What did Idaho's AG certify about the 2011 referendum on Senate Bill 1110, the Luna Law on performance-based teacher pay?
Plain-English summary
This is one of three certificates of review issued for referendum petitions challenging the 2011 Idaho "Luna Laws," the education reform package championed by State Superintendent of Public Instruction Tom Luna and signed by Governor Butch Otter. Senate Bill 1110 (codified as 2011 Idaho Session Law Chapter 97) established performance-based pay for teachers.
The referendum petition was filed by the Idaho Education Association (Sheri Wood, President) on March 18, 2011 and forwarded to the Attorney General on March 21, 2011. Attorney General Lawrence Wasden's certificate confirms that the Secretary of State had certified the petition as to form and that S1110 met the procedural requirements for referendum under Idaho Code § 34-1803 (passed both houses, signed into law). The certificate notes that S1110 was not scheduled to take effect until 2012, which is relevant to the timing of any election.
A referendum certificate of review is a brief procedural step. Unlike initiative certificates, where the AG conducts a substantive review of the proposed law's legality, a referendum certificate primarily confirms that the underlying legislation is eligible for referendum and that the petition meets statutory form requirements. The AG does not opine on the merits of the targeted law.
Currency note
This opinion was issued in 2011. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Background and statutory framework
The Luna Laws were a three-bill education reform package: S1108 (restricting collective bargaining with teachers), S1110 (performance-based pay), and SB1184 (laptop computers and online course graduation requirements). All three drew major opposition from the Idaho Education Association and other teacher and parent groups, who organized referendum campaigns against each.
Companion certificates were issued for S1108 (March 23, 2011) and SB1184 (April 11, 2011). The three certificates served as the procedural gateway for the referendum campaigns that followed.
The Luna Laws referendums became Propositions 1, 2, and 3 on the November 2012 Idaho ballot. Idaho voters rejected all three, repealing the entire Luna Laws package by referendum. That outcome is part of the historical record of Idaho education reform but is not addressed in this 2011 certificate, which only certified the petition for form.
Common questions
Q: What is the difference between an initiative and a referendum?
A: An initiative proposes new law (the people enact something the legislature has not). A referendum challenges existing legislation (the people may reject something the legislature has enacted before it takes full effect). Both are governed by Title 34, chapter 18 of the Idaho Code.
Q: Why does the certificate barely discuss the merits of S1110?
A: Idaho's referendum-petition review under § 34-1804 is procedural. The AG checks that the targeted law meets § 34-1803 requirements (it passed both houses and was signed) and that the petition is in proper form. Substantive policy critique is left to the campaign and the voters.
Q: What was S1110?
A: S1110, codified as 2011 Idaho Session Law Chapter 97, established performance-based pay (merit pay) for Idaho teachers. The merit pay system tied compensation in part to student academic performance, school-wide measures, and other criteria. Idaho Education Association argued the system was unfair and would harm teaching quality; supporters argued it would reward effective teachers.
Q: Was the referendum successful?
A: The referendum became Proposition 2 on the November 2012 Idaho ballot. It is part of the public election record, but this 2011 certificate does not speak to it. Readers researching the outcome should consult Idaho Secretary of State election results.
Citations and references
Statutes:
- Idaho Code § 34-1803 (referendum eligibility)
- Idaho Code § 34-1804 (referendum petition review)
Source
- Landing page: https://www.ag.idaho.gov/office-resources/opinions/
- Original PDF: https://ag.idaho.gov/content/uploads/2018/04/C032311a.pdf
Original opinion text
STATE OF IDAHO
OFFICE OF THE ATTORNEY GENERAL
LAWRENCE G. WASDEN
March 23, 2011
The Honorable Ben Ysursa
Idaho Secretary of State
HAND DELIVERED
RE:
Certificate of Review - Referendum Petition S1110
Dear Secretary of State Ysursa:
This letter shall serve as the certificate of review for the referendum petition submitted to the Secretary of State's office on March 18, 2011 and forwarded for review to this office on March 21, 2011. It appears that the Secretary of State has certified the petition as to form, and completed the initial review as provided for in Idaho Code § 34-1804. The referendum concerns Senate Bill 1110, 2011 Idaho Session Law Chapter 97, which having passed both houses and been signed into law meets the requirements of Idaho Code § 34-1803. S1110 does not go into effect until 2012.
CERTIFICATION
I HEREBY CERTIFY that the enclosed measure has been reviewed for form, style, and matters of substantive import. The recommendations set forth above have been communicated to the Petitioner via a copy of the Certificate of Review, deposited in the U.S. Mail to Sheri Wood, President Idaho Education Association, P.O. Box 2638, Boise, Idaho 83701-2638.
Sincerely,
LAWRENCE G. WASDEN
Attorney General
Analysis by:
BRIAN KANE
Assistant Chief Deputy