than One Thousand | | | 7|Dollars ($1,000.00) shall be required. | | | 8| SECTION 3. This act shall become effective July 1, 2023. | | | 9| SECTION 4. It being immediately necessary for the preservation | | | 10|of the public peace, health or safety, an emergency is hereby | | | 11|declared to exist, by reason whereof this act shall take effect and | | | 12|be in full force from and after its passage and approval. | | | 13| | | | 14|COMMITTEE REPORT BY: COMMITTEE ON ELECTIONS AND ETHICS, dated | |02/22/2023 - DO PASS, As Amended. | 15| | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | arsid12402698 HB1372 HFLR Page 5