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H0084..........................................................by EDUCATION
COMMUNITY COLLEGES - Amends existing law relating to community colleges to
provide for an election to be held on a day as determined by the board of
county commissioners; to provide for conducting elections as required in
Chapter 14, Title 34, Idaho Code, for elections to be held in an
even-numbered year on the Tuesday following the first Monday in November;
to provide that a community college district shall be established if sixty
percent or more of all votes cast are in the affirmative for those
elections; to provide limitations on dates for elections of trustees; to
provide for conducting elections; and to clarify the exemption from
limitation upon elections for elections conducted on the question of
formation of a community college district.
01/31 House intro - 1st rdg - to printing
02/01 Rpt prt - to Rev/Tax
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 84
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO COMMUNITY COLLEGES; AMENDING SECTION 33-2104, IDAHO CODE, TO PRO-
3 VIDE FOR AN ELECTION TO BE HELD ON A DATE AS DETERMINED BY THE BOARD OF
4 COUNTY COMMISSIONERS, TO PROVIDE FOR CONDUCTING ELECTIONS AS REQUIRED IN
5 CHAPTER 14, TITLE 34, IDAHO CODE, FOR ELECTIONS HELD IN AN EVEN-NUMBERED
6 YEAR ON THE TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER, TO PROVIDE
7 THAT A COMMUNITY COLLEGE DISTRICT SHALL BE ESTABLISHED IF SIXTY PERCENT OR
8 MORE OF ALL VOTES CAST ARE IN THE AFFIRMATIVE FOR ELECTIONS HELD IN AN
9 EVEN-NUMBERED YEAR ON THE TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER,
10 TO PROVIDE CORRECT TERMINOLOGY AND TO MAKE TECHNICAL CORRECTIONS; AMENDING
11 SECTION 33-2106, IDAHO CODE, TO PROVIDE LIMITATIONS ON DATES FOR ELECTIONS
12 OF TRUSTEES, TO PROVIDE FOR CONDUCTING ELECTIONS AS PRESCRIBED IN CHAPTER
13 14, TITLE 34, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY AND TO MAKE A
14 TECHNICAL CORRECTION; AND AMENDING SECTION 34-106, IDAHO CODE, TO CLARIFY
15 THE EXEMPTION FROM LIMITATION UPON ELECTIONS FOR ELECTIONS CONDUCTED ON
16 THE QUESTION OF FORMATION OF A COMMUNITY COLLEGE DISTRICT AND TO MAKE
17 TECHNICAL CORRECTIONS.
18 Be It Enacted by the Legislature of the State of Idaho:
19 SECTION 1. That Section 33-2104, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 33-2104. FORMATION OF JUNIOR COMMUNITY COLLEGE DISTRICTS. A junior commu-
22 nity college district may be organized by the vote of the school district
23 electors of the proposed district, voting at an election called and held as
24 herein provided:
25 a.(1) A petition or petitions, signed by not less than one thousand
26 (1,000) school district electors residing in the proposed junior community
27 college district, giving the name of the proposed junior community college,
28 describing the boundaries of the proposed district and praying for the organi-
29 zation of the territory therein described as a junior community college dis-
30 trict, together with a true copy thereof, shall be filed with the clerk of the
31 board of county commissioners of the county in which such proposed district is
32 to be located;
33 b.(2) Said petition or petitions shall be verified by at least one (1)
34 school district elector, which verification shall state that affiant knows
35 that all the parties whose names are signed to the petition or petitions have
36 the qualification of school district electors and are residents of the pro-
37 posed district. The verification may be made before any notary public;
38 c.(3) Upon receipt of such petition or petitions the clerk of the board
39 of county commissioners shall file the original in his office, and forthwith
40 mail the copy thereof to the state board of education for its consideration
41 and recommendation. The state board of education shall consider the existing
42 opportunities for education beyond grade twelve (12) in the proposed district,
43 the number of prospective students for such junior community college, the
2
1 financial ability of the proposed district to maintain such college and fur-
2 nish the standard of education contemplated by this chapter with income from
3 tuition and other sources as herein provided. If the state board approves the
4 establishment of such junior community college, it shall so advise the board
5 of county commissioners within thirty (30) days after the receipt of such
6 petition or petitions, and recommend that an election be called as herein pro-
7 vided for the organization of such district;
8 d.(4) Upon receipt by the board of county commissioners of the written
9 approval of the state board of education, the board of county commissioners
10 shall call an election held pursuant to either this subsection (4) or to sub-
11 section (5) of this section. For elections held under the provisions of this
12 subsection (4), the board of county commissioners shall enter an order that a
13 special election be called within the proposed new district for the purpose of
14 voting on the question of the creation of such district. No notice of election
15 need be posted, but notice shall be published, the election shall be conducted
16 and the returns thereof canvassed as required in elections on the question of
17 consolidation of school districts. The ballot shall contain the words
18 "JuniorCommunity College District--Yes" and "JuniorCommunity College
19 District--No" each followed by a box in which the voter may express his choice
20 by marking a cross "X." If two-thirds (2/3) of all votes cast be in the affir-
21 mative, the board of county commissioners shall enter an order declaring such
22 junior community college district established, designating its name and bound-
23 aries. A certified copy of such order shall forthwith be filed with the state
24 board of education.
