H-695aa....................................................by
STATE AFFAIRS
SCHOOL ELECTIONS - Amends and repeals existing law to provide that
the
county clerk shall perform all of the duties of the election official
of a
school district; and to require school districts to comply with the
limitation of four elections per year.
02/25 House intro - 1st rdg - to printing
02/28 Rpt prt - to St Aff
03/10 Rpt out - to Gen Ord
03/14 Rpt out amen - to engros
03/15 Rpt engros - 1st rdg - to 2nd rdg as amen
03/16 2nd rdg - to 3rd rdg as amen
03/17 3rd rdg as amen - PASSED - 36-29-5
AYES --
Alltus, Barrett, Bell, Boe, Callister, Chase, Cheirrett,
Clark, Crow, Deal, Denney, Gagner, Geddes,
Hadley, Hammond, Hornbeck,
Kunz, Loertscher, Mader, Marley, McKague,
Meyer, Mortensen, Moss,
Moyle, Pearce, Pischner, Sali, Schaefer,
Shepherd, Stevenson, Taylor,
Tilman, Wheeler, Zimmermann, Mr Speaker
(good guys)
NAYS --
Barraclough, Bieter, Black, Cuddy, Ellsworth, Field(13),
Field(20), Gould, Hansen(29), Henbest,
Jaquet, Jones, Judd, Kempton,
Kendell, Linford, Montgomery, Pomeroy,
Reynolds, Ridinger, Ringo,
Robison, Sellman, Smith, Smylie, Stoicheff,
Stone, Trail, Wood
Absent and excused
-- Bruneel, Campbell, Hansen(23), Kellogg, Lake,
Floor Sponsors - Kunz, Alltus
Title apvd - to Senate
03/20 Senate intro - 1st rdg as amen - to St Aff
BOISE - A late-session bill first heard
Wednesday would dramatically change the way
school board elections are conducted.
The bill, H695, would remove control of school
district trustee elections, as well as bond
elections, from school districts to the county.
School districts would contract with counties to
conduct their elections.
The bill also requires that school board candidates be elected at-large
rather than by
zone. That's similar to how county commissioners are elected, in
that commissioners still
represent a defined geographic area but are elected by all the voters
in the county.
Further, the bill requires elections be held on one of four standard
dates throughout the
year. Two of those dates are the same days as the primary and general
elections in
Idaho. For example, if the law were in effect this year, the
May 16 school board elections would be May 23 instead, the day that primary
elections are held for national and state legislative races.
Rep. Jeff Alltus, R-Hayden, one of two sponsors of the bill that's
up for a committee vote today, said the bill simplifies the election
process and will encourage more people to vote
in school elections, which traditionally have the lowest voter turnout
of any election.
The current system confuses people who often don't know where they
are supposed to
vote in a school election. They often end up calling the county
clerk, who currently has
little to do with school elections, Alltus said. "The lack of credibility
in school elections would curl your hair," Alltus said. Full
text of the bill below.
STATEMENT OF PURPOSE
RS09895C5
It is critical
that public confidence in elections be maintained at the highest
level. County clerks are the chief election
officer in each county and generally
have the most knowledge of election process
and law. The purpose of this
legislation is to consolidate most election
functions in the office of the county
clerk.
Additionally,
in order to provide uniformity and simplicity, election dates
and procedures would be standardized. These
statutory changes are intended to
increase voter participation and confidence
by making it easier for voters to
identify when and where they are to vote.
Bill Text
H0695
||||
LEGISLATURE OF THE STATE OF IDAHO
||||
Fifty-fifth Legislature
Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 695
BY STATE AFFAIRS COMMITTEE
1
AN ACT
2 RELATING TO THE CONDUCT OF SCHOOL ELECTIONS;
AMENDING SECTION 34-106, IDAHO
3 CODE, TO PROVIDE
THAT SCHOOL ELECTIONS SHALL COMPLY WITH PROVISIONS LIMIT-
4 ING ELECTIONS,
TO PROVIDE ADDITIONAL DATES FOR SUPPLEMENTAL OPERATION AND
5 MAINTENANCE LEVY
ELECTION AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SEC-
6 TION 34-1401, IDAHO
CODE, TO GOVERN CONDUCT OF SCHOOL DISTRICT ELECTIONS
7 BY THE
COUNTY CLERK, TO PROVIDE FOR COSTS OF THE ELECTION AND TO MAKE A
8 TECHNICAL CORRECTION;
AMENDING CHAPTER 14, TITLE 34, IDAHO CODE, BY THE
9 ADDITION OF
A NEW SECTION 34-1411, IDAHO CODE, TO PROVIDE POSTELECTION
10 REMEDIES; AMENDING
SECTION 34-1702, IDAHO CODE, TO GOVERN PETITIONS FOR
11 RECALL OF
SCHOOL DISTRICT TRUSTEES AND TO MAKE TECHNICAL CORRECTIONS;
12 AMENDING SECTION
33-311, IDAHO CODE, TO PROVIDE CORRECT CODE CITATIONS;
13 AMENDING SECTION
33-312, IDAHO CODE, TO PROVIDE CORRECT CODE CITATIONS AND
14 TO MAKE
A TECHNICAL CORRECTION; AMENDING SECTION 33-354, IDAHO CODE, TO
15 PROVIDE CORRECT
CODE CITATIONS AND TO MAKE A TECHNICAL CORRECTION; AMEND-
16 ING SECTION
33-401, IDAHO CODE, TO REVISE THE STATEMENT OF LEGISLATIVE
17 INTENT GOVERNING
CONDUCT OF SCHOOL ELECTIONS AND TO PROVIDE THAT SCHOOL
18 ELECTIONS
SHALL BE CONDUCTED BY THE CLERK OF THE COUNTY; AMENDING SECTION
19 33-402, IDAHO CODE,
TO STRIKE PROVISIONS GOVERNING NOTICE OF SCHOOL ELEC-
20 TIONS; AMENDING
SECTION 33-404, IDAHO CODE, TO PROVIDE NOTICE REQUIREMENTS
21 OF POLLING PLACES;
AMENDING SECTION 33-405, IDAHO CODE, TO GOVERN QUALIFI-
22 CATIONS OF
ELECTORS FOR SCHOOL TRUSTEES; AMENDING SECTION 33-408, IDAHO
23 CODE, TO PROVIDE
A REFERENCE TO PROVISIONS OF LAW; AMENDING
SECTION
24 33-409, IDAHO CODE,
TO PROVIDE A REFERENCE TO GOVERNING LAW AND TO CLARIFY
25 CONDUCT OF
ELECTIONS; AMENDING SECTION 33-502B, IDAHO CODE, TO PROVIDE
26 DEADLINES FOR DECLARATION
THAT NO ELECTION WILL BE HELD; AMENDING SECTION
27 33-503, IDAHO
CODE, TO PROVIDE THAT ELECTION OF SCHOOL DISTRICT TRUSTEES
28 SHALL BE BY VOTES
CAST BY THE ELECTORS OF THE DISTRICT AND SHALL COMPLY
29 WITH PROVISIONS
OF CHAPTER 14, TITLE 34, IDAHO CODE; AMENDING SECTION
30 33-504, IDAHO CODE,
TO GOVERN TERMS OF APPOINTEES TO FILL VACANCIES ON THE
31 BOARD OF TRUSTEES
AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION
32 33-601, IDAHO
CODE, TO PROVIDE CORRECT CODE CITATIONS; AMENDING SECTION
33 33-803, IDAHO CODE,
TO PROVIDE CORRECT CODE CITATIONS AND TO MAKE TECHNI-
34 CAL CORRECTIONS;
AMENDING SECTION 33-1103, IDAHO CODE, TO PROVIDE CORRECT
35 CODE CITATIONS
AND TO MAKE TECHNICAL CORRECTIONS; AMENDING
SECTIONS
36 33-1510 AND 33-2111,
IDAHO CODE, TO PROVIDE CORRECT CODE CITATIONS; AMEND-
37 ING SECTION
63-1309, IDAHO CODE, TO AUTHORIZE ELECTIONS ON BEHALF OF A
38 SCHOOL DISTRICT
WITHIN FIVE MONTHS; REPEALING SECTIONS 33-403, 33-403A,
39 33-403B, 33-405A,
33-405B, 33-406, 33-406A, 33-407, 33-410,
33-411,
40 33-412, 33-413,
33-414, 33-415, 33-416, 33-417, 33-418, 33-419, 33-420,
41 33-421, 33-422,
33-423, 33-424, 33-428, 33-429, 33-430, 33-431, 33-432,
42 33-433, 33-434,
33-435, 33-436, 33-437, 33-438, 33-439, 33-440, 33-441,
43 33-442, 33-502C
AND 33-502D, IDAHO CODE; AND PROVIDING AN EFFECTIVE DATE.
