2000 Legislation
Print Friendly

HOUSE BILL NO. 520 – School, continuance, election


View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact

Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History

H0520..........................................................by EDUCATION
SCHOOLS - CONTINUANCE - Amends existing law to require that a majority vote
shall decide the election for continuance or discontinuance of a school.
02/07    House intro - 1st rdg - to printing
02/08    Rpt prt - to Educ
03/01    Rpt out - rec d/p - to 2nd rdg
03/02    2nd rdg - to 3rd rdg
03/06    3rd rdg - PASSED - 59-3-8
      AYES -- Alltus, Barraclough, Bell, Bieter, Black, Bruneel, Callister,
      Campbell, Chase, Cheirrett, Clark, Crow, Cuddy, Deal, Denney,
      Ellsworth, Field(13), Field(20), Geddes, Gould, Hammond, Hansen(29),
      Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell,
      Lake, Linford, Loertscher, Meyer, Montgomery, Mortensen, Moss, Moyle,
      Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
      Schaefer(Tiegs), Sellman, Shepherd, Smith, Smylie, Stevenson,
      Stoicheff, Stone, Taylor, Tilman, Trail, Zimmermann, Mr Speaker
      NAYS -- Barrett, McKague, Wood
      Absent and excused -- Boe, Gagner, Hadley, Hansen(23), Kunz, Mader,
      Marley, Wheeler
    Floor Sponsor - Hansen(29)
    Title apvd - to Senate
03/07    Senate intro - 1st rdg - to Educ
03/15    Rpt out - rec d/p - to 2nd rdg
03/16    2nd rdg - to 3rd rdg
03/29    3rd rdg - PASSED - 28-0-7
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Darrington, Davis, Deide, Dunklin, Frasure, Hawkins, Ingram,
      Ipsen, Keough, King-Barrutia, Lee, Noh, Richardson, Riggs, Schroeder,
      Sorensen, Stegner, Stennett, Wheeler, Whitworth, Williams
      Absent and excused--Danielson, Geddes, McLaughlin, Parry, Risch,
      Sandy, Thorne
    Floor Sponsor - Davis
    Title apvd - to House
03/30    To enrol
03/31    Rpt enrol - Sp signed
04/03    Pres signed - to Governor
04/17    Governor signed
         Session Law Chapter 424
         Effective: 04/17/00

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 520
                                   BY EDUCATION COMMITTEE
  1                                        AN ACT
  5    Be It Enacted by the Legislature of the State of Idaho:
  6        SECTION 1.  That Section 33-511, Idaho Code, be, and the  same  is  hereby
  7    amended to read as follows:
  8        33-511.  MAINTENANCE OF SCHOOLS. The board of trustees of each school dis-
  9    trict shall have the following powers and duties:
 10        1.  Each  elementary  school district shall maintain at least one (1) ele-
 11    mentary school, and each other school district shall maintain at least one (1)
 12    elementary school and one (1) secondary school;
 13        2.  To employ necessary help and labor to maintain and operate the schools
 14    of the district;
 15        3.  To discontinue any school within the district whenever it  shall  find
 16    such  discontinuance  to  be  in the best interests of the district and of the
 17    pupils therein. For the purposes of this section, discontinuing a school shall
 18    mean no longer maintaining a school of any kind, at the same location,  except
 19    in the case of secondary units as herein provided.
 20        When  any school proposed to be discontinued is one which was operated and
 21    maintained by a former district now wholly incorporated within the  boundaries
 22    of the district operated by said board of trustees, and, immediately following
 23    reorganization  and  the  dissolution  of said former district such school has
 24    been continuously operated and maintained at the same location  by  the  pres-
 25    ently organized district, the board of trustees must first give notice of such
 26    proposal  not  later than the first day of July next preceding the date of the
 27    proposed discontinuance. Such notice shall be posted, and published  once,  in
 28    the  manner  provided  in  section  33-401, Idaho Code, and shall identify the
 29    school proposed to be discontinued.
 30        If, not later than the first day of August following the posting and  pub-
 31    lishing  of  the  notice  of discontinuance, five (5) or more qualified school
 32    district electors residing within the school district shall petition the board
 33    of trustees for an election to be held within the school district on the ques-
 34    tion of discontinuance of that school, the board of trustees  shall  forthwith
 35    order  an  election  to  be held within fourteen (14) days of the date of said
 36    order, and shall give notice of the election.
 37        Notice of such election shall be posted at or near the main  door  of  the
 38    school  proposed to be discontinued and at or near the main door of the admin-
 39    istrative offices of the school district, and shall also be published  in  one
 40    (1)  issue of a newspaper printed in the county in which is situate the school
 41    proposed to be discontinued. The notice shall state the date the  election  is
 42    to  be  held, the place of voting, and the hours between which the polls shall
 43    be open. In addition, the notice of election shall describe the  area  of  the
  1    particular  attendance  unit  of  the  school  district and shall identify the
  2    school proposed to be discontinued; and it shall  state  that  only  qualified
  3    school  district  electors residing within the school district may vote on the
  4    question of discontinuing the school.
  5        The election shall be held within the school district and there  shall  be
  6    submitted to the electors a ballot containing the proposal:
  7        For discontinuing the school located at ....,
  8        Against discontinuing the school located at .....
  9        If  two-thirds  (2/3)  a  majority  of the qualified electors, hereinabove
 10    defined and voting in the election,  shall  vote  against  discontinuing  that
 11    school, then said school shall not be discontinued; and no proposal to discon-
 12    tinue  the  same school shall be made by the board of trustees of the district
 13    within nine (9) months after the date of the election.
 14        If a secondary unit which the trustees of a district propose to  close  is
 15    more  than  thirty  (30) miles by all-weather road from the attendance unit to
 16    which it is proposed to transfer such students,  then,  notwithstanding  other
 17    provisions  of  this section, five (5) electors residing within the attendance
 18    area of the unit proposed to be closed may, as provided by this section, peti-
 19    tion the board of trustees requesting an election to determine whether or  not
 20    such  attendance  unit, or any portion of it, shall be closed. The board shall
 21    forthwith call and hold an election as herein provided. However, for the  pur-
 22    pose  of  this  section  relating to the secondary attendance unit thirty (30)
 23    miles or more distant from another secondary attendance unit, only the patrons
 24    resident in this attendance area shall be eligible to vote. The election shall
 25    be deemed passed and the unit shall not be closed if two-thirds (2/3) a major-
 26    ity of those voting in the election vote in favor of retaining the  attendance
 27    unit.
 28        SECTION  2.  An  emergency  existing  therefor,  which emergency is hereby
 29    declared to exist, this act shall be in full force and effect on and after its
 30    passage and approval.

Statement of Purpose / Fiscal Impact

                 STATEMENT OF PURPOSE
                       RS 09703 
     The purpose of this legislation is to change the vote from two-thirds to a majority
     of the electors to override the Board of Trustees to close a school.
                    FISCAL IMPACT
               Name:     Representative Reed Hansen
     Phone: 332 1000 
                                                                 STATEMENT OF PURPOSE/FISCAL NOTE                               H 520