ID Certificate 4/11/2011 2011-04-11

What did Idaho's AG certify about the 2011 referendum on Senate Bill 1184, the Luna Law on laptops and online graduation requirements?

Short answer: The AG certified the referendum petition for form. SB 1184 had passed both houses and been signed. The bill had a phased effective date: most sections take effect July 1, 2011; some on July 1, 2012.

Disclaimer: This is an official Idaho Attorney General opinion. AG opinions are persuasive authority but not binding precedent. This summary is for informational purposes only and is not legal advice. Consult a licensed Idaho attorney for advice on your specific situation.

Plain-English summary

This is the third certificate of review for the 2011 Idaho "Luna Laws" referendum trio. Senate Bill 1184 (codified as 2011 Idaho Session Law Chapter 247) was the most expansive of the three bills. Among other things, it: reduced certain school district funding categories; required school districts to provide laptop computers to high school students; and required online courses for high school graduation.

The referendum petition was filed by Michael Lanza, Chair of Idahoans for Responsible Education Reform, on April 8, 2011. Attorney General Lawrence Wasden's certificate confirmed that the Secretary of State had certified the petition for form and that SB 1184 met § 34-1803 referendum-eligibility requirements (passed both houses, signed). The certificate notes the bill's phased effective dates: Sections 1-4, 7-9, and 12-18 take effect July 1, 2011; Sections 5, 6, 10, and 11 take effect July 1, 2012. The certificate also flags House Bill 345, which had passed both houses and was awaiting the Governor's signature; HB 345's emergency clause would have made all sections of SB 1184 effective immediately.

This was a routine procedural certificate, brief and limited to confirming petition eligibility. The AG did not opine on the substance of SB 1184.

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

SB 1184 was the technology-and-funding piece of the Luna Laws. Companion bills S1108 (collective bargaining limits) and S1110 (performance-based pay) had both received certificates of review on March 23, 2011. Together the three bills made up the Luna Laws education reform package championed by State Superintendent Tom Luna and signed by Governor Butch Otter.

The certificate's reference to HB 345 illustrates a practical wrinkle in Idaho referendum procedure: a follow-on bill with an emergency clause can change the effective dates of a referendum-targeted bill. The AG's footnote alerted the petitioners that, if HB 345 became law, all sections of SB 1184 would be in effect during the referendum campaign rather than on the staggered July 1, 2011 / July 1, 2012 schedule originally enacted.

The Luna Laws referendums became Propositions 1, 2, and 3 on the November 2012 Idaho ballot. Idaho voters rejected all three. The substantive outcome of that vote, and any subsequent legislation that may have replaced the rejected provisions, is in Idaho Secretary of State election records and the Idaho Session Laws.

Common questions

Q: What did SB 1184 require?
A: Among other things, it: required school districts to phase in laptop computers for high school students; required two online credits for high school graduation; restructured certain funding categories; and made other changes intended to support a "21st-century classroom" model. Critics argued the bill diverted funds from classroom teachers to technology vendors; supporters said it would prepare Idaho students for college and careers.

Q: Why does the AG mention House Bill 345?
A: HB 345, which had passed both legislative chambers and was awaiting the Governor's signature at the time of this certificate, included a section that would amend SB 1184's effective-date language and make all sections immediately effective via an emergency clause. The AG was alerting the petitioners that the procedural status of the law they were challenging could change.

Q: What happened with the referendum?
A: This certificate predates the November 2012 vote. The Idaho Secretary of State's office maintains the official record. The Luna Laws were a major political event in Idaho, and historical accounts of the campaign and outcome are widely available.

Q: Was Michael Lanza acting for a teachers' union?
A: No. Lanza chaired "Idahoans for Responsible Education Reform," a campaign committee that organized the referendum on this specific bill. The Idaho Education Association had filed the referendum petitions for the other two Luna Laws (S1108 and S1110); the SB 1184 petition came from a different group.

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/C041111.pdf

Original opinion text

STATE OF IDAHO
OFFICE OF THE ATTORNEY GENERAL
LAWRENCE G. WASDEN

April 11, 2011

The Honorable Ben Ysursa
Idaho Secretary of State
HAND DELIVERED
RE:

Certificate of Review
Referendum Petition SB 1184

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 April 8, 2011, and forwarded for review to this office on April 8, 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 1184, 2011 Idaho Session Law Chapter 247, which having passed both houses and been signed into law meets the requirements of Idaho Code § 34-1803. Sections 1, 2, 3, 4, 7, 8, 9, 12, 13, 14, 15, 16, 17 and 18 of SB 1184 are effective on July 1, 2011, while Sections 5, 6, 10 and 11 of SB 1184 will be in effect on July 1, 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 this Certificate of Review, deposited in the U.S. Mail to Michael Lanza, Chair, Idahoans for Responsible Education Reform, P.O. Box 163, Boise, Idaho 83701.

Sincerely,

LAWRENCE G. WASDEN
Attorney General

Analysis by:

BRIAN P. KANE
Assistant Chief Deputy

(Note: House Bill 345 has passed both houses and is awaiting the Governor's signature. One of the effects of HB 345 would be to declare an emergency and make all sections of SB 1184 effective immediately. See HB 345, Section 9 (amending Section 19 of SB 1184).)