Read the full stored bill text
EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1185
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR SCHROER.
4679S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 115.121, 115.123, 162.083, 162.221, 162.223, 162.241, 162.261, 162.291,
162.301, 162.341, 162.431, 162.459, 162.471, 162.481, 162.492, 162.601, 162.821,
162.825, 162.865, 162.867, and 162.910, RSMo, and to enact in lieu thereof twenty -
three new sections relating to local elections, with an effective date.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 115.121, 115.123, 162.083, 162.221, 1
162.223, 162.241, 162.261, 162.291, 162.301, 162.341, 162.431, 2
162.459, 162.471, 162.481, 162.492, 162.601, 162.821, 162.825, 3
162.865, 162.867, and 162.910, RSMo, are repealed and twenty -4
three new sections enacted in lieu thereof, to be known as 5
sections 67.105, 115.121, 115.123, 162.082, 162.083, 162.221, 6
162.223, 162.241, 162.261, 162.291, 162.301, 162.341, 162.431, 7
162.459, 162.471, 162.481, 162.492, 162.601, 162.821, 162.825, 8
162.865, 162.867, and 162.910, to read as follows:9
67.105. Notwithstanding any provision of law to the 1
contrary, all proposals submitted to the voters for approval 2
after August 28, 2026, for the purpose of levying a new tax, 3
license, or fee, or renewing or increasing the current levy 4
of an existing tax, license, or fee, shall be submitted by 5
the governing body of the political subdivision on a general 6
election day. 7
SB 1185 2
115.121. 1. The general election day shall be the 1
first Tuesday after the first Monday in November of even- 2
numbered years. 3
2. The primary election day shall be the first Tuesday 4
after the first Monday in August of even-numbered years. 5
3. The election day for the election of political 6
subdivision and special district officers shall be the first 7
Tuesday after the first Monday in [April] November each 8
year, and shall be known as the general municipal election 9
day. 10
115.123. 1. All public elections shall be held on 1
Tuesday. Except as provided in subsection 2 of this 2
section, and section 247.180, all public elections shall be 3
held on the general election day, the primary election day, 4
the general municipal election day, the first Tuesday after 5
the first Monday in November, or on another day expressly 6
provided by city or county charter, and in nonprimary years 7
on the first Tuesday after the first Monday in August. Bond 8
elections may be held on the first Tuesday after the first 9
Monday in [February but no other issue shall be included on 10
the ballot for such election] November of even-numbered 11
years. 12
2. The following elections shall be exempt from the 13
provisions of subsection 1 of this section: 14
(1) Bond elections necessitated by fire, vandalism or 15
natural disaster; 16
(2) Elections for which ownership of real property is 17
required by law for voting; 18
(3) Special elections to fill vacancies and to decide 19
tie votes or election contests; and 20
SB 1185 3
(4) Tax elections necessitated by a financial hardship 21
due to a five percent or greater decline in per-pupil state 22
revenue to a school district from the previous year. 23
3. Nothing in this section prohibits a charter city or 24
county from having its primary election in March if the 25
charter provided for a March primary before August 28, 1999. 26
4. Nothing in this section shall prohibit elections 27
held pursuant to section 65.600, but no other issues shall 28
be on the March ballot except pursuant to this chapter. 29
162.082. 1. Elections for all school board members 1
shall be held on the first Tuesday after the first Monday in 2
November of even-numbered years, and the term of every 3
school board member elected in 2027 and every year 4
thereafter shall be four years, except as specifically 5
provided in other sections. 6
2. Any school board member whose term expires prior to 7
the first Tuesday after the first Monday in November of 2027 8
or in any other odd-numbered year thereafter shall continue 9
to serve until his or her successor is duly elected and 10
qualified at the next general election. 11
3. In an even-numbered year, the number of school 12
board seats to be elected shall be equal to those with terms 13
that would have expired in the previous odd-numbered year 14
and those with terms expiring in such even-numbered year. 15
Except as specifically provided in other sections, the 16
candidates in each school board election receiving the 17
highest number of votes shall be elected for terms of four 18
years. 19
4. As used in this chapter, "school board member 20
election" or "school board election" means the election held 21
on the first Tuesday after the first Monday of November in 22
even-numbered years starting in 2027. 23
SB 1185 4
162.083. 1. The state board of education may appoint 1
additional members to any special administrative board 2
appointed under section 162.081. 3
2. The state board of education may set a final term 4
of office for any member of a special administrative board, 5
after which a successor member shall be elected by the 6
voters of the district. 7
(1) All final terms of office for members of the 8
special administrative board established under this section 9
shall expire on June thirtieth. 10
(2) The election of a successor member shall occur on 11
the [general municipal election day] first Tuesday after the 12
first Monday in November of the even-numbered year 13
immediately prior to the expiration of the final term of 14
office. 15
(3) The election shall be conducted in a manner 16
consistent with the election laws applicable to the school 17
district. 18
3. Nothing in this section shall be construed as 19
barring an otherwise qualified member of the special 20
administrative board from standing for an elected term on 21
