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H0029........................................................by MR. SPEAKER
Requested by State Board of Education
EDUCATION BOARD - Amends existing law to strike provisions creating
councils of the State Board of Education to govern state institutions of
higher education and public schools.
01/11 House intro - 1st rdg - to printing
01/11 Rpt prt - to Educ
02/08 Rpt out - rec d/p - to 2nd rdg
02/09 2nd rdg - to 3rd rdg
02/10 3rd rdg - PASSED - 68-0-2
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Callister, Campbell, Chase, Clark, Crow, Cuddy, Deal,
Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet,
Jones, Judd, Kellogg, Kempton, Kendell, Kjellander, Kunz, Lake,
Limbaugh, Linford, Mader, Marley, McKague, Meyer, Montgomery,
Mortensen, Moyle, Pischner, Pomeroy, Reynolds, Ridinger, Ringo,
Robison, Sali, Schaefer, Sellman, Smith, Stevenson, Stoicheff, Stone,
Tilman, Tippets, Trail, Watson, Wheeler, Williams, Wood, Zimmermann,
Mr Speaker
NAYS -- None
Absent and excused -- Loertscher, Taylor
Floor Sponsor - Jones
Title apvd - to Senate
02/11 Senate intro - 1st rdg - to Educ
02/17 Rpt out - rec d/p - to 2nd rdg
02/18 2nd rdg - to 3rd rdg
03/02 3rd rdg - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Parry
Floor Sponsor - Andreason
Title apvd - hld for reconsideration
03/03 Not reconsidered - to House
03/04 To enrol
03/05 Rpt enrol - Sp signed
03/08 Pres signed - to Governor
03/11 Governor signed
Session Law Chapter 56
Effective: 07/01/99
H0029|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 29 BY MR. SPEAKER Requested by: State Board of Education 1 AN ACT 2 RELATING TO THE STATE BOARD OF EDUCATION; AMENDING SECTION 33-101, IDAHO CODE, 3 TO STRIKE REFERENCES TO COUNCILS FOR HIGHER EDUCATION AND FOR THE PUBLIC 4 SCHOOL SYSTEM; AMENDING SECTION 33-102, IDAHO CODE, TO STRIKE REFERENCES 5 TO MEMBERSHIP ON COUNCILS FOR HIGHER EDUCATION AND FOR THE PUBLIC SCHOOL 6 SYSTEM AND TO MAKE A TECHNICAL CORRECTION; AND AMENDING SECTION 33-2802, 7 IDAHO CODE, TO STRIKE REFERENCE TO THE COUNCIL FOR HIGHER EDUCATION. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 33-101, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 33-101. CREATION OF BOARD. For the general supervision, governance and 12 control of all state educational institutions,a state board of educa-13tion is created. The board shall comprise two (2) separate councils, distin-14guished as follows:15(1) For general supervision of all state institutions of higher educa-16tion, and such institutions as may be designated by law,to wit: Uni- 17 versity of Idaho, Idaho State University, Boise State University, Lewis-Clark 18 State College,the College of Southern Idaho, North Idaho College, and19for any other state higher educational institutions which may hereafter be20founded, a council for higher education and board of regents of the University21of Idaho is hereby created.22(2) For general supervision, government and control of the public school23system of the state, includingthe School for the Deaf and the Blind 24 and any other state educational institutionnot connected with higher25educationwhich may hereafter be founded,a council for public26schools is created.27(3) Forand for the general supervision, governance 28 and control ofgeneral educational institutions and programs of common29access to both higher education andthe public school sys- 30 tems, includingEastern Idaho Technical College, vocational education,31the State Library Board, Idaho work study program, public broadcasting system,32Idaho state historical society, and other matters where required by law, the33state board of education shall regularly convene as a wholepub- 34 lic community colleges, a state board of education is created. The said board 35 shall be known as the state board of education and board of regents of the 36 University of Idaho . 37 For the purposes of section 20, article IV, of the constitution of the 38 state of Idaho, the state board of education and all of its offices, agencies, 39 divisions and departments shall be an executive department of state govern- 40 ment. 41 Where the term "state board" shall hereafter appear, it shall mean the 42 state board of education and, notwithstanding any other provision of law43to the contrary, where appropriate, pursuant to the assignment of duties pro-2 1vided in this section, where such reference is relative to postsecondary2institutions and programs or associated arrangements such reference shall mean3the council for higher education andboard of regents of the University 4 of Idaho ., and, where such reference is relative solely to5public schools, elementary through secondary levels, and associated programs,6such reference shall mean the council for public schools.7 SECTION 2. That Section 33-102, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 33-102. MEMBERSHIP -- APPOINTMENT -- TERM OF OFFICE -- QUALIFICATIONS -- 10 PLACE OF OFFICE. The state board of education shall consist of the state 11 superintendent of public instruction, who shall be anex-officio12 ex officio voting member and who shall serve as executive secre- 13 tary of the board for all elementary and secondary school matters, and14eightseven (87 ) members 15 appointed by the governor, each for a term of five (5) years . 16of whom four (4) members shall be selected for the council for public17schools and four (4) members shall be selected for the council for higher edu-18cation and board of regents. The additional member appointed pursuant to this19act shall serve an initial term of four (4) years, and thereafter the term20shall be for five (5) years. The state superintendent of public instruction21shall be an ex-officio voting member of both councils.Annually on the 22 first day of March the governor shall appoint members to fill the board posi- 23 tions for which the terms of office have expired. The governor shall, by 24 appointment, fill any vacancy on the board, such appointment to be for the 25 unexpired term of the retiring member. Appointment to the board shall be made 26 solely upon consideration of the ability of such appointees efficiently to 27 serve the interests of the people, and education, without reference to local- 28 ity, occupation, party affiliation or religion. Any person appointed to said 29 board shall have been a resident of the state for not less than three (3) 30 years prior to the date of appointment; and shall qualify and assume the 31 duties in accordance with laws governing similar appointments to, and qualifi- 32 cations for, office on other state boards. All appointments of members to the 33 state board of education made after the effective date of this act must be 34 confirmed by the senate. 35 Members of the state board of education holding office on the effective 36 date of this act shall continue in office for the balance of the term to which 37 they were appointed .and shall be designated, by the gover-38nor, to the respective council of which they shall be a member in such a man-39ner as to assure that no two (2) members of either council are serving terms40which expire in the same year.41 The state board shall have and maintain its office at the state capitol. 42 SECTION 3. That Section 33-2802, Idaho Code, be, and the same is hereby 43 amended to read as follows: 44 33-2802. BOARD OF REGENTS .COUNCIL FOR HIGHER EDUCA-45TION.The general supervision, government and control of the University 46 of Idaho is vested in thecouncil for higherstate board of 47 education which also constitutes the board of regents of the university 48 and is known as thecouncil for higherstate board of 49 education and board of regents of the University of Idaho.
STATEMENT OF PURPOSE
RS08343
The purpose of this legislation is to repeal sections of the Idaho
Code that were found unconstitutional and replace them with the
previous Code, now contained in the footnote.
Repealing Idaho Code 33-101, 33-102 and 33-2802 and restoring the
original statute is a matter of housekeeping and will provide
clarity on the current state of the law.
FISCAL IMPACT
There is no fiscal impact associated with this legislation.
CONTACT
Name: Mike Killworth
Agency: Office of the State Board of Education
Phone: 334-2270
Statement of Purpose/Fiscal Impact H 2