2002 Legislation
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SENATE BILL NO. 1485 – School, secondary, closure, electrs

SENATE BILL NO. 1485

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Daily Data Tracking History



S1485................................................by JUDICIARY AND RULES
SECONDARY SCHOOLS - CLOSURE - Amends existing law to provide that in
proposed closure of public secondary schools which are thirty miles or more
distant from another public secondary attendance school, that only patrons
resident in this attendance area shall be eligible to vote in an election
regarding the closure, except for attendance units, or portions of them,
created after January 1, 2002, in which case qualified school district
electors throughout the school district shall be eligible to vote.
                                                                        
02/28    Senate intro - 1st rdg - to printing
03/01    Rpt prt - to Educ
03/06    Rpt out - rec d/p - to 2nd rdg
03/07    2nd rdg - to 3rd rdg
03/11    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
      Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure,
      Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia,
      Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder,
      Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Burtenshaw
    Title apvd - to House
03/12    House intro - 1st rdg - to Educ
03/13    Rpt out - rec d/p - to 2nd rdg
03/14    2nd rdg - to 3rd rdg
03/15    3rd rdg - PASSED - 64-0-6
      AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Block,
      Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark, Collins,
      Crow, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
      Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Jaquet,
      Jones, Kellogg, Kendell, Kunz, Lake, Langford, Mader, Martinez,
      McKague, Meyer, Mortensen, Moyle, Pearce, Pischner, Pomeroy,
      Raybould, Ridinger, Roberts, Robison, Sali, Schaefer, Shepherd,
      Smith(33), Smith(23), Smylie, Stevenson, Stone, Tilman, Trail,
      Wheeler, Wood, Young, Mr. Speaker
      NAYS -- None
      Absent and excused -- Black, Field(20), Hornbeck, Loertscher,
      Montgomery, Sellman
    Floor Sponsor - Aikele
    Title apvd - to Senate
03/15    To enrol
03/18    Rpt enrol - Pres signed - Sp signed
03/18    To Governor
03/26    Governor signed
         Session Law Chapter 317
         Effective: 01/01/02

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1485
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO CLOSURE OF SCHOOLS; AMENDING SECTION 33-511, IDAHO CODE,  RELATING
  3        TO  THE  PROPOSED CLOSURE OF  SECONDARY UNITS THIRTY MILES OR MORE DISTANT
  4        FROM ANOTHER SECONDARY ATTENDANCE UNIT, ONLY THE PATRONS RESIDENT IN  THIS
  5        ATTENDANCE  AREA  SHALL  BE  ELIGIBLE TO VOTE IN AN ELECTION REGARDING THE
  6        CLOSURE EXCEPT FOR ATTENDANCE UNITS, OR PORTIONS OF  THEM,  CREATED  AFTER
  7        JANUARY 1, 2002, IN WHICH CASE QUALIFIED SCHOOL DISTRICT ELECTORS THROUGH-
  8        OUT  THE SCHOOL DISTRICT SHALL BE ELIGIBLE TO VOTE; DECLARING AN EMERGENCY
  9        AND PROVIDING RETROACTIVE APPLICATION.
                                                                        
 10    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 11        SECTION 1.  That Section 33-511, Idaho Code, be, and the  same  is  hereby
 12    amended to read as follows:
                                                                        