the board. 22
4. On a date set by the state board of education, any 23
district operating under the governance of a special 24
administrative board shall return to local governance, and 25
continue operation as a school district as otherwise 26
authorized by law. 27
162.221. 1. When the voters of any one or more 1
districts as authorized in section 162.211, except those 2
districts designated in subdivision (2) thereof, desire to 3
form a seven-director district, a petition signed by at 4
least ten percent in number of those voting for school board 5
SB 1185 5
members in the last [annual] school election in each 6
district or one hundred voters, whichever is the higher 7
number, shall be filed with the state board of education. 8
On receipt of the petition, a representative of the state 9
department of education, designated by the commissioner of 10
education, shall visit the districts and determine the exact 11
boundaries of the proposed seven-director district. In 12
determining these boundaries, he shall so locate the 13
boundary lines as will in his judgment form the best 14
possible seven-director district, having due regard also to 15
the welfare of adjoining districts. 16
2. Within sixty days after the receipt of the 17
petition, the commissioner of education shall submit the 18
question to the voters of the proposed district. The notice 19
shall include a statement of the purpose together with a 20
plat of the proposed district. The state commissioner shall 21
file a copy of the petition and of the plat with the county 22
clerk. The election shall be conducted in the manner 23
provided in section 162.191. 24
162.223. 1. When the voters in any two or more 1
adjacent districts without limitation as to size or 2
enrollment desire to consolidate and form a new district, a 3
petition asking for an election upon the question of 4
consolidation shall be filed with the boards of education of 5
the affected districts; provided, however, that such 6
petition shall be signed by ten percent of those in each 7
district who voted for school directors at the last election 8
in which such directors were elected, or one hundred voters, 9
whichever is the higher number. 10
2. As an alternative to the procedure in subsection 1 11
of this section, two or more adjacent districts may, by a 12
SB 1185 6
majority vote of each board of education, call for an 13
election upon the question of consolidation. 14
3. The question shall be submitted in substantially 15
the following form: 16
Shall the ______ school district and the ______ 17
school district (and the ______ school district) 18
form a new district with a tax rate ceiling of 19
______ per one hundred dollars of assessed 20
valuation? If this proposition is approved, the 21
adjusted operating levy of the new school 22
district is estimated to be ______ (amount) per 23
one hundred dollars of assessed valuation. 24
4. The board of directors of each affected district 25
shall cause the question to be included on the ballot to be 26
submitted to the voters in each such district at the next 27
election day. A plat of the proposed new district shall be 28
published and posted with the notices of election. 29
5. The results of the voting on the proposal in each 30
district affected shall be certified to the state 31
commissioner of education by the secretary of each board of 32
education of each district or by such other person or body 33
charged with conducting such elections and, should the 34
majority of the votes cast in each affected district be in 35
favor of the proposal, the state commissioner shall declare 36
the new district formed as of July first following the 37
submission of the question. 38
6. If the commissioner of education declares, before 39
the closing date for filing for the election of board 40
members [on the municipal election date], that the new 41
district is to be formed as of July first, no candidates 42
shall be certified by the districts involved in the 43
consolidation and the board members whose terms would 44
SB 1185 7
otherwise have expired on that date shall remain as board 45
members until July first. In consolidation cases where 46
there is insufficient time from the date the commissioner of 47
education declares that the new district shall be formed as 48
of July first and July first to hold an election of board 49
members, seven board members from the boards of the 50
consolidating districts shall be drawn by lot to serve until 51
the next election at which the new board of education can be 52
elected. The number of board members selected from one 53
district shall not exceed the quotient resulting from seven 54
divided by the number of districts consolidating rounded 55
down to the nearest whole number plus one. The commissioner 56
of education or a designee shall supervise the drawing, by 57
lot, of the board members which shall be approved by the 58
state board of education. 59
162.241. If a proposal to form a district pursuant to 1
the provisions of sections 162.171 to 162.191, 162.211 and 2
162.221, or section 162.223 receives the required majority 3
of the votes cast on the proposition, the state board of 4
education or the county commission, in the case of a 5
district formed pursuant to the provisions of sections 6
162.171 to 162.191 or 162.211 and 162.221, shall order an 7
election in the district to be held. This election shall be 8
for the purpose of electing seven members to serve on the 9
school board of the district. Such election shall be held 10
on the [next election day as provided under section 115.123] 11
first Tuesday after the first Monday in November of an even- 12
numbered year. The election shall be conducted in the 13
manner provided by section 162.371. A letter from the 14
commissioner of education, delivered by certified mail to 15
