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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
]]]] 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.
REPRINT REPRINT REPRINT REPRINT
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