Oklahoma 2023 Regular Session

Oklahoma House Bill HB1823 Compare Versions

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29-HOUSE OF REPRESENTATIVES - FLOOR VERSION
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3128 STATE OF OKLAHOMA
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3330 1st Session of the 59th Legislature (2023)
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35-COMMITTEE SUBSTITUTE
36-FOR
37-HOUSE BILL NO. 1823 By: Conley of the House
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41- Jett of the Senate
32+HOUSE BILL 1823 By: Conley
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45-COMMITTEE SUBSTITUTE
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47-An Act relating to elections; amending 11 O.S. 2021,
48-Sections 16-103, 16-107, 16-109, 16-110, and 16-213,
49-which relate to municipal elections; modifying
50-election dates; modifying terms of office; 26 O.S.
51-2021, Sections 1-101, 1-102, 3-101, 13A-103, 13A-105,
52-and 13-101.1, which relate to the election code;
53-authorizing certain election date s as determined by
54-the legislature; modifying election dates; 70 O.S.
55-2021, Section 5-107A, 5-110.1, which relate to school
56-districts and board of edu cation; modifying terms of
57-office; removing obsolete language; modifying
58-continuing education requirements ; and providing an
59-effective date.
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38+AS INTRODUCED
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40+An Act relating to elections; creating the Elections
41+Reform Act of 2023; providing for noncodification;
42+and providing an effective date .
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6548 BE IT ENACTED BY THE PEOPLE OF T HE STATE OF OKLAHOMA:
66-SECTION 1. AMENDATORY 11 O.S. 2021, Section 16 -103, is
67-amended to read as follows:
68-Section 16-103. General municipal elections shall be held in
69-cities and towns on the first Tuesday after the first Monday in
70-April November in each odd-numbered year.
49+SECTION 1. NEW LAW A new section of law not to be
50+codified in the Oklahoma Statutes reads as follows:
51+This act shall be known and may be cited as the "Elections
52+Reform Act of 2023".
53+SECTION 2. This act shall become effective November 1, 2023.
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98-SECTION 2. AMENDATORY 11 O.S. 2021, Section 16-107, is
99-amended to read as follows:
100-Section 16-107. A primary election shall be held in cities and
101-towns on the second Tuesday of February June in each odd-numbered
102-year, at which time the several politi cal parties shall nominate
103-candidates for offices which are to be elected at the upcoming
104-general municipal elect ion.
105-SECTION 3. AMENDATORY 11 O.S. 2021, Section 16 -109, is
106-amended to read as follows:
107-Section 16-109. To be eligible to become a candidate for a
108-political party nomination in a municipality 's partisan primary
109-election, or an independent candidate in such municipality's general
110-election, a person must for at least six (6) months prior to filing
111-a declaration of candida cy be a registered voter at an address
112-within the municipality or in the ward if an office is from a ward.
113-To become a candidate, a declaration of candidacy must be filed with
114-the county election board no earlier than 8:00 a.m. on the first
115-Monday in December April and no later than 5:00 p.m. on the next
116-succeeding Wednesday, in odd-numbered years.
117-SECTION 4. AMENDATORY 11 O.S. 2021, Section 16 -110, is
118-amended to read as follows:
119-Section 16-110. A candidate may have his or her na me printed
120-upon the nonpartisan general munici pal election ballot as candidate
121-for any office to be filled at the election. To become a candidate,
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149-a declaration of candidacy must be filed with the county election
150-board no earlier than 8:00 a.m. on the first Monday in February
151-April and no later than 5:00 p.m. on the next succeeding Wednesday ,
152-in odd-numbered years. A candidate must also be a registered voter
153-at an address within the municipality, or of the ward w here the
154-office is from a ward for at least six (6) months prior to filing a
155-declaration of candidacy. Filing as a candidate in a nonpartisan
156-municipal election or voting for such candidate shall not affect
157-one's party affiliation or regularity.
