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S1089aa........................................................by EDUCATION
COMMUNITY COLLEGES - Amends and adds to existing law relating to community
colleges to provide for trustee terms of four years; to provide limitations
on dates for elections of trustees; to provide for conducting elections as
prescribed in Chapter 14, Title 34, Idaho Code; and to provide that the
exemption from limitation upon elections for school districts does not
apply to community colleges governed by Chapter 21, Title 33, Idaho Code.
02/06 Senate intro - 1st rdg - to printing
02/07 Rpt prt - to Educ
02/21 Rpt out - to 14th Ord
02/26 Rpt out amen - to engros
02/27 Rpt engros - 1st rdg - to 2nd rdg as amen
02/28 2nd rdg - to 3rd rdg as amen
03/02 3rd rdg as amen - PASSED - 34-0-1
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, Pearce, Richardson,
Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- McKenzie
Floor Sponsor - Goedde
Title apvd - to House
03/05 House intro - 1st rdg - to Educ
03/07 Rpt out - rec d/p - to 2nd rdg
03/08 2nd rdg - to 3rd rdg
03/12 3rd rdg - PASSED - 65-0-5
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bilbao, Black,
Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew,
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, 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), Mr. Speaker
NAYS -- None
Absent and excused -- Bell, Clark, Raybould, Ring, Wood(35)
Floor Sponsor - Bolz
Title apvd - to Senate
03/13 To enrol
03/14 Rpt enrol - Pres signed - Sp signed
03/15 To Governor
03/20 Governor signed
Session Law Chapter 92
Effective: 03/20/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE SENATE
SENATE BILL NO. 1089
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO COMMUNITY COLLEGES; AMENDING SECTION 33-2106, IDAHO CODE, TO PRO-
3 VIDE FOR TRUSTEE TERMS OF FOUR YEARS, TO PROVIDE LIMITATIONS ON DATES FOR
4 ELECTIONS OF TRUSTEES, TO PROVIDE FOR CONDUCTING ELECTIONS AS PRESCRIBED
5 IN CHAPTER 14, TITLE 34, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY AND TO
6 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 33-2111, IDAHO CODE, TO
7 DECREASE THE MAXIMUM ALLOWABLE LEVY UPON THE TAXABLE PROPERTY WITHIN A
8 COMMUNITY COLLEGE DISTRICT FROM SIXTEEN HUNDREDTHS PERCENT OF MARKET VALUE
9 FOR ASSESSMENT PURPOSES TO ONE HUNDRED TWENTY-FIVE THOUSANDTHS PERCENT OF
10 MARKET VALUE FOR ASSESSMENT PURPOSES; AMENDING CHAPTER 21, TITLE 33, IDAHO
11 CODE, BY THE ADDITION OF A NEW SECTION 33-2145, IDAHO CODE, TO PROVIDE AN
12 ELECTION PROCEDURE FOR DISSOLUTION OF A COMMUNITY COLLEGE DISTRICT; AMEND-
13 ING SECTION 34-106, IDAHO CODE, TO PROVIDE THAT THE EXEMPTION FROM LIMITA-
14 TION UPON ELECTIONS FOR SCHOOL DISTRICTS DOES NOT APPLY TO COMMUNITY COL-
15 LEGES GOVERNED BY CHAPTER 21, TITLE 33, IDAHO CODE, AND TO MAKE A TECHNI-
16 CAL CORRECTION; PROVIDING SEVERABILITY; DECLARING AN EMERGENCY AND PROVID-
17 ING RETROACTIVE APPLICATION FOR SECTION 2 OF THIS ACT; AND DECLARING AN
18 EMERGENCY FOR SECTIONS 1 AND 4 OF THIS ACT.
19 Be It Enacted by the Legislature of the State of Idaho:
20
21 SECTION 1. That Section 33-2106, Idaho Code, be, and the same is
22 hereby amended to read as follows:
23 33-2106. TRUSTEES OF JUNIOR COMMUNITY COLLEGE DISTRICTS. (1) The board
24 of trustees of each junior community college district shall consist of five
25 (5) school electors residing in the district who shall be appointed or elected
26 as herein provided.
