MISSISSIPPI LEGISLATURE
2004 Regular Session
To: Education; Apportionment and Elections
By: Representative Chism
AN ACT TO AMEND SECTION 37-7-203, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE MEMBERS OF THE BOARDS OF TRUSTEES OF MUNICIPAL SEPARATE SCHOOL DISTRICTS SHALL BE ELECTED FROM SPECIAL TRUSTEE ELECTION DISTRICTS BY THE QUALIFIED ELECTORS OF THOSE DISTRICTS; TO PROVIDE THAT THE ELECTION SHALL BE HELD EVERY FOUR YEARS IN THE SAME MANNER AND AT THE SAME TIME AS ELECTIONS ARE HELD FOR OTHER MUNICIPAL OFFICERS; TO AMEND SECTION 37-7-703, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE MEMBERS OF THE BOARDS OF TRUSTEES OF SPECIAL MUNICIPAL SEPARATE SCHOOL DISTRICTS THAT INCLUDE THE ENTIRE COUNTY SHALL BE ELECTED IN THE SAME MANNER AS TRUSTEES OF MUNICIPAL SEPARATE SCHOOL DISTRICTS AT THE SAME TIME AS GENERAL STATE AND COUNTY ELECTIONS ARE HELD; TO AMEND SECTION 37-7-713, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE ELECTION OF MEMBERS OF THE BOARDS OF TRUSTEES OF SPECIAL MUNICIPAL SEPARATE SCHOOL DISTRICTS IN THE SAME MANNER AND AT THE SAME TIME AS MUNICIPAL ELECTIONS AND TO ESTABLISH A TERM OF FOUR YEARS FOR THAT OFFICE; TO REPEAL SECTIONS 37-7-204, 37-7-209 AND 37-7-213 THROUGH 37-7-219, MISSISSIPPI CODE OF 1972, WHICH PROVIDE CERTAIN METHODS FOR ELECTING TRUSTEES OF MUNICIPAL SEPARATE SCHOOL DISTRICTS FROM ADDED TERRITORY; TO REPEAL SECTIONS 37-7-705, 37-7-707, 37-7-709, 37-7-711, 37-7-715 AND 37-7-717, MISSISSIPPI CODE OF 1972, WHICH PROVIDE CERTAIN METHODS FOR SELECTING TRUSTEES OF SPECIAL MUNICIPAL SEPARATE SCHOOL DISTRICTS; TO AMEND SECTION 37-5-61, MISSISSIPPI CODE OF 1972, TO DELETE THE PROVISION OF LAW THAT PROVIDES THAT COUNTY SUPERINTENDENTS OF EDUCATION SHALL BE ELECTED IN THE SAME MANNER AND TIME AS OTHER COUNTY OFFICERS AND FOR A TERM OF FOUR YEARS; TO AMEND SECTION 37-9-13, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE APPOINTMENT OF ALL SUPERINTENDENTS OF SCHOOLS FROM AND AFTER JANUARY 1, 2008; TO AMEND SECTION 37-9-25, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; TO REPEAL SECTION 37-9-12, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR A REFERENDUM ON THE QUESTION OF RETAINING THE ELECTIVE METHOD OF CHOOSING THE COUNTY SUPERINTENDENT OF EDUCATION; TO REPEAL, FROM AND AFTER JANUARY 1, 2008, SECTIONS 37-5-63 THROUGH 37-5-75, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE ELECTION OF COUNTY SUPERINTENDENTS OF EDUCATION; TO AMEND SECTION 23-15-297, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-7-203, Mississippi Code of 1972, is amended as follows:
37-7-203. (1) The boards of trustees of all municipal separate school districts created under the provisions of Article 1 of this chapter, either with or without added territory, shall consist of five (5) members. On the first Tuesday after the first Monday in June 2005, and every four (4) years thereafter, an election shall be held in each municipal separate school district in this state, in the same manner and at the same time as the regular municipal elections are held, for the purpose of electing the members of the boards of trustees established under the provisions of this article. All members of the boards of trustees as constituted in this section shall take office on the first Monday of July following the date of their election and shall serve for a term of four (4) years. The five (5) members of the board of trustees shall be elected from trustee election districts by the qualified electors of the district, as provided in this section. The governing authorities of the municipality shall apportion the municipal separate school district, including added territory, into five (5) trustee election districts as nearly equal as possible according to population, incumbency and other factors pronounced by the courts before the effective date of House Bill No. ____, 2004 Regular Session. The municipal governing authorities shall place