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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 - 2007IN 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 OFJUNIORCOMMUNITY COLLEGE DISTRICTS. Ajuniorcommu- 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) 14school districtqualified electors as defined in section 34-104, Idaho Code, 15 residing in the proposedjuniorcommunity college district, giving the name of 16 the proposedjuniorcommunity college, describing the boundaries of the pro- 17 posed district and praying for the organization of the territory therein 18 described as ajuniorcommunity 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 beverified by at least one (1)22school district elector, which verification shall state that affiant knows23that all the parties whose names are signed to the petition or petitions have24the qualification of school district electors and are residents of the pro-25posed district. The verification may be made before any notary publicpre- 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 of30county commissionersIn 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 36juniorcommunity 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 suchjuniorcommunity 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 7elections on the question of consolidation of school districtschapter 14, 8 title 34, Idaho Code. The ballot shall contain the words "JuniorCommunity Col- 9 lege District--Yes" and "JuniorCommunity College District--No,"each followed10by 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 suchjuniorcommunity 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 thejuniorcommunity 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