44 Be It Enacted by the Legislature of the
State of Idaho:
2
1 SECTION 1.
That Section 34-106, Idaho Code, be, and the same is
hereby
2 amended to read as follows:
3 34-106. LIMITATION
UPON ELECTIONS. On and after January 1, 1994, notwith-
4 standing any other provisions
of the law to the contrary, there shall be no
5 more than four (4) elections conducted in
any county in any calendar year,
6 except as provided in this section,
and except that elections to fill vacan-
7 cies in the United States house of representatives
shall be held as provided
8 in the governor's proclamation.
9 (1) The dates
on which elections may be conducted are:
10 (a) tThe first
Tuesday in February of each year; and
11 (b) tThe fourth
Tuesday in May of each year; and
12 (c) tThe first
Tuesday in August of each year; and
13 (d) tThe Tuesday
following the first Monday in November of each year.
14 (e) In
addition to the elections specified in paragraphs (a) through (d)
15 of this subsection,
an election on the question of a supplemental mainte-
16 nance and
operation levy, pursuant to section 33-802 4., Idaho Code, may
17 be conducted on
the first Tuesday of April, June or September which
is
18 thirty-one (31)
or more days from the last permitted election date. Such a
19 special election
shall be conducted at the expense of the school district
20 submitting the question.
21 (f)
In addition to the elections specified in paragraphs
(a) through
22 (de) of
this subsection, an emergency election may be called upon motion
23 of the governing
board of a political subdivision. An emergency
exists
24 when there
is a great public calamity, such as an extraordinary
fire,
25 flood, storm, epidemic,
or other disaster, or if it is necessary to do
26 emergency work to
prepare for a national or local defense, or it is neces-
27 sary to
do emergency work to safeguard life, health or property. Such a
28 special election,
if conducted by the county clerk, shall be conducted at
29 the expense of the
political subdivision submitting the question.
30 (2) Candidates
for office elected in February, May or August shall take
31 office on the date specified in the certificate
of election but not more than
32 sixty (60) days following the election.
33 (3) Candidates
for office elected in November shall take office as pro-
34 vided in the constitution, or on January
1, next succeeding the November elec-
35 tion.
36 (4) The governing
board of each political subdivision subject to the pro-
37 visions of this section, which, prior to
January 1, 1994, conducted an elec-
38 tion for members of that governing board
on a date other than a date permitted
39 in subsection (1) of this
section, shall establish as the election date for
40 that political subdivision the date authorized
in subsection (1) of this sec-
41 tion which falls nearest
the date on which elections were previously con-
42 ducted, unless another date is established
by law.
43 (5) The secretary
of state is authorized to provide such assistance as
44 necessary, and to prescribe
any needed rules, regulations or interpretations
45 for the conduct of election authorized under
the provisions of this section.
46 (6) School
districts governed by title 33, Idaho Code, and wWater
dis-
47 tricts governed by chapter 6, title 42,
Idaho Code, are exempt from the provi-
48 sions of this section.
49 (7) Initiative,
referendum and recall elections conducted by any politi-
50 cal subdivision shall be held on the nearest
date authorized in subsection (1)
51 of this section which falls more than forty-five
(45) days after the clerk of
52 the political subdivision
orders that such initiative, referendum or recall
53 election shall be held.
3
1 SECTION 2.
That Section 34-1401, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 34-1401. ELECTION
ADMINISTRATION. Notwithstanding any provision to the
4 contrary, the election official of each
political subdivision shall administer
5 all elections on behalf of any political
subdivision, subject to the provi-
6 sions of this chapter, including all
special district elections and elections
7 of special questions submitted
to the electors as provided in this chapter.
8 School districts governed by title 33, Idaho
Code, and wWater districts gov-
9 erned by chapter 6,
title 42, Idaho Code, irrigation districts governed by
10 title 43, Idaho Code, ground water districts
governed by chapter 52, title 42,
11 Idaho Code, and municipal elections governed
by the provisions of chapter 4,
12 title 50, Idaho Code,
are exempt from the provisions of this chapter. All
13 municipal elections shall be conducted pursuant
to the provisions of chapter
14 4, title 50, Idaho Code, except
that they shall be governed by the elections
15 dates authorized in section 34-106, Idaho
Code, the registration procedures
16 prescribed in section
34-1402, Idaho Code, and the time the polls are open
17 pursuant to section 34-1409, Idaho Code.
For the purposes of achieving uni-
18 formity, the secretary of state
shall, from time to time, provide directives
19 and instructions to the various county clerks
and political subdivision elec-
20 tion officials. Unless a specific
exception is provided in this chapter, the
21 provisions of this chapter shall govern
in all questions regarding the conduct
22 of elections on behalf of all political
subdivisions. In all matters not spe-
23 cifically covered by this chapter,
other provisions of title 34, Idaho Code,
24 governing elections shall prevail over any
special provision which conflicts
25 therewith.
26 A political
subdivision may contract with the county clerk to conduct all
27 or part of the elections for that political
subdivision. A school district
28 shall contract with the county clerk to
conduct all elections of the district.
29 In the event of such a contract, the
county clerk shall perform all necessary
30 duties of the election official of a political
subdivision including, but not
31 limited to, notice of
the filing deadline, designation of polling places,
32 notice of the election, and preparation
of the election calendar. The county
33 clerk may collect from the school
or other special district reasonable costs
34 in excess of the normal costs of a county
election incurred in the performance
35 of a contract to conduct an election for
the district. Determination of the
36 amount to be paid may be appealed to the
board of county commissioners and the
37 decision of the board is final.
