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HJR001.........................................................by EDUCATION
EDUCATION THOROUGHNESS - Proposing an amendment to the Constitution of the
State of Idaho to clarify that the provisions of the constitution requiring
the Legislature to establish and maintain a general, uniform and thorough
system of public, free common schools shall not apply to buildings or
facilities of school districts.
02/23 House intro - 1st rdg - to printing
02/26 Rpt prt - to St Aff
02/28 Rpt out - rec d/p - to 2nd rdg
03/01 2nd rdg - to 3rd rdg
03/02 Ret'd to St Aff
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE JOINT RESOLUTION NO. 1
BY EDUCATION COMMITTEE
1 A JOINT RESOLUTION
2 PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE IX, OF THE CONSTITUTION OF THE
3 STATE OF IDAHO, TO CLARIFY THAT THE PROVISIONS OF THIS SECTION OF THE CON-
4 STITUTION OF THE STATE OF IDAHO REQUIRING THE LEGISLATURE OF IDAHO TO
5 ESTABLISH AND MAINTAIN A GENERAL, UNIFORM AND THOROUGH SYSTEM OF PUBLIC,
6 FREE COMMON SCHOOLS SHALL NOT APPLY TO BUILDINGS OR FACILITIES OF SCHOOL
7 DISTRICTS; STATING THE QUESTION TO BE SUBMITTED TO THE ELECTORATE; DIRECT-
8 ING THE LEGISLATIVE COUNCIL TO PREPARE THE STATEMENTS REQUIRED BY LAW; AND
9 DIRECTING THE SECRETARY OF STATE TO PUBLISH THE AMENDMENT AND ARGUMENTS AS
10 REQUIRED BY LAW.
11 Be It Resolved by the Legislature of the State of Idaho:
12 SECTION 1. That Section 1, Article IX, of the Constitution of the State
13 of Idaho be amended to read as follows:
14 SECTION 1. LEGISLATURE TO ESTABLISH SYSTEM OF FREE SCHOOLS. The
15 stability of a republican form of government depending mainly upon
16 the intelligence of the people, it shall be the duty of the legisla-
17 ture of Idaho, to establish and maintain a general, uniform and
18 thorough system of public, free common schools. The provisions of
19 this section shall not apply to buildings or facilities of school
20 districts.
21 SECTION 2. The question to be submitted to the electors of the State of
22 Idaho at the next general election shall be as follows:
23 "Shall Section 1, Article IX, of the Constitution of the State of Idaho be
24 amended to clarify that the provisions of the section requiring the Legisla-
25 ture of Idaho to establish and maintain a general, uniform and thorough system
26 of public, free common schools shall not apply to buildings or facilities of
27 school districts?".
28 SECTION 3. The Legislative Council is directed to prepare the statements
29 required by Section 67-453, Idaho Code, and file the same.
30 SECTION 4. The Secretary of State is hereby directed to publish this pro-
31 posed constitutional amendment and arguments as required by law.
STATEMENT OF PURPOSE
RS 11177
The purpose of this joint resolution is to amend Section 1,
Article IX, of the Constitution of the State of Idaho, to clarify
that the provisions of this section requiring the Legislature of
Idaho to establish and maintain a general, uniform and thorough
system of public, free common schools shall not apply to
buildings or facilities of school districts; stating the question
would be submitted to the electorate. The Legislative Council
would be directed to prepare the statements required by law and
the Secretary of State would be directed to publish the amendment
and arguments as required by law.
For over 100 years in Idaho the question of when and how to build
new school buildings was reserved solely to the local school
district and its patrons. Recently, the Idaho Supreme Court
altered this long-held policy by ruling that the state had a
constitutional duty to involve itself in the school facilities
question. To reassert the time-honored policy, and settle the
question that the capital improvements are the sole prerogative of the local school district, this legislature proposes that the
Idaho Constitution be amended to specifically enumerate that the
constitutional duty of the state regarding free, common public
schools shall not apply to buildings or facilities of local
school districts.
FISCAL IMPACT
This joint resolution will have a positive impact of potentially
millions of dollars today and hundreds of millions of dollars in
the future to the State of Idaho.
Contact
Name: Rep. Todd Hammond
Phone: 208-332-1148
STATEMENT OF PURPOSE/FISCAL NOTE HJR 1