the presiding commissioner of the county commission of the 16
county to which the district formed by provisions of section 17
SB 1185 8
162.223 is assigned shall be the authority for the county 18
commission to proceed with election procedures in the same 19
manner as they would be performed by the district board of 20
education were it in existence; but the costs of the 21
election shall be paid from the incidental fund of the new 22
district. [Two] Three directors shall be elected to serve 23
[until the next municipal election] two-year terms, two to 24
serve [until the second municipal election] four-year terms, 25
and two to serve [until the third municipal election. The 26
seventh board member shall be elected to serve until the 27
municipal election during which the majority of school 28
districts elect three board members] six-year terms. Any 29
director elected after this initial election shall serve a 30
four-year term. 31
162.261. 1. The government and control of a seven- 1
director school district, other than an urban district, is 2
vested in a board of education of seven members, who hold 3
their office for [three] four years, except as provided in 4
sections 162.241 and 162.563, and until their successors are 5
duly elected and qualified. Any vacancy occurring in the 6
board shall be filled by the remaining members of the board; 7
except that if there are more than two vacancies at any one 8
time, the county commission upon receiving written notice of 9
the vacancies shall fill the vacancies by appointment. If 10
there are more than two vacancies at any one time in a 11
county without a county commission, the county executive 12
upon receiving written notice of the vacancies shall fill 13
the vacancies, with the advice and consent of the county 14
council, by appointment. The person appointed shall hold 15
office until the next [municipal] election, when a director 16
shall be elected for the unexpired term. 17
SB 1185 9
2. No seven-director, urban, or metropolitan school 18
district board of education shall hire a spouse of any 19
member of such board for a vacant or newly created position 20
unless the position has been advertised pursuant to board 21
policy and the superintendent of schools submits a written 22
recommendation for the employment of the spouse to the board 23
of education. The names of all applicants as well as the 24
name of the applicant hired for the position shall be 25
included in the board minutes. 26
3. The provisions of Article VII, Section 6 of the 27
Missouri Constitution apply to school districts. 28
162.291. Except as provided in section 162.563, the 1
voters of each seven-director district other than urban 2
districts shall, [at municipal elections] on the first 3
Tuesday after the first Monday in November of even-numbered 4
years, elect [two] directors, who are citizens of the United 5
States and resident taxpayers of the district, [who] in 6
accordance with the provisions of section 162.082. Such 7
directors shall have resided in the district for one year 8
next preceding their election or appointment, and [who are] 9
be at least twenty-four years of age. 10
162.301. 1. Within fourteen days after the election 1
of the first school board in each seven-director district, 2
other than an urban district, and within fourteen days after 3
each [annual] election, the board shall meet. The newly 4
elected members shall qualify by taking the oath of office 5
prescribed by Article VII, Section 11, of the Constitution 6
of Missouri. 7
2. The board shall organize by the election of a 8
president and vice president, and the board shall, on or 9
before the fifteenth day of [July of each year] January in 10
odd-numbered years, elect a secretary and a treasurer, who 11
SB 1185 10
shall enter upon their respective duties on the fifteenth 12
day of [July] January. The secretary and treasurer may be 13
or may not be members of the board. No compensation shall 14
be granted to either the secretary or the treasurer until 15
his report and settlement are made and filed or published as 16
the law directs. 17
3. A majority of the board constitutes a quorum for 18
the transaction of business, but no contract shall be let, 19
person employed, bill approved or warrant ordered unless a 20
majority of the whole board votes therefor. 21
162.341. The [annual] school board member election in 1
seven-director districts[, except urban districts,] shall be 2
held on [municipal election days] the first Tuesday after 3
the first Monday in November of even-numbered years. 4
162.431. 1. When it is necessary to change the 1
boundary lines between seven-director school districts, in 2
each district affected, ten percent of the voters by number 3
of those voting for school board members in the last 4
[annual] school election in each district may petition the 5
district boards of education in the districts affected, 6
regardless of county lines, for a change in boundaries. The 7
question shall be submitted at the next election, as the 8
term election is referenced and defined in section 115.123. 9
2. The voters shall decide the question by a majority 10
vote of those who vote upon the question. If assent to the 11
change is given by each of the various districts voting, 12
each voting separately, the boundaries are changed from that 13
date. 14
3. If one of the districts votes against the change 15
and the other votes for the change, the matter may be 16
appealed to the state board of education, in writing, within 17
fifteen days of the submission of the question by either one 18
SB 1185 11
of the districts affected, or in the above event by a 19
majority of the signers of the petition requesting a vote on 20
the proposal. At the first meeting of the state board 21
following the appeal, a board of arbitration composed of 22