38 SECTION 3.
That Chapter 14, Title 34, Idaho Code, be, and the same
is
39 hereby amended by the addition thereto of
a NEW SECTION, to be known and des-
40 ignated as Section 34-1411, Idaho Code,
and to read as follows:
41 34-1411. POSTELECTION
REMEDIES. Any qualified elector of a district may
42 apply to the election official charged with
the conduct of the election for a
43 recount of election results,
or at the option of the election official, the
44 official may order a recount. If a recount
results in a change in the outcome,
45 the costs shall be assessed to the office
of the election official. If there
46 is no change in the outcome
of the election, the costs shall be assessed to
47 the elector who applied for the recount.
If costs of the recount may be antic-
48 ipated to exceed five hundred dollars ($500),
a deposit for projected costs
49 may be required. An application
for a recount pursuant to this section shall
50 be made within twenty (20) days of the canvass
of the election. To the extent
51 appropriate, the provisions
of chapter 23, title 34, Idaho Code, shall be
52 applied to a recount pursuant to this section.
4
1 SECTION 4.
That Section 34-1702, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 34-1702. REQUIRED
SIGNATURES ON PETITION. A petition for recall of an
4 officer shall be instituted by filing with
the appropriate official a verified
5 written petition requesting such recall.
6 (1) If the
petition seeks recall of any of the officers named in subsec-
7 tion (1)(a) of section 34-1701,
Idaho Code, the petition shall be filed with
8 the secretary of state, and must be signed
by registered electors equal in
9 number to twenty per cent percent
(20%) of the number of electors registered
10 to vote at the last general election held
to elect a governor.
11 (2) If the
petition seeks recall of any of the officers named in subsec-
12 tion (1)(b) of section 34-1701,
Idaho Code, the petition shall be filed with
13 the secretary of state, and must be signed
by registered electors of the leg-
14 islative district equal in number to twenty
per cent percent (20%) of the num-
15 ber of electors registered
to vote at the last general election held in the
16 legislative district at which the member
was elected.
17 (3) If the
petition seeks recall of any of the officers named in subsec-
18 tion (2)(a) of section 34-1701,
Idaho Code, the petition shall be filed with
19 the county clerk, and must be signed by
registered electors of the county
20 equal in number to
twenty per cent percent (20%) of the number of electors
21 registered to vote at the last general election
held in the county for the
22 election of county officers at which the
officer was elected.
23 (4) If
the petition seeks recall of any of the officers named in subsec-
24 tion (3) of section 34-1701, Idaho Code,
the petition shall be filed with the
25 city clerk, and must
be signed by registered electors of the city equal in
26 number to twenty per cent percent (20%)
of the number of electors registered
27 to vote at the last general city election
held in the city for the election of
28 officers.
29 (5) If
the petition seeks recall of any of the officers named in subsec-
30 tion (4) of section 34-1701, Idaho Code,
the petition shall be filed with the
31 county clerk of the county wherein the district
is located. If the district is
32 located in two (2) or
more counties, the clerk in each county shall perform
33 the functions within that county. The petition
must be signed by registered
34 electors of the district
equal in number to fifty per cent percent (50%) of
35 the number of electors who cast votes in
the last election of the district
36 except that for a school district,
the petition must be signed by registered
37 electors of the district equal in number
to twenty percent (20%) of the number
38 of electors who cast votes in the last election
of the district.
39 SECTION 5.
That Section 33-311, Idaho Code, be, and the same is
hereby
40 amended to read as follows:
41 33-311. PLAN
OF CONSOLIDATION SUBMITTED TO ELECTORS. The state board of
42 education may approve or disapprove any
plan proposing consolidation, and if
43 it approves the same it shall give
notice thereof to the board of trustees of
44 each school district proposing to consolidate
and to the board of county com-
45 missioners in each county
in which the proposed consolidated district would
46 lie. Notice to the board of county
commissioners shall include the legal
47 description of the boundaries
of the proposed consolidated district and a
48 brief statement of the approved proposal,
and shall be accompanied by a map of
49 the proposed consolidated district.
50 Not more than ten
(10) days after receiving the notice from the
state
51 board of education, each board
of county commissioners receiving such notice
52 shall enter the order calling for an election
on the question of approving or
5
1 disapproving, and shall
cause notice of such election to be posted and pub-
2 lished. The notice shall be posted and published,
the election shall be held
3 and conducted and its
results canvassed, in the manner and form of sections
4 33-401 through 33-406 title 34, Idaho Code.
5 If the qualified
school electors of any one (1) district proposing to con-
6 solidate, and voting in the election, shall
constitute a majority of all such
7 electors voting in the entire area
of the proposed consolidated district, the
8 proposed consolidation shall not be approved
unless a majority of such elec-
9 tors in such district, voting in the election,
and a majority of such electors
10 in each of the remaining districts,
voting in the election, shall approve the
11 proposed consolidation.
12 If the qualified
school electors in no one (1) of the districts proposing
13 to consolidate, and voting in the
election, constitute a majority of all such
14 electors voting in the entire area
of the proposed consolidated district, the
15 proposed consolidation shall not be approved
unless a majority of all such
16 electors in each district, voting
in the election, shall approve the proposed
17 consolidation.
18 In any plan of consolidation
the existing bonded debt of any district or
19 districts proposing to
consolidate, shall not become the obligation of the
20 proposed consolidated school district. The
debt or debts shall remain an obli-
21 gation of the property within the districts
proposing the consolidation. Upon
22 voter approval of the proposed consolidation,
the districts proposing to con-
23 solidate shall become subdistricts of the
new district as if they had been
24 created under the provisions
of section 33-351, Idaho Code. The subdistricts
25 shall be called bond redemption subdistricts.
The powers and duties of such
26 bond redemption subdistricts shall
not include authority to incur new indebt-
27 edness within the subdistricts.
28 When a consolidation
is approved, as hereinabove prescribed, a new school
29 district is thereby created,
and the board of county commissioners of any
30 county in which the consolidated district
lies shall enter its order showing
31 the creation of the district and a legal
description of its boundaries.
32 SECTION 6.
That Section 33-312, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 33-312. DIVISION
OF SCHOOL DISTRICT. A school district may be divided so
35 as to form not more than two (2) districts
each of which must have continuous
36 boundaries, in the manner hereinafter provided,
except that any district which
37 operates and maintains a secondary school
or schools shall not be divided
38 unless the two (2) districts
created out of the division shall each operate
39 and maintain a secondary school or schools
immediately following such divi-
40 sion.
41 A proposal
to divide a school district may be initiated by its board of
42 trustees and submitted to the state board
of education. Such proposal shall
43 contain all of the information
required in a proposal to consolidate school
44 districts as may be relevant to a proposal
to divide a school district. It
45 shall also show the manner in which
it is proposed to divide or apportion the
46 property and liabilities of the district,
the names and numbers of the pro-
47 posed new districts, and legal description
of the proposed trustee zones.
