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H0793.....................................................by WAYS AND MEANS
SCHOOLS - UNSAFE - Adds to existing law to require school districts to
identify and abate unsafe and unhealthy conditions in schools in the
district; and to create a School Safety and Health Revolving Loan Fund from
which school districts can borrow money from the state of Idaho to abate
unsafe and unhealthy conditions in schools.
03/29 House intro - 1st rdg - to printing
03/30 Rpt prt - hld at desk
H0793
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 793
BY WAYS AND MEANS COMMITTEE
1 AN ACT
2 RELATING TO SAFE SCHOOLS; AMENDING CHAPTER 16, TITLE 33, IDAHO CODE, BY THE
3 ADDITION OF A NEW SECTION 33-1613, IDAHO CODE, TO REQUIRE ABATEMENT OF
4 UNSAFE AND UNHEALTHY CONDITIONS IN PUBLIC SCHOOL FACILITIES AND TO PROVIDE
5 THE MECHANISM FOR SUCH ABATEMENT; AMENDING CHAPTER 16, TITLE 33, IDAHO
6 CODE, BY THE ADDITION OF A NEW SECTION 33-1017, IDAHO CODE, TO CREATE THE
7 SCHOOL SAFETY AND HEALTH REVOLVING LOAN FUND TO BE USED TO ABATE UNSAFE
8 AND UNHEALTHY CONDITIONS IN PUBLIC SCHOOL FACILITIES WHEN THE SCHOOL
9 DISTRICT'S FUNDS ARE INSUFFICIENT AND TO PROVIDE FOR ADMINISTRATION OF THE
10 FUND; DECLARING AN EMERGENCY, PROVIDING RETROACTIVE APPLICATION AND PRO-
11 VIDING THE EFFECT ON CERTAIN LOTTERY MONEYS.
12 Be It Enacted by the Legislature of the State of Idaho:
13 SECTION 1. That Chapter 16, Title 33, Idaho Code, be, and the same is
14 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
15 ignated as Section 33-1613, Idaho Code, and to read as follows:
16 33-1613. SAFE PUBLIC SCHOOL FACILITIES REQUIRED. (1) Definition. As used
17 in this section, "public school facilities" means the physical plant of
18 improved or unimproved real property owned or operated by a school district,
19 including school buildings, administration buildings, playgrounds, athletic
20 fields, etc., used by schoolchildren or school district personnel in the nor-
21 mal course of providing a general, uniform and thorough system of public, free
22 common schools, but does not include areas, buildings or parts of buildings
23 closed from or not used in the normal course of providing a general, uniform
24 and thorough system of public, free common schools. The aspects of a safe
25 environment conducive to learning as provided by section 33-1612, Idaho Code,
26 that pertain to the physical plant used to provide a general, uniform and
27 thorough system of public, free common schools are hereby defined as those
28 necessary to comply with the safety and health requirements set forth in this
29 section.
30 (2) Inspection. It is the duty of the board of trustees of every school
31 district at least once in every school year to require an independent inspec-
32 tion of the district's school facilities to determine whether those school
33 facilities comply with codes addressing safety and health standards for facil-
34 ities, including electrical, plumbing, mechanical, elevator, fire safety,
35 boiler safety, life safety, structural, snow loading, and sanitary codes,
36 adopted by or pursuant to the Idaho building code advisory act, chapter 41,
37 title 39, Idaho Code, adopted by the state fire marshal, adopted by generally
38 applicable local ordinances, or adopted by rule of the state board of educa-
39 tion and applicable to school facilities. The inspection shall be done pursu-
40 ant to section 39-4130, Idaho Code, or by an independent inspector profession-
41 ally qualified to conduct inspections under the applicable code. The results
42 of the inspection shall be presented to the board of trustees for their review
43 and consideration.
2
1 (3) Abatement required -- Reporting. The board of trustees shall, in
2 their sole discretion, accept or reject the results of the inspection in whole
3 or in part and in so doing shall identify any unsafe or unhealthy conditions
4 in the district. The board of trustees shall require that the unsafe or
5 unhealthy conditions be abated and shall instruct the district's personnel to
6 take necessary steps to abate unsafe or unhealthy conditions. The board of
7 trustees must issue a report in the same school year in which the inspections
8 are made declaring whether any unsafe or unhealthy conditions identified have
9 not been abated. The state board of education may, by rule, provide for uni-
10 form reporting of unsafe and unhealthy conditions and for uniform reporting of
11 abatement or absence of abatement of unsafe and unhealthy conditions.
