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H0695aa....................................................by STATE AFFAIRS
SCHOOL ELECTIONS - Amends and repeals existing law to provide that the
county clerk shall perform all of the duties of the election official of a
school district; and to require school districts to comply with the
limitation of four elections per year.
02/25 House intro - 1st rdg - to printing
02/28 Rpt prt - to St Aff
03/10 Rpt out - to Gen Ord
03/14 Rpt out amen - to engros
03/15 Rpt engros - 1st rdg - to 2nd rdg as amen
03/16 2nd rdg - to 3rd rdg as amen
03/17 3rd rdg as amen - PASSED - 36-29-5
AYES -- Alltus, Barrett, Bell, Boe, Callister, Chase, Cheirrett,
Clark, Crow, Deal, Denney, Gagner, Geddes, Hadley, Hammond, Hornbeck,
Kunz, Loertscher, Mader, Marley, McKague, Meyer, Mortensen, Moss,
Moyle, Pearce, Pischner, Sali, Schaefer, Shepherd, Stevenson, Taylor,
Tilman, Wheeler, Zimmermann, Mr Speaker
NAYS -- Barraclough, Bieter, Black, Cuddy, Ellsworth, Field(13),
Field(20), Gould, Hansen(29), Henbest, Jaquet, Jones, Judd, Kempton,
Kendell, Linford, Montgomery, Pomeroy, Reynolds, Ridinger, Ringo,
Robison, Sellman, Smith, Smylie, Stoicheff, Stone, Trail, Wood
Absent and excused -- Bruneel, Campbell, Hansen(23), Kellogg, Lake,
Floor Sponsors - Kunz, Alltus
Title apvd - to Senate
03/20 Senate intro - 1st rdg as amen - to St Aff
H0695
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 695, As Amended
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE CONDUCT OF SCHOOL ELECTIONS; AMENDING SECTION 34-106, IDAHO
3 CODE, TO PROVIDE THAT SCHOOL ELECTIONS SHALL COMPLY WITH PROVISIONS LIMIT-
4 ING ELECTIONS, TO PROVIDE ADDITIONAL DATES FOR SUPPLEMENTAL OPERATION AND
5 MAINTENANCE LEVY ELECTION AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SEC-
6 TION 34-1401, IDAHO CODE, TO GOVERN CONDUCT OF SCHOOL DISTRICT ELECTIONS
7 BY THE COUNTY CLERK, TO PROVIDE FOR COSTS OF THE ELECTION AND TO MAKE A
8 TECHNICAL CORRECTION; AMENDING CHAPTER 14, TITLE 34, IDAHO CODE, BY THE
9 ADDITION OF A NEW SECTION 34-1411, IDAHO CODE, TO PROVIDE POSTELECTION
10 REMEDIES; AMENDING SECTION 34-1702, IDAHO CODE, TO GOVERN PETITIONS FOR
11 RECALL OF SCHOOL DISTRICT TRUSTEES AND TO MAKE TECHNICAL CORRECTIONS;
12 AMENDING SECTION 33-311, IDAHO CODE, TO PROVIDE CORRECT CODE CITATIONS;
13 AMENDING SECTION 33-312, IDAHO CODE, TO PROVIDE CORRECT CODE CITATIONS AND
14 TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 33-354, IDAHO CODE, TO
15 PROVIDE CORRECT CODE CITATIONS AND TO MAKE A TECHNICAL CORRECTION; AMEND-
16 ING SECTION 33-401, IDAHO CODE, TO REVISE THE STATEMENT OF LEGISLATIVE
17 INTENT GOVERNING CONDUCT OF SCHOOL ELECTIONS AND TO PROVIDE THAT SCHOOL
18 ELECTIONS SHALL BE CONDUCTED BY THE CLERK OF THE COUNTY; AMENDING SECTION
19 33-402, IDAHO CODE, TO STRIKE PROVISIONS GOVERNING NOTICE OF SCHOOL ELEC-
20 TIONS; AMENDING SECTION 33-404, IDAHO CODE, TO PROVIDE NOTICE REQUIREMENTS
21 OF POLLING PLACES; AMENDING SECTION 33-405, IDAHO CODE, TO GOVERN QUALIFI-
22 CATIONS OF ELECTORS FOR SCHOOL TRUSTEES; AMENDING SECTION 33-408, IDAHO
23 CODE, TO PROVIDE A REFERENCE TO PROVISIONS OF LAW; AMENDING SECTION
24 33-409, IDAHO CODE, TO PROVIDE A REFERENCE TO GOVERNING LAW AND TO CLARIFY
25 CONDUCT OF ELECTIONS; AMENDING SECTION 33-502B, IDAHO CODE, TO PROVIDE
26 DEADLINES FOR DECLARATION THAT NO ELECTION WILL BE HELD; AMENDING SECTION
27 33-503, IDAHO CODE, TO PROVIDE THAT ELECTION OF SCHOOL DISTRICT TRUSTEES
28 SHALL BE BY VOTES CAST BY THE ELECTORS OF THE TRUSTEE ZONE AND SHALL COM-
29 PLY WITH PROVISIONS OF CHAPTER 14, TITLE 34, IDAHO CODE, AND TO PROVIDE A
30 DISTRICTWIDE ELECTION OPTION; AMENDING SECTION 33-504, IDAHO CODE, TO GOV-
31 ERN TERMS OF APPOINTEES TO FILL VACANCIES ON THE BOARD OF TRUSTEES AND TO
32 MAKE A TECHNICAL CORRECTION; AMENDING SECTION 33-601, IDAHO CODE, TO PRO-
33 VIDE CORRECT CODE CITATIONS; AMENDING SECTION 33-803, IDAHO CODE, TO PRO-
34 VIDE CORRECT CODE CITATIONS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING
35 SECTION 33-1103, IDAHO CODE, TO PROVIDE CORRECT CODE CITATIONS AND TO MAKE
36 TECHNICAL CORRECTIONS; AMENDING SECTIONS 33-1510 AND 33-2111, IDAHO CODE,
37 TO PROVIDE CORRECT CODE CITATIONS; AMENDING SECTION 63-1309, IDAHO CODE,
38 TO AUTHORIZE ELECTIONS ON BEHALF OF A SCHOOL DISTRICT WITHIN FIVE MONTHS;
39 REPEALING SECTIONS 33-403, 33-403A, 33-403B, 33-405A, 33-405B, 33-406,
40 33-406A, 33-407, 33-410, 33-411, 33-412, 33-413, 33-414, 33-415, 33-416,
41 33-417, 33-418, 33-419, 33-420, 33-421, 33-422, 33-423, 33-424, 33-428,
42 33-429, 33-430, 33-431, 33-432, 33-433, 33-434, 33-435, 33-436, 33-437,
43 33-438, 33-439, 33-440, 33-441, 33-442, 33-502C AND 33-502D, IDAHO CODE;
44 AND PROVIDING AN EFFECTIVE DATE.
45 Be It Enacted by the Legislature of the State of Idaho:
2
1 SECTION 1. That Section 34-106, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 34-106. LIMITATION UPON ELECTIONS. On and after January 1, 1994, notwith-
4 standing any other provisions of the law to the contrary, there shall be no
5 more than four (4) elections conducted in any county in any calendar year,
6 except as provided in this section, and except that elections to fill vacan-
7 cies in the United States house of representatives shall be held as provided
8 in the governor's proclamation.
