Oklahoma 2023 Regular Session

Oklahoma House Bill HB1372 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	ENGR. H. B. NO. 1372 Page 1 1
	3	+	HB1372 HFLR Page 1
	4	+	BOLD FACE denotes Committee Amendments. 1
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28		-	ENGROSSED HOUSE
29		-	BILL NO. 1372 By: West (Tammy) of the House
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
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31		-	~~and~~
	31	+	STATE OF OKLAHOMA
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33		-	Gollihare of the Senate
	33	+	1st Session of the 59th Legislature (2023)
	34	+
	35	+	COMMITTEE SUBSTITUTE
	36	+	FOR
	37	+	HOUSE BILL NO. 1372 By: West (Tammy)
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	43	+	COMMITTEE SUBSTITUTE
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40	45		An Act relating to elections; amending 26 O.S. 2021,
41	46		Section 13A-103, which relates to dates of board of
42	47		education elections; directing members to be seated
43	48		at the first meeting followi ng the April election
44	49		date; amending 70 O.S. 2021, Section 5-119, which
45	50		relates to the election of board of education
46	51		officers; directing such election to take place at
47	52		certain meeting; updating statutory refer ence;
48	53		providing an effective date; and declaring an
49	54		emergency.
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54	59		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
55	60		SECTION 1. AMENDATORY 26 O.S. 2021, Section 13A -103, is
56	61		amended to read as follows:
57	62		Section 13A-103. A. 1. The general election of members of t he
58	63		board of education of every s chool district and technology center
59	64		school district shall be conducted on the first Tuesday of April of
60	65		each year.
61	66		2. The primary election of members of the board of educatio n of
62	67		every school district and technology center school district, if
63		-	necessary, shall be conducted on the second Tuesday in February of
64		-	each year, except in any year when a Presidential Preferential
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66		-	ENGR. H. B. NO. 1372 Page 2 1
	69	+	HB1372 HFLR Page 2
	70	+	BOLD FACE denotes Committee Amendments. 1
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	95	+	necessary, shall be conducted on the second Tuesday in February of
	96	+	each year, except in any year when a Presidential Preferential
91	97		Primary is held in February, then the election shall be h eld on the
92	98		same day as the Presidential Preferen tial Primary.
93	99		3. If only two candidates qualify to have their names appear on
94	100		the ballot, the names of both candidates shall appear on the ballot
95	101		at the board of education general election.
96	102		4. If more than two candidates qualify to have their names
97	103		appear on the ballot, the names of al l such candidates shall appear
98	104		on the ballot at the board of education p rimary election. A
99	105		candidate receiving more than fifty p ercent (50%) of the votes cast
100	106		in the board of education primary election shall be elected to t he
101	107		office and shall be seated at the first meeting following the April
102	108		election date and certification. If no candidate receives more than
103	109		fifty percent (50%) of the votes cast in the board of education
104	110		primary election, then the two candidates with the highest number of
105	111		votes shall appear on the ballot at the board of education general
106	112		election.
107	113		B. Elections on the question of making a levy or levies for
108	114		schools under Section 9, Section 9B or Section 10 of Article X of
109	115		the Oklahoma Constitution shall be held on the second Tuesday in
110	116		February of each yea r, except in any year when a Presidential
111	117		Preferential Primary is held in February, then the election shall be
112	118		held on the same day as the Presidential Preferential Primary.
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114		-	ENGR. H. B. NO. 1372 Page 3 1
	120	+	HB1372 HFLR Page 3
	121	+	BOLD FACE denotes Committee Amendments. 1
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139	146		C. The board of education of every school distric t or
140	147		technology center school di strict may call a special election for
141	148		the purpose of voting on any matter or question authorized by law.