three members, none of whom shall be a resident of any 23
district affected, shall be appointed. In determining 24
whether it is necessary to change the boundary line between 25
seven-director districts, the board of arbitration shall 26
base its decision upon the following: 27
(1) The presence of school-aged children in the 28
affected area; 29
(2) The presence of actual educational harm to school- 30
aged children, either due to a significant difference in the 31
time involved in transporting students or educational 32
deficiencies in the district which would have its boundary 33
adversely affected; and 34
(3) The presence of an educational necessity, not of a 35
commercial benefit to landowners or to the district 36
benefitting for the proposed boundary adjustment. 37
For purposes of subdivision (2) of this subsection, 38
"significant difference in the time involved in transporting 39
students" shall mean a difference of forty-five minutes or 40
more per trip in travel time. "Travel time" is the period 41
of time required to transport a pupil from the pupil's place 42
of residence or other designated pick-up point to the site 43
of the pupil's educational placement. 44
4. Within twenty days after notification of 45
appointment, the board of arbitration shall meet and 46
consider the necessity for the proposed changes and shall 47
decide whether the boundaries shall be changed as requested 48
in the petition or be left unchanged, which decision shall 49
SB 1185 12
be final. The decision by the board of arbitration shall be 50
rendered not more than thirty days after the matter is 51
referred to the board. The chairman of the board of 52
arbitration shall transmit the decision to the secretary of 53
each district affected who shall enter the same upon the 54
records of his district and the boundaries shall thereafter 55
be in accordance with the decision of the board of 56
arbitration. The members of the board of arbitration shall 57
be allowed a fee of fifty dollars each, to be paid at the 58
time the appeal is made by the district taking the appeal or 59
by the petitioners should they institute the appeal. 60
5. If the board of arbitration decides that the 61
boundaries shall be left unchanged, no new petition for the 62
same, or substantially the same, boundary change between the 63
same districts shall be filed until after the expiration of 64
two years from the date of the municipal election at which 65
the question was submitted to the voters of the districts. 66
162.459. 1. Notwithstanding other provisions of law 1
to the contrary, the school board of each school district 2
designated in the statutes as a seven-director or urban 3
school district shall consist of seven members. [At the 4
first election for members of the school board in each of 5
such districts after January 1, 1993, and each three years 6
thereafter, three members of the school board shall be 7
elected; except, no school district composed of seven 8
members as of January 1, 1993, shall be required to modify 9
its schedule of electing board members] For all board 10
members serving terms as of January 1, 2027, their terms 11
shall be modified in accordance with the provisions of 12
section 162.082. The term of every board member elected in 13
2027 or thereafter shall be four years. 14
SB 1185 13
2. Provisions of law applicable to seven-director and 15
urban school districts, except those which conflict with the 16
provisions of this section, shall apply to and govern the 17
school districts designated in subsection 1 of this section. 18
162.471. 1. The government and control of an urban 1
school district is vested in a board of seven directors. 2
2. Except as provided in section 162.563, each 3
director shall be a voter of the district who has resided 4
within this state for one year next preceding the director's 5
election or appointment and who is at least twenty-four 6
years of age. All directors elected in 2027 or thereafter, 7
except as otherwise provided in sections 162.481, 162.492, 8
and 162.563, shall hold their offices for [six] four years 9
and until their successors are duly elected and qualified. 10
The term of any board member serving a six-year term as of 11
January 1, 2027, shall be modified in accordance with the 12
provisions of section 162.082. All vacancies occurring in 13
the board shall be filled by appointment by the board as 14
soon as practicable, and the person appointed shall hold 15
office until the next school board election, when a 16
successor shall be elected for the remainder of the 17
unexpired term. The power of the board to perform any 18
official duty during the existence of a vacancy continues 19
unimpaired thereby. 20
162.481. 1. Except as otherwise provided in [this 1
section and] sections 162.492 and 162.563, all elections of 2
school directors in urban school districts shall be held 3
biennially [at the same times and places as municipal 4
elections] on the first Tuesday after the first Monday in 5
November of even-numbered years. 6
2. Except as otherwise provided in [subsections 3, 4, 7
and 5] subsection 3 of this section, hereafter when a seven- 8
SB 1185 14
director district becomes an urban school district, the 9
directors of the prior seven-director district shall 10
continue as directors of the urban school district until the 11
expiration of the terms for which they were elected and 12
until their successors are elected as provided in this 13
subsection. The first biennial school election for 14
directors shall be held in the urban school district at the 15
time provided in subsection 1 of this section which is on 16
the date of or subsequent to the expiration of the terms of 17
the directors of the prior district which are first to 18
expire, and directors shall be elected to succeed the 19
directors of the prior district whose terms have expired. 20
