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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
|||| 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
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