27 (a) Immediately following the establishment of a junior community college
28 district, the state board of education shall appoint the members of the
29 first board, who shall serve until the election and qualification of their
30 successors.
31 (b) At the first election of trustees after the creation of a district,
32 five (5) trustees shall be elected;: two (2) for terms of two (2) years
33 each, two and three (23) for terms of four (4) years each, and one (1) for
34 a term of six (6) years. Thereafter the successors of persons so elected
35 shall be elected for terms of six four (64) years.
36 (c) Excluding any first election of trustees after the creation of a dis-
37 trict, at any other election of trustees held in 2008, and in each trustee
38 election thereafter, trustees shall be elected to terms of four (4) years.
39 If more than two (2) trustee positions are eligible for election in 2008,
40 one (1) trustee shall be elected to a term of four (4) years and two (2)
41 trustees shall be elected to a term of six (6) years. Thereafter the suc-
42 cessors of persons so elected in 2008 shall be elected for terms of four
43 (4) years.
44 (d) The expiration of any term shall be at the regular meeting of the
2
1 trustees next following the election for the successor terms.
2 (2) Elections of trustees of junior community college districts shall be
3 biennially in even-numbered years, and shall be held on such uniform day of
4 such uniform month as the board of trustees shall determine a date authorized
5 in section 34-106, Idaho Code. Vacancies on the board of trustees shall be
6 filled by appointment by the remaining members, but if by reason of vacancies
7 there remain on the board less than a majority of the required number of mem-
8 bers, appointment to fill such vacancies shall be made by the state board of
9 education. Any person so appointed shall serve until the next trustee elec-
10 tion, at which time his successor shall be elected for the unexpired term. The
11 trustees shall take and subscribe the oath of office required in the case of
12 state officers and said oath shall be filed with the secretary of state.
13 (3) Notice of the election, the conduct thereof, the qualification of
14 electors and the canvass of returns shall be as prescribed for the election of
15 school district trustees, and the board of trustees shall have and perform the
16 duties therein prescribed for the board of trustees of school districts. As a
17 condition of voting, an elector shall execute an oath before a judge or clerk
18 of election to the effect that such elector is a school district elector and a
19 resident of the junior college district in chapter 14, title 34, Idaho Code.
20 (4) The person or persons, equal in number to the number of trustees to
21 be elected for regular or unexpired terms, receiving the largest number of
22 votes shall be declared elected. An individual shall be a candidate for a spe-
23 cific position of the board and each candidate must declare which position he
24 seeks on the board of trustees. If it be necessary to resolve a tie between
25 two (2) or more persons, the board of trustees shall determine by lot which
26 thereof shall be declared elected. The clerk of the board shall promptly
27 notify any person by mail of his election, enclosing a form of oath to be sub-
28 scribed by him as herein provided.
29 (5) When elections held pursuant to this section coincide with other
30 elections held by the state of Idaho or any subdivision thereof, or any munic-
31 ipality or school district, the board of trustees may make agreement with the
32 body holding such election for joint boards of election and the payment of
33 fees and expenses of such boards of election on such proportionate basis as
34 may be agreed upon.
35 (6) At its first meeting following the appointment of the first board of
36 trustees, and at the first regular meeting following any junior community col-
37 lege trustee election, the board shall organize, and shall elect one (1) of
38 its member chairman, one (1) a vice-chairman; and shall elect a secretary and
39 a treasurer, who may be members of the board; or one (1) person to serve as
40 secretary and treasurer, who may be a member of the board.
41 (7) The board shall set a given day of a given week in each month as its
42 regular meeting time. Three (3) members of the board shall constitute a quorum
43 for the transaction of official business.
44 (8) The authority of trustees of junior community college districts shall
45 be limited in the manner prescribed in section 33-507, Idaho Code.
