Glitch kills legislation for two boards of education

BOISE – Legislation to amend Idaho’s constitution to create two state boards of education – one for public schools, and one for colleges and universities – was killed in the Senate on Tuesday by a procedural glitch.

Sen. Gary Schroeder, R-Moscow, was ready to start his argument in favor of his resolution, SJR 102, when Senate Majority Leader Bart Davis stopped everything for a parliamentary inquiry.

Davis noted that an obscure joint rule of the Legislature, Rule 20, requires that any resolution to amend the state constitution be introduced by the 36th day of the session, and transmitted from one house to the other prior to the 55th day of the session. The only way around that, according to the rule, is if the presiding officer is presented with a signed petition by the majority or minority leadership.

“The president has not received any waiver – there is a difficulty here,” said Lt. Gov. Jim Risch, who presides over the Senate as its president. “Today is the 72nd day, and as a result of this, SJR 102 is not properly before the Senate.”

Schroeder protested that he didn’t know, but Risch cut him off. “The rules are the rules, and since we’ve passed the 55th legislative day, this SJR is not properly before the Senate and will be filed in the Office of Secretary.”

Schroeder said afterward, “If the rules don’t allow it, the rules don’t allow it.” He said he’ll likely be back with the idea next year, and said he’s making progress – last year the idea didn’t even get a committee hearing.