48 Before submitting
any proposal to divide a school district, the board of
49 trustees shall hold a hearing or hearings
on the proposal within the district.
50 Notice of such hearing or hearings shall
be posted by the clerk of the board
51 of trustees in not less than three
(3) public places within the district, one
52 (1) of which places shall be at or near
the main door of the administrative
53 offices of the school
district, for not less than ten (10) days before the
6
1 date of such hearing or hearings.
2 The state board
of education may approve or disapprove any such proposal
3 submitted to it, and shall give notice
thereof in the manner of a proposal to
4 consolidate school districts; except, that
the state board of education shall
5 not approve any proposal which would result
in a district to be created by the
6 division having or assuming
a bonded debt in an amount exceeding the limita-
7 tions imposed by law, or which would leave
the area of any city or village in
8 more than one (1) school district.
9 If the
state board of education shall approve the proposal to divide the
10 district, notice of the election shall be
published, the election shall be
11 held and conducted, and the ballots
shall be canvassed, according to the pro-
12 visions of sections 33-401--33-406 title
34, Idaho Code. The division shall be
13 approved only if a majority of all votes
cast at said special election by the
14 school district electors residing within
the entire existing school district
15 and voting in the election are in
favor of the division of such district, and
16 a majority of all votes cast at said special
election by the qualified voters
17 within that portion of the proposed new
district having a minority of the num-
18 ber of qualified voters, such portion
to be determined by the number of votes
19 cast in each area which is a contemplated
new district, are in favor of the
20 division of the district, and upon
such approval two (2) new school districts
21 shall be thereby created. The organization
and division of all school dis-
22 tricts which have divided since June 30,
1963, are hereby validated.
23 If the
division be approved, as herein provided, the board of canvassers
24 shall thereupon notify the state board of
education and the trustees of the
25 district which has been
divided. The state board shall give notice to the
26 board of county commissioners of any county
in which the newly created dis-
27 tricts may lie.
28 SECTION 7.
That Section 33-354, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 33-354. INDEBTEDNESS
-- BOND ISSUES. School subdistricts may incur debt
31 and issue bonds for the purpose of acquiring,
purchasing or improving a school
32 site or sites, acquiring
or constructing new school houses schoolhouses,
33 remodeling existing buildings, constructing
additions thereto, including all
34 necessary furnishings and equipment,
and all lighting, heating, ventilation,
35 sanitation facilities and appliances necessary
to operate the buildings of the
36 new school subdistrict. The governing body
of a school subdistrict may submit
37 to the qualified electors
of the school subdistrict the question of whether
38 the governing body of the school subdistrict
shall be empowered to issue nego-
39 tiable bonds of the school subdistrict in
an amount and for a period of time
40 to be named in the notice
of election. Notice of the bond election shall be
41 given, the election shall be conducted and
the returns thereof canvassed and
42 the qualifications of electors voting or
offering to vote shall be as provided
43 in sections 33-402 through
33-423 title 34, Idaho Code. The question of the
44 issuance of such bonds shall be approved
only if the percentage of votes cast
45 at such election were cast in favor thereof
as that which is now, or may here-
46 after be, set by the constitution
of the state of Idaho. All such bonds shall
47 be authorized, issued and sold pursuant
to the provisions of sections 33-1107
48 through 33-1125, Idaho Code.
No bonds of a school subdistrict may be issued,
49 however, if the issuance of such bonds would
cause the percentage of market
50 value for assessment purposes of taxable
property within the boundaries of the
51 school subdistrict represented
by the aggregate outstanding indebtedness of
52 the school subdistrict, when added to the
percentage of the assessed valuation
53 of taxable property represented by the aggregate
outstanding indebtedness of
7
1 the school district within which
the school subdistrict lies, to exceed five
2 percent (5%). As used in the preceding
sentence hereof, "market value for
3 assessment purposes," "aggregate
outstanding indebtedness" and "issuance"
4 shall have the same meanings as set forth
in section 33-1103, Idaho Code. Upon
5 the approval of the issuance of such bonds,
the same may be issued by the gov-
6 erning body of the school subdistrict on
behalf of the school subdistrict at
7 any time within two (2) years from the date
of such election. Wherever in sec-
8 tions 33-402 through 33-423
title 34, Idaho Code, and in sections 33-1107
9 through 33-1125, Idaho Code, reference is
made to "school district"; for pur-
10 poses of this act it shall be deemed to
refer to school subdistricts.
11 SECTION 8.
That Section 33-401, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 33-401. LEGISLATIVE
INTENT. The legislature finds that a comprehensive
14 and integrated statutory scheme for
the conduct of school elections is criti-
15 cal to the public's understanding of and
confidence in the public school elec-
16 tion system. It is therefore the intent
of the legislature that with the
17 exception of chapter 24, title 34, Idaho
Code, and the provisions of title 18,
18 Idaho Code, which and the provisions
of title 34, Idaho Code, shall be fully
19 applicable, or unless otherwise specifically
provided, and shall govern all
20 school elections. shall
be governed by the provisions of this chapter. All
21 school elections shall be administered by
the clerk of the county wherein the
22 district lies. Elections in a joint school
district shall be conducted jointly
23 by the clerks of
the respective counties, and the clerk of the home county
24 shall exercise such powers as are necessary
to coordinate the election.
25 SECTION 9.
That Section 33-402, Idaho Code, be, and the same is
hereby
26 amended to read as follows:
27 33-402. NOTICE
REQUIREMENTS. a. Notice of all school elections must be
28 given by posting and publishing notice of
said elections and such notice shall
29 state:
30 1. The date
of holding the election;
31 2. The hours
between which the polls will be open;
32 3. The definite
place or places of holding the election;
33 4. In the
case of election of trustees, the offices to be filled,
the
34 trustee zones,
and a statement that declarations of candidacy must be
35 filed not later
than 5:00 p.m. on the fifth Friday prior to the day of the
36 election;
37 5. In the
case of bond election, the amount of the issue, the purpose and
38 period of the issue;
39 6. In the
case of the assumption of a debt, the amount of any such debt
40 to be assumed by
each district, or part of a district; and
41 7. In
all other elections, a brief statement of the question being sub-
42 mitted to the electors.
43 b. In school
elections involving (i) the incurring or increasing of
a
44 debt, (ii) approving a
levy for a plant facilities reserve fund and term
45 thereof, (iii) excising and annexing territory,
(iv) consolidating districts,
46 or (v) dividing a district,
notice of the election shall be posted not less
47 than twenty-one (21) days prior to the day
of the election in at least three
48 (3) places in each district participating
in or affected by such election, one
49 (1) of which places shall
be at or near the main door of the administrative
50 offices of each such district, and by publishing
at least once each week for
51 three (3) consecutive weeks prior to the
day of the election in a newspaper as
8
1 provided in section 60-106,
Idaho Code, published in the county or in any
2 county in which such district may lie and
having general circulation within
3 such district.
4 c. Notice
of all other school elections shall be given in the same man-
5 ner, except that the posting shall be for
not less than ten (10) days, and
6 publishing shall be at
least once each week for two (2) consecutive weeks
7 prior to the day of the election.
