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H0618..........................................................by EDUCATION
SCHOOL DISTRICTS - CONSOLIDATED - Amends existing law relating to the board
of trustees of school districts created by consolidation; to provide that
in dividing trustee zones each former district in the new district shall
not be split into different trustee zones, with an exception; to revise the
number of members of the boards of trustees of any school district which
has had a change in district boundaries because of consolidation on and
after January 1, 2008; and to revise how trustees of school districts
involved in consolidation are appointed.
03/11 House intro - 1st rdg - to printing
03/12 Rpt prt - to Educ
03/13 Rpt out - rec d/p - to 2nd rdg
03/14 2nd rdg - to 3rd rdg
03/17 3rd rdg - PASSED - 66-0-4
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Block,
Bock, Boe, Bolz, Bowers, Brackett, Chadderdon, Chavez, Chew, Clark,
Collins, Crane, Durst, Eskridge, Hagedorn, Hart, Harwood, Henbest,
Henderson, Jaquet, Killen, King, Kren, Lake, LeFavour, Loertscher,
Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle, Nielsen,
Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ringo, Roberts,
Ruchti, Rusche, Sayler, Schaefer, Shepherd(02), Shepherd(08),
Shirley, Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thomas,
Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- Black, Bradford, Labrador, Thayn
Floor Sponsor - Pence
Title apvd - to Senate
03/17 Senate intro - 1st rdg - to Educ
03/24 Rpt out - rec d/p - to 2nd rdg
03/25 2nd rdg - to 3rd rdg
03/26 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon(Gannon),
Geddes, Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough,
Langhorst, Little, Lodge, Malepeai(Sagness), McGee, McKague,
McKenzie, Pearce, Richardson, Schroeder, Siddoway, Stegner, Stennett,
Werk
NAYS -- None
Absent and excused -- None
Floor Sponsor - Bastian
Title apvd - to House
03/26 To enrol - Rpt enrol - Sp signed
03/27 Pres signed
03/28 To Governor
04/01 Governor signed
Session Law Chapter 351
Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 618 BY EDUCATION COMMITTEE 1 AN ACT 2 RELATING TO THE BOARD OF TRUSTEES OF SCHOOL DISTRICTS CREATED BY CONSOLIDA- 3 TION; AMENDING SECTION 33-313, IDAHO CODE, TO PROVIDE THAT IN DIVIDING 4 TRUSTEE ZONES EACH FORMER DISTRICT IN THE NEW DISTRICT SHALL NOT BE SPLIT 5 INTO DIFFERENT TRUSTEE ZONES, WITH AN EXCEPTION, AND TO MAKE TECHNICAL 6 CORRECTIONS; AMENDING SECTION 33-501, IDAHO CODE, TO REVISE THE NUMBER OF 7 MEMBERS OF THE BOARD OF TRUSTEES OF ANY SCHOOL DISTRICT THAT HAS HAD A 8 CHANGE IN DISTRICT BOUNDARIES BECAUSE OF CONSOLIDATION ON AND AFTER JANU- 9 ARY 1, 2008, AND TO MAKE A TECHNICAL CORRECTION; AND AMENDING SECTION 10 33-505, IDAHO CODE, TO REVISE HOW TRUSTEES OF SCHOOL DISTRICTS INVOLVED IN 11 CONSOLIDATION ARE APPOINTED, TO PROVIDE A CODE REFERENCE AND TO MAKE A 12 TECHNICAL CORRECTION. 13 Be It Enacted by the Legislature of the State of Idaho: 14 SECTION 1. That Section 33-313, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 33-313. TRUSTEE ZONES. (1) Each elementary school district shall be 17 divided into three (3) trustee zones and each other school district shall be 18 divided into no fewer than five (5) nor more than nine (9) trustee zones 19 according to the provisions of section 33-501, Idaho Code. A school district 20 that has had a change in its district boundaries because of consolidation on 21 and after January 1, 2008, shall divide trustee zones so that each former dis- 22 trict in the new district shall not be split into different trustee zones, 23 unless the provisions of subsection (2) of this section cannot be satisfied. 24 (2) Any proposal to define the boundaries of the several trustee zones in 25 each such school district shall include the determination, where appropriate, 26 of the number of trustee zones in such district, and the date of expiration of 27 the term of office for each trustee. The boundaries of the several trustee 28 zones in each such school district shall be defined and drawn so that, as rea- 29 sonably as may be, each such zone shall have approximately the same popula- 30 tion. 31 (3) Whenever the area of any district has been enlarged by the annexation 32 of all or any part of another district, or by the correction of errors in the 33 legal description of school district boundaries, any such additional territory 34 shall be included in the trustee zone or zones contiguous to such additional 35 territory until such time as the trustee zones may be redefined and changed. 