SB 86
Creates new provisions prohibiting the use of public funds to influence elections
Sponsor:
LR Number:
0831H.03C
Last Action:
5/7/2021 - H Calendar Senate Bills for Third Reading w/HCS
Journal Page:
Title:
HCS SB 86
Calendar Position:
Effective Date:
August 28, 2021
House Handler:

Current Bill Summary

HCS/SB 86 - This act prohibits the contribution or expenditure of public funds by any school district or by any officer, employee, or agent of any school district:

• To support or oppose the nomination or election of any candidate for public office;

• To support or oppose the passage or defeat of any ballot measure;

• To any committee supporting or opposing candidates or ballot measures; or

• To pay debts or obligations of any candidate or committee previously incurred for the above purposes.

The act additionally prohibits the contribution or expenditure of public funds by any officer, employee, or agent of any political subdivision to pay debts or obligations of any candidate or committee previously incurred for the purposes described above.

Any purposeful violation of this act is punishable as a class four election offense.

Furthermore, no candidate for public office shall accept, spend, or authorize the expenditure of any local, state, or federal public funds for the candidate's election or campaign expenses, or to pay the debts or obligations of any committee.

This provision is substantially similar to a provision in SS#2/SCS/HCS/HB 1854 (2020), which was vetoed by the Governor, and similar to SB 802 (2020).

The act authorizes the registered voters of any school district to file a petition with the district's school board to ask them to place an item on the board's agenda and take vote thereon. Such a petition must be signed by at least 5% of the registered voters in the school district who voted in the most recent school board election. Items that may be presented to the board by petition include, but are not limited to, the following:

· Implementing, changing, or repealing a board policy;

· Modifying or reversing an action by school administration or requesting that certain actions be taken by school administration; and

· Modifying the school calendar.

The same item may not be submitted to the board more than once every 6 months.

This provision is identical to a provision in HS/HCS/HB 441 (2021) and substantially similar to a provision in HCS/HB 108 (2021) and a provision in HCS/HB 320 (2021).

This act moreover establishes a recall procedure for local school board members.

A recall election shall be held upon the submission of a petition signed by at least 25% of the number of registered votes who voted in the most recent school board election. Recall proceedings shall not be commenced against any member during the first 90 or last 180 days of the member's term or against any member who has had a recall election decided in their favor during the term.

Recall proceedings shall commence by filing a notice of intention to circulate a recall petition, as described in the act, with the school district's election authority. The notice of intention shall include the grounds for recall.

The election authority shall certify the notice of intention so long as it meets the act's requirements and shall notify the school district administration, school board, and the board member. The board member may file a statement in answer, as described in the act.

After notifying the petition filer that the petition has been certified as sufficient, the petitioner may begin gathering signatures. If the requisite number of signatures are gathered, the election authority shall order the question to be submitted to the voters on an election day as described in the act. If no election day will be held prior to the expiration of the board member's term, the board member shall serve the rest of his or her term.

If a majority of voters are in favor of recall, the resulting vacancy shall be filled as provided in existing law for premature vacancies in the district, unless the recall question was submitted in an April election for new school board members, in which case the vacancy shall be filled by the first runner-up in the election for new members.

A recalled school board member shall not fill the vacancy created by the recall, but he or she may seek future reelection.

This provision is identical to a provision in HCS/HB 229 (2021).

SCOTT SVAGERA

Amendments

No Amendments Found.