8 d. Notice
of the deadline for filing declaration of candidacy for elec-
9 tion of trustees shall be posted for not
less than ten (10) days and published
10 at least once each week
for two (2) consecutive weeks prior to the last day
11 for filing nominating petitions as required
by section 33-502, Idaho Code.
12 e. In elections
for excising and annexing the territory of school dis-
13 tricts, or to create new
school districts by consolidation or division, the
14 clerk of the board of county commissioners
of the county in which the district
15 lies, or of the home county if the district
be a joint district, shall pre-
16 pare, post, sign and arrange for the publishing
of, the notice of election. In
17 all other elections it shall be the duty
of the clerk of the board of trustees
18 so to do.
19 f.(1) Notice
of annual meeting of elementary school districts as provided
20 for in section 33-510, Idaho
Code, and of intent to discontinue a school, as
21 provided for in section 33-511, Idaho Code,
and annual budget hearing as pro-
22 vided for in section 33-801,
Idaho Code, shall be given by posting and pub-
23 lishing as outlined in subsection b of this
section except that posting shall
24 be for not less than ten
(10) days, and publishing shall be once in a news-
25 paper as provided in section 60-106, Idaho
Code, published within the dis-
26 trict, or, if there
be none, then in a newspaper as provided in section
27 60-106, Idaho Code, published in the county
in which such district lies. If
28 more than one (1)
newspaper is printed and published in said district or
29 county, then in the newspaper most likely
to give best general notice of the
30 election within said district;
provided that if no newspaper is published in
31 the said district or county, then
in a newspaper as provided in section
32 60-106, Idaho Code, most
likely to give best general notice of the election
33 within the district.
34 g.(2) Notices
calling for bids for the acquisition, use, or disposal of
35 real and personal property as provided
for in section 33-601, Idaho Code, and
36 contracting for transportation services
as provided for in section 33-1510,
37 Idaho Code, shall be
given by publishing twice, not less than one (1) week
38 apart in a newspaper as provided in
section 60-106, Idaho Code, published
39 within the district, or, if there
be none, then in a newspaper as provided in
40 section 60-106, Idaho Code, published in
the county in which such district
41 lies. If more than one (1) newspaper is
printed and published in said district
42 or county, then in the
newspaper most likely to give best general notice of
43 the election within said district; provided
that if no newspaper is published
44 in the said district
or county, then in a newspaper as provided in section
45 60-106, Idaho Code, most likely to give
best general notice of the election
46 within the district. The notice
inviting bids shall set a date and place for
47 opening bids. The first publication of the
notice shall be at least two (2)
48 weeks before the date
of opening the bids; except that the notice for con-
49 tracting for transportation services shall
be made not less than four (4)
50 weeks before the date of opening bids.
51 h.(3) Proof
of posting notice shall be upon the affidavit of the person
52 posting the same; and proof of publication
shall be upon the affidavit of the
53 publisher of the newspaper or
newspapers respectively. Such affidavits shall
54 be filed with his board by the clerk responsible
for the posting and the pub-
55 lishing of said notice, before the day of
the election named in the notice.
9
1 SECTION 10.
That Section 33-404, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 33-404. PLACES
ELECTIONS TO BE HELD. In elections involving excision and
4 annexation of territory,
or the consolidation of school districts, or the
5 division of a school district, each notice
of election shall designate that
6 polling places shall be established, as
follows:
7 In an
election involving excision and annexation of territory, polling
8 places shall be established in the district
to which the territory or area is
9 to be annexed; in the territory or area
to be annexed; and in the remainder of
10 the school district from which the territory
or area is to be excised.
11 In an election involving
consolidation of school districts, polling places
12 shall be established in each district proposed
to be consolidated.
13 In an election involving
the division of a school district, polling places
14 shall be established in
each proposed trustee zone of each school district
15 proposed to be created by the division.
16 In any school election
held within a joint school district, polling places
17 shall be designated and established, within
such district, in each county in
18 which ten (10) or more electors of
the district reside. In an area where less
19 than ten (10) electors reside, a polling
place shall be designated upon peti-
20 tion to the board of trustees,
received not less than twenty-eight (28) days
21 preceding the date of the election, of three
(3) or more electors within the
22 affected area, or may be designated at the
option of the board of trustees.
23 SECTION 11.
That Section 33-405, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 33-405. QUALIFICATIONS
OF SCHOOL ELECTORS. Any person voting, or offering
26 to vote, in any school election must be,
at the time of the election eighteen
27 (18) years of age and
a United States citizen who has resided in this state
28 and in the school district at least thirty
(30) days next preceding the elec-
29 tion in which the
elector desires to vote. In the case of election
of
30 trustees, the elector must be a resident
of the same trustee zone as the can-
31 didate or candidates for school district
trustees for whom the elector offers
32 to vote for at least thirty (30) days next
preceding the election in which the
33 elector desires to vote.
34 Registration requirements
set forth in chapter 4, title 34, Idaho Code,
35 shall be applicable to
school elections, and in addition to the foregoing
36 qualifications, a school elector shall have
executed, in writing and immedi-
37 ately before voting, a
form of elector's oath attesting that he or she pos-
38 sesses the qualifications of a school elector
prescribed by this section and
39 indicating the mailing
address, residence address or any other necessary
40 information definitely locating the residence
of the school elector. The elec-
41 tor may be required to furnish to the election
official proof of residence,
42 which proof shall be
established by either an Idaho motor vehicle driver's
43 license or any other document definitely
establishing the elector's residence
44 within the school district. or trustee zone.
45 SECTION 12.
That Section 33-408, Idaho Code, be, and the same is hereby
46 amended to read as follows:
47 33-408. ELECTION
CONTESTS -- GROUNDS OF CONTEST. The election of any per-
48 son to a school board of trustees, or an
election concerning any proposition
49 submitted to a vote of
the people in a school district election may be con-
50 tested:
10
1 1. For malconduct,
fraud, or corruption on the part of the judges
of
2 election in any
polling place or of any board of canvassers, or any member
3 of either board
sufficient to change the result.
4 2. When
the incumbent was not eligible to the office at the time of the
5 election.
6 3. When the
incumbent has been convicted of felony, unless at the time of
7 the election he
shall have been restored to civil rights.
8 4. When the
incumbent has given or offered to any elector, or any judge,
9 clerk or canvasser
of the election, any bribe or reward in money, property
10 or anything of value
for the purpose of procuring his election.
11 5. When illegal
votes have been received or legal votes rejected at the
12 polls sufficient
to change the result.
13 6. For
any error in any board of canvassers in counting
votes or in
14 declaring the result
of the election, if the error would
change the
15 result.
16 7. When
the incumbent is in default as a collector and custodian of pub-
17 lic money or property.
18 8. For any
cause which shows that another person was legally elected.
19 9. For any
cause which shows that the election was not conducted in con-
20 formance with the
provisions of this chapter law.
