2001 Legislation
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HOUSE BILL NO. 191 – School dist trustee zones/redefined

HOUSE BILL NO. 191

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Daily Data Tracking History



H0191aa....................................................by STATE AFFAIRS
SCHOOL DISTRICT TRUSTEE ZONES - Amends existing law to require that school
district trustee zones be redefined following the decennial census.
                                                                        
02/09    House intro - 1st rdg - to printing
02/12    Rpt prt - to St Aff
02/20    Rpt out - to Gen Ord
02/22    Rpt out amen - to engros
02/23    Rpt engros - 1st rdg - to 2nd rdg as amen
02/26    2nd rdg - to 3rd rdg as amen
02/27    3rd rdg as amen - PASSED - 58-8-4
      AYES -- Barraclough, Bedke, Bell, Bieter, Black, Boe, Bolz, Bradford,
      Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow, Cuddy,
      Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Gagner, Gould,
      Hadley, Hammond, Harwood, Higgins, Hornbeck, Kellogg, Kunz, Lake,
      Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen,
      Moss, Moyle, Pearce, Pischner, Raybould, Ridinger, Roberts, Robison,
      Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Tilman,
      Wheeler, Young, Mr. Speaker
      NAYS -- Barrett, Field(20), Henbest, Jaquet, Kendell, Langford,
      Pomeroy, Wood
      Absent and excused -- Jones, Stone, Swan, Trail
    Floor Sponsor -- Kunz
    Title apvd - to Senate
02/28    Senate intro - 1st rdg - to St Aff
03/15    Rpt out - rec d/p - to 2nd rdg as amen
03/16    2nd rdg - to 3rd rdg as amen
03/20    3rd rdg as amen - PASSED - 18-13-4
      AYES--Andreason, Boatright, Danielson, Deide, Frasure, Geddes,
      Goedde, Hawkins, Ingram, Keough, Lodge, Richardson, Risch, Schroeder,
      Sims, Sorensen, Wheeler, Whitworth
      NAYS--Branch, Brandt, Burtenshaw, Cameron, Darrington, Davis, Ipsen,
      Lee, Noh, Sandy, Stegner, Stennett, Williams
      Absent and excused--Bunderson, Dunklin, King-Barrutia, Thorne
    Floor Sponsor -- Frasure
    Title apvd - to House
03/21    To enrol
03/22    Rpt enrol - Sp signed - Pres signed - to Gov
03/23    Governor signed
         Session Law Chapter 163
         Effective: 03/23/01

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 191
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO SCHOOL DISTRICT TRUSTEE  ZONES;  AMENDING  SECTION  33-313,  IDAHO
  3        CODE,  TO  REQUIRE THAT TRUSTEE ZONES BE REDEFINED FOLLOWING THE DECENNIAL
  4        CENSUS; AND DECLARING AN EMERGENCY.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION 1.  That Section 33-313, Idaho Code, be, and the  same  is  hereby
  7    amended to read as follows:
                                                                        
  8        33-313.  TRUSTEE  ZONES.  Each elementary school district shall be divided
  9    into three (3) trustee zones and each other school district shall  be  divided
 10    into  no  fewer than five (5) or more than nine (9) trustee zones according to
 11    the provisions of section 33-501, Idaho  Code.  Any  proposal  to  define  the
 12    boundaries  of  the  several  trustee zones in each such school district shall
 13    include the determination, where appropriate, of the number of  trustee  zones
 14    in  such  district,  and the date of expiration of the term of office for each
 15    trustee. The boundaries of the several trustee zones in each such school  dis-
 16    trict  shall  be defined and drawn so that, as reasonably as may be, each such
 17    zone shall have approximately the same population.
 18        Whenever the area of any district has been enlarged by the  annexation  of
 19    all  or  any  part  of another district, or by the correction of errors in the
 20    legal description of school district boundaries, any such additional territory
 21    shall be included in the trustee zone or zones contiguous to  such  additional
 22    territory  until  such time as the trustee zones may be redefined and changed.
 23    Trustee zones may be redefined and changed, but not more than once every  five
 24    (5) years in the manner hereinafter provided.
 25        A  proposal  to  redefine  and change trustee zones of any district may be
 26    initiated by its board of trustees and shall be  initiated  by  its  board  of
 27    trustees  at  the  first meeting following the report of the decennial census,
 28    and submitted to the state board of education, or by petition  signed  by  not
 29    less  than  fifty (50) school electors residing in the district, and presented
 30    to the board of trustees of the district. Within one hundred twenty (120) days
 31    following the decennial census or the receipt of a petition  to  redefine  and
 32    change  the  trustee zones of a district the board of trustees shall prepare a
 33    proposal for a change which will equalize the population in each zone  in  the
 34    district  and  shall  submit the proposal to the state board of education. Any
 35    proposal shall include a legal description of each trustee zone  as  the  same
 36    would  appear as proposed, a map of the district showing how each trustee zone
 37    would then appear, and the approximate population each would then have, should
 38    the proposal to change any trustee zones become effective.
 39        Within sixty (60) days after it has received the said proposal  the  state
 40    board  of  education  may  approve  or disapprove the proposal to redefine and
 41    change trustee zones and shall give notice thereof in writing to the board  of
 42    trustees  of  the  district  wherein  the change is proposed. Should the state
 43    board of education disapprove a  proposal  that  had  been  initiated  at  the
                                                                        
