2005 Legislation
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HOUSE BILL NO. 16 – Professionl-Tech Educ Bd, powers

HOUSE BILL NO. 16

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Bill Status



H0016..........................................................by EDUCATION
PROFESSIONAL-TECHNICAL EDUCATION - Amends existing law relating to the
State Board for Professional-Technical Education to provide consistency in
language relating to powers of the board regarding removal of employees.
                                                                        
01/20    House intro - 1st rdg - to printing
01/21    Rpt prt - to Educ
02/21    Rpt out - rec d/p - to 2nd rdg
02/22    2nd rdg - to 3rd rdg
02/28    3rd rdg - PASSED - 68-0-2
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon,
      Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth,
      Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest,
      Henderson, Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez,
      Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen,
      Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
      Rydalch, Sayler, Shepherd(2), Shepherd(8), Shirley, Skippen,
      Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills,
      Wood, Mr. Speaker
      NAYS -- None
      Absent and excused -- Sali, Schaefer
    Floor Sponsor - Kemp
    Title apvd - to Senate
03/01    Senate intro - 1st rdg - to Educ
03/10    Rpt out - rec d/p - to 2nd rdg
03/11    2nd rdg - to 3rd rdg
03/14    3rd rdg - PASSED - 34-0-0, 1 vacancy
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson,
      Schroeder, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- (District 21 seat vacant)
    Floor Sponsor - Jorgenson
    Title apvd - to House
03/14    To enrol
03/15    Rpt enrol - Sp signed
03/16    Pres signed
03/17    To Governor
03/21    Governor signed
         Session Law Chapter 65
         Effective: 07/01/05

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 16
                                                                        
                                   BY EDUCATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO POWERS AND DUTIES OF THE STATE BOARD OF EDUCATION;  AMENDING  SEC-
  3        TIONS  33-2211, 33-3006 AND 33-3405, IDAHO CODE, TO PROVIDE CONSISTENCY IN
  4        LANGUAGE RELATING TO POWERS OF THE BOARD REGARDING REMOVAL OF EMPLOYEES.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION 1.  That Section 33-2211, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:
                                                                        
  8        33-2211.  POWERS  OF STATE BOARD FOR PROFESSIONAL-TECHNICAL EDUCATION. The
  9    state board for professional-technical education shall have the power:
 10        1.  To adopt rules for its own government and the government of the  East-
 11    ern Idaho Technical College;
 12        2.  To  employ  professional  and nonprofessional persons and to prescribe
 13    their qualifications;
 14        3.  To acquire and hold, and to dispose of, real  and  personal  property,
 15    and to construct, repair, remodel and remove buildings;
 16        4.  To  contract  for the acquisition, purchase or repair of buildings, in
 17    the manner prescribed for trustees of school districts;
 18        5.  To dispose of real and personal property in the manner prescribed  for
 19    trustees of school districts;
 20        6.  To  convey  and  transfer  real  property of the college upon which no
 21    buildings used for instruction are situated, to nonprofit corporations, school
 22    districts, community college housing commissions, counties or  municipalities,
 23    with  or  without consideration; to rent real or personal property for the use
 24    of the college, its students or faculty, for such terms as may  be  determined
 25    by  the state board for professional-technical education; and to lease real or
 26    personal property of the college not actually in use  for  instructional  pur-
 27    poses  on such terms as may be determined by the state board for professional-
 28    technical education;
 29        7.  To acquire, hold, and dispose of, water rights;
 30        8.  To accept grants or gifts of money, materials, or property of any kind
 31    from any governmental agency, or from any person,  firm,  or  association,  on
 32    such terms as may be determined by the grantor;
 33        9.  To  cooperate  with  any  governmental  agency, or any person, firm or
 34    association in the conduct of any educational program; to accept  grants  from
 35    any source for the conduct of such program, and to conduct such program on, or
 36    off, campus;
 37        10. To  employ a president of the college and, with his advice, to appoint
 38    such assistants, instructors, specialists and other employees as are  required
 39    for the operation of the college; to fix salaries and prescribe duties; and to
 40    remove  the  president or any other employees for cause in accordance with the
 41    policies and rules of the state board of education;
 42        11. With the advice of the president, to prescribe the  courses  and  pro-
 43    grams  of  study,  the  requirements for admission, the time and standards for
                                                                        
                                           2
                                                                        
  1    completion of such courses and programs, and to grant certificates or  associ-
  2    ate of applied science degrees for those students entitled thereto;
  3        12. To employ architects or engineers in planning the construction, remod-
  4    eling  or  repair of any building or property and, whenever no other agency is
  5    designated by  law so to do, to let contracts for such construction,  remodel-
  6    ing or repair and to supervise the work thereof;
  7        13. To have at all times, general supervision and control of all property,
  8    real and personal, appertaining to the college, and to insure the same.
                                                                        
