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H0509..........................................................by EDUCATION
SCHOOL DISTRICTS - BOUNDARIES - Amends existing law to clarify and revise
the procedure by which the boundaries of a school district may be altered
by excision and annexation of territory between contiguous districts.
01/26 House intro - 1st rdg - to printing
01/27 Rpt prt - to Educ
02/13 Rpt out - rec d/p - to 2nd rdg
02/16 2nd rdg - to 3rd rdg
02/20 3rd rdg - PASSED - 63-1-6
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(15), Boe, Bruneel, Geddes, Gould, Hadley, Hansen, Henbest,
Hornbeck, Jaquet, Jones(9), Jones(20), Judd, Kellogg, Kempton,
Kendell, Kjellander, Kunz, Lake, Linford, Loertscher, Mader, Marley,
McKague, Meyer, Miller, Mortensen, Newcomb, Pischner, Pomeroy,
Reynolds, Richman, Ridinger, Robison, Sali, Stevenson, Stoicheff,
Stubbs, Taylor, Tilman, Trail, Watson, Wheeler, Zimmermann,
Mr Speaker
NAYS -- Jones(22)
Absent and excused -- Black(23), Crane, Schaefer, Stone, Tippets,
Wood
Floor Sponsor - McKague
Title apvd - to Senate
02/23 Senate intro - 1st rdg - to Educ
03/13 Rpt out - rec d/p - to 2nd rdg
03/16 2nd rdg - to 3rd rdg
03/18 3rd rdg - PASSED - 33-1-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Sorensen, Stennett, Sweeney, Thorne,
Twiggs, Wheeler, Whitworth
NAYS--Schroeder
Absent and excused--Hansen
Floor Sponsor - Bunderson
Title apvd - to House
03/19 To enrol - rpt enrol - Pres signed
Sp signed - to Governor
03/20 Governor signed
Session Law Chapter 244
Effective: 03/20/98
H0509|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 509 BY EDUCATION COMMITTEE 1 AN ACT 2 RELATING TO SCHOOL DISTRICT BOUNDARIES; AMENDING SECTION 33-307, IDAHO CODE, 3 TO PLACE A TIME LIMIT WITHIN WHICH A BOARD OF COUNTY COMMISSIONERS SHALL 4 CORRECT A LEGAL DESCRIPTION OF A SCHOOL DISTRICT'S BOUNDARIES, TO PROVIDE 5 THAT THE STATE TAX COMMISSION SHALL RECEIVE NOTICE OF SUCH CHANGE, TO PRO- 6 VIDE AN EFFECTIVE DATE FOR THE CHANGE IN BOUNDARIES AND TO MAKE TECHNICAL 7 CORRECTIONS; AMENDING SECTION 33-308, IDAHO CODE, TO CLARIFY THE PROCEDURE 8 FOR EXCISING AND ANNEXING TERRITORY FROM ONE SCHOOL DISTRICT TO ANOTHER, 9 TO REVISE THE INFORMATION PROVIDED IN THE PETITION, TO PLACE TIME LIMITS 10 ON THE TRANSMITTAL OF THE PETITION TO THE STATE BOARD OF EDUCATION, TO 11 PROVIDE FOR AN ELECTION BY THE SCHOOL DISTRICT ELECTORS RESIDING IN THE 12 AREA DESCRIBED IN THE PETITION, TO PROVIDE FOR AN ORDER FOR BOUNDARY 13 CHANGES BY THE STATE BOARD OF EDUCATION AND TO MAKE TECHNICAL CORRECTIONS; 14 AND DECLARING AN EMERGENCY. 15 Be It Enacted by the Legislature of the State of Idaho: 16 SECTION 1. That Section 33-307, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 33-307. CORRECTING OR ALTERING SCHOOL DISTRICT BOUNDARIES. (1) 19 Whenever the state board of education shall find that, because of 20 error in the legal description of the boundaries of any school district, or 21 for any other reason, 22 ( a.) any part of the area of the 23 state is not included within the area of a school district, or 24 ( b.) is included in more than one 25 (1) school district, or 26 ( c.) that any area of less than 27 fifty (50) square miles in which no school is operated should be excised 28 from the school district in which it lies and annexed to a contiguous 29 school district when the interests of the school children residing in each 30 of the affected districts of such areas will be served 31 thereby, 32 the said state board of education shall make an appropriate order including an 33 omitted area into any school district, or districts, or correcting or altering 34 the boundaries of the districts, in such manner as, in its judgment, is just 35 and proper. 36 (2) A copy of any such order shall be sent by the state 37 board of education to the board of trustees of any school district affected by 38 the order, and to the board of county commissioners of any county in which any 39 such district, or part thereof, shall lie. Within thirty (30) days of 40 receipt of the order, tThe board of county commissioners 41 shallthereuponcorrect the legal description of the school dis- 42 trict or districts, as the same may appear in its records, and immediately 43 thereafter shall notify the state board of education that the county records 2 1 have been corrected in accordance with the order of the said state board of 2 education. The state tax commission shall also be notified in accordance 3 with the provisions of section 63-215, Idaho Code. The proposal shall become 4 effective at the same time the state board of education and the state tax com- 5 mission have been notified by the county commissioners that the county records 6 have been corrected as ordered. 7 SECTION 2. That Section 33-308, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 33-308. EXCISION AND ANNEXATION OF TERRITORY. (1)Ten10(10)A board of trustees of any school district including a spe- 11 cially chartered school district, or one-fourth (1/4) or more of 12 the school district electors, residing in an area of notless13more thantenfifty (1145 0) square miles within which there is no schoolhouse or 15 facility necessary for the operation of a school district, may petition in 16 writing proposing the annexation of the area to another and contiguous school 17 district. 