If the terms of two directors only have expired, the 21
directors elected at the first biennial school election in 22
the urban school district shall be elected for terms of six 23
years. If the terms of four directors have expired, two 24
directors shall be elected for terms of six years and two 25
shall be elected for terms of four years. At the next 26
succeeding biennial election held in the urban school 27
district, successors for the remaining directors of the 28
prior seven-director district shall be elected. If only two 29
directors are to be elected they shall be elected for terms 30
of six years each. If four directors are to be elected, two 31
shall be elected for terms of six years and two shall be 32
elected for terms of two years. After seven directors of 33
the urban school district have been elected under this 34
subsection, their successors shall be elected for terms of 35
[six] four years. 36
3. [In any school district in which a majority of the 37
district is located in any home rule city with more than one 38
hundred fifty-five thousand but fewer than two hundred 39
thousand inhabitants, elections shall be held annually at 40
SB 1185 15
the same times and places as general municipal elections for 41
all years where one or more terms expire, and the terms 42
shall be for three years and until their successors are duly 43
elected and qualified for all directors elected on and after 44
August 28, 1998. 45
4.] For any school district which becomes an urban 46
school district by reason of the [2000] 2020 federal 47
decennial census, elections shall be held [annually at the 48
same times and places as general municipal elections for all 49
years where one or more terms expire] on the first Tuesday 50
after the first Monday in November of even-numbered years, 51
and the terms shall be for [three] four years and until 52
their successors are duly elected and qualified for all 53
directors elected on and after [August 28, 2001] November 3, 54
2027. 55
[5.] 4. In any school district in any county with a 56
charter form of government and with more than three hundred 57
thousand but fewer than four hundred fifty thousand 58
inhabitants which becomes an urban school district by reason 59
of the 2010 federal decennial census, elections shall be 60
held annually at the same times and places as general 61
municipal elections for all years where one or more terms 62
expire, and the terms shall be for three years and until 63
their successors are duly elected and qualified for all 64
directors elected on and after April 2, 2012. 65
[6.] 5. In any urban school district in a county of 66
the first classification with more than eighty-three 67
thousand but fewer than ninety-two thousand inhabitants and 68
with a home rule city with more than seventy-six thousand 69
but fewer than ninety-one thousand inhabitants as the county 70
seat, elections shall be held annually at the same times and 71
places as general municipal elections for all years where 72
SB 1185 16
one or more terms expire, and upon expiration of any term 73
after August 28, 2015, the term of office shall be for three 74
years and until their successors are duly elected and 75
qualified. 76
162.492. 1. In all urban districts containing the 1
greater part of the population of a city which has more than 2
three hundred thousand inhabitants, the election authority 3
of the city in which the greater portion of the school 4
district lies, and of the county if the district includes 5
territory not within the city limits, shall serve ex officio 6
as a redistricting commission. The commission shall on or 7
before November 1, 2018, divide the school district into 8
five subdistricts, all subdistricts being of compact and 9
contiguous territory and as nearly equal in the number of 10
inhabitants as practicable and thereafter the board shall 11
redistrict the district into subdivisions as soon as 12
practicable after each United States decennial census. In 13
establishing the subdistricts each member shall have one 14
vote and a majority vote of the total membership of the 15
commission is required to make effective any action of the 16
commission. 17
2. School board elections for the election of 18
directors shall be held on municipal election days in 2014 19
and 2016. At the election in 2014, directors shall be 20
elected to hold office until 2019 and until their successors 21
are elected and qualified. At the election in 2016, 22
directors shall be elected until 2019 and until their 23
successors are elected and qualified. Beginning in [2019] 24
2027, school elections for the election of directors shall 25
be held on the [local election date as specified in the 26
charter of a home rule city with more than four hundred 27
thousand inhabitants and located in more than one county] 28
SB 1185 17
first Tuesday after the first Monday in November of even- 29
numbered years. The terms of board members described in 30
this subsection shall be modified in accordance with the 31
provisions of section 162.082. Beginning at the election 32
for school directors in [2019] 2027, the number of directors 33
on the board shall be reduced from nine to seven. Two 34
directors shall be at-large directors and five directors 35
shall represent the subdistricts, with one director from 36
each of the subdistricts. At the [2019] 2027 election, one 37
of the at-large directors and the directors from 38
subdistricts one, three, and five shall be elected for a two- 39
year term, and the other at-large director and the directors 40
from subdistricts two and four shall be elected for a four- 41
year term. Thereafter, all seven directors shall serve a 42
four-year term. Directors shall serve until the next 43
election and until their successors, then elected, are duly 44
