HLS 10RS-299 ENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 410
BY REPRESENTATIVE CARTER
SCHOOLS/BOARDS: Requires local option elections in every school district on term
limits for school board members
AN ACT1
To enact R.S. 17:60.4, relative to term limits for school board members; to require local2
option elections in every school district to determine if the district's school board3
members shall have term limits; to specify the term limitations for school board4
members if approved by the electors voting in a school district; to provide for5
applicability; to provide relative to the conduct of such elections and the costs6
thereof; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 17:60.4 is hereby enacted to read as follows:9
§60.4. School board members; term limits; local election10
A.(1) At the statewide election to be held on November 2, 2010, a11
proposition shall appear on the ballot in each school district except as provided in12
Subsection D of this Section to determine whether the members of the school board13
in that district shall have term limits.14
(2) As used in this Section, "school board" shall mean the governing15
authority of a public school district.16
B. The ballot for the election shall state as follows:17
"LOCAL OPTION ELECTION18
Within _________ (name of school district):19 HLS 10RS-299 ENGROSSED
HB NO. 410
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Shall the number of terms of office which any member of the school board1
may serve be limited to three consecutive four-year terms?"2
C. If the question of such term limitation is approved by a majority of the3
qualified electors voting on the proposition in the district, then each member of the4
school board of that district who at the end of a term of office on the board will have5
served as a member of the board for more than two and one-half terms in three6
consecutive terms, such service being during terms that began on or after January 1,7
2010, shall not be elected to the board for the succeeding term. If a majority of the8
qualified electors voting on the proposition in the district vote against such9
proposition, then no such term limitation shall apply in that district.10
D. The provisions of this Section shall not be applicable to the Recovery11
School District, the governing authority of any charter school, or in any school12
district in which school board members are limited to three consecutive terms or less13
by law enacted or pursuant to a proposition approved by the voters prior to January14
1, 2010.15
E. The secretary of state shall prepare the ballot for the election.16
F. Except as otherwise provided, the election required shall be conducted in17
accordance with the Louisiana Election Code.18
G. Notwithstanding Chapter 8-A of the Louisiana Election Code, the costs19
of the election required in this Section shall be borne by the state.20
Section 2. This Act shall become effective upon signature by the governor or, if not21
signed by the governor, upon expiration of the time for bills to become law without signature22
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If23
vetoed by the governor and subsequently approved by the legislature, this Act shall become24
effective on the day following such approval.25 HLS 10RS-299 ENGROSSED
HB NO. 410
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Carter HB No. 410
Abstract: Provides for an election in most local school districts to determine whether the
members of the school board in each respective district shall have term limits of
three consecutive four-year terms.
Proposed law provides for an election in every school district, with limited exceptions, on
Nov. 2, 2010, to determine whether the members of the school board in each district shall
have term limits. Specifies that if such term limitation is approved by a majority of the
qualified electors, then each member of the school board of that district who at the end of
his term of office will have served as a member for more than 2-½ terms in three consecutive
terms, such service being during terms that began on or after Jan. 1, 2010, shall not be
elected to the board for the succeeding term. Provides that if a majority of the qualified
electors vote against such proposition, then the term limitation shall not apply in that district.
Specifies the ballot language to be used in the election and requires the secretary of state to
prepare the ballot. Requires that the election be conducted in accordance with the La.
Election Code and provides that the costs of the election shall be borne by the state.
Provides that proposed law shall not be applicable to the Recovery School District, the
governing authority of any charter school, school districts where voters have already
approved term limits for school board members (Lafayette Parish), or school districts in
which school board members are subject to term limits by law (Jefferson Parish).
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 17:60.4)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on House and Governmental
Affairs to the original bill.
1. Rather than providing that proposed law is not applicable in school districts
where voters have already approved term limits for school boards prior to July
1, 2010, provided instead that proposed law is not applicable in school districts
in which the school board members are subject to a three-consecutive-term limit
by law enacted or pursuant to a proposition approved by the voters prior to Jan.1,
2010.