46 SECTION 2. That Section 33-2111, Idaho Code, be, and the same is hereby
47 amended to read as follows:
48 33-2111. TAXES AND OTHER FINANCIAL SUPPORT FOR COMMUNITY COLLEGES. For
49 the maintenance and operation of each community college, in addition to the
50 income from tuition paid by students as hereinbefore provided, the board of
51 trustees may levy upon the taxable property within the district a tax not to
52 exceed sixteen hundredths one hundred twenty-five thousandths percent (.1625%)
53 of the market value for assessment purposes on all taxable property within the
3
1 district.
2 The tax levy determined by the board of trustees, within said limit, shall
3 be certified to the board of county commissioners in each county in which the
4 district may lie, not later than the second Monday in September of each year.
5 No levy in excess of sixteen hundredths one hundred twenty-five thousandths
6 percent (.1625%) of the market value for assessment purposes on all taxable
7 property within the district shall be made unless a supplemental levy in a
8 specified amount be first authorized through an election held, as provided in
9 sections 33-401 through 33-406, Idaho Code, as if the community college dis-
10 trict were a school district and approved by a majority of the district elec-
11 tors voting in such election.
12 SECTION 3. That Chapter 21, Title 33, Idaho Code, be, and the same is
13 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
14 ignated as Section 33-2145, Idaho Code, and to read as follows:
15 33-2145. DISSOLUTION OF DISTRICT -- PROCEDURE. (1) Any person or persons
16 may file a petition for the dissolution of a community college district formed
17 under the provisions of this chapter 21, title 33, Idaho Code. Such petition
18 shall be filed with the clerk of the county in which the community college is
19 located. Such petition, which may be in one (1) or more papers, shall state
20 the name of the district and shall be signed by not less than ten percent
21 (10%) of the total number of residents within the boundaries of the district
22 who were registered with the county to vote in the immediately preceding gen-
23 eral election.
24 (2) Within thirty (30) days after the filing of such petition, the county
25 commissioners shall determine whether or not the same substantially complies
26 with the requirements of this section. If the county commissioners find that
27 there has not been substantial compliance with such requirements, they shall
28 enter an order to that effect specifying the particular deficiencies and dis-
29 missing the petition. If the county commissioners find that there has been
30 substantial compliance with such requirements, the county commissioners shall
31 forthwith enter an order to that effect and call for an election upon the dis-
32 solution of such district to be held at the same time as the next county gen-
33 eral election, as provided in this section.
34 (3) If the county commissioners order an election as provided in this
35 section, such election shall be conducted and notice thereof given as nearly
36 as practicable in accordance with the manner of general elections in this
37 state.
38 (4) Immediately after such election, the judges at such election shall
39 forward the ballots and results of such election to the county clerk. The
40 county commissioners shall canvass the vote within ten (10) days after such
41 election. If one-half (1/2) or more of the votes cast at such election are
42 against the dissolution of such district, the county commissioners shall enter
43 an order so finding and declaring that such district shall not be dissolved.
44 If more than one-half (1/2) of the votes cast at such election are in favor of
45 dissolving such district, the county commissioners shall enter an order so
46 finding and declaring such district duly dissolved. The county commissioners
47 shall cause one (1) certified copy of such order to be filed in the office of
48 the county recorder of such county. Immediately upon the entry of such order,
49 the dissolution of such district shall be complete.
50 (5) Upon such dissolution being complete, title of all property of the
51 dissolved district shall vest in the county where such property is situated.
52 The county commissioners shall then:
53 (a) Sell and dispose thereof in the manner provided by law for the sale
4
1 or disposition of county property;
2 (b) Apply the proceeds thereof to pay any lawful claims against the dis-
3 solved district, if any; and
4 (c) Apply the balance remaining, if any, to any public purpose within the
5 county.
