Rep. Jack D. Franks
Filed: 3/23/2010
 
 

 




 

 		












09600SB0642ham004

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AMENDMENT TO SENATE BILL 642 




2
    AMENDMENT NO. ______. Amend Senate Bill 642 as follows:
 
3
in Section 5, Sec. 7, subsec. (c), the paragraph beginning "The 
4
obligation", the sentence beginning "The resolution may also 
5
authorize", by replacing "Board." with the following:

6
"Board.

7
    If the Board of Trustees elects to exercise the power to 
8
borrow money as provided in this subsection (c), the question 
9
of whether each trustee shall be retained in office for the 
10
remainder of his or her term must be submitted to the electors 
11
at the next general election.  Sixty days before that election, 
12
the Governor and the Secretary of State shall certify to the 
13
State Board of Elections the name of each trustee that will be 
14
or is reasonably expected to be serving on the board on and 
15
after the date of the general election.  The question shall be 
16
substantially in the following form:
 
 


 






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        Shall (name of trustee) be retained in office as 
2
    trustee of the (name of university) for the remainder of 
3
    his or her term?


 
4
The election authority must record the votes as "Yes" or "No".  
5
If a trustee receives the affirmative vote of three-fifths of 
6
the electors voting on the question, he or she shall be 
7
retained in office as trustee.  If a trustee does not receive 
8
the affirmative vote of three-fifths of the electors voting on 
9
the question, he or she shall be removed from office and the 
10
vacancy shall be filled for the unexpired term in the same 
11
manner as the original appointment."; and
 


12
in Section 10, Sec. 8, subdivision 13, the paragraph beginning 
13
"The obligation", the sentence beginning "The resolution may 
14
also authorize", by replacing "Board." with the following:
15
    
"Board.

16
        If the Board of Trustees elects to exercise the power 
17
    to borrow money as provided in this item 13, the question 
18
    of whether each trustee shall be retained in office for the 
19
    remainder of his or her term must be submitted to the 
20
    electors at the next general election.  Sixty days before 
21
    that election, the Governor and the Secretary of State 
22
    shall certify to the State Board of Elections the name of 
23
    each trustee that will be or is reasonably expected to be 
24
    serving on the board on and after the date of the general 
 


 






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    election.  The question shall be substantially in the 
2
    following form:
 
3
            Shall (name of trustee) be retained in office as 
4
        trustee of the (name of university) for the remainder 
5
        of his or her term?
 
6
    The election authority must record the votes as "Yes" or 
7
    "No".  If a trustee receives the affirmative vote of 
8
    three-fifths of the electors voting on the question, he or 
9
    she shall be retained in office as trustee.  If a trustee 
10
    does not receive the affirmative vote of three-fifths of 
11
    the electors voting on the question, he or she shall be 
12
    removed from office and the vacancy shall be filled for the 
13
    unexpired term in the same manner as the original 
14
    appointment."; and
 


15
in Section 15, Sec. 5-45, subdivision (13), the paragraph 
16
beginning "The obligation", the sentence beginning "The 
17
resolution may also authorize", by replacing "Board." with the 
18
following:

19
"Board.
20
    If the Board of Trustees elects to exercise the power to 
21
borrow money as provided in this item (13), the question of 
22
whether each trustee shall be retained in office for the 
23
remainder of his or her term must be submitted to the electors 
 


 






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at the next general election.  Sixty days before that election, 
2
the Governor and the Secretary of State shall certify to the 
3
State Board of Elections the name of each trustee that will be 
4
or is reasonably expected to be serving on the board on and 
5
after the date of the general election.  The question shall be 
6
substantially in the following form:


 
7
        Shall (name of trustee) be retained in office as 
8
    trustee of the (name of university) for the remainder of 
9
    his or her term?


