2007 Legislation
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HOUSE BILL NO. 182 – School dist, bids, notices

HOUSE BILL NO. 182

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Bill Status



H0182..........................................................by EDUCATION
SCHOOL DISTRICTS - Amends existing law relating to notice requirements for
school district affairs to provide that notices calling for certain bids
shall be given in a newspaper of general circulation as required by Chapter
1, Title 60, Idaho Code.
                                                                        
02/13    House intro - 1st rdg - to printing
02/14    Rpt prt - to Educ
02/28    Rpt out - rec d/p - to 2nd rdg
03/01    2nd rdg - to 3rd rdg
03/02    3rd rdg - PASSED - 67-0-3
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Block, Bock, Bolz, Brackett, Chadderdon, Chavez, Chew, Clark,
      Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Harwood,
      Henbest, Henderson, Jaquet, Killen, King, Labrador, Lake, LeFavour,
      Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle,
      Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring,
      Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2),
      Shepherd(8), Shirley, Shively, Smith(30), Smith(24), Snodgrass,
      Stevenson, Thayn, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr.
      Speaker
      NAYS -- None
      Absent and excused -- Boe, Bradford, Kren
    Floor Sponsor - Mortimer
    Title apvd - to Senate
03/05    Senate intro - 1st rdg - to Educ
03/07    Rpt out - rec d/p - to 2nd rdg
03/08    2nd rdg - to 3rd rdg
03/15    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Bair, Bilyeu, Broadsword, Burkett, Cameron,
      Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde,
      Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
      Lodge, Malepeai, McGee, McKague, McKenzie, Pearce, Richardson,
      Schroeder, Siddoway, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- Bastian
    Floor Sponsor - Schroeder
    Title apvd - to House
03/16    To enrol - Rpt enrol - Sp signed
03/19    Pres signed - To Governor
03/23    Governor signed
         Session Law Chapter 166
         Effective: 07/01/07

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 182
                                                                        
                                   BY EDUCATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO NOTICE REQUIREMENTS FOR SCHOOL DISTRICT AFFAIRS; AMENDING  SECTION
  3        33-402, IDAHO CODE, TO PROVIDE THAT NOTICES CALLING FOR CERTAIN BIDS SHALL
  4        BE  GIVEN  IN A NEWSPAPER OF GENERAL CIRCULATION AS REQUIRED BY CHAPTER 1,
  5        TITLE 60, IDAHO CODE AND TO MAKE A TECHNICAL CORRECTION.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION 1.  That Section 33-402, Idaho Code, be, and the  same  is  hereby
  8    amended to read as follows:
                                                                        
  9        33-402.  NOTICE  REQUIREMENTS.  a.  Notice of all school elections must be
 10    given by posting and publishing notice of said elections and such notice shall
 11    state:
 12        1.  The date of holding the election;
 13        2.  The hours between which the polls will be open;
 14        3.  The definite place or places of holding the election;
 15        4.  In the case of election of trustees, the offices  to  be  filled,  the
 16        trustee  zones,  and  a  statement  that declarations of candidacy must be
 17        filed not later than 5:00 p.m. on the fifth Friday prior to the day of the
 18        election;
 19        5.  In the case of bond election, the amount of the issue, the purpose and
 20        period of the issue;
 21        6.  In the case of the assumption of a debt, the amount of any  such  debt
 22        to be assumed by each district, or part of a district; and
 23        7.  In  all  other elections, a brief statement of the question being sub-
 24        mitted to the electors.
 25        b.  In school elections involving (i) the incurring  or  increasing  of  a
 26    debt,  (ii)  approving  a  levy  for  a plant facilities reserve fund and term
 27    thereof, (iii) excising and annexing territory, (iv) consolidating  districts,
 28    or  (v)  dividing  a district, notice of the election shall be posted not less
 29    than twenty-one (21) days prior to the day of the election in at  least  three
 30    (3) places in each district participating in or affected by such election, one
 31    (1)  of  which  places shall be at or near the main door of the administrative
 32    offices of each such district, and by publishing at least once each  week  for
 33    three (3) consecutive weeks prior to the day of the election in a newspaper as
 34    provided  in  section  60-106,  Idaho  Code, published in the county or in any
 35    county in which such district may lie and having  general  circulation  within
 36    such district.
 37        c.  Notice  of  all other school elections shall be given in the same man-
 38    ner, except that the posting shall be for not less than  ten  (10)  days,  and
 39    publishing  shall  be  at  least  once each week for two (2) consecutive weeks
 40    prior to the day of the election.
 41        d.  Notice of the deadline for filing declaration of candidacy  for  elec-
 42    tion of trustees shall be posted for not less than ten (10) days and published
 43    at  least  once  each week for two (2) consecutive weeks prior to the last day
                                                                        
                                       2
                                                                        
  1    for filing nominating petitions as required by section 33-502, Idaho Code.
  2        e.  In elections for excising and annexing the territory  of  school  dis-
  3    tricts,  or  to  create new school districts by consolidation or division, the
  4    clerk of the board of county commissioners of the county in which the district
  5    lies, or of the home county if the district be a joint  district,  shall  pre-
  6    pare, post, sign and arrange for the publishing of, the notice of election. In
  7    all other elections it shall be the duty of the clerk of the board of trustees
  8    so to do.
  9        f.  Notice  of  annual  meeting of elementary school districts as provided
 10    for in section 33-510, Idaho Code, and of intent to discontinue a  school,  as
 11    provided  for in section 33-511, Idaho Code, and annual budget hearing as pro-
 12    vided for in section 33-801, Idaho Code, shall be given by  posting  and  pub-
 13    lishing as outlined in subsection b. of this section except that posting shall
 14    be  for  not  less than ten (10) days, and publishing shall be once in a news-
 15    paper as provided in section 60-106, Idaho Code,  published  within  the  dis-
 16    trict,  or,  if  there  be  none,  then  in a newspaper as provided in section
 17    60-106, Idaho Code, published in the county in which such  district  lies.  If
 18    more  than  one  (1)  newspaper  is  printed and published in said district or
 19    county, then in the newspaper most likely to give best general notice  of  the
 20    election  within  said district; provided that if no newspaper is published in
 21    the said district or county, then  in  a  newspaper  as  provided  in  section
 22    60-106,  Idaho  Code,  most likely to give best general notice of the election
 23    within the district.
 24        g.  Notices calling for bids for the acquisition, use, or disposal of real
 25    and personal property as provided for in section 33-601, Idaho Code, and  con-
 26    tracting for transportation services as provided for in section 33-1510, Idaho
 27    Code,  shall  be  given  in  a newspaper of general circulation as required by
 28    chapter 28 1, title 67 60, Idaho Code, except that the notice for  contracting
 29    for  transportation services shall be made not less than four (4) weeks before
 30    the date of opening bids.
 31        h.  Proof of posting notice shall be upon  the  affidavit  of  the  person
 32    posting  the same; and proof of publication shall be upon the affidavit of the
 33    publisher of the newspaper or newspapers respectively. Such  affidavits  shall
 34    be  filed with his board by the clerk responsible for the posting and the pub-
 35    lishing of said notice, before the day of the election named in the notice.

Statement of Purpose / Fiscal Impact


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                       STATEMENT OF PURPOSE

                             RS 16896

This legislation provides clear direction to school districts
concerning the notice requirements for the disposal of real and
personal property. The current statute is unclear by its current
reference. The proposed changes will clarify the statute.


                           FISCAL NOTE

No fiscal impact.




Contact
Name: Representative Mortimer 
Phone: 332-1000


STATEMENT OF PURPOSE/FISCAL NOTE                         H 182