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ASSEMBLY BILL 1031 (LANCASTER – 1974)
CHAPTER 68, STATUTES OF 1974
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Sections 1162, 1162.5 and 1163 of the Education Code were amended, and section 2504 of the Elections Code was amended following legislative passage of Assembly Bill 1031. (See Exhibit #1d) Assembly member Lancaster introduced the bill on April 3, 1973, for the California School Boards Association. (See Exhibits #1a and #9, document PE-9)
Assembly Bill 1031 was assigned to the Assembly Committee on Education and the Senate Committee on Education where policy issues raised by the bill were considered. (See Exhibits #3 and #5) Two amendments were made to Assembly Bill 1031 during the legislative process. (See Exhibits #1b, #1c, and #2) Subsequent to legislative approval, Governor Ronald Reagan signed the bill on March 13, 1974, and it was recorded by the Secretary of State as Chapter 68 of the Statutes of 1974. (See Exhibits #1d and #2) Assembly Bill 1031 contained an urgency clause which caused the bill to go into immediate effect. The reason for this urgency can be found in section 5 of Chapter 68. (See Exhibit #1d, page 153)
The Summary Digest of Statutes Enacted prepared by the Legislative Counsel provides the following digest of Assembly Bill 1031:
Revises provision providing for filling of vacancies on school district governing boards to authorize board, within 30 days of a vacancy or filing of a resignation, to make provisional appointment or call an election. Requires calling of an election if provisional appointment not made within that 30 days, such election to be held on regular school district election date. Requires holding of special election if petition therefore, signed by specified percentage of the registered voters in district, is filed within 30 days after date of provisional appointment.
Requires county superintendent of schools, if petition is submitted, to verify signatures within 30 days and if petition is proven to be legally sufficient, to call a special election to be held within 120 days of determination of validity of such petition.
Specifies that there shall be no election or appointment if vacancy occurs within four months of end of term if incumbent is not reelected or if vacancy occurs between 4 months and 74 days prior to regularly scheduled election. Provides for special election in latter circumstance.
Makes related technical changes.
To take effect immediately, urgency statute.
(See Exhibit #10, page 15)