12 (4) Costs of and plan of abatement. If the school district can abate all
13 unsafe or unhealthy conditions identified with the funds available to the dis-
14 trict, it shall do so, and it need not separately account for the costs of
15 abatement nor segregate funds expended for abatement. If the school district
16 cannot abate all unsafe or unhealthy conditions identified with the funds
17 available to it, the board of trustees shall direct that a plan of abatement
18 be prepared. The plan of abatement shall provide a timetable that shall begin
19 no later than the following school year and that shall provide for abatement
20 with all deliberate speed of unsafe and unhealthy conditions identified. The
21 district shall immediately begin to implement its plan of abatement and must
22 separately account for its costs of abatement of unsafe and unhealthy condi-
23 tions and separately segregate funds for the abatement of unsafe and unhealthy
24 conditions as required by subsection (5) of this section.
25 (5) Special provisions for implementation of plan of abatement.
26 (a) Notwithstanding any other provisions of law concerning expenditure of
27 lottery moneys distributed to the school district, all lottery moneys pro-
28 vided to the school district for a school year in which the school dis-
29 trict cannot abate unsafe or unhealthy conditions identified and not
30 legally encumbered to other uses at the time and all lottery moneys for
31 following school years shall be segregated and expended exclusively for
32 abatement of unsafe and unhealthy conditions identified until all of the
33 unhealthy and unsafe conditions identified are abated, provided, if the
34 school district has obtained a loan from the safety and health revolving
35 loan fund, the provisions of section 33-1017, Idaho Code, and the condi-
36 tions of the loan shall determine the use of the district's lottery moneys
37 during the term of the loan.
38 (b) If the lottery moneys referred to in paragraph (a) of this subsection
39 will, in the board of trustees' estimation, be insufficient to abate the
40 unsafe and unhealthy conditions identified, the plan of abatement shall
41 identify additional sources of funds to complete the abatement of the
42 unsafe and unhealthy conditions. The board of trustees may choose from
43 among the following sources, or from other sources of its own identifica-
44 tion, but the plan of abatement must identify sufficient sources of funds
45 for abatement.
46 (i) If the school district is not levying under chapter 8, title
47 33, Idaho Code, at the maximum levies allowed by law for levies that
48 may be imposed by a board of trustees without an election, the board
49 of trustees may increase any of those levies as allowed by law for
50 the school year following the school year in which it was unable to
51 abate unsafe or unhealthy conditions identified.
52 (ii) If the school district is levying under chapter 8, title 33,
53 Idaho Code, at the maximum levies allowed by law for levies that may
54 be imposed by the board of trustees without an election; or, if after
55 increasing those levies to the maximum levies allowed by law for
3
1 levies that may be imposed by the board of trustees without an elec-
2 tion, there will still be insufficient funds to abate unsafe or
3 unhealthy conditions identified, the school district, after giving
4 notice and conducting a hearing, may declare a financial emergency
5 and/or may apply for a loan from the safety and health revolving loan
6 fund as provided in section 33-1017, Idaho Code, to obtain funds to
7 abate the unsafe or unhealthy conditions identified.
8 (iii) Upon the declaration of a financial emergency, the board of
9 trustees shall have the power to impose a reduction in force, to
10 freeze some or all salaries in the district, and/or to suspend some
11 or all contracts that may be legally suspended upon the declaration
12 of a financial emergency; provided, that when a board of trustees
13 declares a financial emergency, or when a declaration of a financial
14 emergency is imposed by the state treasurer pursuant to section
15 33-1017, Idaho Code, and there is a reduction in force, some or all
16 salaries are frozen, or some contracts are suspended, the payments to
17 the school district under the foundation program of chapter 10, title
18 33, Idaho Code, and in particular the staff allowances under that
19 chapter, shall not be reduced during the duration of the financial
20 emergency as a result of a reduction in force, frozen salaries, or
21 suspended salaries from what the staff allowance would be without the
22 reduction in force, frozen salaries or suspended contracts.