25 e.(5) For an election called under the provisions of this subsection (5),
26 the board of county commissioners shall enter an order that an election be
27 called within the proposed new district for the purpose of voting on the ques-
28 tion of the creation of such district. The election shall be held in an even-
29 numbered year on the Tuesday following the first Monday in November. Notice of
30 the election shall be published, the election shall be conducted and the
31 returns thereof canvassed as required in chapter 14, title 34, Idaho Code. The
32 ballot shall contain the words "Community College District--Yes" and
33 "Community College District--No" each followed by a box in which the voter may
34 express his choice by marking a cross "X." If sixty percent (60%) or more of
35 all votes cast be in the affirmative, the board of county commissioners shall
36 enter an order declaring such community college district established, desig-
37 nating its name and boundaries. A certified copy of such order shall forthwith
38 be filed with the state board of education.
39 (6) If the proposed district embraces an area in two (2) or more coun-
40 ties, the county in which it is proposed to locate the junior community col-
41 lege shall be considered the home county, in which the proceedings for the
42 organization of the district shall be conducted, taken and had. Before calling
43 an election on the creation of the proposed district, the board of county com-
44 missioners of the home county shall advise the board or boards of county com-
45 missioners of such other county or counties of the proposed election, and
46 shall indicate under which subsection, (4) or (5) of this section, the elec-
47 tion shall be called. If called under the provisions of subsection (5) of this
48 section, the election shall be held in an even-numbered year on the Tuesday
49 following the first Monday in November. If called under the provisions of sub-
50 section (4) of this section, then the board of county commissioners of the
51 home county shall advise the board or boards of county commissioners of such
52 other county or counties of the proposed election to the end that a date may
53 be agreed upon and the election be held in all counties affected on the same
54 day. The board of county commissioners in any such other county shall give
55 notice of the election, conduct the same and canvass the returns thereof as
3
1 though it were the only county in which such election were being held. The
2 returns of the election so canvassed shall be certified promptly to the board
3 of county commissioners of the home county. The result of the election shall
4 in turn be certified by the board of county commissioners of the home county
5 to such board in each county in which the proposed district may lie, and if
6 the result of the election be in the affirmative, a certified copy of the
7 order creating the district shall be filed with the clerk of the board of
8 county commissioners of such other county or counties, and entered into the
9 minutes of the board therein.
10 SECTION 2. That Section 33-2106, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 33-2106. TRUSTEES OF JUNIOR COMMUNITY COLLEGE DISTRICTS. The board of
13 trustees of each junior community college district shall consist of five (5)
14 school electors residing in the district who shall be appointed or elected as
15 herein provided. Immediately following the establishment of a junior community
16 college district, the state board of education shall appoint the members of
17 the first board, who shall serve until the election and qualification of their
18 successors. At the first election of trustees after the creation of a dis-
19 trict, five (5) trustees shall be elected; two (2) for terms of two (2) years
20 each, two (2) for terms of four (4) years each, and one (1) for a term of six
21 (6) years. Thereafter the successors of persons so elected shall be elected
22 for terms of six (6) years. The expiration of any term shall be at the regular
23 meeting of the trustees next following the election for the successor terms.
24 Elections of trustees of junior community college districts shall be bienni-
25 ally in even-numbered years, and shall be held on such uniform day of such
26 uniform month as the board of trustees shall determine a date authorized in
27 section 34-106, Idaho Code. Vacancies on the board of trustees shall be filled
28 by appointment by the remaining members, but if by reason of vacancies there
29 remain on the board less than a majority of the required number of members,
30 appointment to fill such vacancies shall be made by the state board of educa-
31 tion. Any person so appointed shall serve until the next trustee election, at
32 which time his successor shall be elected for the unexpired term. The trustees
33 shall take and subscribe the oath of office required in the case of state
34 officers and said oath shall be filed with the secretary of state.
35 Notice of the election, the conduct thereof, the qualification of electors
36 and the canvass of returns shall be as prescribed for the election of school
37 district trustees, and the board of trustees shall have and perform the duties
38 therein prescribed for the board of trustees of school districts. As a condi-
39 tion of voting, an elector shall execute an oath before a judge or clerk of
40 election to the effect that such elector is a school district elector and a
41 resident of the junior college district in chapter 14, title 34, Idaho Code.
42 The person or persons, equal in number to the number of trustees to be
43 elected for regular or unexpired terms, receiving the largest number of votes
44 shall be declared elected. An individual shall be a candidate for a specific
45 position of the board and each candidate must declare which position he seeks
46 on the board of trustees. If it be necessary to resolve a tie between two (2)
47 or more persons, the board of trustees shall determine by lot which thereof
48 shall be declared elected. The clerk of the board shall promptly notify any
49 person by mail of his election, enclosing a form of oath to be subscribed by
50 him as herein provided.
