CHAPTER 76

(SB 3)

Representation areas authorized for school board elections.

         ENTITLED, An Act to  revise certain provisions concerning the establishment of representation areas for school board members and determination of vacancies on school boards.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That § 13-8-7 be repealed.

     Section  2.  That § 13-8-7.1 be amended to read as follows:

     13-8-7.1.   Any school board may establish school board member representation areas , or the . The electors of any school district may also establish school board representation areas by a majority vote of all electors voting at an election called and held as set forth in §§ 13-8-3 to 13-8-5, inclusive. The representation areas, if established, shall become effective January first of the following year. Each representation area shall include a population with a variance of not more than five percent and shall be reapportioned at least once every ten years. The number of representation areas shall be the same as the number of board members. If so established, the representation areas supersede the provisions of § 13-8-7 with regard to representation from the incorporated and nonincorporated areas. If board member representation areas are established, the school board member candidate shall be a resident voter and reside within the representation area to qualify. Before the school board member representation areas are established, the entity responsible for establishing the school board member representation areas shall state whether the board members will be elected at large or elected by the voters who reside within the representation area.

     Any All current board members shall serve the balance of their term terms . At the time of an election or vacancy, board members shall be elected or appointed in order that each representation area shall have a resident board member.

     Section  3.  That § 13-8-23 be amended to read as follows:

     13-8-23.   A vacancy on the school board shall occur on the happening of occurs if any of the following events happen before the expiration of the term of such a school board member . If the member :

             (1)      The death of the incumbent Dies;

             (2)      His removal Is removed from the board;

             (3)      His failure Fails to qualify as a board member as provided by law;

             (4)      His ceasing Ceases to be a voting resident of the school district or representation area where elected;

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             (5)      His conviction Is convicted of any infamous crime or of any offense involving a violation of his the member's official oath;

             (6)      Whenever Has a judgment shall be obtained against him the member for breach of his the member's official bond;

             (7)      His incapacity Is incapacitated and is unable to attend to the duties of his the position;

             (8)      His assuming Assumes the duties of an office incompatible with the duties of a school board member;

             (9)      His resignation Resigns .

     Signed February 6, 2006

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