                                           2
                                                                        
  1    request  of  petitioners,  the  board of trustees shall within forty-five (45)
  2    days submit a revised proposal to the state board  of  education.  Should  the
  3    state  board  of  education  approve the proposal, the board of trustees shall
  4    within sixty (60) days after notification of the  approval  of  such  proposal
  5    submit  to  the school district electors residing in the district, in an elec-
  6    tion to be held not less than thirty (30) days prior to the date of  the  next
  7    ensuing annual election of school district trustees, the question of approving
  8    or  disapproving the proposal to change trustee zones. Notice of such election
  9    shall be posted and published, the election shall be held and conducted    and
 10    the  ballots  canvassed,  as provided in chapter 4, title 33, Idaho Code. If a
 11    majority of the school district electors residing in the district, and  voting
 12    in  the  election,  should  approve  the  proposal, the trustee zones shall be
 13    changed in accordance with the proposal.
 14        At the next regular  meeting  of  the  board  of  trustees  following  the
 15    approval of the proposal the board shall appoint from its membership a trustee
 16    for each new zone to serve as trustee until that incumbent trustee's three (3)
 17    year  term expires. If the current board membership includes two (2) incumbent
 18    trustees from the same new trustee zone, the board will select  the  incumbent
 19    trustee  with  the  most  seniority as a trustee to serve the remainder of his
 20    three (3) year term. If both incumbent  trustees  have  equal  seniority,  the
 21    board  will choose one (1) of the trustees by the drawing of lots. If there is
 22    a trustee vacancy in any of the new zones, the board of trustees shall appoint
 23    from the patrons resident in that new trustee zone, a person from that zone to
 24    serve as trustee until the next annual  meeting.  At  the  annual  election  a
 25    trustee  shall  be  elected to serve during the term specified in the election
 26    for the zone. The elected trustee shall assume office at the annual meeting of
 27    the school district next following the election.
                                                                        
 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.

Amendment


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                                                     Moved by    Kunz                
                                                                        
                                                     Seconded by Loertscher          
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENT TO H.B. NO. 191
                                                                        
  1                               AMENDMENTS TO SECTION 1
  2        On page 1 of the printed bill, in line 43, delete "that had been initiated
  3    at the" and on page 2 in line 1, delete "request of petitioners," and  insert:
  4    "that  had  been  initiated at the request of petitioners,"; and on page 2, in
  5    line 3, following "proposal,"  delete the remainder of the  line  and  all  of
  6    lines  4  through  11, and in line 12, delete "in the election, should approve
  7    the proposal,"  and insert: "the board of trustees  shall  within  sixty  (60)
  8    days  after notification of the approval of such proposal submit to the school
  9    district electors residing in the district, in an election to be held not less
 10    than thirty (30) days prior to the date of the next ensuing annual election of
 11    school district trustees, the question of approving or disapproving  the  pro-
 12    posal  to  change  trustee  zones. Notice of such election shall be posted and
 13    published, the election shall be held and conducted and the ballots canvassed,
 14    as provided in chapter 4, title 33, Idaho Code. If a majority  of  the  school
 15    district electors residing in the district, and voting in the election, should
 16    approve the proposal,".
                                                                        
 17                                 CORRECTION TO TITLE
 18        On  page  1, in line 4, following "CENSUS" insert: "AND TO STRIKE A PROVI-
 19    SION TO REQUIRE AN ELECTION".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                               HOUSE BILL NO. 191, As Amended
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO SCHOOL DISTRICT TRUSTEE  ZONES;  AMENDING  SECTION  33-313,  IDAHO
  3        CODE,  TO  REQUIRE THAT TRUSTEE ZONES BE REDEFINED FOLLOWING THE DECENNIAL
  4        CENSUS AND TO STRIKE A PROVISION TO REQUIRE AN ELECTION; AND DECLARING  AN
  5        EMERGENCY.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION  1.  That  Section  33-313, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
                                                                        
