Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
                                           Act 511 of the Regular Session
 1   State of Arkansas
 2   93rd General Assembly                        A Bill
 3   Regular Session, 2021                                                             HOUSE BILL 1540
 4
 5   By: Representative Cozart
 6   By: Senator J. Sturch
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 8                                     For An Act To Be Entitled
 9                   AN ACT CONCERNING SCHOOL BOARD ELECTIONS; TO AMEND
10                   TIMING REQUIREMENTS CONCERNING THE ELECTION OF SCHOOL
11                   BOARD MEMBERS IN SCHOOL DISTRICTS THAT HAVE TEN
12                   PERCENT OR GREATER MINORITY POPULATION; TO DECLARE AN
13                   EMERGENCY; AND FOR OTHER PURPOSES.
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16                                                 Subtitle
17                           TO AMEND TIMING REQUIREMENTS CONCERNING
18                           THE ELECTION OF SCHOOL BOARD MEMBERS IN
19                           SCHOOL DISTRICTS THAT HAVE TEN PERCENT OR
20                           GREATER MINORITY POPULATION; AND TO
21                           DECLARE AN EMERGENCY.
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24   BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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26           SECTION 1.      Arkansas Code  6-13-630(d), concerning a resolution
27   adopted by a public school district board of directors to require that school
28   board members be elected by zone, at large, or a combination thereof, is
29   amended to read as follows:
30           (d)   The board of directors of the school district shall cause the
31   resolution to be published at least thirty (30) ninety (90) days before the
32   filing deadline for the next regular school election after the adoption of
33   the resolution.
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35           SECTION 2.      Arkansas Code  6-13-631(b)(1), concerning the election of
36   school board members in school districts that have ten percent or greater
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                                                                                    HB1540
 1   minority population, is amended to read as follows:
 2        (b)(1)   At least ninety (90) days before the election one hundred
 3   twenty (120) days before the annual school election held on the second year
 4   after the federal decennial census, the local board of directors shall:
 5                     (A)   By resolution, choose to elect members of the board of
 6   directors from five (5) or seven (7) single-member zones or from five (5)
 7   single-member zones and two (2) at large; and
 8                     (B)   With the approval of the controlling county board of
 9   election commissioners, divide each school district having a ten percent
10   (10%) or greater minority population into five (5) or seven (7) single-member
11   zones in accordance with the federal Voting Rights Act of 1965, as amended.
12
13        SECTION 3.   Arkansas Code  6-13-631(f)(1), concerning annual school
14   elections in school districts that have ten percent or greater minority
15   population after each federal decennial census, is amended to read as
16   follows:
17        (f)(1)   At least one hundred (100) ninety (90) days before the second
18   filing deadline for the annual school election held on the second year after
19   each federal decennial census, the school district board of directors, with
20   the approval of the county board of election commissioners of the county
21   where the school district is administratively domiciled, shall:
22                     (A)   Divide each school district having a ten percent (10%)
23   or greater minority population into single-member zones; and
24                     (B)(i)     File a copy of the plan with the county clerk of
25   the county where the school district is administratively domiciled.
26                              (ii)   The plan filed with the clerk shall include a
27   map showing the boundaries of the zones and documentation showing the
28   population by race in each zone.
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30        SECTION 4.   EMERGENCY CLAUSE.        It is found and determined by the
31   General Assembly of the State of Arkansas that the timelines established by
32   statute combined with the delay in the release of the most recent federal
33   decennial census information make it impossible for some public school
34   districts to comply with existing statutory requirements with respect to
35   school election timelines; that the inability for these affected public
36   school districts to follow statutorily required timelines puts the public
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                                                                               HB1540
 1   school districts' funding at risk and would prohibit the public school
 2   districts from performing their governmental functions; and that this act is
 3   immediately necessary to ensure the affected public school districts retain
 4   funding and are able to properly perform required duties. Therefore, an
 5   emergency is declared to exist, and this act being immediately necessary for
 6   the preservation of the public peace, health, and safety shall become
 7   effective on:
 8              (1)   The date of its approval by the Governor;
 9              (2)   If the bill is neither approved nor vetoed by the Governor,
10   the expiration of the period of time during which the Governor may veto the
11   bill; or
12              (3)   If the bill is vetoed by the Governor and the veto is
13   overridden, the date the last house overrides the veto.
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16                                 APPROVED: 4/1/21
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Statutes affected: 
HB 1540: 6-13-630(d), 6-13-631(b), 6-13-631(f)
Act 511: 6-13-630(d), 6-13-631(b), 6-13-631(f)