158-SECTION 5. AMENDATORY 26 O.S. 2021, Section 1-101, is
159-amended to read as follows:
160-Section 1-101. A. On the first Tuesday succeed ing the first
161-Monday of November, 1976, and every four (4) years thereafter, a
162-General Election shall be held, at which time electors for President
163-and Vice President shall be elected. On said dat e, and every two
164-(2) years thereafter, United States Senato rs and United States
165-Representatives, whose terms expire before the next succeeding
166-General Election, and state, district and county officers, whose
167-terms expire before the next succeeding General Election, shall be
168-elected. No county, municipality or sch ool district shall schedule
169-an election on any date during the twenty (20) days immediately
170-preceding the date of any such General El ection.
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198-B. On the first Tuesday after the first Monday in November of
199-every odd-numbered year, and every two (2) years thereafter, a
200-General Election may be held as determined by the Legislature.
201-SECTION 6. AMENDATORY 26 O.S. 202 1, Section 1-102, is
202-amended to read as follows:
203-Section 1-102. A. A Primary Election shall be held on the last
204-Tuesday in June of each even-numbered year, at which time each
205-political party recognized by the laws of Oklahoma shall nominate
206-its candidates for the offices to be filled at the next succeeding
207-General Election, unless otherwise provided by law. No candidate 's
208-name shall be printed upon the General Election ballot unless such
209-candidate shall have been nominated as herein provided, unless
210-otherwise provided by law; provided further that this provision
211-shall not exclude the right of a nonpartisan candidate to have his
212-or her name printed upon the General Election ballots. No county,
213-municipality or school district shall schedule an election on any
214-date during the twenty (20) days immediately preceding the da te of
215-any such primary election.
216-B. On the second Tuesday of June of every odd-numbered year,
217-and every two (2) years thereafter, a Primary Election may be held
218-as determined by the Legislature.
219-SECTION 7. AMENDATORY 26 O.S. 2021 , Section 3-101, is
220-amended to read as follows:
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248-Section 3-101. A. No election required to be conducted by any
249-county election board shall be s cheduled for a day other than
250-Tuesday.
251-B. Except as otherwise provided by law, no regular or special
252-election to fill an elective office shall be held by any county,
253-school district, technology center school district, municipality,
254-fire protection distri ct or other political sub division authorized
255-to call elections except as follows:
256-1. The second Tuesday of Febru ary in any year;
257-2. The first Tuesday of April in any year;
258-3. The date of any regularly scheduled statewide state or
259-federal election in an even-numbered year;
260-4. The second Tuesday of September in an odd-numbered year;
261-5. The second first Tuesday after the first Monday of November
262-in an odd-numbered year; and
263-6. The second Tuesday of June of an odd-numbered year for a
264-special election to fill a vacancy .
265-C. Except as otherwise provided by law or by Section 1 of this
266-act Enrolled Senate Bill No. 347 of the 1st Session of the 58th
267-Oklahoma Legislature , no election for any purpose other than to fill
268-an elective office shall be held b y any county, school distric t,
269-technology center school district, municipality, fire protection
270-district or other political subdivision authorized to call elections
271-except on:
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299-1. The second Tuesday of January, February, May, June, July,
300-August, September, October and the first Tuesday after the first
301-Monday in November and the first Tuesday in March and April in odd-
302-numbered years; provided, a municipality with a population in excess
303-of two hundred fifty thousand (250,000) persons, according to the
304-most recent federal decennial census, may also hold an election on
305-the second Tuesday of December in odd-numbered years; and
306-2. The second Tuesday of January and February, the first
307-Tuesday in March and April, the last Tuesday in June, the fourth
308-Tuesday in August, and the first Tuesday after the first Mo nday in
309-November of any even-numbered year.
310-D. In the event that a regular or special election date occurs
311-on an official state holiday, the elec tion shall be scheduled for
312-the next following Tuesday. In the event that any day of a
313-candidate filing perio d occurs on a Saturday, Sunday or any official
314-state holiday, that day of the f iling period shall be scheduled for
315-the next business day.