 
10
The election authority must record the votes as "Yes" or "No".  
11
If a trustee receives the affirmative vote of three-fifths of 
12
the electors voting on the question, he or she shall be 
13
retained in office as trustee.  If a trustee does not receive 
14
the affirmative vote of three-fifths of the electors voting on 
15
the question, he or she shall be removed from office and the 
16
vacancy shall be filled for the unexpired term in the same 
17
manner as the original appointment."; and
 


18
in Section 20, Sec. 10-45, subsec. (a), subdivision (12), the 
19
paragraph beginning "The obligation", the sentence beginning 
20
"The resolution may also authorize", by replacing "Board." with 
21
the following:
22
    "Board.
23
        If the Board of Trustees elects to exercise the power 
 


 






09600SB0642ham004
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    to borrow money as provided in this item (12), the question 
2
    of whether each trustee shall be retained in office for the 
3
    remainder of his or her term must be submitted to the 
4
    electors at the next general election.  Sixty days before 
5
    that election, the Governor and the Secretary of State 
6
    shall certify to the State Board of Elections the name of 
7
    each trustee that will be or is reasonably expected to be 
8
    serving on the board on and after the date of the general 
9
    election.  The question shall be substantially in the 
10
    following form:
 
11
            Shall (name of trustee) be retained in office as 
12
        trustee of the (name of university) for the remainder 
13
        of his or her term?
 
14
    The election authority must record the votes as "Yes" or 
15
    "No".  If a trustee receives the affirmative vote of 
16
    three-fifths of the electors voting on the question, he or 
17
    she shall be retained in office as trustee.  If a trustee 
18
    does not receive the affirmative vote of three-fifths of 
19
    the electors voting on the question, he or she shall be 
20
    removed from office and the vacancy shall be filled for the 
21
    unexpired term in the same manner as the original 
22
    appointment."; and
 


23
in Section 25, Sec. 15-45, subdivision (13), the paragraph 
 


 






09600SB0642ham004
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1
beginning "The obligation", the sentence beginning "The 
2
resolution may also authorize", by replacing "Board." with the 
3
following:

4
"Board.

5
    If the Board of Trustees elects to exercise the power to 
6
borrow money as provided in this item (13), the question of 
7
whether each trustee shall be retained in office for the 
8
remainder of his or her term must be submitted to the electors 
9
at the next general election.  Sixty days before that election, 
10
the Governor and the Secretary of State shall certify to the 
11
State Board of Elections the name of each trustee that will be 
12
or is reasonably expected to be serving on the board on and 
13
after the date of the general election.  The question shall be 
14
substantially in the following form:


 
15
        Shall (name of trustee) be retained in office as 
16
    trustee of the (name of university) for the remainder of 
17
    his or her term?
 


18
The election authority must record the votes as "Yes" or "No".  
19
If a trustee receives the affirmative vote of three-fifths of 
20
the electors voting on the question, he or she shall be 
21
retained in office as trustee.  If a trustee does not receive 
22
the affirmative vote of three-fifths of the electors voting on 
23
the question, he or she shall be removed from office and the 
24
vacancy shall be filled for the unexpired term in the same 
 


 






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manner as the original appointment."; and

 
2
in Section 30, Sec. 20-45, subdivision (14), the paragraph 
3
beginning "The obligation", the sentence beginning "The 
4
resolution may also authorize", by replacing "Board." with the 
5
following:

6
"Board.

7
    If the Board of Trustees elects to exercise the power to 
8
borrow money as provided in this item (14), the question of 
9
whether each trustee shall be retained in office for the 
10
remainder of his or her term must be submitted to the electors 
11
at the next general election.  Sixty days before that election, 
12
the Governor and the Secretary of State shall certify to the 
13
State Board of Elections the name of each trustee that will be 
14
or is reasonably expected to be serving on the board on and 
15
after the date of the general election.  The question shall be 
16
substantially in the following form:


 
17
        Shall (name of trustee) be retained in office as 
18
    trustee of the (name of university) for the remainder of 
19
    his or her term?


 
20
The election authority must record the votes as "Yes" or "No".  
21
If a trustee receives the affirmative vote of three-fifths of 
22
the electors voting on the question, he or she shall be 
23
retained in office as trustee.  If a trustee does not receive 
 


 






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1
the affirmative vote of three-fifths of the electors voting on 
2
the question, he or she shall be removed from office and the 
3
vacancy shall be filled for the unexpired term in the same 
4
manner as the original appointment."; and


 
5
in Section 33, Sec. 25-45, subdivision (13), the paragraph 
6
beginning "The obligation", the sentence beginning "The 
7
resolution may also authorize", by replacing "Board." with the 
8
following:

9
"Board.