23 (c) All costs of abatement for a program implementing plans of abatement
24 under subsection (5) of this section must be separately accounted for and
25 documented with regard to abatement of each unsafe or unhealthy condition
26 identified. Funds obtained under section 33-1017, Idaho Code, must be used
27 exclusively to abate unsafe or unhealthy conditions identified. Funds
28 obtained pursuant to section 33-1017, Idaho Code, in excess of funds nec-
29 essary to abate unsafe or unhealthy conditions identified must be returned
30 as provided in section 33-1017, Idaho Code. Return of these funds shall be
31 judicially enforceable as provided in section 33-1017, Idaho Code.
32 SECTION 2. That Chapter 10, Title 33, Idaho Code, be, and the same is
33 hereby amended by the addition thereto of a NEW SECTION , to be known and des-
34 ignated as Section 33-1017, Idaho Code, and to read as follows:
35 33-1017. SCHOOL SAFETY AND HEALTH REVOLVING LOAN FUND. (1) Fund created.
36 There is hereby created a fund in the state treasury to be known as the school
37 safety and health revolving loan fund to which shall be credited all moneys
38 that may be appropriated, apportioned, allocated and paid back to that fund.
39 Moneys in this fund shall be used exclusively as provided in this section,
40 except that moneys in this fund shall be returned to the budget stabilization
41 fund as provided in this section.
42 (2) Approval of loan. A school district that does not have the financial
43 resources to abate unsafe or unhealthy conditions identified pursuant to sec-
44 tion 33-1613, Idaho Code, and which is eligible to seek additional funds under
45 subsection (5)(b)(ii) of section 33-1613, Idaho Code, may apply to the state
46 treasurer for a loan from the safety and health revolving loan fund. The loan
47 shall be approved if the district's loan application meets the criteria of
48 section 33-1613, Idaho Code, and of this section. If the board of examiners
49 finds that existing and anticipated loans under this section have depleted the
50 school safety and health revolving loan fund to an extent that the fund does
51 not have available sufficient moneys to loan to an eligible district, the
52 board of examiners shall declare that additional loans may be made from the
53 budget stabilization fund in section 57-814, Idaho Code, up to any limits of
4
1 the use of that fund provided by statute or declared by the governor in time
2 of general revenue shortfalls or major disaster.
3 (3) Conditions of loan -- Repayment of loan.
4 (a) The school district's application shall identify the unsafe or
5 unhealthy conditions that would be abated with the proceeds of the loan
6 and shall propose a method of and timetable for abating those conditions
7 and for repaying the loan.
8 (b) The state treasurer shall review the application to determine whether
9 the application is for abatement of unsafe or unhealthy conditions as
10 described in section 33-1613, Idaho Code, and to determine whether the
11 estimated costs of abatement and proposed plan of abatement is reasonable.
12 In reviewing the application, the state treasurer may call upon the assis-
13 tance of the state division of building safety, the state fire marshal,
14 the state department of administration, the state board of education, the
15 state department of education, or other knowledgeable persons to determine
16 whether conditions identified to be abated meet the criteria of section
17 33-1613, Idaho Code, and to determine whether the plan of abatement, esti-
18 mated costs of abatement and proposed methods of abatement are reasonable.
19 The state treasurer shall process the application for a loan within
20 thirty-five (35) days after its receipt.
21 (i) If the state treasurer determines that the application has not
22 identified unsafe or unhealthy conditions as described in section
23 33-1613, Idaho Code, the state treasurer shall return the application
24 with a written statement that contains reasons why the loan applica-
25 tion does not meet the criteria of this section and of section
26 33-1613, Idaho Code.
27 (ii) If the state treasurer determines that the application has
28 identified unsafe or unhealthy conditions as described in section
29 33-1613, Idaho Code, the state treasurer shall then determine whether
30 the application has proposed reasonable methods of and reasonable
31 estimates of costs of abatement. The state treasurer shall approve
32 the plan of abatement if the district has proposed a reasonable
33 method of abatement and if its estimated costs of abatement are rea-
34 sonable; otherwise, the state treasurer shall return the application
35 with a written statement of how the application can be amended to
36 qualify.