316-E. Notwithstanding any other provision of law or any provision
317-of a municipal charter, any municipality, school distr ict,
318-technology center district, county, rural fire protection district,
319-or any other entity seeking to hold a regular or special election to
320-be conducted by a county election board on the same date as a
321-regular or special federal or state election, shall file the
322-resolution calling for the election with the county election board
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350-secretary no later than seventy-five (75) days prior to the election
351-date. A candidate filing period of three (3) days, if s o required
352-by the resolution, shall begin no later than ten (10) days following
353-the deadline to file the resolution with the secretary of the county
354-election board; provided, the filing period for such municipal
355-office may be scheduled on the same dates as the filing period for
356-state or federal office to be fi lled at such election.
357-F. Any school district, technology center district,
358-municipality, including any municipality governed by charter, rural
359-fire protection district or any other entity seeking to hold a
360-special election for the purpose of filling a vac ancy shall schedule
361-a candidate filing period of three (3) days to begin not mo re than
362-twenty (20) days following the date the resolution calling the
363-election is required to be filed with the secretary of the county
364-election board.
365-SECTION 8. AMENDATORY 26 O.S. 2021, Section 13A-103, is
366-amended to read as fo llows:
367-Section 13A-103. A. 1. The general election of members of the
368-board of education of every school district and te chnology center
369-school district shall be conduct ed on the first Tuesday of April
370-after the first Monday in November of each odd-numbered year, and
371-every two (2) years thereafter.
372-2. The primary election of members of the board of education of
373-every school district and technology c enter school district, if
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401-necessary, shall be conducted on the second Tuesday in February June
402-of each odd-numbered year, except in any year when a Presidential
403-Preferential Primary is held in February, then the election shall be
404-held on the same day as th e Presidential Preferential Primary .
405-3. If only two candidates qualify to have the ir names appear on
406-the ballot, the names of both candidates shall appear on the ballot
407-at the board of education general election.
408-4. If more than two candidates qualify to have their names
409-appear on the ballot, the names of all such candidates shall appe ar
410-on the ballot at the b oard of education primary election. A
411-candidate receiving more tha n fifty percent (50%) of the votes cast
412-in the board of education primary electio n shall be elected to the
413-office. If no candidate receives more than fifty percent (50%) of
414-the votes cast in the board of education primary election, then the
415-two candidates with the highest number of votes shall appear on the
416-ballot at the board of educ ation general election.
417-B. Elections on the question of making a levy or levies fo r
418-schools under Section 9 , Section 9B or Section 10 of Article X of
419-the Oklahoma Constitutio n shall be held on the second Tuesday in
420-February of each year, except in any yea r when a Presidential
421-Preferential Primary is held in February, then the election s hall be
422-held on the same day as the Presidential Preferential Primary.
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450-C. The board of educ ation of every school district or
451-technology center school district may call a sp ecial election for
452-the purpose of voting on any matter or question authorized by la w.
453-SECTION 9. AMENDATORY 26 O.S. 2021, Section 13A -105, is
454-amended to read as follows:
455-Section 13A-105. Candidates for member of the board of
456-education of every school district or technolog y center school
457-district shall file decl arations of candidacy in the same place and
458-with the same officials as candidates for coun ty office. The
459-declaration of candidacy to be signed by the candidate shall have a n
460-attachment to be signed by the candidate listing the requirements of
461-a candidate for election or reelectio n to a school board as set
462-forth in Sections 13A -106 and 5-105a of this title and Sections 5-
463-110, 5-110.1, and 5-113 of Title 70 of the Oklahoma Sta tutes, and
464-the candidate shall swear or aff irm that he or she is eligible to
465-run for the office or serve in the office if elected. Candidates
466-shall file on the first Monday in December April through the
467-following Wednesday, in odd-numbered years. For school districts
468-and technology center school districts located in more than one
469-county, filing may be either in the county wherein supervision of
470-the district is located or in the county where the candidate
471-resides.