  9        33-313.  TRUSTEE ZONES. Each elementary school district shall  be  divided
 10    into  three  (3) trustee zones and each other school district shall be divided
 11    into no fewer than five (5) or more than nine (9) trustee zones  according  to
 12    the  provisions  of  section  33-501,  Idaho  Code. Any proposal to define the
 13    boundaries of the several trustee zones in each  such  school  district  shall
 14    include  the  determination, where appropriate, of the number of trustee zones
 15    in such district, and the date of expiration of the term of  office  for  each
 16    trustee.  The boundaries of the several trustee zones in each such school dis-
 17    trict shall be defined and drawn so that, as reasonably as may be,  each  such
 18    zone shall have approximately the same population.
 19        Whenever  the  area of any district has been enlarged by the annexation of
 20    all or any part of another district, or by the correction  of  errors  in  the
 21    legal description of school district boundaries, any such additional territory
 22    shall  be  included in the trustee zone or zones contiguous to such additional
 23    territory until such time as the trustee zones may be redefined  and  changed.
 24    Trustee  zones may be redefined and changed, but not more than once every five
 25    (5) years in the manner hereinafter provided.
 26        A proposal to redefine and change trustee zones of  any  district  may  be
 27    initiated  by  its  board  of  trustees and shall be initiated by its board of
 28    trustees at the first meeting following the report of  the  decennial  census,
 29    and  submitted  to  the state board of education, or by petition signed by not
 30    less than fifty (50) school electors residing in the district,  and  presented
 31    to the board of trustees of the district. Within one hundred twenty (120) days
 32    following  the  decennial  census or the receipt of a petition to redefine and
 33    change the trustee zones of a district the board of trustees shall  prepare  a
 34    proposal  for  a change which will equalize the population in each zone in the
 35    district and shall submit the proposal to the state board  of  education.  Any
 36    proposal  shall  include  a legal description of each trustee zone as the same
 37    would appear as proposed, a map of the district showing how each trustee  zone
 38    would then appear, and the approximate population each would then have, should
 39    the proposal to change any trustee zones become effective.
 40        Within  sixty  (60) days after it has received the said proposal the state
 41    board of education may approve or disapprove  the  proposal  to  redefine  and
 42    change  trustee zones and shall give notice thereof in writing to the board of
 43    trustees of the district wherein the change  is  proposed.  Should  the  state
                                                                        
                                           2
                                                                        
  1    board  of  education  disapprove  a  proposal  that  had been initiated at the
  2    request of petitioners, the board of trustees  shall  within  forty-five  (45)
  3    days  submit  a  revised  proposal to the state board of education. Should the
  4    state board of education approve the proposal, the  board  of  trustees  shall
  5    within  sixty  (60)  days  after notification of the approval of such proposal
  6    submit to the school district electors residing in the district, in  an  elec-
  7    tion  to  be held not less than thirty (30) days prior to the date of the next
  8    ensuing annual election of school district trustees, the question of approving
  9    or disapproving the proposal to change trustee zones. Notice of such  election
 10    shall  be  posted  and published, the election shall be held and conducted and
 11    the ballots canvassed, as provided in chapter 4, title 33, Idaho  Code.  If  a
 12    majority  of the school district electors residing in the district, and voting
 13    in the election, should approve the  proposal,  the  trustee  zones  shall  be
 14    changed in accordance with the proposal.
 15        At  the  next  regular  meeting  of  the  board  of trustees following the
 16    approval of the proposal the board shall appoint from its membership a trustee
 17    for each new zone to serve as trustee until that incumbent trustee's three (3)
 18    year term expires. If the current board membership includes two (2)  incumbent
 19    trustees  from  the same new trustee zone, the board will select the incumbent
 20    trustee with the most seniority as a trustee to serve  the  remainder  of  his
 21    three  (3)  year  term.  If  both incumbent trustees have equal seniority, the
 22    board will choose one (1) of the trustees by the drawing of lots. If there  is
 23    a trustee vacancy in any of the new zones, the board of trustees shall appoint
 24    from the patrons resident in that new trustee zone, a person from that zone to
 25    serve  as  trustee  until  the  next  annual meeting. At the annual election a
 26    trustee shall be elected to serve during the term specified  in  the  election
 27    for the zone. The elected trustee shall assume office at the annual meeting of
 28    the school district next following the election.
                                                                        
 29        SECTION  2.  An  emergency  existing  therefor,  which emergency is hereby
 30    declared to exist, this act shall be in full force and effect on and after its
 31    passage and approval.

Statement of Purpose / Fiscal Impact



                      STATEMENT OF PURPOSE
                                
                          RS10911c2
 Under existing law, school board members (trustees) are elected
from zones within each school district.  The configuration of a
zone is important because the zone becomes the basic electoral unit
for selecting members of the board.  The purpose of this
legislation is to ensure that trustee zones are equitably
reapportioned on a regular basis.

An emergency clause has been included to note that this legislation
will go into effect upon its adoption as law.
     FISCAL IMPACT
                                

There will be no fiscal impact on the general fund of the state. 
The various school districts may incur some minor expense in their
reapportionment process.

Contact
Name: Rep. Kent Kunz 
Phone: 208/332-1000



STATEMENT OF PURPOSE/FISCAL NOTE   H 19