37 (c) The state treasurer may accept the school district's proposed method
38 of and timetable for repaying the loan or may impose reasonable alterna-
39 tive or substitute methods of and timetables for repayment consistent with
40 this subsection, which alternative or substitute methods shall be binding
41 on the school district. At a minimum, the school district shall be
42 required to repay in each fiscal year succeeding the year of the loan an
43 amount no less than the lottery proceeds that the school district would
44 otherwise receive for that fiscal year and additional foundation support
45 moneys, if any, accruing as a result of an initial overestimation of state
46 average daily attendance support units and later distribution of residual
47 amounts resulting from fewer support units than originally estimated. The
48 loan shall provide for the school safety and health revolving loan fund,
49 or the budget stabilization fund, to the extent that it was the source of
50 the loan, to intercept the lottery proceeds that would otherwise go to the
51 district until the loan is fully repaid. In addition, the state treasurer
52 may impose reasonable fiscal conditions on the district during the term of
53 loan repayment including, but not limited to, restrictions in use of
54 otherwise unrestricted district moneys to assist in repayment of the loan
55 or in abatement of unsafe or unhealthy conditions, the declaration of a
5
1 financial emergency during some or all of the term of repayment of the
2 loan, or interception by the school safety and health revolving loan fund
3 of a portion of the state foundation program payments under chapter 10,
4 title 33, Idaho Code, that would otherwise go to the district to repay the
5 loan. The initial term of the loan shall not exceed ten (10) years, but
6 may be extended in the state treasurer's discretion for another ten (10)
7 years.
8 (d) If a loan is approved, the state treasurer shall establish a line of
9 credit for the school district and monthly reimburse the school district
10 for costs incurred to abate the unsafe or unhealthy conditions identified
11 as the reason for the loan. The state treasurer may prescribe forms and
12 procedures for administration of this line of credit.
13 (e) A school district may repay its loan or any portion of its loan in
14 advance at any time without penalty.
15 (4) Interest. Loans to school districts under this section shall bear
16 interest at the average rate of interest that would be available to the state
17 treasury were the loan funds retained in the state treasury, as determined by
18 the state treasurer.
19 (5) Certification of loan funds spent. If a district obtains a loan pur-
20 suant to this section, the board of trustees shall certify the total expendi-
21 tures of loaned funds that were actually spent to abate unsafe and unhealthy
22 conditions.
23 (6) Excess funds. If any funds loaned pursuant to this section were not
24 spent on abatement of unsafe and unhealthy conditions, they must be returned
25 to the school safety and health loan fund or the budget stabilization fund, as
26 the case may be. This subsection shall be judicially enforceable by the state
27 treasurer, and any amounts due for repayment under this subsection may be
28 recovered by offset from state foundation program moneys that would otherwise
29 be paid to the school district.
30 (7) Procedures. The state treasurer may prescribe forms for applying for
31 a loan under this section. No actions taken under this section are contested
32 cases or rulemaking subject to chapter 52, title 67, Idaho Code, and none of
33 the contested case or rulemaking procedures of chapter 52, title 67, Idaho
34 Code, apply to actions taken under this section.
35 (8) Investment of idle funds. The state treasurer shall invest idle
36 moneys in the fund. All interest on such investments shall be deposited in the
37 fund.
38 SECTION 3. An emergency existing therefor, which emergency is hereby
39 declared to exist, this act shall be in full force and effect on and after its
40 passage and approval, and retroactively to January 1, 2000; provided however,
41 this act shall not apply to any expenditure of lottery moneys during the
42 1999-2000 school year that were legally encumbered before the time of passage
43 and approval of this act.
STATEMENT OF PURPOSE
RS 10334
The purpose of this bill is to require each school district
to identify and abate unsafe and unhealthy conditions in the
school district and to create a school safety and health
revolving loan fund from which school districts may borrow
funds from the state of Idaho to abate unsafe or unhealthy
conditions in schools.
FISCAL IMPACT
The request for start-up of this loan fund is $20,000,000. The
state treasurer is not seeking additional staff to administer
the loan fund.
Contact
Name: Sen. Darrel Diede
Rep. Lawerence Denney
Phone: 208-332-1000
Mike Gilmore, Attorney General's Office
Phone: 208-334-4130
STATEMENT OF PURPOSE/FISCAL NOTE H 793