6 (d) If the proceeds from the sale and disposition of the properties and
7 assets of the dissolved district are insufficient to discharge all lawful
8 debt and claims against the dissolved district, the county commissioners
9 are hereby authorized and directed to ensure that the property tax levied
10 pursuant to section 33-2111, Idaho Code, continues in effect until all
11 lawful debt and claims against the dissolved district are discharged.
12 (6) When the boundaries of the district lie in two (2) or more counties,
13 the county commissioners of each county shall act separately in the election
14 and dissolution of that part of the district contained in their county but the
15 county commissioners of each such county shall meet together before calling
16 such election and provide for uniform proceedings in each county. If one-half
17 (1/2) or more of all votes cast at such election are against the dissolution
18 of such district, the county commissioners of each affected county shall enter
19 an order so finding and declaring that such district shall not be dissolved.
20 If more than one-half (1/2) of all votes cast at such election are in favor of
21 dissolving such district, the county commissioners of each affected county
22 shall enter an order so finding and declaring such district duly dissolved.
23 The county commissioners of each affected county shall cause one (1) certified
24 copy of such order to be filed in the office of the county recorder of such
25 county. Immediately upon the entry of such order, the dissolution of such dis-
26 trict shall be complete. If there is any balance remaining after sale and dis-
27 position of the property of such dissolved district, it shall be prorated
28 among such counties in proportion to each county's share of the total assessed
29 valuation of such dissolved district for the preceding calendar year. If the
30 proceeds from the sale and disposition of the properties and assets of the
31 dissolved district are insufficient to discharge all lawful debt and claims
32 against the dissolved district, the county commissioners of the affected coun-
33 ties are hereby authorized and directed to ensure that the property tax levied
34 pursuant to section 33-2111, Idaho Code, continues in effect until all lawful
35 debt and claims against the dissolved district are discharged.
36 (7) After such election, the validity of the proceedings hereunder shall
37 not be affected by any defect in the petition or in the number or qualifica-
38 tions of the signers thereof, and in no event shall any action be commenced or
39 maintained or defense made affecting the validity of the dissolution of such
40 district after six (6) months has expired from the date of entering the order
41 declaring the dissolution of such district.
42 SECTION 4. That Section 34-106, Idaho Code, be, and the same is hereby
43 amended to read as follows:
44 34-106. LIMITATION UPON ELECTIONS. On and after January 1, 1994, notwith-
45 standing any other provisions of the law to the contrary, there shall be no
46 more than four (4) elections conducted in any county in any calendar year,
47 except as provided in this section, and except that elections to fill vacan-
48 cies in the United States house of representatives shall be held as provided
49 in the governor's proclamation.
50 (1) The dates on which elections may be conducted are:
51 (a) the first Tuesday in February of each year; and
52 (b) the fourth Tuesday in May of each year; and
53 (c) the first Tuesday in August of each year; and
5
1 (d) the Tuesday following the first Monday in November of each year.
2 (e) In addition to the elections specified in paragraphs (a) through (d)
3 of this subsection, an emergency election may be called upon motion of the
4 governing board of a political subdivision. An emergency exists when there
5 is a great public calamity, such as an extraordinary fire, flood, storm,
6 epidemic, or other disaster, or if it is necessary to do emergency work to
7 prepare for a national or local defense, or it is necessary to do emer-
8 gency work to safeguard life, health or property. Such a special election,
9 if conducted by the county clerk, shall be conducted at the expense of the
10 political subdivision submitting the question.
11 (2) Candidates for office elected in February, May or August shall take
12 office on the date specified in the certificate of election but not more than
13 sixty (60) days following the election.
14 (3) Candidates for office elected in November shall take office as pro-
15 vided in the constitution, or on January 1, next succeeding the November elec-
16 tion.
17 (4) The governing board of each political subdivision subject to the pro-
18 visions of this section, which, prior to January 1, 1994, conducted an elec-
19 tion for members of that governing board on a date other than a date permitted
20 in subsection (1) of this section, shall establish as the election date for
21 that political subdivision the date authorized in subsection (1) of this sec-
22 tion which falls nearest the date on which elections were previously con-
23 ducted, unless another date is established by law.