9 (1) The dates on which elections may be conducted are:
10 (a) tThe first Tuesday in February of each year; and
11 (b) tThe fourth Tuesday in May of each year; and
12 (c) tThe first Tuesday in August of each year; and
13 (d) tThe Tuesday following the first Monday in November of each year.
14 (e) In addition to the elections specified in paragraphs (a) through (d)
15 of this subsection, an election on the question of a supplemental mainte-
16 nance and operation levy, pursuant to section 33-802 4., Idaho Code, may
17 be conducted on the first Tuesday of April, June or September which is
18 thirty-one (31) or more days from the last permitted election date. Such a
19 special election shall be conducted at the expense of the school district
20 submitting the question.
21 (f) In addition to the elections specified in paragraphs (a) through
22 (de) of this subsection, an emergency election may be called upon motion
23 of the governing board of a political subdivision. An emergency exists
24 when there is a great public calamity, such as an extraordinary fire,
25 flood, storm, epidemic, or other disaster, or if it is necessary to do
26 emergency work to prepare for a national or local defense, or it is neces-
27 sary to do emergency work to safeguard life, health or property. Such a
28 special election, if conducted by the county clerk, shall be conducted at
29 the expense of the political subdivision submitting the question.
30 (2) Candidates for office elected in February, May or August shall take
31 office on the date specified in the certificate of election but not more than
32 sixty (60) days following the election.
33 (3) Candidates for office elected in November shall take office as pro-
34 vided in the constitution, or on January 1, next succeeding the November elec-
35 tion.
36 (4) The governing board of each political subdivision subject to the pro-
37 visions of this section, which, prior to January 1, 1994, conducted an elec-
38 tion for members of that governing board on a date other than a date permitted
39 in subsection (1) of this section, shall establish as the election date for
40 that political subdivision the date authorized in subsection (1) of this sec-
41 tion which falls nearest the date on which elections were previously con-
42 ducted, unless another date is established by law.
43 (5) The secretary of state is authorized to provide such assistance as
44 necessary, and to prescribe any needed rules, regulations or interpretations
45 for the conduct of election authorized under the provisions of this section.
46 (6) School districts governed by title 33, Idaho Code, and wWater dis-
47 tricts governed by chapter 6, title 42, Idaho Code, are exempt from the provi-
48 sions of this section.
49 (7) Initiative, referendum and recall elections conducted by any politi-
50 cal subdivision shall be held on the nearest date authorized in subsection (1)
51 of this section which falls more than forty-five (45) days after the clerk of
52 the political subdivision orders that such initiative, referendum or recall
53 election shall be held.
3
1 SECTION 2. That Section 34-1401, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 34-1401. ELECTION ADMINISTRATION. Notwithstanding any provision to the
4 contrary, the election official of each political subdivision shall administer
5 all elections on behalf of any political subdivision, subject to the provi-
6 sions of this chapter, including all special district elections and elections
7 of special questions submitted to the electors as provided in this chapter.
8 School districts governed by title 33, Idaho Code, and wWater districts gov-
9 erned by chapter 6, title 42, Idaho Code, irrigation districts governed by
10 title 43, Idaho Code, ground water districts governed by chapter 52, title 42,
11 Idaho Code, and municipal elections governed by the provisions of chapter 4,
12 title 50, Idaho Code, are exempt from the provisions of this chapter. All
13 municipal elections shall be conducted pursuant to the provisions of chapter
14 4, title 50, Idaho Code, except that they shall be governed by the elections
15 dates authorized in section 34-106, Idaho Code, the registration procedures
16 prescribed in section 34-1402, Idaho Code, and the time the polls are open
17 pursuant to section 34-1409, Idaho Code. For the purposes of achieving uni-
18 formity, the secretary of state shall, from time to time, provide directives
19 and instructions to the various county clerks and political subdivision elec-
20 tion officials. Unless a specific exception is provided in this chapter, the
21 provisions of this chapter shall govern in all questions regarding the conduct
22 of elections on behalf of all political subdivisions. In all matters not spe-
23 cifically covered by this chapter, other provisions of title 34, Idaho Code,
24 governing elections shall prevail over any special provision which conflicts
25 therewith.
26 A political subdivision may contract with the county clerk to conduct all
27 or part of the elections for that political subdivision. A school district
28 shall contract with the county clerk to conduct all elections of the district.
29 In the event of such a contract, the county clerk shall perform all necessary
30 duties of the election official of a political subdivision including, but not
31 limited to, notice of the filing deadline, designation of polling places,
32 notice of the election, and preparation of the election calendar. The county
33 clerk may collect from the school or other special district reasonable costs
34 in excess of the normal costs of a county election incurred in the performance
35 of a contract to conduct an election for the district. Determination of the
36 amount to be paid may be appealed to the board of county commissioners and the
37 decision of the board is final.
38 SECTION 3. That Chapter 14, Title 34, Idaho Code, be, and the same is
39 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
40 ignated as Section 34-1411, Idaho Code, and to read as follows:
41 34-1411. POSTELECTION REMEDIES. Any qualified elector of a district may
42 apply to the election official charged with the conduct of the election for a
43 recount of election results, or at the option of the election official, the
44 official may order a recount. If a recount results in a change in the outcome,
45 the costs shall be assessed to the office of the election official. If there
46 is no change in the outcome of the election, the costs shall be assessed to
47 the elector who applied for the recount. If costs of the recount may be antic-
48 ipated to exceed five hundred dollars ($500), a deposit for projected costs
49 may be required. An application for a recount pursuant to this section shall
50 be made within twenty (20) days of the canvass of the election. To the extent
51 appropriate, the provisions of chapter 23, title 34, Idaho Code, shall be
52 applied to a recount pursuant to this section.
4
1 SECTION 4. That Section 34-1702, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 34-1702. REQUIRED SIGNATURES ON PETITION. A petition for recall of an
4 officer shall be instituted by filing with the appropriate official a verified
5 written petition requesting such recall.
6 (1) If the petition seeks recall of any of the officers named in subsec-
7 tion (1)(a) of section 34-1701, Idaho Code, the petition shall be filed with
8 the secretary of state, and must be signed by registered electors equal in
9 number to twenty per cent percent (20%) of the number of electors registered
10 to vote at the last general election held to elect a governor.
11 (2) If the petition seeks recall of any of the officers named in subsec-
12 tion (1)(b) of section 34-1701, Idaho Code, the petition shall be filed with
13 the secretary of state, and must be signed by registered electors of the leg-
14 islative district equal in number to twenty per cent percent (20%) of the num-
15 ber of electors registered to vote at the last general election held in the
16 legislative district at which the member was elected.