51 When elections held pursuant to this section coincide with other elections
52 held by the state of Idaho or any subdivision thereof, or any municipality or
53 school district, the board of trustees may make agreement with the body hold-
4
1 ing such election for joint boards of election and the payment of fees and
2 expenses of such boards of election on such proportionate basis as may be
3 agreed upon.
4 At its first meeting following the appointment of the first board of
5 trustees, and at the first regular meeting following any junior community col-
6 lege trustee election, the board shall organize, and shall elect one (1) of
7 its members chairman, one (1) a vice-chairman; and shall elect a secretary and
8 a treasurer, who may be members of the board; or one (1) person to serve as
9 secretary and treasurer, who may be a member of the board.
10 The board shall set a given day of a given week in each month as its regu-
11 lar meeting time. Three (3) members of the board shall constitute a quorum for
12 the transaction of official business.
13 The authority of trustees of junior community college districts shall be
14 limited in the manner prescribed in section 33-507, Idaho Code.
15 SECTION 3. That Section 34-106, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 34-106. LIMITATION UPON ELECTIONS. On and after January 1, 1994, notwith-
18 standing any other provisions of the law to the contrary, there shall be no
19 more than four (4) elections conducted in any county in any calendar year,
20 except as provided in this section, and except that elections to fill vacan-
21 cies in the United States house of representatives shall be held as provided
22 in the governor's proclamation.
23 (1) The dates on which elections may be conducted are:
24 (a) the first Tuesday in February of each year; and
25 (b) the fourth Tuesday in May of each year; and
26 (c) the first Tuesday in August of each year; and
27 (d) the Tuesday following the first Monday in November of each year.
28 (e) In addition to the elections specified in paragraphs (a) through (d)
29 of this subsection, an emergency election may be called upon motion of the
30 governing board of a political subdivision. An emergency exists when there
31 is a great public calamity, such as an extraordinary fire, flood, storm,
32 epidemic, or other disaster, or if it is necessary to do emergency work to
33 prepare for a national or local defense, or it is necessary to do emer-
34 gency work to safeguard life, health or property. Such a special election,
35 if conducted by the county clerk, shall be conducted at the expense of the
36 political subdivision submitting the question.
37 (2) Candidates for office elected in February, May or August shall take
38 office on the date specified in the certificate of election but not more than
39 sixty (60) days following the election.
40 (3) Candidates for office elected in November shall take office as pro-
41 vided in the constitution, or on January 1, next succeeding the November elec-
42 tion.
43 (4) The governing board of each political subdivision subject to the pro-
44 visions of this section, which, prior to January 1, 1994, conducted an elec-
45 tion for members of that governing board on a date other than a date permitted
46 in subsection (1) of this section, shall establish as the election date for
47 that political subdivision the date authorized in subsection (1) of this sec-
48 tion which falls nearest the date on which elections were previously con-
49 ducted, unless another date is established by law.
50 (5) The secretary of state is authorized to provide such assistance as
51 necessary, and to prescribe any needed rules, regulations or interpretations
52 for the conduct of elections authorized under the provisions of this section.
53 (6) School districts governed by title 33, Idaho Code, and are exempt
5
1 from the provisions of this section, as are community colleges for any elec-
2 tion held pursuant to the provisions of subsection (4) of section 33-2104,
3 Idaho Code. Wwater districts governed by chapter 6, title 42, Idaho Code, are
4 exempt from the provisions of this section.
5 (7) Initiative, referendum and recall elections conducted by any politi-
6 cal subdivision shall be held on the nearest date authorized in subsection
7 (1) of this section which falls more than forty-five (45) days after the clerk
8 of the political subdivision orders that such initiative, referendum or recall
9 election shall be held.
STATEMENT OF PURPOSE
RS 16709C1
This legislation amends the requirements for the formation of a Community
College District in the state of Idaho. "Junior College" is changed to
"Community College." The proponents for forming the new Community
College District can proceed under subsection (4) or subsection (5). If
subsection (4) is pursued, the standards and dates of election will
remain as currently in statute, with a requirement of 66 2/3% affirmative
vote for passage.
If subsection (5) is chosen the election must be scheduled for the 4th
Tuesday in May or the Tuesday following the first Monday in November of
an even numbered year. An election held on either of said dates needs
to have over 60% affirmative vote for passage.
The election of Community College Trustees must be in accordance with
Chapter 14, Title 34 of Idaho code and be held on one of the dates set
forth therein.
FISCAL NOTE
No effect to General Fund
Contact
Name: Representative Leon Smith
Phone: (208) 332-1000
Representative Darrell Bolz
Senator John Goedde
STATEMENT OF PURPOSE/FISCAL NOTE H 84