21 SECTION 13.
That Section 33-409, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 33-409. BOND
ELECTION AND LEVY INCREASES -- TIME FOR FILING -- VALIDATION
24 OF ELECTIONS AND BONDS. a. The provisions
of this chapter 4, title 33, and
25 chapter 14, title 34, Idaho
Code, with respect to the contest of school dis-
26 trict elections shall be applicable to bond
elections conducted by for school
27 districts and to elections
conducted by for school districts for levy
28 increases as authorized by sections 33-802,
33-803 and 33-804, Idaho Code. Any
29 such contest shall be regarded as one contesting
the outcome of the vote on
30 the bond or levy proposition,
rather than election to office, and the school
31 district calling the election rather than
a person declared to have been
32 elected to office, shall be regarded as
the defendant.
33 b. When
the validity of any bond or levy election is contested upon any
34 of the grounds enumerated in section 33-408,
Idaho Code, the plaintiff or
35 plaintiffs must, within forty (40)
days after the votes are canvassed and the
36 results thereof declared, file in the proper
court a verified written com-
37 plaint setting forth, in addition
to the other requirements of this chapter,
38 the following:
39 1. The name
of the party contesting the bond or levy election, and that
40 he is
an elector of the school district conducting ordering the bond or
41 levy election.
42 2. The proposition
or propositions voted on at the election which
are
43 contested.
44 3. The particular
grounds of such contest.
45 c. No such
election contest shall be maintained and no bond or levy elec-
46 tion shall be set aside or held invalid
unless a complaint is filed as permit-
47 ted hereunder within the period prescribed
in this section. As to bond or levy
48 elections which have been
held prior to the effective date of section
49 34-2001A, Idaho Code, no such contest
shall be maintained wherein it is
50 alleged that the election should be set
aside or held on any ground enumerated
51 in section 33-408, Idaho Code, unless such
election contest be filed as herein
52 provided within forty (40) days
from and after the effective date of section
53 34-2001A, Idaho Code.
11
1 d. All bond
elections conducted ordered by school districts prior to the
2 effective date of section 34-2001A, Idaho
Code, and all proceedings had in the
3 authorization and issuance of
the bonds authorized thereat, are hereby vali-
4 dated, ratified and confirmed and all such
bonds are declared to constitute
5 legally binding obligations
in accordance with their terms. Nothing in the
6 provisions of this section shall be construed
to affect or validate any bond
7 election, or bonds issued
pursuant thereto, the legality of which is being
8 contested at the time this section
takes effect, or any election the legality
9 of which is contested within the forty (40)
day period from and after the
10 effective date of section 34-2001A, Idaho
Code.
11 SECTION 14.
That Section 33-502B, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 33-502B. BOARD
OF TRUSTEES -- ONE NOMINATION -- NO ELECTION. In any elec-
14 tion for trustees, if, after the expiration
of the date for filing written
15 nominations for the office of trustee,
it appears that only one (1) qualified
16 candidate has been nominated for a position
to be filled or if only one (1)
17 candidate has filed a
write-in declaration of intent as provided by section
18 33-502A, Idaho Code, no election shall be
held for that position, and the
19 board of trustees or the school district
clerk with the written permission of
20 the board, shall within four (4) ten (10)
days before the scheduled date of
21 the election declare such candidate
elected as a trustee, and the school dis-
22 trict clerk shall immediately prepare and
deliver to the person a certificate
23 of election signed by him and bearing
the seal of the district. The procedure
24 set forth in this section shall not apply
to any other school district elec-
25 tion.
26 SECTION 15.
That Section 33-503, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 33-503. ELECTION
OF TRUSTEES -- UNIFORM DATE. The election of school dis-
29 trict trustees including those in charter
districts shall be on the third
30 fourth Tuesday in May. Notice and
conduct of the election, and the canvassing
31 of the returns shall be as provided in
sections 33-401--33-406 chapter 14,
32 title 34, Idaho Code. In each trustee
zone, the person receiving the greatest
33 number of votes cast within his zone the
district shall be declared by the
34 board of trustees as the trustee elected
from that zone.
35 If any
two (2) or more persons have an equal number
of votes in any
36 trustee zone and a greater number than any
other nominee in that zone, the
37 board of trustees shall determine the winner
by a toss of a coin.
38 SECTION 16.
That Section 33-504, Idaho Code, be, and the same is hereby
39 amended to read as follows:
40 33-504. VACANCIES
ON BOARDS OF TRUSTEES. A vacancy shall be declared by
41 the board of trustees
when any nominee has been elected but has failed to
42 qualify for office, or within thirty (30)
days of when any trustee shall: (a)
43 die; (b) resign as trustee; (c) remove himself
from his trustee zone of resi-
44 dence; (d) no longer be a resident or school
district elector of the district;
45 (e) refuse to serve as trustee; (f)
without excuse acceptable to the board of
46 trustees, fail to attend four (4) consecutive
regular meetings of the board;
47 or (g) be recalled and discharged
from office as provided in section 33-439,
48 Idaho Code by law.
49 Such declaration
of vacancy shall be made at any regular or special meet-
12
1 ing of the board of trustees,
at which any of the above-mentioned conditions
2 are determined to exist.
3 The board of trustees
shall appoint to such vacancy a person qualified to
4 serve as trustee of the school
district provided there remains in membership
5 on the board of trustees a majority of the
membership thereof, and the board
6 shall notify the state superintendent
of public instruction of the appoint-
7 ment. Such appointment shall be made within
ninety (90) days of the declara-
8 tion of vacancy. Otherwise, appointments
shall be made by the board of county
9 commissioners of the county in which the
district is situate, or of the home
10 county if the district be a joint district.
11 Any person appointed
as herein provided shall serve until the annual meet-
12 ing of school district trustees next following
such appointment. At the annual
13 election a trustee shall
be elected to complete the unexpired term of the
14 office which was declared vacant and filled
by appointment.
15 The elected trustee
shall assume office at the annual meeting
of the
16 school district next following the election.
17 SECTION 17.
That Section 33-601, Idaho Code, be, and the same is hereby
18 amended to read as follows:
19 33-601. REAL
AND PERSONAL PROPERTY -- ACQUISITION, USE OR DISPOSAL
OF
20 SAME. The board of trustees
of each school district shall have the following
21 powers and duties:
22 1. To rent
to or from others, school buildings or other property used, or
23 to be used, for school purposes.
24 2. To contract
for the construction, repair, or improvement of any real
25 property, or the acquisition,
purchase or repair of any equipment, or other
26 personal property necessary for the operation
of the school district.
27 Except for the purchase
of curricular materials as defined in section
28 33-118A, Idaho Code, no
such contract shall be executed which entails the
29 expenditure of fifteen thousand dollars
($15,000) or more without notice first
30 being given by publishing twice in the manner
required by subsections g. and
31 h. of section 33-402, Idaho
Code, unless in cooperation with the division of
32 purchasing or cooperative agency established
pursuant to chapter 23, title 67,
33 and/or sections 33-315 through 33-318, Idaho
Code. The board of trustees may
34 let the contract to
the lowest responsible bidder, or reject any bid, or
35 reject all bids and publish notice for bids,
as before. If, thereafter, no
36 satisfactory bid is received,
the board may proceed under its own direction,
37 subject to the approval of the state board
of education.
