2007 Legislation
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HOUSE BILL NO. 84 – Community colleges, elections

HOUSE BILL NO. 84

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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

Bill Text


                                                                        
                                                                        
  ]]]]              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
                                                                        
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  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
                                                                        
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  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-
                                                                        
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  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 / Fiscal Impact


                      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