2003 Legislation
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SENATE BILL NO. 1179 – Teachers, political activities

SENATE BILL NO. 1179

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Daily Data Tracking History



S1179......................................................by STATE AFFAIRS
TEACHERS - POLITICAL ACTIVITIES - Adds to existing law to specify political
activities which are permitted and political activities which are
prohibited for public school district employees; and to provide penalties.
                                                                        
04/07    Senate intro - 1st rdg - to printing
04/08    Rpt prt - to St Aff

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1179
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO POLITICAL ACTIVITIES OF PUBLIC SCHOOL DISTRICT EMPLOYEES; AMENDING
  3        CHAPTER 66, TITLE 67, IDAHO  CODE,  BY  THE  ADDITION  OF  A  NEW  SECTION
  4        67-6630,  IDAHO  CODE, TO SPECIFY POLITICAL ACTIVITIES WHICH ARE PERMITTED
  5        AND POLITICAL ACTIVITIES WHICH ARE PROHIBITED FOR PUBLIC  SCHOOL  DISTRICT
  6        EMPLOYEES;  AND AMENDING CHAPTER 66, TITLE 67, IDAHO CODE, BY THE ADDITION
  7        OF A NEW SECTION 67-6631, IDAHO CODE, TO PROVIDE PENALTIES.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION 1.  That Chapter 66, Title 67, Idaho Code, be,  and  the  same  is
 10    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 11    ignated as Section 67-6630, Idaho Code, and to read as follows:
                                                                        
 12        67-6630.  POLITICAL ACTIVITIES PERMITTED --  PROHIBITED.  (1)  All  public
 13    school district employees shall retain the right to:
 14        (a)  Register and vote in any election;
 15        (b)  Express an opinion as an individual privately and publicly on politi-
 16        cal subjects and candidates;
 17        (c)  Display a political picture, sticker, badge or button;
 18        (d)  Participate in the activities of a civic, community, social, labor or
 19        professional organization, or of a similar organization;
 20        (e)  Be  a member of a political party or other political organization and
 21        participate in its activities;
 22        (f)  Attend a political convention, rally, fundraising function, or  other
 23        political gathering;
 24        (g)  Sign a political petition as an individual;
 25        (h)  Make a financial contribution to a political party or organization;
 26        (i)  Take an active part, in support of a candidate, in an election;
 27        (j)  Be politically active in connection with a question which is not spe-
 28        cifically  identified  with  a  political  party, such as a constitutional
 29        amendment, referendum, approval of a  municipal  ordinance  or  any  other
 30        question or issue of a similar character;
 31        (k)  Serve as an election judge or clerk, or in a similar position to per-
 32        form duties as prescribed by state or local law;
 33        (l)  Be  a candidate and hold elective office in any partisan or nonparti-
 34        san election;
 35        (m)  Take an active part in political organization management; and
 36        (n)  Otherwise participate fully in public affairs, except  as  prohibited
 37        by  law,  in a manner which does not materially compromise the neutrality,
 38        efficiency, or integrity of the employee's public school district.
 39        (2)  The board of trustees of a public school district may:
 40        (a)  Allow public school facilities to be used for purposes that are  edu-
 41        cational, cultural, recreational, civic, or of a general political nature;
 42        (b)  Permit  the  use  of  school  facilities by political parties for the
 43        express purpose of precinct meetings and  county  and  district  meetings,
                                                                        
                                           2
                                                                        
  1        provided  that the use of such buildings by political parties shall not be
  2        permitted at times when school is in session or which would interfere with
  3        normal school activities or functions, and such use shall  be  subject  to
  4        reasonable policies adopted by the school board of trustees. A reasonable
  5        charge  for  heating,  lighting  and janitorial services for use of public
  6        school facilities may be made;
  7        (c)  Permit the use of facilities for the use of a forum under the control
  8        of the board of trustees if the forum is made available to all sides on an
  9        equitable basis.
 10        (3)  A public school district or an employee of a public school  district,
 11    shall not:
 12        (a)  Use  or  allow the use of personnel, technology or telecommunications
 13        systems, equipment, materials, buildings or any other asset  belonging  to
 14        the public school district for the purpose of urging the support or defeat
 15        of any ballot measure or candidate. Notwithstanding this section, a school
 16        district  may  distribute informational reports on a proposed budget over-
 17        ride election, or informational pamphlets on a proposed bond  election  if
 18        done  in  a  fair, neutral and balanced manner. Nothing in this subsection
 19        precludes a school district from reporting on official actions of the gov-
 20        erning board;
 21        (b)  Use children in public school as  couriers  of  information  that  is
 22        designed to support or defeat any ballot measure or candidate;
 23        (c)  Use the authority of their positions to influence the vote or politi-
 24        cal activities of any subordinate employee.
 25        (4)  The state board of education shall adopt rules for the implementation
 26    of this section.
                                                                        
 27        SECTION  2.  That  Chapter  66,  Title 67, Idaho Code, be, and the same is
 28    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 29    ignated as Section 67-6631, Idaho Code, and to read as follows:
                                                                        
 30        67-6631.  POLITICAL  ACTIVITIES  -- PENALTIES. (1) Any person who violates
 31    the provisions of section 67-6630, Idaho Code, shall be  liable  for  a  civil
 32    fine  not to exceed two hundred fifty dollars ($250) if an individual, and not
 33    more than two thousand five hundred dollars ($2,500) if a person other than an
 34    individual. The burden of proof for such civil liability shall be met by show-
 35    ing a preponderance of the evidence.
 36        (2)  Any person who knowingly  and  willfully  violates  section  67-6630,
 37    Idaho  Code,  is  guilty of a misdemeanor and, upon conviction, in addition to
 38    the fines set forth in subsection (1) of this section, may be  imprisoned  for
 39    not more than six (6) months or be both fined and imprisoned.
 40        (3)  The  attorney  general  or  the  appropriate prosecuting attorney may
 41    prosecute any violations of this act.
 42        (4)  Prosecution for violation of this act must be  commenced  within  two
 43    (2) years after the date on which the violation occurred.
 44        (5)  Venue  for  prosecution under the provisions of this section shall be
 45    in the county of residence of the defendant if the defendant is a resident  of
 46    the state of Idaho, otherwise venue shall be in Ada county.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                            RS 13211C1
This bill arises out of allegations expressed during the last
general election that inappropriate political campaign activity
occurred in the public school system.  This legislation clarifies
what most citizens assumed to be the law.

The bill guarantees to public school teachers and employees
various rights and privileges, i.e., to vote, to express
opinions, to display political materials, to participate in civic
and professional organizations, to be a member of a political
party, to attend political meetings, to be involved in political
campaigns, to hold elective office, and to participate in
public/partisan affairs in a manner which does not compromise the
neutrality and efficiency of the school district.  This
legislation also places in Idaho Code a prohibition that public
school teachers and district employees may not urge the support
or defeat of any candidate or ballot measure while they are at
work, and they may not use the facilities and assets of the
school district to engage in partisan political activities.

Additionally, the local school district may allow its facilities
to be used after hours for political meetings, for forums and
debates, and for all normal school district business including
elections and information distribution regarding override and
bond elections.  The State Board of Education is charged with
adopting rules to implement this act.FISCAL IMPACT

There will be no fiscal impact on the general fund of the state. 
This legislation allows school districts to charge a reasonable
fee for after-hours use of their facilities by political
organizations.




Contact
Name: Senator Monty Pearce
      Representative Lawerence Denney
Phone: (208) 332-1000





STATEMENT OF PURPOSE/FISCAL NOTE                     S 1179