State board of education-members.

2015
STATE OF WYOMING
15LSO-0557
Numbered
2.1

HOUSE BILL

NO.

HB0226

State board of education-members.

Sponsored by:
Representative(s) Steinmetz, Halverson, Jennings, McKim and Reeder and Senator(s) Meier

A BILL

for

AN ACT relating to the state board of education; conforming law as specified to Powers v. State, 2014 WY 15, 318 P.3d 300 and Powers v. State, No. 180-673 (1st Jud. Dist. Ct. Apr. 18, 2014); providing for the election of members and modifying the appointment of remaining members; providing conforming amendments; prescribing initial terms; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 21
‑
2
‑
301,

as amended by
15LSO-0001
conforming Wyoming Statute
to Powers v. State, 2014 WY 15, 318 P.3d 300 and Powers v. State, No. 180
‑
673 (1
st
Jud. Dist. Ct. Apr. 18, 2014)
,

is
amended to read:

21
‑
2
‑
301.

Appointment; qualifications, terms and removal of members; meetings; chairman.

(a)

There is created a state board of education composed of
thirteen (13)
members,
eleven (11)

five
(5)
of whom shall be appointed
members with at least one (1) member appointed from each appointment district pursuant to W.S. 9
‑
1
‑
218. Appointments from each appointment district shall be rotated among the several counties comprising the district

at large by the governor and six (6) shall be elected by nonpartisan ballot in accordance with subsection (b) of this section
. The remaining
voting member
of the board shall be the state superintendent of public instruction
.

T
he

executive
director of the
Wyoming community college commission
shall
be an
ex-officio
member
and shall not have the right to vote. One (1) appointed member shall be
appointed at large and shall be
a certified classroom teacher at the time of appointment
,
.

o
ne
(1)
appointed member shall also be appointed at large and
shall be a certified school administrator at the time of appointment
,
. Two (2) appointed members shall be appointed at large

one (1) shall be a member of a board of trustees of a school district with enrollment greater than the
statewide average Wyoming school district, as computed at the time of appointment, one (1) shall be a member of a board of trustees of a school district with enrollment less than the average Wyoming school district, as computed at the time of
appointment

and
one (1)
shall be

a
representative
of private business or industry in Wyoming.
On and after March 1, 2013 and upon expiration of their respective terms, the appointments of the two (2) members previously designated to be representative of business or industry shall be at large, one (1) a representative of Wyoming private business or industry and one (1) a member of a school district board of trustees at the time of appointment. The first appointment to the term of such member which expires on or after March 1, 2013, shall be a school district board member at the time of appointment. The remaining seven (7) appointed members of the board shall be appointed from among the lay citizens of the state who are electors of the state, known for their public spirit, business or professional ability and interest in education. Not more than six (6) appointed members of the board shall be from one (1) political party.
Members shall be appointed for six (6) year terms, except those who may be appointed to fill unexpired terms.
Appointed m
embers
shall be
appointed by the governor with the approval of

confirmed by
the senate. Vacancies shall be filled by the governor without senate approval until the next session of the legislature. No member is eligible to reappointment, except any member appointed to fill an unexpired term of less than six (6) years may be reappointed for one (1) additional six (6) year term. Appointed members of the board may be removed by the governor as provided in W.S. 9
‑
1
‑
202.

(b)

As provided by subsection (a) of this section,
six (6) voting members of the state board shall be elected
for a term of four (4) years
by nonpartisan ballot at each general election pursuant to the provisions of this section and title 22 of the Wyoming statutes. One (1) member shall be elected from among the qualified elector residents of each of the following six (6) election districts:

(
i
)

State board of education district 1 which shall consist of senate legislative districts 4, 5, 6, 7 and 8
;

(ii)

State board of education district 2 which shall consist of senate legislative districts 9, 10, 11, 12 and 13
;

(iii)

State board of education district 3 which shall consist of senate legislative districts 14, 15, 16, 25 and 26;

(iv)

State
board of education district 4 which shall consist of senate legislative districts 17, 18, 19, 20 and 21
;

(v)

State board of education district 5 which shall consist of senate legislative districts 22, 27, 28, 29 and 30
;

(vi)

State
board of education district 6 which shall consist of senate legislative districts 1, 2, 3, 23 and 24.

(b)
(c)

During the first quarter of the calendar year a meeting shall be held at which a chairman shall be elected. Meetings may be held at regular intervals as
often as the duties of the board require and the board shall meet at the call of the state superintendent of public instruction or the governor or the chairman whenever in the opinion of these officials, or any of them, the need for such meeting exists.

(c)
(d)

Notwithstanding subsection (a) of this section, the superintendent of public instruction shall not participate in board deliberations on
or vote on
any matter relating to a contested case involving actions of the department of education.

Section 2.

W.S.
22
‑
2
‑
105(a)(ii)(intro),
22
‑
5
‑
206(a), 22
‑
5
‑
208(a)(
i
),
22
‑
6
‑
125(a) by creating a new paragraph (ix) and by renumbering (ix) through (xiv) as (x) through (xv)
,
22
‑
6
‑
126(b)
, 22
‑
18
‑
111(a) by creating a new paragraph (v
ii)
and 22
‑
25
‑
107(a)(ii)
are amended to read:

22
‑
2
‑
105.