38 3. To designate
and purchase any real property necessary for school pur-
39 poses or in the operation of the district,
the provisions of subsection 2. of
40 this section notwithstanding, or remove
any building, or dispose of any real
41 property. The board of trustees shall determine
the size of the site necessary
42 for school purposes. The site shall
be located within the incorporated limits
43 of any city within the district; provided,
however, that if the board finds
44 that it is not in the best interests
of the electors and the students of the
45 district to locate the site within the incorporated
limits of a city, the
46 board, by duly adopted resolution
setting forth the reasons for its finding,
47 may designate a site located elsewhere
within the district. In elementary
48 school districts, except upon removal for
highway purposes, a site may be des-
49 ignated or changed only
after approval of two-thirds (2/3) or more of the
50 electors voting at the annual meeting.
51 4. (a) To
convey, except as provided by (b) of this subsection, by deed,
52 bill of
sale, or other appropriate instrument, all of the
estate and
53 interest of the
district in any property, real or personal. In elementary
13
1 school districts,
except such conveyance as is authorized by subsection 6.
2 of this
section, any of the transactions authorized in this subsection
3 shall be subject
to the approval of two-thirds (2/3) or more of the elec-
4 tors voting at the
annual meeting.
5
Prior to such sale or conveyance, the board shall have the
property
6 appraised by three
(3) disinterested residents of the district,
which
7 appraisal
shall be entered in the records of the board of trustees. The
8 property may be
sold at public auction or by sealed bids, as the board of
9 trustees shall determine,
to the highest bidder. Such property may be sold
10 for cash
or for such terms and conditions as the board of trustees shall
11 determine for a
period not exceeding ten (10) years, with the annual rate
12 of interest
on all deferred payments not less than seven percent (7%) per
13 annum. The
title to all property sold on contract shall be retained
in
14 the name
of the school district until full payment has been made by the
15 purchaser, and title
to all property sold under a note and mortgage
or
16 deed of
trust shall be transferred to the purchaser at the point of sale
17 under the terms
and conditions of the mortgage or deed of trust as
the
18 board of
trustees shall determine. Notice of the time and the conditions
19 of such sale shall
be published twice, and proof thereof made, in accor-
20 dance with
subsections g. and h. of section 33-402, Idaho Code, except
21 that when the appraised
value of the property is less than five hundred
22 dollars ($500),
one (1) single notice by publication shall be sufficient
23 and the property
shall be sold by sealed bids.
24
The board of trustees may accept the highest bid, may reject any bid,
25 or reject all bids.
If the real property was donated to the school dis-
26 trict the
board may, within a period of one (1) year from the time of the
27 appraisal, sell
the property without additional advertising or bidding.
28 Otherwise,
the board of trustees must have new appraisals made and again
29 publish notice for
bids, as before. If, thereafter, no satisfactory bid is
30 made and received,
the board may proceed under its own direction to sell
31 and convey
the property. In no case shall any real property of the school
32 district be sold
for less than its appraisal.
33
The board of trustees may sell personal property, with an estimated
34 value of
less than five hundred dollars ($500), without appraisal,
by
35 sealed bid or at
public auction, provided that there has been not
less
36 than one (1) published
advertisement prior to the sale of said property.
37 (b) Real and
personal property may be exchanged hereunder for other prop-
38 erty if the consideration
received by said school district shall be deemed
39 adequate by
the board of trustees, provided, however, that aside from the
40 provisions of this
paragraph hereof, any school district may by a vote of
41 one-half (1/2)
plus one (1) of the members of the full board of trustees,
42 by resolution duly
adopted, authorize the transfer or conveyance of any
43 real or personal
property owned by such school district to the government
44 of the United States,
any city, county, the state of Idaho, any hospital
45 district organized
under chapter 13, title 39, Idaho Code, any other
46 school district,
any library district, any community college district, or
47 any recreation district,
with or without any consideration accruing to the
48 school district,
when in the judgment of the board of trustees it is for
49 the interest of
such school district that said transfer or conveyance be
50 made.
51 5. To enter
into contracts with any city located within the boundaries of
52 the school district for the joint purchase,
construction, development, mainte-
53 nance and equipping of playgrounds, ball
parks, swimming pools, and other rec-
54 reational facilities upon property
owned either by the school district or the
55 city.
14
1 6. To convey
rights-of-way and easements for highway, public utility, and
2 other purposes over, upon or across any
school property and, when necessary to
3 the use of such property for any such purpose,
to authorize the removal of
4 school buildings to such new
location, or locations, as shall be determined
5 by the board of trustees, and such removal
shall be made at no cost or expense
6 to the school district.
7 7. To authorize
the use of any school building of the district as a com-
8 munity center, or for
any public purpose, and to establish a policy of
9 charges, if any, to be made for such use.
10 8. To exercise
the right of eminent domain under the provisions of chap-
11 ter 7, title 7, Idaho Code, for any
of the uses and purposes provided in sec-
12 tion 7-701, Idaho Code.
13 9. If there
is a great public calamity, such as an extraordinary
fire,
14 flood, storm, epidemic, or other
disaster, or if it is necessary to do emer-
15 gency work to prepare for national or local
defense, or it is necessary to do
16 emergency work to safeguard
life, health or property, the board of trustees
17 may pass a resolution declaring that the
public interest and necessity demand
18 the immediate expenditure of
public money to safeguard life, health or prop-
19 erty. Upon adoption of the resolution, the
board may expend any sum required
20 in the emergency without compliance with
this section.
21 SECTION 18.
That Section 33-803, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 33-803. LEVY
FOR EDUCATION OF CHILDREN OF MIGRATORY FARM WORKERS. In any
24 school district in which there is located
any farm labor camp and the children
25 of migratory farm workers housed
therein attend the schools of the district,
26 the board of trustees may make a levy not
exceeding one-tenth percent (.1%) of
27 the market value for assessment purposes
on all taxable property within the
28 district, in addition to any
other levies authorized by law, for the cost of
29 educating such children.
30 Whenever the aggregate
of the levy herein authorized and other levies made
31 for maintenance and operation of the district
shall exceed six-tenths percent
32 (.6%) of the market
value for assessment purposes on all taxable property
33 within the district, the levy authorized
by this section must be approved by
34 the school district electors
at a tax levy election held for that purpose.
35 Notice of such election shall be given,
the election shall be conducted, and
36 the returns thereof made, as provided
in sections 33-401 through 33-406 title
37 34, Idaho Code; and the question shall be
approved only if a majority of the
38 qualified electors voting at such election
vote in favor thereof. If the elec-
39 tion be held in
conjunction with any other school election, the question
40 herein shall be submitted by separate ballot.
41 SECTION 19.
That Section 33-1103, Idaho Code, be, and the same is hereby
42 amended to read as follows:
43 33-1103. DEFINITIONS
-- BONDS -- LIMITATION ON AMOUNT -- ELECTIONS TO
44 AUTHORIZE ISSUANCE. For the purposes of
this chapter the following definitions
45 shall have the meanings specified:
"Market value for assessment purposes"
46 means the amount of
the last preceding equalized assessment of all taxable
47 property within the school district on the
tax rolls completed and available
48 as of the date of
approval by the electorate in the school bond election.