142	149		SECTION 2. AMENDATORY 70 O.S. 2021, Section 5 -119, is
143	150		amended to read as follows:
144	151		Section 5-119. A. Except for districts t hat elect a chair of
145	152		the board pursuant to Section 1 of this act 5-107B of this title,
146	153		the board of education of eac h school district shall elect f rom its
147	154		membership at the fi rst regular, special or emergency meeting
148	155		following the annual April school election date and certification of
149	156		election of new members, a president and vice president, each of
150	157		whom shall serve for a term of one (1) year and unti l a successor is
151	158		elected and qualified. The board shall also elect a clerk a nd, in
152	159		its discretion, a deputy clerk, either of whom may be one of the
153	160		members of the board, and each of whom shall hold office during the
154	161		pleasure of the board and each of whom shall receive such
155	162		compensation for ser vices as the board may allow. If the board
156	163		elects a board clerk who i s not one of the members of the board, the
157	164		board clerk may also be employed as the encumbrance clerk and minute
158	165		clerk. Provided, no superintendent , principal, treasurer or
159	166		assistant treasurer, instructor, or teacher employe d by such board
160	167		shall be elected or serve as clerk or deputy clerk of the board nor
161	168		as encumbrance clerk or minute clerk except that a treasurer or
162	169		assistant treasurer may serve a s a minute clerk. No board member
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164		-	ENGR. H. B. NO. 1372 Page 4 1
	171	+	HB1372 HFLR Page 4
	172	+	BOLD FACE denotes Committee Amendments. 1
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189	197		shall serve as encumbrance clerk or minute clerk. The deputy clerk
190	198		may perform any of the duties and exercise any of the powers of the
191	199		clerk with the same force and effect as if the same we re done or
192	200		performed by the cle rk. Before entering upon the discharge of the
193	201		duties of the deputy clerk, th e deputy clerk shall give a bond in a
194	202		sum of not less than One Thousand Dollars ($1,00 0.00) with good and
195	203		sufficient sureties to be approved by the board conditioned for the
196	204		faithful performance of the duties of the de puty clerk.
197	205		B. The board of education shall employ an encumbrance cle rk and
198	206		minute clerk, both functions of which may be pe rformed by the same
199	207		employee. The encumbrance clerk shall kee p the books and documents
200	208		of the school district and perform such othe r duties as the board of
201	209		education or its committees may require. The minute clerk shall
202	210		keep an accurate journal of the pr oceedings of the board of
203	211		education and perform such other dut ies as the board of education o r
204	212		its committees may require. The boar d of education may designate a
205	213		deputy minute clerk. The deputy minute clerk may perform any of the
206	214		duties and exercise any of the powers of the minute clerk with the
207	215		same force and effect as if the same were done or performed by the
208	216		minute clerk. Before entering upon the discharge of the dut ies of
209	217		the deputy minute clerk, the deputy minute clerk shall give a bond
210	218		in a sum of not less than One Thousand Dollars ($1,000.00) with good
211	219		and sufficient sureties to be approv ed by the board conditioned for
212	220		the faithful performance of the duties of the deputy minute clerk.
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214		-	ENGR. H. B. NO. 1372 Page 5 1
	222	+	HB1372 HFLR Page 5
	223	+	BOLD FACE denotes Committee Amendments. 1
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239	248		Before entering upon the discharge of their duties, the encumbr ance
240	249		clerk and minute clerk shall each give a bond in a sum of not less
241	250		than One Thousand Dol lars ($1,000.00) with good and sufficie nt
242	251		sureties to be approved by the boar d conditioned for the faithful
243	252		performance of their duties. If both functions are per formed by the
244	253		same person only one bond in a sum of not less t han One Thousand
245	254		Dollars ($1,000.00) shall be required.
246	255		SECTION 3. This act shall become ef fective July 1, 2023.
247	256		SECTION 4. It being immediately necessary for t he preservation
248	257		of the public peace, health or safety, an emergency is hereby
249	258		declared to exist, by reason whereof thi s act shall take effect and
250	259		be in full force from an d after its passage and approval.
251		-	Passed the House of Representatives the 13th day of March, 2023.
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256		-	Presiding Officer of the House
257		-	of Representatives
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260		-	Passed the Senate the ___ day of __________, 2023.
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265		-	Presiding Officer of the Senate
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	261	+	COMMITTEE REPORT BY: COMMITTEE ON ELECTIONS AND ETHICS, dated
	262	+	02/22/2023 - DO PASS, As Amended.