24 (5) The secretary of state is authorized to provide such assistance as
25 necessary, and to prescribe any needed rules, regulations or interpretations
26 for the conduct of election authorized under the provisions of this section.
27 (6) School districts governed by title 33, Idaho Code, but not including
28 community colleges governed by chapter 21, title 33, Idaho Code, and water
29 districts governed by chapter 6, title 42, Idaho Code, are exempt from the
30 provisions of this section.
31 (7) Initiative, referendum and recall elections conducted by any politi-
32 cal subdivision shall be held on the nearest date authorized in subsection (1)
33 of this section which falls more than forty-five (45) days after the clerk of
34 the political subdivision orders that such initiative, referendum or recall
35 election shall be held.
36 SECTION 5. SEVERABILITY. The provisions of this act are hereby declared
37 to be severable and if any provision of this act or the application of such
38 provision to any person or circumstance is declared invalid for any reason,
39 such declaration shall not affect the validity of the remaining portions of
40 this act.
41 SECTION 6. An emergency existing therefor, which emergency is hereby
42 declared to exist, Section 2 of this act shall be in full force and effect on
43 and after its passage and approval, and retroactively to January 1, 2007.
44 SECTION 7. An emergency existing therefor, which emergency is hereby
45 declared to exist, Sections 1 and 4 of this act shall be in full force and
46 effect on and after their passage and approval.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
Moved by Goedde
Seconded by Gannon
IN THE SENATE
SENATE AMENDMENT TO S.B. NO. 1089
1 AMENDMENTS TO BILL
2 On page 2, delete lines 46 through 53; delete page 3; on page 4, delete
3 lines 1 through 41; and in line 42, delete "SECTION 4" and insert: "SECTION
4 2".
5 On page 5, in line 36, delete "SECTION 5" and insert: "SECTION 3"; and
6 delete lines 41 through 46, and insert:
7 "SECTION 4. An emergency existing therefor, which emergency is hereby
8 declared to exist, the provisions of this act shall be in full force and
9 effect on and after passage and approval.".
10 CORRECTIONS TO TITLE
11 On page 1, in line 6, following "CORRECTIONS;" delete the remainder of the
12 line; delete lines 7 through 11; in line 12, delete "ELECTION PROCEDURE FOR
13 DISSOLUTION OF A COMMUNITY COLLEGE DISTRICT;"; in line 16, delete "DECLARING
14 AN EMERGENCY AND PROVID-"; in line 17, delete "ING RETROACTIVE APPLICATION FOR
15 SECTION 2 OF THIS ACT;"; and in line 18, delete "FOR SECTIONS 1 AND 4 OF THIS
16 ACT".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE SENATE
SENATE BILL NO. 1089, As Amended
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO COMMUNITY COLLEGES; AMENDING SECTION 33-2106, IDAHO CODE, TO PRO-
3 VIDE FOR TRUSTEE TERMS OF FOUR YEARS, TO PROVIDE LIMITATIONS ON DATES FOR
4 ELECTIONS OF TRUSTEES, TO PROVIDE FOR CONDUCTING ELECTIONS AS PRESCRIBED
5 IN CHAPTER 14, TITLE 34, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY AND TO
6 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 34-106, IDAHO CODE, TO PRO-
7 VIDE THAT THE EXEMPTION FROM LIMITATION UPON ELECTIONS FOR SCHOOL DIS-
8 TRICTS DOES NOT APPLY TO COMMUNITY COLLEGES GOVERNED BY CHAPTER 21, TITLE
9 33, IDAHO CODE, AND TO MAKE A TECHNICAL CORRECTION; PROVIDING SEVERABIL-
10 ITY; AND DECLARING AN EMERGENCY.
11 Be It Enacted by the Legislature of the State of Idaho:
12
13 SECTION 1. That Section 33-2106, Idaho Code, be, and the same is
14 hereby amended to read as follows:
15 33-2106. TRUSTEES OF JUNIOR COMMUNITY COLLEGE DISTRICTS. (1) The board
16 of trustees of each junior community college district shall consist of five
17 (5) school electors residing in the district who shall be appointed or elected
18 as herein provided.