17 (3) If the petition seeks recall of any of the officers named in subsec-
18 tion (2)(a) of section 34-1701, Idaho Code, the petition shall be filed with
19 the county clerk, and must be signed by registered electors of the county
20 equal in number to twenty per cent percent (20%) of the number of electors
21 registered to vote at the last general election held in the county for the
22 election of county officers at which the officer was elected.
23 (4) If the petition seeks recall of any of the officers named in subsec-
24 tion (3) of section 34-1701, Idaho Code, the petition shall be filed with the
25 city clerk, and must be signed by registered electors of the city equal in
26 number to twenty per cent percent (20%) of the number of electors registered
27 to vote at the last general city election held in the city for the election of
28 officers.
29 (5) If the petition seeks recall of any of the officers named in subsec-
30 tion (4) of section 34-1701, Idaho Code, the petition shall be filed with the
31 county clerk of the county wherein the district is located. If the district is
32 located in two (2) or more counties, the clerk in each county shall perform
33 the functions within that county. The petition must be signed by registered
34 electors of the district equal in number to fifty per cent percent (50%) of
35 the number of electors who cast votes in the last election of the district
36 except that for a school district, the petition must be signed by registered
37 electors of the district equal in number to twenty percent (20%) of the number
38 of electors who cast votes for all candidates at the election at which the
39 school trustee was elected.
40 SECTION 5. That Section 33-311, Idaho Code, be, and the same is hereby
41 amended to read as follows:
42 33-311. PLAN OF CONSOLIDATION SUBMITTED TO ELECTORS. The state board of
43 education may approve or disapprove any plan proposing consolidation, and if
44 it approves the same it shall give notice thereof to the board of trustees of
45 each school district proposing to consolidate and to the board of county com-
46 missioners in each county in which the proposed consolidated district would
47 lie. Notice to the board of county commissioners shall include the legal
48 description of the boundaries of the proposed consolidated district and a
49 brief statement of the approved proposal, and shall be accompanied by a map of
50 the proposed consolidated district.
51 Not more than ten (10) days after receiving the notice from the state
52 board of education, each board of county commissioners receiving such notice
5
1 shall enter the order calling for an election on the question of approving or
2 disapproving, and shall cause notice of such election to be posted and pub-
3 lished. The notice shall be posted and published, the election shall be held
4 and conducted and its results canvassed, in the manner and form of sections
5 33-401 through 33-406 title 34, Idaho Code.
6 If the qualified school electors of any one (1) district proposing to con-
7 solidate, and voting in the election, shall constitute a majority of all such
8 electors voting in the entire area of the proposed consolidated district, the
9 proposed consolidation shall not be approved unless a majority of such elec-
10 tors in such district, voting in the election, and a majority of such electors
11 in each of the remaining districts, voting in the election, shall approve the
12 proposed consolidation.
13 If the qualified school electors in no one (1) of the districts proposing
14 to consolidate, and voting in the election, constitute a majority of all such
15 electors voting in the entire area of the proposed consolidated district, the
16 proposed consolidation shall not be approved unless a majority of all such
17 electors in each district, voting in the election, shall approve the proposed
18 consolidation.
19 In any plan of consolidation the existing bonded debt of any district or
20 districts proposing to consolidate, shall not become the obligation of the
21 proposed consolidated school district. The debt or debts shall remain an obli-
22 gation of the property within the districts proposing the consolidation. Upon
23 voter approval of the proposed consolidation, the districts proposing to con-
24 solidate shall become subdistricts of the new district as if they had been
25 created under the provisions of section 33-351, Idaho Code. The subdistricts
26 shall be called bond redemption subdistricts. The powers and duties of such
27 bond redemption subdistricts shall not include authority to incur new indebt-
28 edness within the subdistricts.
29 When a consolidation is approved, as hereinabove prescribed, a new school
30 district is thereby created, and the board of county commissioners of any
31 county in which the consolidated district lies shall enter its order showing
32 the creation of the district and a legal description of its boundaries.
33 SECTION 6. That Section 33-312, Idaho Code, be, and the same is hereby
34 amended to read as follows:
35 33-312. DIVISION OF SCHOOL DISTRICT. A school district may be divided so
36 as to form not more than two (2) districts each of which must have continuous
37 boundaries, in the manner hereinafter provided, except that any district which
38 operates and maintains a secondary school or schools shall not be divided
39 unless the two (2) districts created out of the division shall each operate
40 and maintain a secondary school or schools immediately following such divi-
41 sion.
42 A proposal to divide a school district may be initiated by its board of
43 trustees and submitted to the state board of education. Such proposal shall
44 contain all of the information required in a proposal to consolidate school
45 districts as may be relevant to a proposal to divide a school district. It
46 shall also show the manner in which it is proposed to divide or apportion the
47 property and liabilities of the district, the names and numbers of the pro-
48 posed new districts, and legal description of the proposed trustee zones.
49 Before submitting any proposal to divide a school district, the board of
50 trustees shall hold a hearing or hearings on the proposal within the district.
51 Notice of such hearing or hearings shall be posted by the clerk of the board
52 of trustees in not less than three (3) public places within the district, one
53 (1) of which places shall be at or near the main door of the administrative
6
1 offices of the school district, for not less than ten (10) days before the
2 date of such hearing or hearings.
3 The state board of education may approve or disapprove any such proposal
4 submitted to it, and shall give notice thereof in the manner of a proposal to
5 consolidate school districts; except, that the state board of education shall
6 not approve any proposal which would result in a district to be created by the
7 division having or assuming a bonded debt in an amount exceeding the limita-
8 tions imposed by law, or which would leave the area of any city or village in
9 more than one (1) school district.
10 If the state board of education shall approve the proposal to divide the
11 district, notice of the election shall be published, the election shall be
12 held and conducted, and the ballots shall be canvassed, according to the pro-
13 visions of sections 33-401--33-406 title 34, Idaho Code. The division shall be
14 approved only if a majority of all votes cast at said special election by the
15 school district electors residing within the entire existing school district
16 and voting in the election are in favor of the division of such district, and
17 a majority of all votes cast at said special election by the qualified voters
18 within that portion of the proposed new district having a minority of the num-
19 ber of qualified voters, such portion to be determined by the number of votes
20 cast in each area which is a contemplated new district, are in favor of the
21 division of the district, and upon such approval two (2) new school districts
22 shall be thereby created. The organization and division of all school dis-
23 tricts which have divided since June 30, 1963, are hereby validated.
24 If the division be approved, as herein provided, the board of canvassers
25 shall thereupon notify the state board of education and the trustees of the
26 district which has been divided. The state board shall give notice to the
27 board of county commissioners of any county in which the newly created dis-
28 tricts may lie.
