2007 Legislation
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HOUSE BILL NO. 237 – Community college dist, formation


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Bill Status

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

Bill Text

  ]]]]              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
  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:
 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
  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 / Fiscal Impact

                    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.
  Tim Hurst, Deputy Secretary of State
  Phone: 334-2300
  STATEMENT OF PURPOSE/FISCAL NOTE                    H 237