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1996 SESSION

960888727
SENATE BILL NO. 193
Offered January 17, 1996
A BILL to amend and reenact § 22.1-75 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 22.1-57.3:4, relating to tie breakers for elected school boards.
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Patrons-- Reasor and Couric; Delegates: Stump and Tate
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Referred to the Committee on Education and Health
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Be it enacted by the General Assembly of Virginia:

1. That § 22.1-75 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding a section numbered 22.1-57.3:4 as follows:

22.1-57.3:4 Selection of tie breakers for elected school boards in school divisions comprised of a single county.

A. The provisions of this section shall apply to any county that has not adopted an alternative form of county government as provided in Chapters 13 (§ 15.1-582 et seq.), 14 (§ 15.1-669 et seq.), 15 (§ 15.1-722 et seq.), and 17 (§ 15.1-833 et seq.) of Title 15.1.

B. An elected school board in a school division comprised of a single county may appoint a resident of the county to cast the deciding vote in a case of a tie of the school board as provided in § 22.1-75. The tie breaker, if any, shall be appointed for a four-year term whether appointed to fill a vacancy caused by expiration of term or otherwise. In the event the school board fails to decide on the method of designating a tie breaker or whether to have a tie breaker, the circuit court shall appoint a tiebreaker. For the purposes of this section, local school boards having elected and appointed members shall be deemed elected school boards.

§ 22.1-75. Procedure in case of tie vote.

In any case in which there is a tie vote of the school board of any school division in a county when all the members are not present, the question shall be passed by until the next meeting when it shall again be voted upon even though all members are not present. In any case in which there is a tie vote on any question after complying with this procedure or in any case in which there is a tie vote when all the members of the school board are present, the proceedings thereon shall be in conformity with the proceedings prescribed below, except that the tie breaker, if any, appointed pursuant to §§ 15.1-609, 15.1-644, 15.1-708, 15.1-770, 22.1-40, 22.1-44, 22.1-53, 22.1-57.3:4, or § 22.1-47, whichever is applicable, shall cast the deciding vote.

In any case in which there is a tie vote of the school board, the clerk shall record the vote; immediately notify the tie breaker to vote; and request his presence, if practicable, at the present meeting of the board. However, if that is not practicable, the board may adjourn to a day fixed in the minutes of the board or, in case of a failure to agree on a day, to a day the clerk fixes and enters in the minutes. At the present meeting or on the day named in the minutes, the tie breaker shall attend. He shall be entitled to be fully advised on the matter upon which he is to vote. If not prepared to vote at the time, he may require the clerk to enter an order adjourning the meeting to some future day, not to exceed thirty days, to be named in the minutes. He may have continuances, not to exceed thirty days, entered until he is ready to vote. When he votes, the clerk shall record his vote; the tie shall be broken; and the question shall be decided as he votes. If a meeting for any reason is not held on the day named in the minutes, the clerk shall enter on the minute book a day within ten days as a substitute day and notify all the members, and this shall continue until a meeting is held. After a tie has occurred, the tie breaker shall be considered a member of the board for the purpose of counting a quorum for the sole purpose of breaking the tie.

2. That an emergency exists and this act is in force from its passage.