49 "Aggregate outstanding indebtedness" means
the total sum of unredeemed out-
50 standing bonds, minus all moneys
in the bond interest and redemption fund or
51 funds accumulated for the redemption of
such outstanding bonds, and minus the
15
1 sum of all taxes levied for
the redemption of such bonds, with the exception
2 of that portion of such tax levies required
for the payment of interest on
3 bonds, which taxes remain uncollected.
"Issue," "issued," or "issuance" means
4 a formal delivery of bonds to any purchaser
thereof and payment therefor to
5 the school district.
6 The board
of trustees of any school district, upon approval of a majority
7 thereof, may submit to the qualified school
district electors of the district
8 the question as to whether
the board shall be empowered to issue negotiable
9 coupon bonds of the district in an amount
and for a period of time to be named
10 in the notice of election.
11 An elementary school
district which employs not less than six (6) teach-
12 ers, or a school
district operating an elementary school or schools, and a
13 secondary school or schools, or issuing
bonds for the acquisition of a second-
14 ary school or schools, may issue bonds in
an amount not to exceed five per
15 centum percent (5%) of the market
value for assessment purposes thereof, less
16 the aggregate outstanding indebtedness;
and no other school district shall
17 issue bonds in an amount to exceed
at any time two per centum percent (2%) of
18 the market value for assessment purposes
thereof less the aggregate outstand-
19 ing indebtedness. The market value for assessment
purposes, the aggregate out-
20 standing indebtedness and the unexhausted
debt-incurring power of the district
21 shall each be determined
as of the date of approval by the electors in the
22 school bond election.
23 Notice of the bond
election shall be given, the election shall be
con-
24 ducted and the returns thereof
canvassed, and the qualifications of electors
25 voting or offering to vote shall be, as
provided in sections 33-401--33-406
26 title 34, Idaho Code.
27 The question
shall be approved only if the percentage of votes cast at
28 such election were cast in favor thereof
is that which now, or may hereafter
29 be, set by the Cconstitution
of the Sstate of Idaho. Upon such approval of
30 the issuance of bonds, the same may be issued
at any time within two (2) years
31 from the date of such election.
32 SECTION 20.
That Section 33-1510, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 33-1510. CONTRACTS
FOR TRANSPORTATION SERVICE. All contracts entered into
35 by boards of trustees for the transportation
of pupils shall be in writing in
36 a form approved by the state superintendent
of public instruction. No contract
37 shall be executed covering a period of time
exceeding five (5) years. School
38 districts shall advertise, bid and contract
for all bus transportation service
39 routes at a single time,
and contract with the lowest responsible bidder or
40 bidders meeting the specifications.
41 Before entering
into such contracts, the board of trustees shall invite
42 bids by twice giving notice
as provided in section 33-402g., Idaho Code, and
43 shall award the contract to the lowest responsible
bidder.
44 SECTION 21.
That Section 33-2111, Idaho Code, be, and the same is hereby
45 amended to read as follows:
46 33-2111. TAXES
AND OTHER FINANCIAL SUPPORT FOR COMMUNITY COLLEGES. For
47 the maintenance and operation of each community
college, in addition to the
48 income from tuition paid
by students as hereinbefore provided, the board of
49 trustees may levy upon the taxable property
within the district a tax not to
50 exceed sixteen hundredths
percent (.16%) of the market value for assessment
51 purposes on all taxable property within
the district.
16
1 The tax levy determined
by the board of trustees, within said limit, shall
2 be certified to the board of county commissioners
in each county in which the
3 district may lie, not later than the
second Monday in September of each year.
4 No levy in excess of sixteen hundredths
percent (.16%) of the market value for
5 assessment purposes on all taxable property
within the district shall be made
6 unless a supplemental levy in
a specified amount be first authorized through
7 an election held, as provided in sections
33-401 through 33-406 title 34,
8 Idaho Code, as if the
community college district were a school district and
9 approved by a majority of the district electors
voting in such election.
10 SECTION 22.
That Section 63-1309, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 63-1309. SPECIAL
TAXING DISTRICT OR BOND PROPOSAL DEFEATED IN ELECTION
13 BARS SUBSEQUENT ELECTIONS FOR SPECIFIED
TIME -- EXCEPTION -- BOARD OF EDUCA-
14 TION MAY CONDUCT ELECTION -- MUNICIPALITIES,
WATER OR SEWER DISTRICTS MAY CON-
15 DUCT BOND ELECTION. If
any election has been held for the formation of any
16 special taxing district, or for the approval
of any bond issue or other pro-
17 posal which would have resulted in
a property tax levy, and the proposal sub-
18 mitted at such election was defeated, no
subsequent election shall be held
19 within six five (65) months from and after
the date of such prior election for
20 the same or a similar purpose
in any district which includes any part of the
21 area which was affected by the prior election.
In the event any school build-
22 ing is destroyed or rendered
unusable for school purposes by reason of fire,
23 flood or other catastrophe, and a school
bond election for the purpose of the
24 replacement of such building is prohibited
by the provisions of this section,
25 the state board of education shall have
the power to authorize an election for
26 such purpose by order based upon a finding
of such facts. The provisions of
27 this section shall not apply
to school elections held solely for determining
28 property tax levies for general school purposes
not involving the issuance of
29 bonds. This time requirement between
elections shall not apply to municipali-
30 ties or water and/or sewer districts when
bond issues are being proposed for
31 the installation or improvement
of water supply systems or public sewerage
32 systems which have been deemed necessary
by the Idaho state board of health to
33 bring such system or systems in conformance
with state statutes or rules of
34 the state board of health.
35 SECTION 23.
That Sections 33-403, 33-403A, 33-403B, 33-405A, 33-405B,
36 33-406, 33-406A, 33-407, 33-410,
33-411, 33-412, 33-413, 33-414, 33-415,
37 33-416, 33-417, 33-418,
33-419, 33-420, 33-421, 33-422, 33-423, 33-424,
38 33-428, 33-429, 33-430, 33-431,
33-432, 33-433, 33-434, 33-435, 33-436,
39 33-437, 33-438, 33-439,
33-440, 33-441, 33-442, 33-502C and 33-502D, Idaho
40 Code, be, and the same are hereby repealed.
41 SECTION 24.
This act shall be in full force and effect on and after Janu-
42 ary 1, 2001.
Statement of Purpose / Fiscal Impact
STATEMENT OF PURPOSE
RS09895C5
It is critical
that public confidence in elections be maintained at the highest
level. County clerks are the chief election
officer in each county and generally
have the most knowledge of election process
and law. The purpose of this
legislation is to consolidate most election
functions in the office of the county
clerk.
Additionally,
in order to provide uniformity and simplicity, election dates
and procedures would be standardized. These
statutory changes are intended to
increase voter participation and confidence
by making it easier for voters to
identify when and where they are to vote.
.