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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
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN 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 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