29 SECTION 7. That Section 33-354, Idaho Code, be, and the same is hereby
30 amended to read as follows:
31 33-354. INDEBTEDNESS -- BOND ISSUES. School subdistricts may incur debt
32 and issue bonds for the purpose of acquiring, purchasing or improving a school
33 site or sites, acquiring or constructing new school houses schoolhouses,
34 remodeling existing buildings, constructing additions thereto, including all
35 necessary furnishings and equipment, and all lighting, heating, ventilation,
36 sanitation facilities and appliances necessary to operate the buildings of the
37 new school subdistrict. The governing body of a school subdistrict may submit
38 to the qualified electors of the school subdistrict the question of whether
39 the governing body of the school subdistrict shall be empowered to issue nego-
40 tiable bonds of the school subdistrict in an amount and for a period of time
41 to be named in the notice of election. Notice of the bond election shall be
42 given, the election shall be conducted and the returns thereof canvassed and
43 the qualifications of electors voting or offering to vote shall be as provided
44 in sections 33-402 through 33-423 title 34, Idaho Code. The question of the
45 issuance of such bonds shall be approved only if the percentage of votes cast
46 at such election were cast in favor thereof as that which is now, or may here-
47 after be, set by the constitution of the state of Idaho. All such bonds shall
48 be authorized, issued and sold pursuant to the provisions of sections 33-1107
49 through 33-1125, Idaho Code. No bonds of a school subdistrict may be issued,
50 however, if the issuance of such bonds would cause the percentage of market
51 value for assessment purposes of taxable property within the boundaries of the
52 school subdistrict represented by the aggregate outstanding indebtedness of
53 the school subdistrict, when added to the percentage of the assessed valuation
7
1 of taxable property represented by the aggregate outstanding indebtedness of
2 the school district within which the school subdistrict lies, to exceed five
3 percent (5%). As used in the preceding sentence hereof, "market value for
4 assessment purposes," "aggregate outstanding indebtedness" and "issuance"
5 shall have the same meanings as set forth in section 33-1103, Idaho Code. Upon
6 the approval of the issuance of such bonds, the same may be issued by the gov-
7 erning body of the school subdistrict on behalf of the school subdistrict at
8 any time within two (2) years from the date of such election. Wherever in sec-
9 tions 33-402 through 33-423 title 34, Idaho Code, and in sections 33-1107
10 through 33-1125, Idaho Code, reference is made to "school district"; for pur-
11 poses of this act it shall be deemed to refer to school subdistricts.
12 SECTION 8. That Section 33-401, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 33-401. LEGISLATIVE INTENT. The legislature finds that a comprehensive
15 and integrated statutory scheme for the conduct of school elections is criti-
16 cal to the public's understanding of and confidence in the public school elec-
17 tion system. It is therefore the intent of the legislature that with the
18 exception of chapter 24, title 34, Idaho Code, and the provisions of title 18,
19 Idaho Code, which and the provisions of title 34, Idaho Code, shall be fully
20 applicable, or unless otherwise specifically provided, and shall govern all
21 school elections. shall be governed by the provisions of this chapter. All
22 school elections shall be administered by the clerk of the county wherein the
23 district lies. Elections in a joint school district shall be conducted jointly
24 by the clerks of the respective counties, and the clerk of the home county
25 shall exercise such powers as are necessary to coordinate the election.
26 SECTION 9. That Section 33-402, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 33-402. NOTICE REQUIREMENTS. a. Notice of all school elections must be
29 given by posting and publishing notice of said elections and such notice shall
30 state:
31 1. The date of holding the election;
32 2. The hours between which the polls will be open;
33 3. The definite place or places of holding the election;
34 4. In the case of election of trustees, the offices to be filled, the
35 trustee zones, and a statement that declarations of candidacy must be
36 filed not later than 5:00 p.m. on the fifth Friday prior to the day of the
37 election;
38 5. In the case of bond election, the amount of the issue, the purpose and
39 period of the issue;
40 6. In the case of the assumption of a debt, the amount of any such debt
41 to be assumed by each district, or part of a district; and
42 7. In all other elections, a brief statement of the question being sub-
43 mitted to the electors.
44 b. In school elections involving (i) the incurring or increasing of a
45 debt, (ii) approving a levy for a plant facilities reserve fund and term
46 thereof, (iii) excising and annexing territory, (iv) consolidating districts,
47 or (v) dividing a district, notice of the election shall be posted not less
48 than twenty-one (21) days prior to the day of the election in at least three
49 (3) places in each district participating in or affected by such election, one
50 (1) of which places shall be at or near the main door of the administrative
51 offices of each such district, and by publishing at least once each week for
8
1 three (3) consecutive weeks prior to the day of the election in a newspaper as
2 provided in section 60-106, Idaho Code, published in the county or in any
3 county in which such district may lie and having general circulation within
4 such district.
5 c. Notice of all other school elections shall be given in the same man-
6 ner, except that the posting shall be for not less than ten (10) days, and
7 publishing shall be at least once each week for two (2) consecutive weeks
8 prior to the day of the election.
9 d. Notice of the deadline for filing declaration of candidacy for elec-
10 tion of trustees shall be posted for not less than ten (10) days and published
11 at least once each week for two (2) consecutive weeks prior to the last day
12 for filing nominating petitions as required by section 33-502, Idaho Code.
13 e. In elections for excising and annexing the territory of school dis-
14 tricts, or to create new school districts by consolidation or division, the
15 clerk of the board of county commissioners of the county in which the district
16 lies, or of the home county if the district be a joint district, shall pre-
17 pare, post, sign and arrange for the publishing of, the notice of election. In
18 all other elections it shall be the duty of the clerk of the board of trustees
19 so to do.
20 f.(1) Notice of annual meeting of elementary school districts as provided
21 for in section 33-510, Idaho Code, and of intent to discontinue a school, as
22 provided for in section 33-511, Idaho Code, and annual budget hearing as pro-
23 vided for in section 33-801, Idaho Code, shall be given by posting and pub-
24 lishing as outlined in subsection b of this section except that posting shall
25 be for not less than ten (10) days, and publishing shall be once in a news-
26 paper as provided in section 60-106, Idaho Code, published within the dis-
27 trict, or, if there be none, then in a newspaper as provided in section
28 60-106, Idaho Code, published in the county in which such district lies. If
29 more than one (1) newspaper is printed and published in said district or
30 county, then in the newspaper most likely to give best general notice of the
31 election within said district; provided that if no newspaper is published in
32 the said district or county, then in a newspaper as provided in section
33 60-106, Idaho Code, most likely to give best general notice of the election
34 within the district.
35 g.(2) Notices calling for bids for the acquisition, use, or disposal of
36 real and personal property as provided for in section 33-601, Idaho Code, and
37 contracting for transportation services as provided for in section 33-1510,
38 Idaho Code, shall be given by publishing twice, not less than one (1) week
39 apart in a newspaper as provided in section 60-106, Idaho Code, published
40 within the district, or, if there be none, then in a newspaper as provided in
41 section 60-106, Idaho Code, published in the county in which such district
42 lies. If more than one (1) newspaper is printed and published in said district
43 or county, then in the newspaper most likely to give best general notice of
44 the election within said district; provided that if no newspaper is published
45 in the said district or county, then in a newspaper as provided in section
46 60-106, Idaho Code, most likely to give best general notice of the election
47 within the district. The notice inviting bids shall set a date and place for
48 opening bids. The first publication of the notice shall be at least two (2)
49 weeks before the date of opening the bids; except that the notice for con-
50 tracting for transportation services shall be made not less than four (4)
51 weeks before the date of opening bids.