19 (a) Immediately following the establishment of a junior community college
20 district, the state board of education shall appoint the members of the
21 first board, who shall serve until the election and qualification of their
22 successors.
23 (b) At the first election of trustees after the creation of a district,
24 five (5) trustees shall be elected;: two (2) for terms of two (2) years
25 each, two and three (23) for terms of four (4) years each, and one (1) for
26 a term of six (6) years. Thereafter the successors of persons so elected
27 shall be elected for terms of six four (64) years.
28 (c) Excluding any first election of trustees after the creation of a dis-
29 trict, at any other election of trustees held in 2008, and in each trustee
30 election thereafter, trustees shall be elected to terms of four (4) years.
31 If more than two (2) trustee positions are eligible for election in 2008,
32 one (1) trustee shall be elected to a term of four (4) years and two (2)
33 trustees shall be elected to a term of six (6) years. Thereafter the suc-
34 cessors of persons so elected in 2008 shall be elected for terms of four
35 (4) years.
36 (d) The expiration of any term shall be at the regular meeting of the
37 trustees next following the election for the successor terms.
38 (2) Elections of trustees of junior community college districts shall be
39 biennially in even-numbered years, and shall be held on such uniform day of
40 such uniform month as the board of trustees shall determine a date authorized
41 in section 34-106, Idaho Code. Vacancies on the board of trustees shall be
42 filled by appointment by the remaining members, but if by reason of vacancies
43 there remain on the board less than a majority of the required number of mem-
44 bers, appointment to fill such vacancies shall be made by the state board of
2
1 education. Any person so appointed shall serve until the next trustee elec-
2 tion, at which time his successor shall be elected for the unexpired term. The
3 trustees shall take and subscribe the oath of office required in the case of
4 state officers and said oath shall be filed with the secretary of state.
5 (3) Notice of the election, the conduct thereof, the qualification of
6 electors and the canvass of returns shall be as prescribed for the election of
7 school district trustees, and the board of trustees shall have and perform the
8 duties therein prescribed for the board of trustees of school districts. As a
9 condition of voting, an elector shall execute an oath before a judge or clerk
10 of election to the effect that such elector is a school district elector and a
11 resident of the junior college district in chapter 14, title 34, Idaho Code.
12 (4) The person or persons, equal in number to the number of trustees to
13 be elected for regular or unexpired terms, receiving the largest number of
14 votes shall be declared elected. An individual shall be a candidate for a spe-
15 cific position of the board and each candidate must declare which position he
16 seeks on the board of trustees. If it be necessary to resolve a tie between
17 two (2) or more persons, the board of trustees shall determine by lot which
18 thereof shall be declared elected. The clerk of the board shall promptly
19 notify any person by mail of his election, enclosing a form of oath to be sub-
20 scribed by him as herein provided.
21 (5) When elections held pursuant to this section coincide with other
22 elections held by the state of Idaho or any subdivision thereof, or any munic-
23 ipality or school district, the board of trustees may make agreement with the
24 body holding such election for joint boards of election and the payment of
25 fees and expenses of such boards of election on such proportionate basis as
26 may be agreed upon.
27 (6) At its first meeting following the appointment of the first board of
28 trustees, and at the first regular meeting following any junior community col-
29 lege trustee election, the board shall organize, and shall elect one (1) of
30 its member chairman, one (1) a vice-chairman; and shall elect a secretary and
31 a treasurer, who may be members of the board; or one (1) person to serve as
32 secretary and treasurer, who may be a member of the board.
33 (7) The board shall set a given day of a given week in each month as its
34 regular meeting time. Three (3) members of the board shall constitute a quorum
35 for the transaction of official business.