18 (2) Such petition shall be in duplicate, one (1) copy of 19 which shall be presented to the board of trustees of the district from which 20 the area is proposed to be excised, and the other to the board of trustees of 21 the district to which the area is proposed to be annexed. The petition shall 22 contain: 231.(a) The names and addresses of the petition- 24 ers; 252.(b) A legal description of the area proposed 26 to be excised from one district and annexed to another 27 contiguous district ; 283.(c) Maps showing the boundaries of the dis- 29 tricts as they presently appear and as they would appear should the exci- 30 sion and annexation be approved; 314.(d) The names of the school districts from 32 and to which the area is proposed to be excised, and annexed; 335. The amount of the unpaid bonded debt of each such district;346. The total assessed value of all taxable property in each such dis-35trict; and367. The total assessed value of all taxable property in the area described37in the petition38 (e) A description of reasons for which the petition is being sub- 39 mitted; and 40 (f) An estimate of the number of children residing in the area described 41 in the petition . 42 (3) The board of trustees of each school district , no 43 later than ten (10) days after its first regular meeting held subsequent to 44 receipt of the petition, shall transmit the petition, with recommenda- 45 tions, to the state board of education. 46 (4) The state board of educationmay47 shall approveor disapprovethe proposal, but if48provided: 49 (a) The excision and annexation is in the best interests of the children 50 residing in the area described in the petition; and 51 (b) The excision of the territory, as proposed, would not 52 leave a school district with a bonded debt in excess of the limit 53 then prescribed by law,. 3 1 If either condition is not met, the state boardmust2 shall disapprove the proposal. The approval or disapproval shall be 3 expressed in writing to the board of trustees of each school district named in 4 the petition. 5 (5) If the state board of education shall approve the pro- 6 posal, it shall be submitted to the school district electorsof each7school district, and ofresiding in the area 8 described in the petition , at an election held in the man- 9 ner providedby sections 33-401--33-406in chapter 4, title 10 33, Idaho Code. Such election shall be held within sixty (60) days after the 11 state board approves the proposal . 12 (6) At thesame time ofelection there shall be 13 submitted to the electors having the qualifications of electors in a school 14 district bond election and residing in the area proposed to be annexed,15: 16 (a) The question of whether the area described in the petition shall be 17 excised from school district no. ( ) and annexed to contiguous school 18 district no. ( ); and 19 (b) Tthe question of assumption of the appropriate 20 proportion of any bonded debt, and the interest thereon, of the proposed 21 annexing school district, which proportion shall be the ratio of22assessed value of taxable property in the said area to the aggregate23assessed value of taxable property in the said area and in the proposed24annexing district. 25 (7) If a majority of the school district electors in26each of the two (2) districts and inthe area described in the 27 petition , voting in the election, shall vote in favor of the proposal 28 to excise and annex the said area, and if in the area the electors voting on 29 the question of the assumption of bonded debt and interest have approved such 30 assumption by themajorityproportion of votes cast 31 as isnow, or hereafter may be,required by section 3, article 32 VIII, of theCc onstitution of the state of 33 Idaho, the proposal shall carry and be approved. Otherwise, it shall 34 fail. 35 (8) If the proposal shall be approved by the electors in the 36 manner prescribed,it shall become effective as of the beginning of the37school year next following the election at which it was approved38 the state board of education shall make an appropriate order for the bound- 39 aries of the affected school districts to be altered ; and the legal 40 descriptions of the school districts shall be corrected as prescribed in sec- 41 tion 33-307 (2), Idaho Code . 42 SECTION 3. An emergency existing therefor, which emergency is hereby 43 declared to exist, this act shall be in full force and effect on and after its 44 passage and approval.
STATEMENT OF PURPOSE
RS 07468
The purpose of this bill is to reduce and clarify procedures
for school district boundary changes.
FISCAL NOTE
No fiscal impact on the State. Possible minimum impact on
school districts as properties will be exchanged.
CONTACT: Rep. McKague
(208)332-1000
Dr. Darrell Loosle
State Department of Education
(208)332-6810
STATEMENT OF PURPOSE/ FISCAL NOTE
Bill No. H 509