52 h.(3) Proof of posting notice shall be upon the affidavit of the person
53 posting the same; and proof of publication shall be upon the affidavit of the
54 publisher of the newspaper or newspapers respectively. Such affidavits shall
55 be filed with his board by the clerk responsible for the posting and the pub-
9
1 lishing of said notice, before the day of the election named in the notice.
2 SECTION 10. That Section 33-404, Idaho Code, be, and the same is hereby
3 amended to read as follows:
4 33-404. PLACES ELECTIONS TO BE HELD. In elections involving excision and
5 annexation of territory, or the consolidation of school districts, or the
6 division of a school district, each notice of election shall designate that
7 polling places shall be established, as follows:
8 In an election involving excision and annexation of territory, polling
9 places shall be established in the district to which the territory or area is
10 to be annexed; in the territory or area to be annexed; and in the remainder of
11 the school district from which the territory or area is to be excised.
12 In an election involving consolidation of school districts, polling places
13 shall be established in each district proposed to be consolidated.
14 In an election involving the division of a school district, polling places
15 shall be established in each proposed trustee zone of each school district
16 proposed to be created by the division.
17 In any school election held within a joint school district, polling places
18 shall be designated and established, within such district, in each county in
19 which ten (10) or more electors of the district reside. In an area where less
20 than ten (10) electors reside, a polling place shall be designated upon peti-
21 tion to the board of trustees, received not less than twenty-eight (28) days
22 preceding the date of the election, of three (3) or more electors within the
23 affected area, or may be designated at the option of the board of trustees.
24 SECTION 11. That Section 33-405, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 33-405. QUALIFICATIONS OF SCHOOL ELECTORS. Any person voting, or offering
27 to vote, in any school election must be, at the time of the election eighteen
28 (18) years of age and a United States citizen who has resided in this state
29 and in the school district at least thirty (30) days next preceding the elec-
30 tion in which the elector desires to vote. In the case of election of
31 trustees, the elector must be a resident of the same trustee zone as the can-
32 didate or candidates for school district trustees for whom the elector offers
33 to vote for at least thirty (30) days next preceding the election in which the
34 elector desires to vote.
35 Registration requirements set forth in chapter 4, title 34, Idaho Code,
36 shall be applicable to school elections, and in addition to the foregoing
37 qualifications, a school elector shall have executed, in writing and immedi-
38 ately before voting, a form of elector's oath attesting that he or she pos-
39 sesses the qualifications of a school elector prescribed by this section and
40 indicating the mailing address, residence address or any other necessary
41 information definitely locating the residence of the school elector. The elec-
42 tor may be required to furnish to the election official proof of residence,
43 which proof shall be established by either an Idaho motor vehicle driver's
44 license or any other document definitely establishing the elector's residence
45 within the school district or trustee zone.
46 SECTION 12. That Section 33-408, Idaho Code, be, and the same is hereby
47 amended to read as follows:
48 33-408. ELECTION CONTESTS -- GROUNDS OF CONTEST. The election of any per-
49 son to a school board of trustees, or an election concerning any proposition
10
1 submitted to a vote of the people in a school district election may be con-
2 tested:
3 1. For malconduct, fraud, or corruption on the part of the judges of
4 election in any polling place or of any board of canvassers, or any member
5 of either board sufficient to change the result.
6 2. When the incumbent was not eligible to the office at the time of the
7 election.
8 3. When the incumbent has been convicted of felony, unless at the time of
9 the election he shall have been restored to civil rights.
10 4. When the incumbent has given or offered to any elector, or any judge,
11 clerk or canvasser of the election, any bribe or reward in money, property
12 or anything of value for the purpose of procuring his election.
13 5. When illegal votes have been received or legal votes rejected at the
14 polls sufficient to change the result.
15 6. For any error in any board of canvassers in counting votes or in
16 declaring the result of the election, if the error would change the
17 result.
18 7. When the incumbent is in default as a collector and custodian of pub-
19 lic money or property.
20 8. For any cause which shows that another person was legally elected.
21 9. For any cause which shows that the election was not conducted in con-
22 formance with the provisions of this chapter law.
23 SECTION 13. That Section 33-409, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 33-409. BOND ELECTION AND LEVY INCREASES -- TIME FOR FILING -- VALIDATION
26 OF ELECTIONS AND BONDS. a. The provisions of this chapter 4, title 33, and
27 chapter 14, title 34, Idaho Code, with respect to the contest of school dis-
28 trict elections shall be applicable to bond elections conducted by for school
29 districts and to elections conducted by for school districts for levy
30 increases as authorized by sections 33-802, 33-803 and 33-804, Idaho Code. Any
31 such contest shall be regarded as one contesting the outcome of the vote on
32 the bond or levy proposition, rather than election to office, and the school
33 district calling the election rather than a person declared to have been
34 elected to office, shall be regarded as the defendant.
35 b. When the validity of any bond or levy election is contested upon any
36 of the grounds enumerated in section 33-408, Idaho Code, the plaintiff or
37 plaintiffs must, within forty (40) days after the votes are canvassed and the
38 results thereof declared, file in the proper court a verified written com-
39 plaint setting forth, in addition to the other requirements of this chapter,
40 the following:
41 1. The name of the party contesting the bond or levy election, and that
42 he is an elector of the school district conducting ordering the bond or
43 levy election.
44 2. The proposition or propositions voted on at the election which are
45 contested.
46 3. The particular grounds of such contest.
47 c. No such election contest shall be maintained and no bond or levy elec-
48 tion shall be set aside or held invalid unless a complaint is filed as permit-
49 ted hereunder within the period prescribed in this section. As to bond or levy
50 elections which have been held prior to the effective date of section
51 34-2001A, Idaho Code, no such contest shall be maintained wherein it is
52 alleged that the election should be set aside or held on any ground enumerated
53 in section 33-408, Idaho Code, unless such election contest be filed as herein
11
1 provided within forty (40) days from and after the effective date of section
2 34-2001A, Idaho Code.
3 d. All bond elections conducted ordered by school districts prior to the
4 effective date of section 34-2001A, Idaho Code, and all proceedings had in the
5 authorization and issuance of the bonds authorized thereat, are hereby vali-
6 dated, ratified and confirmed and all such bonds are declared to constitute
7 legally binding obligations in accordance with their terms. Nothing in the
8 provisions of this section shall be construed to affect or validate any bond
9 election, or bonds issued pursuant thereto, the legality of which is being
10 contested at the time this section takes effect, or any election the legality
11 of which is contested within the forty (40) day period from and after the
12 effective date of section 34-2001A, Idaho Code.