Terms of office and offices voted on at general elections.

(a)

The terms of office and offices voted on at general elections are as follows:

(ii)

Four Year Term. - At the general election in 1974 and in every fourth (4th) year thereafter, there shall be elected the following officers: one (1) governor, one (1) secretary of state, one (1) state treasurer, one (1) state auditor, one (1) superintendent of public instruction, county clerks, county treasurers, county assessors, county coroners, county and prosecuting attorneys, district attorneys, sheriffs, clerks of the district court

and members of the state board of education
. At every general election there shall be elected the necessary member or members of the Wyoming senate and county commissioners. The question of retention of a circuit court judge or a magistrate of the circuit court shall be submitted:

22
‑
5
‑
206.

Where nomination applications to be filed.

(a)

Nomination applications for United States senators and representatives in congress, state offices, members of the legislature,
members
of the state board of education,

circuit court judges
,
and state district court
judges shall be filed in the office of the secretary of state.

22
‑
5
‑
208.

Filing fees; exception.

(a)

Applications shall be accompanied by the following fees:

(
i
)

Twenty-five dollars ($25.00) for the offices of state senator, state representative
,

and
district attorney
, for membership on the state board of education
and for the offices to be voted for by electors wholly within a county;

22
‑
6
‑
125.

Order of offices and ballot propositions on nonpartisan ballots.

(a)

The nonpartisan ballot shall contain the offices and ballot propositions to be voted on in the following order:

(ix)

Candidates for state board of education;

(ix)
(x)

Candidates for special district directors;

(x)
(xi)

Candidates for other offices of county subdivisions;

(xi)
(xii)

Constitutional amendments;

(xii)
(xiii)

Initiative propositions;

(xiii)
(xiv)

Referendum propositions;

(xiv)
(xv)

Other ballot propositions.

22
‑
6
‑
126.

Form of nonpartisan ballots
.

(b)

The official nonpartisan ballot for a primary election shall be so identified in the title and shall omit all references to justices of the
supreme court
, judges of the district court
,

and

circuit court judges

and members of the state board of education,
but otherwise shall be in the same form as the general election nonpartisan ballot.

22
‑
18
‑
111.

Vacancies in other offices; temporary appointments.

(a)

Any vacancy in any other elective office in the state except representative in congress or the board of trustees of a school or community college district, shall be filled by the governing body, or as otherwise provided in this section, by appointment of a temporary successor. The person appointed shall serve until a successor for the remainder of the unexpired term is elected at the next general election and takes office on the first Monday of the following January. Provided, if a vacancy in a four (4) year term of office occurs in the term's second or subsequent years after the first day for filing an application for nomination pursuant to W.S. 22
‑
5
‑
209, no election to fill the vacancy shall be held and the temporary successor appointed shall serve the remainder of the unexpired term. The following apply:

(vii)

A vacancy
of an elected state board of education member
shall be filled by the county commissioners in accordance with subparagr
aphs (iii
)(
C) and (D
) of this subsection.

22
‑
25
‑
107.

Where statements to be filed.

(a)

All statements required under this chapter shall be filed as follows:

(ii)

Any candidate for a state legislative or district judgeship office
, for
elected
membership on the state board of education
and any political action committee or candidate's campaign committee supporting or opposing such a candidate, shall file with the secretary of state;

Section 3
.

(a)

As necessary to conform with the requirements of W.S. 21
‑
2
‑
301(a), as amended by section 1 of this act, as applicable, the governor shall appoint one (1) member to the state board which, at the time of appointment, is a member of a board of trustees of a school district with enrollment either more or less than the average Wyoming school district, depending upon the enrollment of the district of that board member appointed to represent a school district board of trustees prior to the effective
date of this act. The term of the appointment under this subsection s
hall commence on January 7, 2019
.

(b)

The service of the seven (7) members appointed at large to the state board prior to the effective date of this act, who represent the lay citizens of the state who are electors of the state, known for their public spirit, business or professional ability and interest in education and who were not appointed to fulfill the requirements for a certified classroom teacher,
a
certified school
administrator
, a representative of private business or industry in Wyoming
or
a representative of a school district board of truste
es, shall terminate on January 7, 2019
.

(c)

The election of six (6) state board members as required by W.S. 21
‑
2
‑
301(
a), as amended by section 1 of this act, as applicable, shall commence with the
2018
general election

by nonpartisan ballot. The service of the elected members
shall
commence

on January 7, 2019
. Notwithstanding W.S. 21
‑
2
‑
301(
b), the initial term of the elected state board members from board of education
election districts 1, 3 and 5 shall be for a term of two (2) years.

(d)

The provisions of W.S. 21
‑
2
‑
301(
a), as amended by section 1 of this act, as applicable, shall not be implemented in a manner that affects the terms of those state board members appointed prior to the effective date of this act and
appointed at large
to represent a certified classroom teacher,
a
certified school
administrator
, a representative of private business or industry in Wyoming
or
a member of a school district school board of trustees. Any member appointed prior to the effective date of this act and serving on the effective date of this act may be reappointed if otherwise qualified for reappointment under W.S. 21
‑
2
‑
301(
a).

Section 4
.

Th
is act is effective July 1, 2015
.

(END)

1
HB0226