472-SECTION 10. AMENDATORY 26 O.S. 2021, Section 13 -101.1,
473-is amended to read as follows:
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501-Section 13-101.1 No county election bo ard shall be required to
502-conduct elections for any municipality on a date other than an
503-election date identified in subsection B of Section 3 -101 of this
504-title. Municipalities that hold both primary and general elections,
505-in addition to scheduling electio ns on dates identified in Section
506-Sections 1-101, 1-102, 3-101, 13A-103, and 13-101.1 of this title,
507-shall provide no fewer than thirty -five (35) days between the
508-primary and general electio ns.
509-SECTION 11. AMENDATORY 70 O.S. 2021, Section 5-107A, is
510-amended to read as follows:
511-Section 5-107A. The following provisions and the provisions of
512-Section 13A-101 et seq. of Title 26 of the Oklahoma Statutes shall
513-govern the election of membe rs of the board of educat ion for a
514-school district:
515-A. For purposes of this section, temporary positions added to a
516-board of education pursuant to Section 7 -101 or 7-105 of this title
517-and the chair of the board of education elected pursuant to Section
518-1 5-107B of this act title shall not be considered in determining
519-the size of the board. The number and term of each b oard of
520-education shall be as follows:
521-District Members Term (Years)
522-Elementary 3 3 4
523-Independent
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551-1. Districts having a five -member
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553-2. Districts having a seven-
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556-pursuant to subsection C of
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558-B. In all school districts, the members of the board of
559-education shall be elected as follows:
560-1. a. Between August 1 and December 31 of the year following
561-the submission by the United States Department of
562-Commerce to the President of the United S tates of the
563-official Federal Decennial Census, the board of
564-education shall reapportion the territory of the
565-school district into board distr icts. Beginning with
566-the reapportionment following the 1990 Federal
567-Decennial Census, all boundaries of board dis tricts
568-shall follow clearly visible, definable and observable
569-physical boundaries which are based upon criteria
570-established and recognized by the Bureau of the Census
571-of the United States Department of Commerce for
572-purposes of defining census blocks for it s decennial
573-census and shall follow, as much as is possible,
574-precinct boundaries. Board districts shall be
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602-compact, contiguous and shall be a s equal in
603-population as practical with not more than a ten
604-percent (10%) variance between the most populous and
605-least populous board districts.
606-b. School districts having fewer than one thousand eight
607-hundred (1,800) students in average daily membership
608-during the preceding school year may choo se not to
609-establish board districts and may nominate and elect
610-all board members at large.
611-c. Elementary school districts shall have board members
612-elected at large.
613-d. A city located in an independent school district
614-having four or more wards and an outlyi ng area with
615-such outlying area comprising no more than twenty
616-percent (20%) of the population of such independent
617-school district, then such independent school district
618-may adopt such wards and outlying area in lieu of the
619-board districts provided for in subparagraph a of this
620-paragraph, and at least one member of the board of
621-education of such independent school district shall be
622-a member of each ward; and
623-2. One member of the board of education shall be elected by the
624-electors of the school district to represent each such board
625-district. Provided, however, that in any school district where the
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653-electors of each board district, rather than the electors of the
654-entire school district, elect board members to represent that board
655-district, that district shall elect board members in that manner.
656-If during the term of office to which a person was elected, that
657-member ceases to be a resident of the board district for which the
658-person was elected, the office shall become vac ant and such vacancy
659-shall be filled as provided in Section 13A-110 of Title 26 of the
660-Oklahoma Statutes; and
661-3. In a school district having more than ten thousand (10,000)
662-children in average daily membership, the following provision and
663-the provisions of Section 13A-101 et seq. of Title 26 of the
664-Oklahoma Statutes shall control as to election of the members of the
665-school district's board of education:
666-a. There shall be held an election in which the electors
667-of each board district in which a term is expir ing or
668-in which a vacancy exists shall s elect two candidates
669-from among the candidates for board member to
670-represent the board district,
671-b. If, in the election, one candidate has a majority of
672-all votes cast, then a run -off election is not
673-required. If no candidate receives a majority of all
674-votes cast, then the two candidates receiving the
675-greatest number of votes s hall become the candidates
676-for the board district in the general election, and
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704-c. At the run-off election, all of the electors of the
705-board district shall select one of the two candi dates
706-as the member of the board of education representing
707-the board district.