13 SECTION 14. That Section 33-502B, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 33-502B. BOARD OF TRUSTEES -- ONE NOMINATION -- NO ELECTION. In any elec-
16 tion for trustees, if, after the expiration of the date for filing written
17 nominations for the office of trustee, it appears that only one (1) qualified
18 candidate has been nominated for a position to be filled or if only one (1)
19 candidate has filed a write-in declaration of intent as provided by section
20 33-502A, Idaho Code, no election shall be held for that position, and the
21 board of trustees or the school district clerk with the written permission of
22 the board, shall within four (4) ten (10) days before the scheduled date of
23 the election declare such candidate elected as a trustee, and the school dis-
24 trict clerk shall immediately prepare and deliver to the person a certificate
25 of election signed by him and bearing the seal of the district. The procedure
26 set forth in this section shall not apply to any other school district elec-
27 tion.
28 SECTION 15. That Section 33-503, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 33-503. ELECTION OF TRUSTEES -- UNIFORM DATE. The election of school dis-
31 trict trustees including those in charter districts shall be on the third
32 fourth Tuesday in May. Notice and conduct of the election, and the canvassing
33 of the returns shall be as provided in sections 33-401--33-406 chapter 14,
34 title 34, Idaho Code. In each trustee zone, the person receiving the greatest
35 number of votes cast within his the zone shall be declared by the board of
36 trustees as the trustee elected from that zone.
37 If any two (2) or more persons have an equal number of votes in any
38 trustee zone and a greater number than any other nominee in that zone, the
39 board of trustees shall determine the winner by a toss of a coin.
40 Subject to the approval of the electors of the district, the election of
41 school trustees may be conducted districtwide provided that the district shall
42 be divided into zones, and each zone shall be represented by a trustee who
43 resides within the zone but is voted upon by all residents of the district.
44 The districtwide election option may be submitted to the electors by the board
45 of trustees or shall be submitted upon petition by twenty percent (20%) of the
46 electors who cast ballots in the last election of the district. The election
47 shall be conducted as other elections of the district and the question shall
48 be approved if a majority of the votes cast are in favor of the question.
49 SECTION 16. That Section 33-504, Idaho Code, be, and the same is hereby
50 amended to read as follows:
12
1 33-504. VACANCIES ON BOARDS OF TRUSTEES. A vacancy shall be declared by
2 the board of trustees when any nominee has been elected but has failed to
3 qualify for office, or within thirty (30) days of when any trustee shall: (a)
4 die; (b) resign as trustee; (c) remove himself from his trustee zone of resi-
5 dence; (d) no longer be a resident or school district elector of the district;
6 (e) refuse to serve as trustee; (f) without excuse acceptable to the board of
7 trustees, fail to attend four (4) consecutive regular meetings of the board;
8 or (g) be recalled and discharged from office as provided in section 33-439,
9 Idaho Code by law.
10 Such declaration of vacancy shall be made at any regular or special meet-
11 ing of the board of trustees, at which any of the above-mentioned conditions
12 are determined to exist.
13 The board of trustees shall appoint to such vacancy a person qualified to
14 serve as trustee of the school district provided there remains in membership
15 on the board of trustees a majority of the membership thereof, and the board
16 shall notify the state superintendent of public instruction of the appoint-
17 ment. Such appointment shall be made within ninety (90) days of the declara-
18 tion of vacancy. Otherwise, appointments shall be made by the board of county
19 commissioners of the county in which the district is situate, or of the home
20 county if the district be a joint district.
21 Any person appointed as herein provided shall serve until the annual meet-
22 ing of school district trustees next following such appointment. At the annual
23 election a trustee shall be elected to complete the unexpired term of the
24 office which was declared vacant and filled by appointment.
25 The elected trustee shall assume office at the annual meeting of the
26 school district next following the election.
27 SECTION 17. That Section 33-601, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 33-601. REAL AND PERSONAL PROPERTY -- ACQUISITION, USE OR DISPOSAL OF
30 SAME. The board of trustees of each school district shall have the following
31 powers and duties:
32 1. To rent to or from others, school buildings or other property used, or
33 to be used, for school purposes.
34 2. To contract for the construction, repair, or improvement of any real
35 property, or the acquisition, purchase or repair of any equipment, or other
36 personal property necessary for the operation of the school district.
37 Except for the purchase of curricular materials as defined in section
38 33-118A, Idaho Code, no such contract shall be executed which entails the
39 expenditure of fifteen thousand dollars ($15,000) or more without notice first
40 being given by publishing twice in the manner required by subsections g. and
41 h. of section 33-402, Idaho Code, unless in cooperation with the division of
42 purchasing or cooperative agency established pursuant to chapter 23, title 67,
43 and/or sections 33-315 through 33-318, Idaho Code. The board of trustees may
44 let the contract to the lowest responsible bidder, or reject any bid, or
45 reject all bids and publish notice for bids, as before. If, thereafter, no
46 satisfactory bid is received, the board may proceed under its own direction,
47 subject to the approval of the state board of education.
48 3. To designate and purchase any real property necessary for school pur-
49 poses or in the operation of the district, the provisions of subsection 2. of
50 this section notwithstanding, or remove any building, or dispose of any real
51 property. The board of trustees shall determine the size of the site necessary
52 for school purposes. The site shall be located within the incorporated limits
53 of any city within the district; provided, however, that if the board finds
13
1 that it is not in the best interests of the electors and the students of the
2 district to locate the site within the incorporated limits of a city, the
3 board, by duly adopted resolution setting forth the reasons for its finding,
4 may designate a site located elsewhere within the district. In elementary
5 school districts, except upon removal for highway purposes, a site may be des-
6 ignated or changed only after approval of two-thirds (2/3) or more of the
7 electors voting at the annual meeting.
8 4. (a) To convey, except as provided by (b) of this subsection, by deed,
9 bill of sale, or other appropriate instrument, all of the estate and
10 interest of the district in any property, real or personal. In elementary
11 school districts, except such conveyance as is authorized by subsection 6.
12 of this section, any of the transactions authorized in this subsection
13 shall be subject to the approval of two-thirds (2/3) or more of the elec-
14 tors voting at the annual meeting.
15 Prior to such sale or conveyance, the board shall have the property
16 appraised by three (3) disinterested residents of the district, which
17 appraisal shall be entered in the records of the board of trustees. The
18 property may be sold at public auction or by sealed bids, as the board of
19 trustees shall determine, to the highest bidder. Such property may be sold
20 for cash or for such terms and conditions as the board of trustees shall
21 determine for a period not exceeding ten (10) years, with the annual rate
22 of interest on all deferred payments not less than seven percent (7%) per
23 annum. The title to all property sold on contract shall be retained in
24 the name of the school district until full payment has been made by the
25 purchaser, and title to all property sold under a note and mortgage or
26 deed of trust shall be transferred to the purchaser at the point of sale
27 under the terms and conditions of the mortgage or deed of trust as the
28 board of trustees shall determine. Notice of the time and the conditions
29 of such sale shall be published twice, and proof thereof made, in accor-
30 dance with subsections g. and h. of section 33-402, Idaho Code, except
31 that when the appraised value of the property is less than five hundred
32 dollars ($500), one (1) single notice by publication shall be sufficient
33 and the property shall be sold by sealed bids.