qualified as provided in this section. In addition to other 45
qualifications prescribed by law, each member elected from a 46
subdistrict shall be a resident of the subdistrict from 47
which he or she is elected. The subdistricts shall be 48
numbered from one to five. 49
3. The five candidates, one from each of the 50
subdistricts, who receive a plurality of the votes cast by 51
the voters of that subdistrict and the at-large candidates 52
receiving a plurality of the at-large votes shall be 53
elected. The name of no candidate for nomination shall be 54
printed on the ballot unless the candidate has at least 55
sixty days prior to the election filed a declaration of 56
candidacy with the secretary of the board of directors 57
containing the signatures of at least two hundred fifty 58
registered voters who are residents of the subdistrict 59
within which the candidate for nomination to a subdistrict 60
SB 1185 18
office resides, and in case of at-large candidates the 61
signatures of at least five hundred registered voters. The 62
election authority shall determine the validity of all 63
signatures on declarations of candidacy. 64
4. In any election either for at-large candidates or 65
candidates elected by the voters of subdistricts, if there 66
are more than two candidates, a majority of the votes are 67
not required to elect but the candidate having a plurality 68
of the votes shall be elected. 69
5. The names of all candidates shall appear upon the 70
ballot without party designation and in the order of the 71
priority of the times of filing their petitions of 72
nomination. No candidate may file both at large and from a 73
subdistrict and the names of all candidates shall appear 74
only once on the ballot, nor may any candidate file more 75
than one declaration of candidacy. All declarations shall 76
designate the candidate's residence and whether the 77
candidate is filing at large or from a subdistrict and the 78
numerical designation of the subdistrict or at-large area. 79
6. The provisions of all sections relating to seven- 80
director school districts shall also apply to and govern 81
urban districts in cities of more than three hundred 82
thousand inhabitants, to the extent applicable and not in 83
conflict with the provisions of those sections specifically 84
relating to such urban districts. 85
7. Vacancies which occur on the school board shall be 86
filled in the manner provided in section 162.471. 87
162.601. 1. [Elected members of the board in office 1
on August 28, 1998, shall hold office for the length of term 2
for which they were elected, and any members appointed 3
pursuant to section 162.611 to fill vacancies left by 4
elected members in office on August 28, 1998, shall serve 5
SB 1185 19
for the remainder of the term to which the replaced member 6
was elected. 7
2. No board members shall be elected at the first 8
municipal election in an odd-numbered year next following 9
August 28, 1998. 10
3. Three board members shall be elected at the second 11
municipal election in an odd-numbered year next following 12
August 28, 1998, to serve four-year terms. 13
4. Four board members shall be elected at the third 14
municipal election in an odd-numbered year next following 15
August 28, 1998, and two of such members shall be elected to 16
four-year terms and two of such members shall be elected to 17
three-year terms. For the two members elected at the 18
municipal election in 2006, the terms of such members shall 19
expire after their successors are elected and qualified 20
pursuant to subsection 6 of this section. 21
5. Beginning with the fourth municipal election in an 22
odd-numbered year next following August 28, 1998, and at 23
each succeeding municipal election in a year during which 24
board member terms expire, there shall be elected members of 25
the board of education, who shall assume the duties of their 26
office at the first regular meeting of the board of 27
education after their election, and who shall hold office 28
for four years, and until their successors are elected and 29
qualified. 30
6. For the two board members who are elected at the 31
municipal election in 2006, their successors thereafter 32
shall be elected at the general election in the year in 33
which their terms expire] All board members shall be elected 34
at elections held on the first Tuesday after the first 35
Monday in November of even-numbered years. For all board 36
members serving terms as of January 1, 2027, their terms 37
SB 1185 20
shall be modified in accordance with the provisions of 38
section 162.082. The term of every board member elected in 39
2027 or thereafter shall be four years. 40
[7.] 2. Members of the board of directors shall be 41
elected to represent seven subdistricts. The subdistricts 42
shall be established by the state board of education to be 43
compact, contiguous and as nearly equal in population as 44
practicable. The subdistricts shall be revised by the state 45
board of education after each decennial census and at any 46
other time the state board determines that the district's 47
demographics have changed sufficiently to warrant 48
redistricting. 49
[8.] 3. A member shall reside in and be elected in the 50
subdistrict which the member is elected to represent. 51
Subdistrict 1 shall be comprised of wards 1, 2, 22 and 27. 52
Subdistrict 2 shall be comprised of wards 3, 4, 5 and 21. 53
Subdistrict 3 shall be comprised of wards 18, 19, 20 and 54
26. Subdistrict 4 shall be comprised of wards 6, 7, 17 and 55
28. Subdistrict 5 shall be comprised of wards 9, 10, 11 and 56
12. Subdistrict 6 shall be comprised of wards 13, 14, 16 57
and 25. Subdistrict 7 shall be comprised of wards 8, 15, 23 58
and 24. 59
162.821. The district secretary shall keep a record of 1
the proceedings of all [annual and special] elections of the 2
