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H0237......................................................by STATE AFFAIRS
COMMUNITY COLLEGES - Amends existing law to revise procedures and elections
for the formation of a community college district.
02/26 House intro - 1st rdg - to printing
02/27 Rpt prt - to St Aff
03/01 Rpt out - rec d/p - to 2nd rdg
03/02 2nd rdg - to 3rd rdg
03/07 3rd rdg - PASSED - 67-0-3
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bilbao, Black,
Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew,
Clark, Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart,
Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador,
Lake, LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin,
Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence,
Raybould, Ring, Ringo, Roberts, Ruchti, Rusche, Sayler, Shepherd(2),
Shepherd(8), Shirley, Shively, Smith(30), Smith(24), Snodgrass,
Stevenson, Thayn, Trail, Vander Woude, Wills, Wood(27), Wood(35)
NAYS -- None
Absent and excused -- Bell, Schaefer, Mr. Speaker
Floor Sponsor - Labrador
Title apvd - to Senate
03/08 Senate intro - 1st rdg - to St Aff
03/20 Rpt out - rec d/p - to 2nd rdg
03/21 2nd rdg - to 3rd rdg
03/22 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Bair, Bastian, 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 -- None
Floor Sponsor - McKenzie
Title apvd - to House
03/22 To enrol - Rpt enrol - Sp signed
03/23 Pres signed
03/26 To Governor
03/28 Governor signed
Session Law Chapter 241
Effective: 03/28/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 237
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO FORMATION OF COMMUNITY COLLEGE DISTRICTS; AMENDING SECTION
3 33-2104, IDAHO CODE, TO REVISE PROCEDURES AND ELECTIONS FOR THE FORMATION
4 OF A COMMUNITY COLLEGE DISTRICT AND TO MAKE TECHNICAL CORRECTIONS; DECLAR-
5 ING AN EMERGENCY AND PROVIDING APPLICATION.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 33-2104, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 33-2104. FORMATION OF JUNIOR COMMUNITY COLLEGE DISTRICTS. A junior commu-
10 nity college district may be organized by the vote of the school district
11 electors of the proposed district, voting at an election called and held as
12 herein provided:
13 a. A petition or petitions, signed by not less than one thousand (1,000)
14 school district qualified electors as defined in section 34-104, Idaho Code,
15 residing in the proposed junior community college district, giving the name of
16 the proposed junior community college, describing the boundaries of the pro-
17 posed district and praying for the organization of the territory therein
18 described as a junior community college district, together with a true copy
19 thereof, shall be filed with the clerk of the board of county commissioners of
20 the county in which such proposed district is to be located;
21 b. Said petition or petitions shall be verified by at least one (1)
22 school district elector, which verification shall state that affiant knows
23 that all the parties whose names are signed to the petition or petitions have
24 the qualification of school district electors and are residents of the pro-
25 posed district. The verification may be made before any notary public pre-
26 sented to the clerk of the board of county commissioners. An examination to
27 verify whether or not the petition signers are qualified electors shall be
28 conducted by the county clerk as provided in section 34-1807, Idaho Code;
29 c. Upon receipt of such petition or petitions the clerk of the board of
30 county commissioners In the event the petition is found by the county clerk to
31 contain the required number of signatures, the clerk shall file the original
32 in his office, and forthwith mail the copy thereof to the state board of edu-
33 cation for its consideration and recommendation. The state board of education
34 shall consider the existing opportunities for education beyond grade twelve
35 (12) in the proposed district, the number of prospective students for such
36 junior community college, the financial ability of the proposed district to
37 maintain such college and furnish the standard of education contemplated by
38 this chapter with income from tuition and other sources as herein provided. If
39 the state board approves the establishment of such junior community college,
40 it shall so advise the board of county commissioners within thirty (30) days
41 after the receipt of such petition or petitions, and recommend that an elec-
42 tion be called as herein provided for the organization of such district;
43 d. Upon receipt by the board of county commissioners of the written
2
1 approval of the state board of education, the board of county commissioners
2 shall enter an order that a special election be called within the proposed new
3 district for the purpose of voting on the question of the creation of such
4 district on one (1) of the election dates enumerated in section 34-106, Idaho
5 Code. No notice of election need be posted, but notice shall be published, the
6 election shall be conducted and the returns thereof canvassed as required in
7 elections on the question of consolidation of school districts chapter 14,
8 title 34, Idaho Code. The ballot shall contain the words "JuniorCommunity Col-
9 lege District--Yes" and "JuniorCommunity College District--No," each followed
10 by a box in which the voter may express his choice by marking a cross "X."
11 along with a voting position in which the voter may express his choice. If
12 two-thirds (2/3) of all votes cast be in the affirmative, the board of county
13 commissioners shall enter an order declaring such junior community college
14 district established, designating its name and boundaries. A certified copy of
15 such order shall forthwith be filed with the state board of education.;
16 e. If the proposed district embraces an area in two (2) or more counties,
17 the county in which it is proposed to locate the junior community college
18 shall be considered the home county, in which the proceedings for the organi-
19 zation of the district shall be conducted, taken and had. Before calling an
20 election on the creation of the proposed district, the board of county commis-
21 sioners of the home county shall advise the board or boards of county commis-
22 sioners of such other county or counties of the proposed election, to the end
23 that a date may be agreed upon and the election be held in all counties
24 affected on the same day. The board of county commissioners in any such other
25 county shall give notice of the election, conduct the same and canvass the
26 returns thereof as though it were the only county in which such election were
27 being held. The returns of the election so canvassed shall be certified
28 promptly to the board of county commissioners of the home county. The result
29 of the election shall in turn be certified by the board of county commission-
30 ers of the home county to such board in each county in which the proposed dis-
31 trict may lie, and if the result of the election be in the affirmative, a cer-
32 tified copy of the order creating the district shall be filed with the clerk
33 of the board of county commissioners of such other county or counties, and
34 entered into the minutes of the board therein.
35 SECTION 2. An emergency existing therefor, which emergency is hereby
36 declared to exist, this act shall be in full force and effect on and after its
37 passage and approval and shall apply to all petitions for formation of a com-
38 munity college district that were initially circulated after the effective
39 date of this act. Section 33-2104, Idaho Code, as it existed one day prior to
40 the effective date of this act shall apply to all petitions for formation of a
41 community college district that were initially circulated prior to the effec-
42 tive date of this act. The election process in Section 1 of this act shall
43 apply to all elections for formation of a community college district held on
44 and after the effective date of this act.
STATEMENT OF PURPOSE
RS 17068
This proposed legislation makes the procedures to be
followed in the creation of a community college more
consistent with procedures followed in creating other taxing
districts in the state. It ensures that the signatures on
the formation petition are qualified electors by requiring
that they be checked by the county clerk. It also requires
that the election be conducted by the county clerk under
Title 34, Idaho Code.
Fiscal Impact
There will be no fiscal impact on the General Fund.
Contact:
Tim Hurst, Deputy Secretary of State
Phone: 334-2300
STATEMENT OF PURPOSE/FISCAL NOTE H 237