34 The board of trustees may accept the highest bid, may reject any bid,
35 or reject all bids. If the real property was donated to the school dis-
36 trict the board may, within a period of one (1) year from the time of the
37 appraisal, sell the property without additional advertising or bidding.
38 Otherwise, the board of trustees must have new appraisals made and again
39 publish notice for bids, as before. If, thereafter, no satisfactory bid is
40 made and received, the board may proceed under its own direction to sell
41 and convey the property. In no case shall any real property of the school
42 district be sold for less than its appraisal.
43 The board of trustees may sell personal property, with an estimated
44 value of less than five hundred dollars ($500), without appraisal, by
45 sealed bid or at public auction, provided that there has been not less
46 than one (1) published advertisement prior to the sale of said property.
47 (b) Real and personal property may be exchanged hereunder for other prop-
48 erty if the consideration received by said school district shall be deemed
49 adequate by the board of trustees, provided, however, that aside from the
50 provisions of this paragraph hereof, any school district may by a vote of
51 one-half (1/2) plus one (1) of the members of the full board of trustees,
52 by resolution duly adopted, authorize the transfer or conveyance of any
53 real or personal property owned by such school district to the government
54 of the United States, any city, county, the state of Idaho, any hospital
55 district organized under chapter 13, title 39, Idaho Code, any other
14
1 school district, any library district, any community college district, or
2 any recreation district, with or without any consideration accruing to the
3 school district, when in the judgment of the board of trustees it is for
4 the interest of such school district that said transfer or conveyance be
5 made.
6 5. To enter into contracts with any city located within the boundaries of
7 the school district for the joint purchase, construction, development, mainte-
8 nance and equipping of playgrounds, ball parks, swimming pools, and other rec-
9 reational facilities upon property owned either by the school district or the
10 city.
11 6. To convey rights-of-way and easements for highway, public utility, and
12 other purposes over, upon or across any school property and, when necessary to
13 the use of such property for any such purpose, to authorize the removal of
14 school buildings to such new location, or locations, as shall be determined
15 by the board of trustees, and such removal shall be made at no cost or expense
16 to the school district.
17 7. To authorize the use of any school building of the district as a com-
18 munity center, or for any public purpose, and to establish a policy of
19 charges, if any, to be made for such use.
20 8. To exercise the right of eminent domain under the provisions of chap-
21 ter 7, title 7, Idaho Code, for any of the uses and purposes provided in sec-
22 tion 7-701, Idaho Code.
23 9. If there is a great public calamity, such as an extraordinary fire,
24 flood, storm, epidemic, or other disaster, or if it is necessary to do emer-
25 gency work to prepare for national or local defense, or it is necessary to do
26 emergency work to safeguard life, health or property, the board of trustees
27 may pass a resolution declaring that the public interest and necessity demand
28 the immediate expenditure of public money to safeguard life, health or prop-
29 erty. Upon adoption of the resolution, the board may expend any sum required
30 in the emergency without compliance with this section.
31 SECTION 18. That Section 33-803, Idaho Code, be, and the same is hereby
32 amended to read as follows:
33 33-803. LEVY FOR EDUCATION OF CHILDREN OF MIGRATORY FARM WORKERS. In any
34 school district in which there is located any farm labor camp and the children
35 of migratory farm workers housed therein attend the schools of the district,
36 the board of trustees may make a levy not exceeding one-tenth percent (.1%) of
37 the market value for assessment purposes on all taxable property within the
38 district, in addition to any other levies authorized by law, for the cost of
39 educating such children.
40 Whenever the aggregate of the levy herein authorized and other levies made
41 for maintenance and operation of the district shall exceed six-tenths percent
42 (.6%) of the market value for assessment purposes on all taxable property
43 within the district, the levy authorized by this section must be approved by
44 the school district electors at a tax levy election held for that purpose.
45 Notice of such election shall be given, the election shall be conducted, and
46 the returns thereof made, as provided in sections 33-401 through 33-406 title
47 34, Idaho Code; and the question shall be approved only if a majority of the
48 qualified electors voting at such election vote in favor thereof. If the elec-
49 tion be held in conjunction with any other school election, the question
50 herein shall be submitted by separate ballot.
51 SECTION 19. That Section 33-1103, Idaho Code, be, and the same is hereby
52 amended to read as follows:
15
1 33-1103. DEFINITIONS -- BONDS -- LIMITATION ON AMOUNT -- ELECTIONS TO
2 AUTHORIZE ISSUANCE. For the purposes of this chapter the following definitions
3 shall have the meanings specified: "Market value for assessment purposes"
4 means the amount of the last preceding equalized assessment of all taxable
5 property within the school district on the tax rolls completed and available
6 as of the date of approval by the electorate in the school bond election.
7 "Aggregate outstanding indebtedness" means the total sum of unredeemed out-
8 standing bonds, minus all moneys in the bond interest and redemption fund or
9 funds accumulated for the redemption of such outstanding bonds, and minus the
10 sum of all taxes levied for the redemption of such bonds, with the exception
11 of that portion of such tax levies required for the payment of interest on
12 bonds, which taxes remain uncollected. "Issue," "issued," or "issuance" means
13 a formal delivery of bonds to any purchaser thereof and payment therefor to
14 the school district.
15 The board of trustees of any school district, upon approval of a majority
16 thereof, may submit to the qualified school district electors of the district
17 the question as to whether the board shall be empowered to issue negotiable
18 coupon bonds of the district in an amount and for a period of time to be named
19 in the notice of election.
20 An elementary school district which employs not less than six (6) teach-
21 ers, or a school district operating an elementary school or schools, and a
22 secondary school or schools, or issuing bonds for the acquisition of a second-
23 ary school or schools, may issue bonds in an amount not to exceed five per
24 centum percent (5%) of the market value for assessment purposes thereof, less
25 the aggregate outstanding indebtedness; and no other school district shall
26 issue bonds in an amount to exceed at any time two per centum percent (2%) of
27 the market value for assessment purposes thereof less the aggregate outstand-
28 ing indebtedness. The market value for assessment purposes, the aggregate out-
29 standing indebtedness and the unexhausted debt-incurring power of the district
30 shall each be determined as of the date of approval by the electors in the
31 school bond election.
32 Notice of the bond election shall be given, the election shall be con-
33 ducted and the returns thereof canvassed, and the qualifications of electors
34 voting or offering to vote shall be, as provided in sections 33-401--33-406
35 title 34, Idaho Code.