708-C. Any seven-member board shall have the option of reducing its
709-board to a five-member board either after approval of a board
710-resolution or a vote of the electors of the school district to take
711-such action pursuant to Section 13A -109 of Title 26 of t he Oklahoma
712-Statutes. The election pursuant to a vote of the electors of the
713-school district shall be called upon the submission of a petitio n
714-requesting the election signed by ten percent (10%) of the school
715-district electors in the school district, the percentage being
716-applied to the highest number of voters voting in a regular school
717-district election in the district in the preceding five (5 ) years as
718-determined by the secretary o f the county election board, who shall
719-certify the adequacy of the number of signatures on the petition.
720-If the question is put before the voters of the district, such
721-election shall be held along with and at the sa me time and place as
722-the next school election if all requirements of Section 13A -101 et
723-seq. of Title 26 of the Ok lahoma Statutes for such election are met.
724-After such resolution or election, the board shall reapportion
725-the district, determining by resolut ion or by lot which board member
726-offices shall be abolished at the end of the current board member's
727-term and which shall become one of the offices of the new board.
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755-Election of the resulting board members shall be carried out
756-according to procedures state d in this section and Section 13A -101
757-et seq. of Title 26 of the Oklahoma Statutes.
758-School board members currently serving in offices abolished
759-pursuant to this subsection shall continue serving until the end of
760-their current terms as at -large members.
761-D. Except for the chair of the board of ed ucation elected
762-pursuant to Section 1 of this act, offices of members of t he board
763-of education shall be designated by consecutive numbers and shall
764-correspond with board districts when applicable.
765-E. Except for those members elected prior to July 1, 1992, the
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767-1. The terms of office of the members o f a five-member board of
768-education shall be staggered and commence on the first regular,
769-special or emergency school board meeting after the date o f the
770-annual school election and after the member has been certified as
771-elected as follows:
772-Office No. 1 1991 2025
773-Office No. 2 1992 2025
774-Office No. 3 1993 2027
775-Office No. 4 1994 2027
776-Office No. 5 1995 2029
777-2. The terms of office of the members of a seven -member board
778-of education shall be staggered, with one member being elected in
779-
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806-1991 , two members being elected in 1992 two members being elected
807-in 1993 and two members being elected in 1994 and shall commence on
808-the first regular, special or emergency s chool board meeting after
809-the date of the annual school election and after the member has been
810-certified as elected ; provided, in districts needing to elect two
811-members in 1991 to maintain a full complement of board members, two
812-members shall be elected in 1991, one for a full term a nd one for a
813-one-year term, as determ ined by the local board. as follows:
814-Office No. 1 2025
815-Office No. 2 2025
816-Office No. 3 2027
817-Office No. 4 2027
818-Office No. 5 2027
819-Office No. 6 2029
820-Office No. 7 2029
821-If a seven-member board is formed upon consolidation pursuant to
822-Section 7-105 of this title, or upon annexation pursuant to Section
823-7-101 of this title, the f ormation agreement shall specify initial
824-short terms as necessary to extend until the beginning of the
825-regular terms for seven-member boards established herein.
826-Upon reduction of a seven -member board pursuant to subsection C
827-of this section, the terms of t he five-member board shall be
828-staggered pursuant to this subsection.
829-
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856-One member of a three -member board of education shall be elected
857-each year, and the terms of office shall commence on the first
858-regular, special or emergency school board meeting after th e member
859-has been certified as elected.