10
    If the Board of Trustees elects to exercise the power to 
11
borrow money as provided in this item (13), the question of 
12
whether each trustee shall be retained in office for the 
13
remainder of his or her term must be submitted to the electors 
14
at the next general election.  Sixty days before that election, 
15
the Governor and the Secretary of State shall certify to the 
16
State Board of Elections the name of each trustee that will be 
17
or is reasonably expected to be serving on the board on and 
18
after the date of the general election.  The question shall be 
19
substantially in the following form:
 
20
        Shall (name of trustee) be retained in office as 
21
    trustee of the (name of university) for the remainder of 
22
    his or her term?


 
23
The election authority must record the votes as "Yes" or "No".  
 


 






09600SB0642ham004
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1
If a trustee receives the affirmative vote of three-fifths of 
2
the electors voting on the question, he or she shall be 
3
retained in office as trustee.  If a trustee does not receive 
4
the affirmative vote of three-fifths of the electors voting on 
5
the question, he or she shall be removed from office and the 
6
vacancy shall be filled for the unexpired term in the same 
7
manner as the original appointment."; and


 
8
in Section 35, Sec. 30-45, subdivision (14), the paragraph 
9
beginning "The obligation", the sentence beginning "The 
10
resolution may also authorize", by replacing "Board." with the 
11
following:

12
"Board.
13
    If the Board of Trustees elects to exercise the power to 
14
borrow money as provided in this item (14), the question of 
15
whether each trustee shall be retained in office for the 
16
remainder of his or her term must be submitted to the electors 
17
at the next general election.  Sixty days before that election, 
18
the Governor and the Secretary of State shall certify to the 
19
State Board of Elections the name of each trustee that will be 
20
or is reasonably expected to be serving on the board on and 
21
after the date of the general election.  The question shall be 
22
substantially in the following form:


 
23
        Shall (name of trustee) be retained in office as 
24
    trustee of the (name of university) for the remainder of 
 


 






09600SB0642ham004
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1
    his or her term?


 
2
The election authority must record the votes as "Yes" or "No".  
3
If a trustee receives the affirmative vote of three-fifths of 
4
the electors voting on the question, he or she shall be 
5
retained in office as trustee.  If a trustee does not receive 
6
the affirmative vote of three-fifths of the electors voting on 
7
the question, he or she shall be removed from office and the 
8
vacancy shall be filled for the unexpired term in the same 
9
manner as the original appointment."; and


 
10
in Section 40, Sec. 35-45, subdivision (13), the paragraph 
11
beginning "The obligation", the sentence beginning "The 
12
resolution may also authorize", by replacing "Board." with the 
13
following:

14
"Board.

15
    If the Board of Trustees elects to exercise the power to 
16
borrow money as provided in this item (13), the question of 
17
whether each trustee shall be retained in office for the 
18
remainder of his or her term must be submitted to the electors 
19
at the next general election.  Sixty days before that election, 
20
the Governor and the Secretary of State shall certify to the 
21
State Board of Elections the name of each trustee that will be 
22
or is reasonably expected to be serving on the board on and 
23
after the date of the general election.  The question shall be 
24
substantially in the following form:


 
 


 






09600SB0642ham004
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LRB096 06697 NHT 39438 a




1
        Shall (name of trustee) be retained in office as 
2
    trustee of the (name of university) for the remainder of 
3
    his or her term?


 
4
The election authority must record the votes as "Yes" or "No".  
5
If a trustee receives the affirmative vote of three-fifths of 
6
the electors voting on the question, he or she shall be 
7
retained in office as trustee.  If a trustee does not receive 
8
the affirmative vote of three-fifths of the electors voting on 
9
the question, he or she shall be removed from office and the 
10
vacancy shall be filled for the unexpired term in the same 
11
manner as the original appointment.".