36 The question shall be approved only if the percentage of votes cast at
37 such election were cast in favor thereof is that which now, or may hereafter
38 be, set by the Cconstitution of the Sstate of Idaho. Upon such approval of
39 the issuance of bonds, the same may be issued at any time within two (2) years
40 from the date of such election.
41 SECTION 20. That Section 33-1510, Idaho Code, be, and the same is hereby
42 amended to read as follows:
43 33-1510. CONTRACTS FOR TRANSPORTATION SERVICE. All contracts entered into
44 by boards of trustees for the transportation of pupils shall be in writing in
45 a form approved by the state superintendent of public instruction. No contract
46 shall be executed covering a period of time exceeding five (5) years. School
47 districts shall advertise, bid and contract for all bus transportation service
48 routes at a single time, and contract with the lowest responsible bidder or
49 bidders meeting the specifications.
50 Before entering into such contracts, the board of trustees shall invite
51 bids by twice giving notice as provided in section 33-402g., Idaho Code, and
52 shall award the contract to the lowest responsible bidder.
16
1 SECTION 21. That Section 33-2111, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 33-2111. TAXES AND OTHER FINANCIAL SUPPORT FOR COMMUNITY COLLEGES. For
4 the maintenance and operation of each community college, in addition to the
5 income from tuition paid by students as hereinbefore provided, the board of
6 trustees may levy upon the taxable property within the district a tax not to
7 exceed sixteen hundredths percent (.16%) of the market value for assessment
8 purposes on all taxable property within the district.
9 The tax levy determined by the board of trustees, within said limit, shall
10 be certified to the board of county commissioners in each county in which the
11 district may lie, not later than the second Monday in September of each year.
12 No levy in excess of sixteen hundredths percent (.16%) of the market value for
13 assessment purposes on all taxable property within the district shall be made
14 unless a supplemental levy in a specified amount be first authorized through
15 an election held, as provided in sections 33-401 through 33-406 title 34,
16 Idaho Code, as if the community college district were a school district and
17 approved by a majority of the district electors voting in such election.
18 SECTION 22. That Section 63-1309, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 63-1309. SPECIAL TAXING DISTRICT OR BOND PROPOSAL DEFEATED IN ELECTION
21 BARS SUBSEQUENT ELECTIONS FOR SPECIFIED TIME -- EXCEPTION -- BOARD OF EDUCA-
22 TION MAY CONDUCT ELECTION -- MUNICIPALITIES, WATER OR SEWER DISTRICTS MAY CON-
23 DUCT BOND ELECTION. If any election has been held for the formation of any
24 special taxing district, or for the approval of any bond issue or other pro-
25 posal which would have resulted in a property tax levy, and the proposal sub-
26 mitted at such election was defeated, no subsequent election shall be held
27 within six five (65) months from and after the date of such prior election for
28 the same or a similar purpose in any district which includes any part of the
29 area which was affected by the prior election. In the event any school build-
30 ing is destroyed or rendered unusable for school purposes by reason of fire,
31 flood or other catastrophe, and a school bond election for the purpose of the
32 replacement of such building is prohibited by the provisions of this section,
33 the state board of education shall have the power to authorize an election for
34 such purpose by order based upon a finding of such facts. The provisions of
35 this section shall not apply to school elections held solely for determining
36 property tax levies for general school purposes not involving the issuance of
37 bonds. This time requirement between elections shall not apply to municipali-
38 ties or water and/or sewer districts when bond issues are being proposed for
39 the installation or improvement of water supply systems or public sewerage
40 systems which have been deemed necessary by the Idaho state board of health to
41 bring such system or systems in conformance with state statutes or rules of
42 the state board of health.
43 SECTION 23. That Sections 33-403, 33-403A, 33-403B, 33-405A, 33-405B,
44 33-406, 33-406A, 33-407, 33-410, 33-411, 33-412, 33-413, 33-414, 33-415,
45 33-416, 33-417, 33-418, 33-419, 33-420, 33-421, 33-422, 33-423, 33-424,
46 33-428, 33-429, 33-430, 33-431, 33-432, 33-433, 33-434, 33-435, 33-436,
47 33-437, 33-438, 33-439, 33-440, 33-441, 33-442, 33-502C and 33-502D, Idaho
48 Code, be, and the same are hereby repealed.
49 SECTION 24. This act shall be in full force and effect on and after Janu-
50 ary 1, 2001.
AH0695
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
Moved by Kunz
Seconded by Alltus
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 695
1 AMENDMENT TO SECTION 15
2 On page 11 of the printed bill, following line 37, insert:
3 "Subject to the approval of the electors of the district, the election of
4 school trustees may be conducted districtwide provided that the district shall
5 be divided into zones, and each zone shall be represented by a trustee who
6 resides within the zone but is voted upon by all residents of the district.
7 The districtwide election option may be submitted to the electors by the board
8 of trustees or shall be submitted upon petition by twenty percent (20%) of the
9 electors who cast ballots in the last election of the district. The election
10 shall be conducted as other elections of the district and the question shall
11 be approved if a majority of the votes cast are in favor of the question.".
12 CORRECTION TO TITLE
13 On page 1, in line 29, following "CODE" insert: ", AND TO PROVIDE A
14 DISTRICTWIDE ELECTION OPTION".
Moved by Kunz
Seconded by Alltus
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 695
15 AMENDMENT TO SECTION 4
16 On page 4 of the printed bill, in line 38, delete "in the last election of
17 the district" and insert: "for all candidates at the election at which the
18 school trustee was elected".
19 AMENDMENTS TO SECTION 11
20 On page 9, in line 29, delete "In the case of election of" and delete all
21 of lines 30, 31, 32 and 33, and insert: "In the case of election of trustees,
22 the elector must be a resident of the same trustee zone as the candidate or
23 candidates for school district trustees for whom the elector offers to vote
24 for at least thirty (30) days next preceding the election in which the elector
25 desires to vote."; and in line 44, delete ". or trustee zone." and insert: "or
26 trustee zone.".
27 AMENDMENT TO SECTION 15
28 On page 11, in line 33, delete "his zone the district" and insert: "his
29 the zone".
30 CORRECTION TO TITLE
31 On page 1, in line 28, delete "DISTRICT" and insert: "TRUSTEE ZONE".
STATEMENT OF PURPOSE
RS09895C5
It is critical that public confidence in elections be maintained at the highest
level. County clerks are the chief election officer in each county and generally
have the most knowledge of election process and law. The purpose of this
legislation is to consolidate most election functions in the office of the county
clerk.
Additionally, in order to provide uniformity and simplicity, election dates
and procedures would be standardized. These statutory changes are intended to
increase voter participation and confidence by making it easier for voters to
identify when and where they are to vote.
FISCAL NOTE
Because this legislation will require most political subdivisions to contract with
the county clerk to conduct the election process, there may be either a positive or
a negative impact on the budget of that political subdivision. There will be no
fiscal impact on the general fund of the state.
CONTACT: Rep. Jeff Alltus and Rep. Kent Kunz
(208) 332-1000
STATEMENT OF PURPOSE/ FISCAL NOTE H 695