upon their minutes the boundaries determined for the five (5) new trustee election districts. The municipal governing authorities shall thereafter publish the same in a newspaper having general circulation within the school district for at least three (3) consecutive weeks; and after having given notice of publication and recording the same upon the minutes of the municipal governing authorities, the new district lines shall be effective thereafter. The term of each incumbent trustee serving on the date that House Bill No. ____, 2004 Regular Session, becomes effective that otherwise would expire after the first Monday of July 2005, shall expire on the first Monday of July 2005. Each incumbent trustee whose term expires after the effective date of House Bill No. ____, 2004 Regular Session, but before the first Monday of July 2005 shall continue to serve for the remainder of the unexpired term, at which time the vacancy shall be filled in the manner provided by subsection (2) of this section.
(2) Vacancies in the membership of the board of trustees of any municipal separate school district shall be filled by appointment, within sixty (60) days after the vacancy occurs, by the governing authorities of the municipality. The appointee shall be selected from the qualified electors of the district in which the vacancy occurs. The president of the municipal governing authorities shall certify to the Secretary of State the fact of the appointment, and the Governor shall commission the person appointed. If the unexpired term is longer than six (6) months, the appointee shall serve until a successor is elected as provided in this section, unless the vacancy occurs ninety (90) or fewer days before the general election in a year in which an election would normally be held for that office as provided by law, in which case the person appointed shall serve the unexpired portion of the term. The vacancies shall be filled for the unexpired term by the qualified electors at the next regular special election day occurring more than ninety (90) days after the occurrence of the vacancy. The president of the municipal governing authorities, within ten (10) days after the occurrence of the vacancy, shall make an order, in writing, directed to the commissioners of election, directing an election to be held on the next regular special election day to fill the vacancy. The election commissioners shall require each candidate to qualify at least sixty (60) days before the date of the election, and shall give a certificate of election to the person elected, and shall return to the Secretary of State a copy of the order of holding the election and the results of the election, certified by the president of the municipal governing authorities. The Governor shall commission the person elected. The election shall be held in the same manner provided for other municipal office vacancies.
However, where only one (1) person has qualified with the commissioners of election to be a candidate within the time provided by law, the commissioners of election shall certify to the municipal governing authorities that there is only one (1) candidate. The municipal governing authorities shall dispense with the election and shall appoint the certified candidate to fill the unexpired term. The president of the municipal governing authorities shall certify to the Secretary of State the candidate so appointed to serve in the office and the Governor shall commission the candidate. If no person has qualified at least sixty (60) days before the date of the election, the commissioners of election shall certify that fact to the municipal governing authorities, which shall dispense with the election and fill the vacancy by appointment. The president of the municipal governing authorities shall certify to the Secretary of State the fact of the appointment, and the Governor shall commission the appointed person.