 13        33-511.  MAINTENANCE OF SCHOOLS. The board of trustees of each school dis-
 14    trict shall have the following powers and duties:
 15        1.  Each  elementary  school district shall maintain at least one (1) ele-
 16    mentary school, and each other school district shall maintain at least one (1)
 17    elementary school and one (1) secondary school;
 18        2.  To employ necessary help and labor to maintain and operate the schools
 19    of the district;
 20        3.  To discontinue any school within the district whenever it  shall  find
 21    such  discontinuance  to  be  in the best interests of the district and of the
 22    pupils therein. For the purposes of this section, discontinuing a school shall
 23    mean no longer maintaining a school of any kind, at the same location,  except
 24    in the case of secondary units as herein provided.
 25        When  any school proposed to be discontinued is one which was operated and
 26    maintained by a former district now wholly incorporated within the  boundaries
 27    of the district operated by said board of trustees, and, immediately following
 28    reorganization  and  the  dissolution  of said former district such school has
 29    been continuously operated and maintained at the same location  by  the  pres-
 30    ently organized district, the board of trustees must first give notice of such
 31    proposal  not  later than the first day of July next preceding the date of the
 32    proposed discontinuance. Such notice shall be posted, and published  once,  in
 33    the  manner  provided  in  section  33-401, Idaho Code, and shall identify the
 34    school proposed to be discontinued.
 35        If, not later than the first day of August following the posting and  pub-
 36    lishing  of  the  notice  of discontinuance, five (5) or more qualified school
 37    district electors residing within the school district shall petition the board
 38    of trustees for an election to be held within the school district on the ques-
 39    tion of discontinuance of that school, the board of trustees  shall  forthwith
 40    order  an  election  to  be held within fourteen (14) days of the date of said
 41    order, and shall give notice of the election.
 42        Notice of such election shall be posted at or near the main  door  of  the
 43    school  proposed to be discontinued and at or near the main door of the admin-
                                                                        
                                           2
                                                                        
  1    istrative offices of the school district, and shall also be published  in  one
  2    (1)  issue of a newspaper printed in the county in which is situate the school
  3    proposed to be discontinued. The notice shall state the date the  election  is
  4    to  be  held, the place of voting, and the hours between which the polls shall
  5    be open. In addition, the notice of election shall describe the  area  of  the
  6    particular  attendance  unit  of  the  school  district and shall identify the
  7    school proposed to be discontinued; and it shall  state  that  only  qualified
  8    school  district  electors residing within the school district may vote on the
  9    question of discontinuing the school.
 10        The election shall be held within the school district and there  shall  be
 11    submitted to the electors a ballot containing the proposal:
 12        For discontinuing the school located at ....,
 13        Against discontinuing the school located at .....
 14        If a majority of the qualified electors, hereinabove defined and voting in
 15    the  election,  shall vote against discontinuing that school, then said school
 16    shall not be discontinued; and no proposal  to  discontinue  the  same  school
 17    shall  be made by the board of trustees of the district within nine (9) months
 18    after the date of the election.
 19        If a secondary unit which the trustees of a district propose to  close  is
 20    more  than  thirty  (30) miles by all-weather road from the attendance unit to
 21    which it is proposed to transfer such students,  then,  notwithstanding  other
 22    provisions  of  this section, five (5) electors residing within the attendance
 23    area of the unit proposed to be closed may, as provided by this section, peti-
 24    tion the board of trustees requesting an election to determine whether or  not
 25    such  attendance  unit, or any portion of it, shall be closed. The board shall
 26    forthwith call and hold an election as herein provided. However, for the  pur-
 27    pose  of  this  section  relating to the secondary attendance unit thirty (30)
 28    miles or more distant from another secondary attendance unit, only the patrons
 29    resident in this attendance area shall be eligible to vote, except for  atten-
 30    dance units, or portions of them, created after January 1, 2002, in which case
 31    qualified  school  district  electors  throughout the school district shall be
 32    eligible to vote. The election shall be deemed passed and the unit  shall  not
 33    be  closed  if  a  majority  of  those voting in the election vote in favor of
 34    retaining the attendance unit.
                                                                        
 35        SECTION 2.  An emergency existing  therefor,  which  emergency  is  hereby
 36    declared to exist, this act shall be in full force and effect on and after its
 37    passage and approval, and retroactively to January 1, 2002.

Statement of Purpose / Fiscal Impact


                   STATEMENT OF PURPOSE

                         RS 12156


This legislation pertains to amending Idaho Code Section 35-511.
Clarifying who is eligible to vote except for attendance units, or
portions of them, created after January 1, 2002, in which case
qualified school district electors throughout the school district
shall be eligible to vote.

                    FISCAL IMPACT



There should be no fiscal impact.




Contact
Name: Sen. Burtenshaw
Phone:   332-1000
      



STATEMENT OF PURPOSE/FISCAL NOTE                     S 1485