voters of the district and of the proceedings of the board 3
of education. He shall make copies of the election notices, 4
contracts with teachers, certificates and all other papers 5
relating to the business of the district, and securely keep 6
the same. He shall maintain a correct plat of the district 7
and shall promptly notify the department of elementary and 8
secondary education and the county clerk of each county 9
affected of all changes in the boundaries of the district. 10
SB 1185 21
He shall transmit to the county commission and to the state 11
department of elementary and secondary education, on or 12
before the fifteenth day of August in each year, a report 13
embracing the following items: 14
(1) The number of children, male and female, attending 15
the public schools during the year; 16
(2) Total number of days' attendance by all such 17
children; 18
(3) The number of days the public schools of the 19
district have been maintained during the school year; 20
(4) The number of teachers employed, male and female, 21
and the wages per month of each; 22
(5) Estimated value of school property owned and 23
managed by the district; 24
(6) Assessed valuation of the district; 25
(7) Rate of school tax on the assessed valuation of 26
the district; 27
(8) Cash on hand at the beginning of the year; 28
(9) Tuition fees received and credited to the 29
teachers' fund of the district; 30
(10) Public funds received by county treasurer; 31
(11) District tax received by county (or township) 32
treasurer; 33
(12) Amount paid on teachers' wages; 34
(13) Amount paid for incidental expenses; 35
(14) Amount expended for purchasing site, erecting 36
schoolhouses, rent and repairs; 37
(15) Amount expended in cancelling bonded indebtedness 38
and paying interest on same; 39
(16) Amount expended for library; 40
(17) Cash on hand at the end of the year; and 41
SB 1185 22
(18) Such other information as may be required by the 42
state board of education. 43
162.825. Whenever there is presented to the state 1
board of education a petition signed by voters in each 2
district in the proposed special district equal in number in 3
each district to five percent of the number of votes cast 4
for school board members in the last [annual] school 5
election praying (a) that a special school district 6
embracing the entire area described in the petition be 7
organized for the education and training of handicapped and 8
severely handicapped children and for vocational education 9
purposes; and (b) that a proposal be submitted to the voters 10
of the proposed district for the organization of the special 11
school district, the state board of education, unless 12
section 162.835 applies, shall, within thirty days of the 13
receipt of said petition, direct the board of education of 14
each school district comprising the proposed special 15
district to cause the proposal to be submitted to the voters 16
in each such district at the next [municipal] school board 17
member election or, if the next [annual] school board member 18
election is more than sixty days away, cause the proposal to 19
be submitted to the voters in each such district at a 20
special election called in accordance with law on a date set 21
by the state board of education. The election shall be 22
conducted in each school district comprising the proposed 23
special district in the manner provided by law for the 24
conducting of school district elections generally in 25
sections 162.351 and 162.601, unless a different procedure 26
is specifically provided in sections 162.670 to [162.995] 27
162.974. 28
162.865. The board members of a special school 1
district with a population of not more than one hundred 2
SB 1185 23
thousand persons shall be elected at large. The seven 3
receiving the largest number of votes shall be elected and 4
the three receiving the highest number of votes cast shall 5
be elected for terms of [three] six years each; the two 6
receiving the next highest number of votes cast shall be 7
elected for terms of [two] four years each; and the two 8
receiving the next highest number of votes cast shall be 9
elected for terms of [one year] two years each. [That part 10
of the year between the date of the election of board 11
members and the municipal election day of the following year 12
is considered a full year in the terms of the members 13
elected.] All board members shall serve until their 14
successors are elected and qualified and the state board of 15
education shall issue certificates of election to the board 16
members elected. 17
162.867. 1. Board of education members of a special 1
school district with a population of more than one hundred 2
thousand persons in office on August 28, 1999, shall serve 3
the remainder of their terms and shall serve until their 4
successors are duly elected and qualified pursuant to this 5
section. 6
2. On and after August 28, 1999, each new member of a 7
board of education of a special school district with a 8
population of more than one hundred thousand persons shall 9
be elected pursuant to this section by the governing council 10
established pursuant to section 162.856. 11
3. Pursuant to this section, each qualified candidate 12
for the board of education of a special school district with 13
a population of more than one hundred thousand persons 14
shall: 15
(1) Be a voter of the district who has resided within 16
the state for one year next preceding selection to the board 17
SB 1185 24
and is resident in the subdistrict in which the candidate 18
files; and 19
(2) Be at least twenty-four years of age. 20
4. No member of the board of education of a special 21
school district with a population of more than one hundred 22
thousand persons shall: 23
(1) Vote on, solicit, transact, offer, or accept any 24
contract between the special school district and any 25