  9        SECTION  2.  That  Section 33-3006, Idaho Code, be, and the same is hereby
 10    amended to read as follows:
                                                                        
 11        33-3006.  GENERAL POWERS OF BOARD OF TRUSTEES. The board  of  trustees  of
 12    the Idaho State University shall have the following powers:
 13        1.  To  adopt rules and regulations for its own government and for that of
 14    the university.
 15        2.  To employ a president of the  university  and,  with  his  advice,  to
 16    appoint  such  assistants, deans, instructors, specialists and other employees
 17    as are required for the operation of the university; to fix salaries and  pre-
 18    scribe duties; and to remove the president or any other employees for cause in
 19    accordance with the policies and rules of the state board of education.
 20        3.  With  the  advice  of the president, to prescribe the courses and pro-
 21    grams of study, the requirements for admission,  the  time  and  standard  for
 22    graduation, and to grant academic degrees to those students entitled thereto.
 23        4.  To  accept grants or gifts of money, materials or property of any kind
 24    from any governmental agency, or from any person, firm or association, on such
 25    terms as may be determined by the grantor.
 26        5.  To cooperate with any governmental agency,  or  any  person,  firm  or
 27    association  in  the  conduct  of any educational program, to accept grants or
 28    gifts from any source for the conduct of such program;  and  to  conduct  such
 29    program on or off campus.
 30        6.  To employ architects or engineers in planning the construction, remod-
 31    eling  or  repair of any building or property and, whenever no other agency is
 32    designated by law so to do, to let contracts for such construction, remodeling
 33    or repair and to supervise the work thereof.
 34        7.  To have at all times, general supervision and control of all property,
 35    real and personal, appertaining to the university, and to insure the same.
                                                                        
 36        SECTION 3.  That Section 33-3405, Idaho Code, be, and the same  is  hereby
 37    amended to read as follows:
                                                                        
 38        33-3405.  GENERAL  POWERS  OF  BOARD.  The  board of trustees of the Idaho
 39    School for the Deaf and the Blind shall have the following powers:
 40        1.  To adopt rules and regulations for its own government and that of  the
 41    school;
 42        2.  To  employ  a  superintendent  of the school, and, with his advice, to
 43    appoint such assistants, instructors, specialists and other employees  as  are
 44    required  for  the  operation  of  the  school;  to fix salaries and prescribe
 45    duties; and to remove the superintendent or any other employees for  cause  in
 46    accordance with the policies and rules of the state board of education;
 47        3.  With  the  advice  of  the  superintendent, to prescribe the course of
 48    study, the textbooks to be  used,  and  for  those  pupils  who  complete  the
 49    requirements for grade twelve (12), the time and standard of graduation;
 50        4.  To have at all times, general supervision and control of all property,
 51    real and personal, appertaining to the school, and to insure the same;
                                                                        
                                           3
                                                                        
  1        5.  To employ architects or engineers in planning the construction, remod-
  2    eling or repair of any building and, whenever no other agency is designated so
  3    to  do,  to  let  contracts for such construction, remodeling or repair and to
  4    supervise the work thereof;
  5        6.  To expend moneys appropriated, or otherwise placed to  the  credit  of
  6    the  school  for the maintenance and operation thereof, and to account for the
  7    same as prescribed by law;
  8        7.  To provide for the conveyance of pupils to and from  the  school,  the
  9    expense  of  such conveyance being a lawful use of the moneys available to the
 10    board of trustees.

Statement of Purpose / Fiscal Impact


                    STATEMENT  OF  PURPOSE
                           RS 14406

The purpose of this legislation is to make structure consistent 
for all colleges, universities, and executive agencies of the 
State Board of Education.  Currently, Section 33-3106, Idaho Code 
relating to Lewis-Clark State College, Section 33-2806, Idaho Code 
relating to the University of Idaho, and Section 33-4005, Idaho 
Code relating to Boise State University specify that the removal 
of an employee at a college, university, or executive agency, be 
made in accordance with the policies and rules of the State Board 
of Education.  This legislation would make the language found in 
Section 33-2211, Idaho Code relating to Professional Technical 
Education, Section 33-3006, Idaho Code relating to Idaho State 
University, and Section 33-3405, Idaho Code relating to the Idaho 
School for the Deaf and the Blind consistent with Section 33-3106, 
33-2806, and 33-4005, Idaho Code. 


                        FISCAL  IMPACT

This bill has no adverse impact on the general fund or the 
Division of Professional Technical Education, Idaho State 
University, or the Idaho School for the Deaf and Blind


CONTACT	
Name:		Karen Echeverria
Agency:		Office of the State Board of Education
Phone:		332-1567

STATEMENT OF PURPOSE/FISCAL NOTE                    H 16