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S1019..........................................................by SCHROEDER CHARTER SCHOOLS - Amends existing law relating to organization of public charter schools as nonprofit corporations to incorporate schools chartered by the public charter school commission. 01/18 Senate intro - 1st rdg - to printing 01/19 Rpt prt - to Educ 01/31 Rpt out - rec d/p - to 2nd rdg 02/01 2nd rdg - to 3rd rdg 02/07 3rd rdg - PASSED - 33-0-2 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Gannon, Geddes, Goedde, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- Hill, Noble Floor Sponsor - Schroeder Title apvd - to House 02/08 House intro - 1st rdg - to Educ
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005IN THE SENATE SENATE BILL NO. 1019 BY SCHROEDER 1 AN ACT 2 RELATING TO ORGANIZATION OF PUBLIC CHARTER SCHOOLS; AMENDING SECTION 33-5204, 3 IDAHO CODE, TO INCORPORATE SCHOOLS CHARTERED BY THE PUBLIC CHARTER SCHOOL 4 COMMISSION IN THE PROVISIONS OF THE SECTION. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 33-5204, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 33-5204. NONPROFIT CORPORATION -- LIABILITY -- INSURANCE. (1) A public 9 charter school shall be organized and managed under the Idaho nonprofit corpo- 10 ration act. The board of directors of a public charter school shall be deemed 11 public agents authorized by a public school district or the public charter 12 school commission, or the state board of education to control the public 13 charter school, but shall function independently of any school board of 14 trustees in any school district in which the public charter school is located, 15 or the public charter school commission or the state board of education, 16 except as provided in the charter. For the purposes of section 59-1302(15), 17 Idaho Code, a public charter school created pursuant to this chapter shall be 18 deemed a governmental entity. Pursuant to the provisions of section 63-3622O, 19 Idaho Code, sales to or purchases by a public charter school are exempt from 20 payment of the sales and use tax. A public charter school and the board of 21 directors of a public charter school are subject to the provisions of: 22 (a) Sections 18-1351 through 18-1362, Idaho Code, on bribery and corrupt 23 influence; 24 (b) Chapter 2, title 59, Idaho Code, on prohibitions against contracts 25 with officers; 26 (c) Chapter 7, title 59, Idaho Code, on ethics in government; 27 (d) Chapter 23, title 67, Idaho Code, on open public meetings; and 28 (e) Chapter 3, title 9, Idaho Code, on disclosure of public records 29 in the same manner that a traditional public school and the board of school 30 trustees of a school district are subject to those provisions. 31 (2) A public charter school may sue or be sued, purchase, receive, hold 32 and convey real and personal property for school purposes, and borrow money 33 for such purposes, to the same extent and on the same conditions as a tradi- 34 tional public school district, and its employees, directors and officers shall 35 enjoy the same immunities as employees, directors and officers of traditional 36 public school districts and other public schools, including those provided by 37 chapter 9, title 6, Idaho Code. The authorized chartering entity that grants a 38 public school charter shall have no liability for the acts, omissions, debts 39 or other obligations of a public charter school, except as may be provided in 40 the charter. A local public school district shall have no liability for the 41 acts, omissions, debts or other obligations of a public charter school located 42 in its district that has been approved by an authorized chartering entity 43 other than the board of trustees of the local school district. 2 1 (3) Nothing in this chapter shall prevent the board of directors of a 2 public charter school, operating as a nonprofit corporation, from borrowing 3 money to finance the purchase or lease of school building facilities, equip- 4 ment and furnishings of those school building facilities. Subject to the terms 5 of a contractual agreement between the board and a lender, nothing herein 6 shall prevent the board from using the facility, its equipment and furnish- 7 ings, as collateral for the loan. 8 (4) Public charter schools shall secure insurance for liability and prop- 9 erty loss. 10 (5) It shall be unlawful for: 11 (a) Any director to have pecuniary interest directly or indirectly in any 12 contract or other transaction pertaining to the maintenance or conduct of 13 the authorized chartering entity and charter, or to accept any reward or 14 compensation for services rendered as a director except as may be other- 15 wise provided in this subsection (5). The board of directors of a public 16 charter school may accept and award contracts involving the public charter 17 school to businesses in which the director or a person related to him by 18 blood or marriage within the second degree has a direct or indirect inter- 19 est, provided that the procedures set forth in section 18-1361 or 20 18-1361A, Idaho Code, are followed. The receiving, soliciting or accep- 21 tance of moneys of a public charter school for deposit in any bank or 22 trust company, or the lending of moneys by any bank or trust company to 23 any public charter school, shall not be deemed to be a contract pertaining 24 to the maintenance or conduct of a public charter school and authorized 25 chartering entity within the meaning of this section; nor shall the pay- 26 ment by any public charter school board of directors of compensation to 27 any bank or trust company for services rendered in the transaction of any 28 banking business with such public charter school board of directors be 29 deemed the payment of any reward or compensation to any officer or direc- 30 tor of any such bank or trust company within the meaning of this section. 31 (b) The board of directors of any public charter school to enter into or 32 execute any contract with the spouse of any member of such board, the 33 terms of which said contract require, or will require, the payment or 34 delivery of any public charter school funds, moneys or property to such 35 spouse, except as provided in section 18-1361 or 18-1361A, Idaho Code. 36 (6) When any relative of any director or relative of the spouse of a 37 director related by affinity or consanguinity within the second degree is to 38 be considered for employment in a public charter school, such director shall 39 abstain from voting in the election of such relative, and shall be absent from 40 the meeting while such employment is being considered and determined.
STATEMENT OF PURPOSE RS 14626 This legislation adds the Public Charter School Commission as an authorized chartering entity. This section of the law was not updated in 2004 when S1444 created the Public Charter School Commission. FISCAL IMPACT No fiscal impact on the general fund. Contact Name: Jan Sylvester Phone: 208-884-5680 STATEMENT OF PURPOSE/FISCAL NOTE S 1019