SECTION 2. Section 37-7-703, Mississippi Code of 1972, is amended as follows:
37-7-703. The boards of trustees of all * * * special municipal separate school districts which embrace the entire county regardless of whether a majority of the inhabitants of the county reside within or outside the corporate limits of the municipality, shall consist of five (5) members. On the first Tuesday after the first Monday in November 2007 and every four (4) years thereafter, an election shall be held in the same manner and at the same time as general state and county elections are held and conducted, for the purpose of electing the members of the boards of trustees in all special municipal separate school districts that embrace the entire county. All members of the boards of trustees of special municipal separate school districts as constituted in this section shall take office on the first Monday of January following the date of their election and shall serve for a term of four (4) years. Vacancies in the membership of the board of trustees of any special municipal separate school district shall be filled in the manner provided in subsection (2) of Section 37-7-203. The five (5) members of the board of trustees shall be elected from trustee election districts by the qualified electors of the district, as provided in this section. The governing authorities of the municipality shall apportion the municipal separate school district, including added territory, into five (5) trustee election districts as nearly equal as possible according to population, incumbency and other factors pronounced by the courts before the effective date of House Bill No. ____, 2004 Regular Session. The municipal governing authorities shall place upon their minutes the boundaries determined for the five (5) new trustee election districts. The municipal governing authorities shall thereafter publish the same in a newspaper having general circulation within the school district for at least three (3) consecutive weeks; and after having given notice of publication and recording the same upon the minutes of the municipal governing authorities, the new district lines shall be effective thereafter. The term of each incumbent trustee serving on the date that House Bill No. ____, 2004 Regular Session, becomes effective that otherwise would expire after the first Monday of January 2008, shall expire on the first Monday of January 2008. Each incumbent trustee whose term expires after the first Monday of January 2005 but before the first Monday of January 2008 shall continue to serve for the remainder of the unexpired term, at which time the vacancy shall be filled in the manner provided in subsection (2) of Section 37-7-203.
SECTION 3. Section 37-7-713, Mississippi Code of 1972, is amended as follows:
37-7-713. (1) In all special municipal separate school districts where the district embraces less than the entire area of the county and where the majority of the educable children of such district reside outside the limits of the municipality, * * * the * * * special municipal separate school district shall be governed by a board of trustees consisting of five (5) members, to be elected by the qualified electors of such municipal separate school district * * * in the manner provided by this section. On the first Tuesday after the first Monday in June 2005, and every four (4) years thereafter, an election shall be held in each special municipal separate school district as constituted in this section, in the same manner and at the same time as the regular municipal elections are held and conducted, for the purpose of electing the members of the boards of trustees established under the provisions of this section. All members of the boards of trustees as constituted in this section shall take office on the first Monday of July following the date of their election and shall serve for a term of four (4) years. The five (5) members of the board of trustees shall be elected from trustee election districts by the qualified electors of the district, as provided in this section. The governing authorities of the municipality shall apportion the special municipal separate school district into five (5) special trustee election districts as nearly equal as possible according to population, incumbency and other factors pronounced by the courts before the effective date of House Bill No. ____ญญ, 2004 Regular Session. The municipal governing authorities shall place upon their minutes the boundaries determined for the five (5) new trustee election districts. The municipal governing authorities shall thereafter publish the same in a newspaper having general circulation within the school district for at least three (3) consecutive weeks; and after having given notice of publication and recording the same upon the minutes of the municipal governing authorities, the new district lines shall be effective thereafter. The term of each incumbent trustee serving on the date that House Bill No. ____, 2004 Regular Session, becomes effective that otherwise would expire after the first Monday of July 2005, shall expire on the first Monday of July 2005. Each incumbent trustee whose term expires after the effective date of House Bill No. ____, 2004 Regular Session, but before the first Monday of July 2005 shall continue to serve for the remainder of the unexpired term, at which time the vacancy shall be filled in the manner provided by subsection (2) of Section 37-7-203.
(2) Vacancies in the membership of the board of trustees of any special municipal separate school district as constituted in this section shall be filled in the manner provided by subsection (2) of Section 37-7-203.
SECTION 4. Sections 37-7-204, 37-7-209, 37-7-213, 37-7-215, 37-7-217 and 37-7-219, Mississippi Code of 1972, which provide certain methods for electing trustees of municipal separate school districts from added territory, are repealed.
SECTION 5. Sections 37-7-705, 37-7-707, 37-7-709, 37-7-711, 37-7-715 and 37-7-717, Mississippi Code of 1972, which provide certain methods for selecting trustees of special municipal separate school districts, are repealed.
SECTION 6. Section 37-5-61, Mississippi Code of 1972, is amended as follows:
37-5-61. (1) There shall be a county superintendent of education in each county.