36 (8) The authority of trustees of junior community college districts shall
37 be limited in the manner prescribed in section 33-507, Idaho Code.
38 SECTION 2. That Section 34-106, Idaho Code, be, and the same is hereby
39 amended to read as follows:
40 34-106. LIMITATION UPON ELECTIONS. On and after January 1, 1994, notwith-
41 standing any other provisions of the law to the contrary, there shall be no
42 more than four (4) elections conducted in any county in any calendar year,
43 except as provided in this section, and except that elections to fill vacan-
44 cies in the United States house of representatives shall be held as provided
45 in the governor's proclamation.
46 (1) The dates on which elections may be conducted are:
47 (a) the first Tuesday in February of each year; and
48 (b) the fourth Tuesday in May of each year; and
49 (c) the first Tuesday in August of each year; and
50 (d) the Tuesday following the first Monday in November of each year.
51 (e) In addition to the elections specified in paragraphs (a) through (d)
52 of this subsection, an emergency election may be called upon motion of the
53 governing board of a political subdivision. An emergency exists when there
3
1 is a great public calamity, such as an extraordinary fire, flood, storm,
2 epidemic, or other disaster, or if it is necessary to do emergency work to
3 prepare for a national or local defense, or it is necessary to do emer-
4 gency work to safeguard life, health or property. Such a special election,
5 if conducted by the county clerk, shall be conducted at the expense of the
6 political subdivision submitting the question.
7 (2) Candidates for office elected in February, May or August shall take
8 office on the date specified in the certificate of election but not more than
9 sixty (60) days following the election.
10 (3) Candidates for office elected in November shall take office as pro-
11 vided in the constitution, or on January 1, next succeeding the November elec-
12 tion.
13 (4) The governing board of each political subdivision subject to the pro-
14 visions of this section, which, prior to January 1, 1994, conducted an elec-
15 tion for members of that governing board on a date other than a date permitted
16 in subsection (1) of this section, shall establish as the election date for
17 that political subdivision the date authorized in subsection (1) of this sec-
18 tion which falls nearest the date on which elections were previously con-
19 ducted, unless another date is established by law.
20 (5) The secretary of state is authorized to provide such assistance as
21 necessary, and to prescribe any needed rules, regulations or interpretations
22 for the conduct of election authorized under the provisions of this section.
23 (6) School districts governed by title 33, Idaho Code, but not including
24 community colleges governed by chapter 21, title 33, Idaho Code, and water
25 districts governed by chapter 6, title 42, Idaho Code, are exempt from the
26 provisions of this section.
27 (7) Initiative, referendum and recall elections conducted by any politi-
28 cal subdivision shall be held on the nearest date authorized in subsection (1)
29 of this section which falls more than forty-five (45) days after the clerk of
30 the political subdivision orders that such initiative, referendum or recall
31 election shall be held.
32 SECTION 3. SEVERABILITY. The provisions of this act are hereby declared
33 to be severable and if any provision of this act or the application of such
34 provision to any person or circumstance is declared invalid for any reason,
35 such declaration shall not affect the validity of the remaining portions of
36 this act.
37 SECTION 4. An emergency existing therefor, which emergency is hereby
38 declared to exist, the provisions of this act shall be in full force and
39 effect on and after passage and approval.
STATEMENT OF PURPOSE
RS 16851
This is another piece of the recommendations of the interim
committee on post secondary education which met over the summer.
The bill accomplishes several specific changes:
1. Changes terms of community college trustees from six years to
four years and requires that their elections correspond to the
four major election dates found in 34-106.
2. Reduces the maximum property tax levy rate from .16 % to .125%
3. Provides for a method of dissolving existing community college
districts.
FISCAL IMPACT
None.
Contact
Name: Senator John Goedde
Phone: 332-1322
Represenative Darrell Bolz
STATEMENT OF PURPOSE/FISCAL NOTE S 1089