36 Trustee zones may be redefined and changed, but not more than once every five 37 (5) years in the manner hereinafter provided. 38 (4) A proposal to redefine and change trustee zones of any district may 39 be initiated by its board of trustees and shall be initiated by its board of 40 trustees at the first meeting following the report of the decennial census, 41 and submitted to the state board of education, or by petition signed by not 42 less than fifty (50) school electors residing in the district, and presented 43 to the board of trustees of the district. Within one hundred twenty (120) days 2 1 following the decennial census or the receipt of a petition to redefine and 2 change the trustee zones of a district the board of trustees shall prepare a 3 proposal for a change which will equalize the population in each zone in the 4 district and shall submit the proposal to the state board of education. Any 5 proposal shall include a legal description of each trustee zone as the same 6 would appear as proposed, a map of the district showing how each trustee zone 7 would then appear, and the approximate population each would then have, should 8 the proposal to change any trustee zones become effective. 9 (5) Within sixty (60) days after it has received the said proposal the 10 state board of education may approve or disapprove the proposal to redefine 11 and change trustee zones and shall give notice thereof in writing to the board 12 of trustees of the district wherein the change is proposed. Should the state 13 board of education disapprove a proposal the board of trustees shall within 14 forty-five (45) days submit a revised proposal to the state board of educa- 15 tion. Should the state board of education approve the proposal, the trustee 16 zones shall be changed in accordance with the proposal. 17 (6) At the next regular meeting of the board of trustees following the 18 approval of the proposal the board shall appoint from its membership a trustee 19 for each new zone to serve as trustee until that incumbent trustee's three (3) 20 year term expires. If the current board membership includes two (2) incumbent 21 trustees from the same new trustee zone, the board will select the incumbent 22 trustee with the most seniority as a trustee to serve the remainder of his 23 three (3) year term. If both incumbent trustees have equal seniority, the 24 board will choose one (1) of the trustees by the drawing of lots. If there is 25 a trustee vacancy in any of the new zones, the board of trustees shall appoint 26 from the patrons resident in that new trustee zone, a person from that zone to 27 serve as trustee until the next annual meeting. At the annual election a 28 trustee shall be elected to serve during the term specified in the election 29 for the zone. The elected trustee shall assume office at the annual meeting of 30 the school district next following the election. 31 SECTION 2. That Section 33-501, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 33-501. BOARD OF TRUSTEES. Each school district shall be governed by a 34 board of trustees. The board of trustees of each elementary school district 35 shall consist of three (3) members, and the board of trustees of each other 36 school district shall consist of five (5) members. Provided, however, that the 37 board of trustees of any district which has had a change in its district 38 boundaries subsequent to June 30, 1973, may consist of no fewer than five (5) 39 nor more than nine (9) members if such provisions are included as part of an 40 approved proposal to redefine and change trustee zones as provided in section 41 33-313, Idaho Code. The board of trustees of any district that has had a 42 change in its district boundaries because of district consolidation on and 43 after January 1, 2008, shall consist of five (5) members if two (2) districts 44 consolidated or seven (7) members if three (3) or more districts consolidated. 45 Except as otherwise provided by law, a school district trustee shall be 46 elected for a term of three (3) years or until the annual meeting of his dis- 47 trict held during the year in which his term expires. 48 Each trustee shall at the time of his nomination and election, or appoint- 49 ment, be a school district elector of his district and a resident of the 50 trustee zone from which nominated and elected, or appointed. 