corporation, partnership, association, or other organization 26
in which that member of the board of education has a 27
financial interest, unless otherwise provided herein, 28
excluding interests owned prior to such member's election; 29
(2) Hold any office or employment of profit from the 30
board of education of the special school district while 31
serving. However, nothing in this section shall be 32
construed to preclude a person from being elected to or 33
serving on the board of education of the special school 34
district on the basis that the person is related to a pupil 35
of the special school district or to a pupil of any school 36
district all or a portion of which is contained within the 37
special school district; or 38
(3) Vote on, solicit, transact, offer, or accept any 39
contract or procurement in which that board member shall 40
have a direct or indirect beneficial interest, unless: 41
(a) The material facts as to such member's 42
relationship or interest and as to the contract or 43
transaction are disclosed in writing and are known to the 44
board and governing council, and such governing council and 45
board, in good faith, authorize the contract or transaction 46
by the affirmative vote of the majority of the disinterested 47
members; and 48
SB 1185 25
(b) Such member's relationship or interest in such 49
contract or transaction shall not be voted upon by such 50
interested member. 51
5. [Beginning in April, 1997, and every third year 52
thereafter, two members shall be elected. Beginning in 53
April, 1998, and every third year thereafter, two members 54
shall be elected. Beginning in April, 1999, and every third 55
year thereafter, three members shall be elected] For all 56
board members serving terms as of January 1, 2027, their 57
terms shall be modified in accordance with the provisions of 58
section 162.082. The term of every board member elected in 59
2027 or thereafter shall be four years. A member shall be 60
elected to fill each open seat on the board of education. 61
6. Board members elected in 2027 or thereafter shall 62
serve [three-year] four-year terms and shall serve until 63
their successors are duly elected and qualified. 64
7. The board of education shall, upon formation and 65
each decade within ninety days following the publication of 66
the final decennial census figures thereafter, adopt a 67
resolution calling for the formation of a redistricting 68
committee. Upon adoption of such resolution, the secretary 69
of the board of education shall forward a certified copy 70
thereof to the state board of education. The redistricting 71
committee shall consist of three residents within the 72
district, appointed by the board of education of the special 73
school district, plus three additional persons resident 74
within the special school district, appointed by the state 75
board of education. Thereafter, the redistricting committee 76
shall meet, organize itself with a chairman and secretary, 77
and proceed with the adoption of a redistricting plan. Any 78
plan proposed to be adopted must receive approval of a 79
majority of the whole redistricting committee. Upon 80
SB 1185 26
adoption, the redistricting committee shall forward a copy 81
of the plan certified by the secretary of the redistricting 82
committee to the state board of education for its approval 83
or disapproval. The state board of education shall approve 84
any redistricting plan which divides the special district 85
into seven subdistricts of equal population, taking into 86
account insofar as possible existing school district 87
boundary lines. Upon approval by the state board of 88
education, the redistricting plan shall become effective and 89
all board members selected thereafter shall be selected from 90
subdistricts in which they are resident. If the plan is not 91
approved, then it shall be returned to the redistricting 92
committee for revision and resubmission. If a redistricting 93
plan has not been adopted within one year after the 94
publication of the decennial census figures, the state board 95
of education shall provide the redistricting plan. No 96
member of the redistricting committee shall serve on the 97
board of education for a period of six years following such 98
service on the redistricting committee. 99
8. The structure of the board of education and the 100
selection of members of the board of education of a special 101
school district with a population of more than one hundred 102
thousand persons shall be as established pursuant to this 103
section, except as may be otherwise approved by the voters 104
of the special school district under section 162.858. 105
162.910. At the elections conducted pursuant to 1
section 162.865, the voters of a special district with a 2
population of not more than one hundred thousand persons 3
shall elect, by ballot, two board members to succeed those 4
whose terms have expired and the board members so elected 5
shall hold office for terms of [three] four years and until 6
their successors have been elected and qualified and shall 7
SB 1185 27
assume the duties of their offices at the first regular 8
meeting of the board of education held after their 9
election. Candidates shall file their declarations of 10
candidacy for office of board member with the secretary of 11
the board of education of the special school district. A 12
majority of the then qualified members of the board of 13
education of the special school district shall certify the 14
candidates receiving the greatest number of votes for terms 15
of [three] four years each and until their successors shall 16
have been elected and qualified, and shall declare and 17
certify the results of the vote cast on any question 18
presented at the election. 19
Section B. Section A of this act shall become 1
effective on January 1, 2027. 2
✓