(2) The superintendent shall serve as the executive secretary of the county board of education, but shall have no vote in the proceedings before the board and no voice in fixing the policies thereof.
(3) In addition, the superintendent shall be the director of all schools in the county outside the municipal separate school districts.
* * *
SECTION 7. Section 37-9-13, Mississippi Code of 1972, is amended as follows:
37-9-13. (1) From and after January 1, 2008, in all public school districts, the school board, on or before January 15 of each year, shall appoint the superintendent of schools of the district.
(2) No person shall be eligible to the office of superintendent of schools unless such person shall hold a valid administrator's license by the State Department of Education and shall have had not less than four (4) years of classroom or administrative experience.
SECTION 8. Section 37-9-25, Mississippi Code of 1972, is amended as follows:
37-9-25. The school board shall have the power and authority, in its discretion, to employ the superintendent * * * for not exceeding four (4) scholastic years and the principals or licensed employees for not exceeding three (3) scholastic years. In such case, contracts shall be entered into with such superintendents, principals and licensed employees for the number of years for which they have been employed. All such contracts with licensed employees shall for the years after the first year thereof be subject to the contingency that the licensed employee may be released if, during the life of the contract, the average daily attendance should decrease from that existing during the previous year and thus necessitate a reduction in the number of licensed employees during any year after the first year of the contract. However, in all such cases the licensed employee must be released before July 1 or at least thirty (30) days prior to the beginning of the school term, whichever date should occur earlier. The salary to be paid for the years after the first year of such contract shall be subject to revision, either upward or downward, in the event of an increase or decrease in the funds available for the payment thereof, but, unless such salary is revised prior to the beginning of a school year, it shall remain for such school year at the amount fixed in such contract. However, where school district funds, other than adequate education program funds, are available during the school year in excess of the amount anticipated at the beginning of the school year the salary to be paid for such year may be increased to the extent that such additional funds are available and nothing herein shall be construed to prohibit same.
SECTION 9. Section 37-9-12, Mississippi Code of 1972, which provides for a referendum on the question of retaining the elective method of choosing the county superintendent of education, isrepealed.
SECTION 10. Sections 37-5-63, 37-5-65, 37-5-67, 37-5-69, 37-5-71 and 37-5-75, Mississippi Code of 1972, which provide for the election of county superintendents of education, are repealed from and after January 1, 2008.
SECTION 11. Section 23-15-297, Mississippi Code of 1972, is amended as follows:
23-15-297. All candidates upon entering the race for party nominations for office shall first pay to the proper officer as provided for in Section 23-15-299 for each primary election the following amounts:
(a) Candidates for Governor not to exceed Three Hundred Dollars ($300.00).
(b) Candidates for Lieutenant Governor, Attorney General, Secretary of State, State Treasurer, Auditor of Public Accounts, Commissioner of Insurance, Commissioner of Agriculture and Commerce, State Highway Commissioner and State Public Service Commissioner, not to exceed Two Hundred Dollars ($200.00).
(c) Candidates for district attorney, not to exceed One Hundred Dollars ($100.00).
(d) Candidates for State Senator, State Representative, sheriff, chancery clerk, circuit clerk, tax assessor, tax collector, county attorney * * * and board of supervisors, not to exceed Fifteen Dollars ($15.00).
(e) Candidates for county surveyor, county coroner, justice court judge and constable, not to exceed Ten Dollars ($10.00).
(f) Candidates for United States Senator, not to exceed Three Hundred Dollars ($300.00).
(g) Candidates for United States Representative, not to exceed Two Hundred Dollars ($200.00).
SECTION 12. The Attorney General of the State of Mississippi shall submit this act, immediately upon approval by the Governor, or upon approval by the Legislature subsequent to a veto, to the Attorney General of the United States or to the United States District Court for the District of Columbia in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.
SECTION 13. Sections 1 through 7 and Sections 9 and 11 of this act shall take effect and be in force from and after July 1, 2004, or the date they are effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended, whichever is later. Sections 8 through 10 of this act shall take effect and be in force from and after January 1, 2008, or the date they are effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended, whichever is later.