860-3. The terms of office of the members of a three-member board
861-of education shall be staggered, and commence on the first regular,
862-special or emergency school board meeting after the date of the
863-annual school election and after the member has been certified as
864-elected as follows:
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867-Office No. 3 2029
868-F. The term of office of each board member elected after July
869-1, 1992 2024, shall commence on the first regular, special or
870-emergency school board meeting after the date of the annual school
871-election and after the member has been certified as electe d. Board
872-members elected prior to July 1, 1992 2024, may remain in office
873-until their successor is elected an d seated pursuant to Sections
874-13A-101 through 13A-111 of Title 26 of the Oklahoma Statutes. The
875-remaining term of any member who completes the te rm for which the
876-member was elected but not wishing to serve until the succes sor of
877-the member takes office on the first regular, special or em ergency
878-school board meeting after the successor has been certified as
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906-elected, shall be filled by appointment by the remaining members of
907-the board of education.
908-SECTION 12. AMENDATORY 70 O.S. 2021, Section 5 -110.1, is
909-amended to read as follows:
910-Section 5-110.1 A. In addition to the requirements of Section
911-5-110 of this title, every membe r of a school district board of
912-education elected to a full term of office of five (5) years or more
913-shall be required to attend a minimum of fifteen (15) hours of
914-continuing education , each member elected to a full four-year term
915-of office shall be requir ed to attend a minimum of twelve (12) hours
916-of continuing education, and each member elected to a full three -
917-year term of office shall be required to attend a minimum of nine
918-(9) hours of continuing education, prior to the date set for filing
919-for reelection to that respective board seat. The continuing
920-education courses, workshops , seminars, conferences, and conven tions
921-which shall satisfy the continuing education requirement shall be
922-approved jointly by the State D epartment of Education and the
923-Oklahoma Department of Career and Technology Education.
924-B. Local and state continuing education programs conducted
925-pursuant to the provisions of this section shall be held in all
926-regions of the state at institutions of highe r learning, area
927-technology centers or ot her approved sites. Notice of such courses
928-and seminars shall be provided to all school board members and to
929-the public schools.
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957-C. This section shall not apply to those school board members
958-who file for reelectio n prior to July 1, 1991.
959-D. If a school board member has not satisfied the continuing
960-education requirements of this section, the school district board of
961-education shall declare the seat of the member vacant within sixty
962-(60) days of the final date that the member has to complete the
963-requirements as indicated by receipt of the certified notice from
964-the State Board of Ed ucation as provided for pursuant to Section 5-
965-110.2 of this title and shall fill the vacancy according to law. As
966-determined by the State Board of Education pursuant to Section 5 -
967-110.2 of this title, failure by a board member to satisfy the
968-continuing education requirements of this section shall result in
969-the ineligibility of the member to be reappointed to, run for
970-reelection to or to hold that respective board seat on the school
971-district board of education or to run for election to or to hold any
972-other board seat on the board of education for a two-year period.
973-E. D. The State Department of Education, the Oklahoma
974-Department of Career and Technology Education, and any organizati on
975-approved by the State Board of Education, including but not limited
976-to institutions of higher education, may cha rge persons attending
977-continuing education courses a registration fee sufficient to defray
978-the estimated costs of presenting the course. The registration fees
979-for each course shall be announced prior to the date of su ch course.
980-
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1007-F. E. Any member of a school district board of education who
1008-attends and completes a course which satisfies in part or in full
1009-the requirements of this section shall b e reimbursed by the school
1010-district for expenses incurred. In addition, a sc hool district
1011-board of education may reim burse members of the board of education
1012-for expenses incurred in registering and attending board member
1013-training programs or activities ap proved by the board which are in
1014-addition to the minimum school board trainin g requirements
1015-established by law.
1016-SECTION 13. This act shall become effective November 1, 2024.
1017-
1018-COMMITTEE REPORT BY: COMMITTEE ON ELECTIONS AND ETHICS, dated
1019-03/01/2023 - DO PASS, As Amended and Coauthored.
55+59-1-6721 LRB 01/11/23