51 Each trustee shall qualify for and assume office at the annual meeting of 52 his school district next following his election, or, if appointed, at the reg- 53 ular meeting of the board of trustees next following such appointment. An oath 3 1 of office shall be administered to each trustee, whether elected, re-elected 2 or appointed. Said oath may be administered by the clerk, or by a trustee, of 3 the district, and the records of the district shall show such oath of office 4 to have been taken, and by whom administered and shall be filed with the offi- 5 cial records of the district. 6 SECTION 3. That Section 33-505, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 33-505. BOARD OF TRUSTEES, DISTRICT NEWLY CREATED. Within ten (10) days 9 after the entry of any order creating a new school district by the consolida- 10 tion of districts or parts thereof, the trustees of all school districts 11 involved in the consolidation shall meet at the call of the stateboard of12educationsuperintendent of public instruction or his designee and, from their 13 number,or from other qualified school district electors of the district,14 shall select a board of trustees of the new district representing each of the 15 merged districts in an equal number to serveuntil the annual election of16trustees next following; andas follows: if two (2) districts consolidated, 17 one (1) member representing the board of trustees of each district shall 18 serve until the annual election of trustees next following; one (1) member 19 representing the board of trustees of each district shall serve until the 20 annual election the following year; and one (1) member appointed by the other 21 four (4) members shall serve until the annual election in the year after that. 22 If three (3) or more districts consolidated, three (3) members shall serve 23 until the annual election of trustees next following; three (3) members shall 24 serve until the annual election the following year; and one (1) member 25 appointed by the other six (6) members shall serve until the annual election 26 in the year after that. If the number of merged districts is greater than 27 three (3), the superintendent of public instruction shall appoint as equally 28 as possible from trustees of the previous districts so that each district, if 29 possible, has representation on the consolidated district's board of trustees. 30 The superintendent shall stagger the terms of his appointments so that an 31 equal number of appointees' terms expire annually and those trustees shall sit 32 for election. Thereafter, all trustees who are elected shall serve terms as 33 provided in section 33-501, Idaho Code, for a board of trustees of a school 34 district. The board of trustees shall report the names of said trustees to the 35 state board of education. The board of trustees of the newly consolidated 36 school district shall expeditiously redraw the trustee zones pursuant to sec- 37 tion 33-313, Idaho Code. 38 The state board of education, at its first meeting next following receipt 39 of notice of the creation of new school districts by the division of a dis- 40 trict, shall appoint a board of trustees for each such new district, to serve 41 until the annual election of school district trustees next following. 42 Boards of trustees selected or appointed as in this section provided shall 43 forthwith meet and organize as provided in section 33-506, Idaho Code, and 44 thereupon the board of trustees of any district, the whole of which has been 45 incorporated within the new district, or which was divided as the case may be, 46 shall be dissolved and its powers and duties shall cease. Prior to the notice 47 of annual election of trustees next following, the board of trustees of each 48 school district created by consolidation or by division of districts shall 49 determine by lot or by agreement which of the trustee zones the trustees 50 therefor shall be elected for a term of one (1) year, which for a term of two 51 (2) years, and which for a term of three (3) years. Thereafter each trustee 52 shall be elected for a term of three (3) years.
STATEMENT OF PURPOSE
RS 18071
This legislation will amend 33-313 of Idaho Code relating to the
board of trustees of school districts created by consolidation.
This legislation will amend section 33-501 of Idaho Code in
providing that districts that have been consolidated after Jan. 1,
2008 will consist of five members if two districts are
consolidated, seven members if three or more districts are
consolidated. This legislation amends section 33-505 of Idaho Code
to revise the method of appointing trustees.
FISCAL NOTE
No impact to the General Fund.
Contact
Name: Rep. Donna Pence
Phone: (208) 332-1271
STATEMENT OF PURPOSE/FISCAL NOTE H 618