House Bill 1391

AN ACT TO AMEND SECTION 37-5-7, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE MODIFIED PROCESS OF ELECTING AND APPOINTING OF COUNTY SCHOOL BOARD MEMBERS FOR GEORGE COUNTY AT THE 2019 STATEWIDE GENERAL ELECTION; TO PROVIDE THAT THREE MEMBERS OF THE BOARD SHALL BE ELECTED FROM THREE NEW SINGLE MEMBER DISTRICTS APPORTIONED IN ACCORDANCE TO THE POPULATION OF THE COUNTY; TO REQUIRE THE COUNTY BOARD OF SUPERVISORS AND THE LOCAL GOVERNING AUTHORITIES OF MUNICIPALITIES WHEREIN THE SEATS OF GOVERNMENT IS LOCATED TO APPOINT THE REMAINING TWO MEMBERS FROM THE COUNTY AT LARGE; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 37-5-7, Mississippi Code of 1972, is amended as follows:

37-5-7. (1) On the first Tuesday after the first Monday in May * * *, 1954, an election shall be held in each county in this state in the same manner as general state and county elections are held and conducted, which election shall be held for the purpose of electing the county boards of education established under the provisions of this chapter. At such election, the members of the said board from Supervisors Districts * * *~~One~~ 1 and * * *~~Two~~ 2 shall be elected for the term expiring on the first Monday of January * * *, 1957; members of the board from Supervisors Districts * * *~~Three~~ 3 and * * *~~Four~~ 4 shall be elected for a term expiring on the first Monday of January * * *, 1959; and the member of the board from Supervisors District * * *~~Five~~ 5 shall be elected for a term expiring on the first Monday of January * * *, 1955. Except as otherwise provided in subsection (2), all subsequent members of the board shall be elected for a term of six (6) years at the regular general election held on the first Monday in November next preceding the expiration of the term of office of the respective member or members of such board. All members of the county board of education as herein constituted, shall take office on the first Monday of January following the date of their election.

(2) On the first Tuesday after the first Monday in November, in any year in which any county shall elect to utilize the authority contained in Section 37-5-1(2), an election shall be held in each such county in this state for the purpose of electing the county boards of education in such counties. At said election the members of the said county board of education from Districts * * *~~One~~ 1 and * * *~~Two~~ 2 shall be elected for a term of four (4) years, the members from Districts * * *~~Three~~ 3 and * * *~~Four~~ 4 shall be elected for a term of six (6) years, and the member from District * * *~~Five~~ 5 shall be elected for a term of two (2) years. Thereafter, members shall be elected at general elections as vacancies occur for terms of six (6) years each. All members of the county board of education shall take office on the first Monday of January following the date of their election.

(3) (a) Current members of the Board of Trustees of the Greenwood Public School District serving on November 1, 2017, shall continue in office as the new County Board of Education of the Greenwood-Leflore School District until their successors are elected as follows:

(i) The two (2) appointed board members of the Greenwood Public School District whose terms are nearest to expiration shall expire on January 1, 2019, and thereafter become permanently elected positions to be filled by persons elected as board members from Supervisors Districts 2 and 3 in a November 2018 election held for that purpose, in the manner prescribed in Section 37-7-203, and the newly elected members will take office on January 1, 2019, for a term of four (4) years;

(ii) The final two (2) appointed board members of the Greenwood Public School District whose terms are the farthest removed from expiration shall expire on January 1, 2020, and thereafter become permanently elected positions to be filled by persons elected as board members from Supervisors Districts 4 and 5 in a November 2019 election held for that purpose, in the manner prescribed in Section 37-7-203, and the newly elected members will take office on January 1, 2020, for a term of four (4) years; and

(iii) One (1) appointed board member of the Greenwood Public School District whose term is next nearest to expiration shall expire on January 1, 2021, and thereafter become a permanently elected position to be filled by a person elected as a board member from Supervisors District 1 in a November 2020 election held for that purpose, in the manner prescribed in Section 37-7-203, and the newly elected members will take office on January 1, 2021, for a term of four (4) years.

(b) All subsequent members shall be elected for a term of four (4) years at the regular general election held on the first Monday in November next preceding the expiration of the term of office of the respective members, and shall take office on January 1 next succeeding the election.

(4) On the first Tuesday after the first Monday in November 2017, an election shall be held in Holmes County for the purpose of electing the county board of education in the new Holmes County Consolidated School District. At the election, the members of the said county board of education shall be elected from single member board of education districts, which shall be consistent with the supervisors district lines in the county, and shall be elected for an initial term of six (6) years. Subsequent elections for the Holmes County Board of Education shall be held on the first Tuesday after the first Monday in November 2023 and every four (4) years thereafter at the same time and manner as other general elections are held, and the member shall be elected for a term of four (4) years. All members of the county board of education in the new Holmes County Consolidated School District shall take office on the first Monday of January following the date of their election.

(5) On the first Tuesday after the first Monday in November 2023, an election shall be held in Chickasaw County for the purpose of electing the county board of education in the new Chickasaw County School District. The board of supervisors shall declare and designate posts for each member of the new board. At said election, the members of the said county board of education from Posts One and Two shall be elected for a term of four (4) years, the members from Posts Three and Four shall be elected for a term of three (3) years and the member from Post Five shall be elected for a term of two (2) years. Thereafter, members shall be elected at general elections as vacancies occur for terms of four (4) years each. All members of the county board of education in the new Chickasaw County School District shall take office on the first Monday of January following the date of their election.

(6) (a) On the first Tuesday after the first Monday in November 2019, and every four (4) years thereafter, an election shall be held at the same time and manner as other statewide general elections are held in George County for the purpose of electing members of the county board of education in the George County School District. The board of supervisors for the county designated in this subsection shall be responsible for apportioning the county into three (3) single member board of education election districts, which shall be consistent with the apportioned population of the county. The board of supervisors of the county shall thereafter publish the same in some newspaper of general circulation in the county for at least three (3) consecutive weeks and having given notice of publication and recording the same upon the minutes of the school board, the new election district lines will thereafter be effective for the November 2019 general election.

(b) After the election results for the office of school board members have been certified by the Secretary of State, the remaining two (2) members of the county school board shall be appointed from the county at large as follows:

(i) One (1) member shall be appointed from the county at large by the board of supervisors; and

(ii) One (1) member shall be appointed from the county at large by the local governing authority of the municipality wherein the seat of government is located subject to the provisions of this subsection.

(c) School board members elected at the general election and those appointed by the appropriate governing authorities upon the certification of election results shall be elected and appointed for a term of four (4) years, and shall take office on the first Monday of January following the date of their election or appointment.

SECTION 2. This act shall take effect and be in force from and after its passage.