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H0278aa.............................................by REVENUE AND TAXATION
SCHOOLS - SAFE/HEALTHY - Adds to existing law to provide a statutory
mechanism for school districts to abate unsafe conditions in facilities by
using lottery moneys, by levying up to the school district's statutory
maximum, or by getting a judicial confirmation for a health and safety
levy.
02/18 House intro - 1st rdg - to printing
02/19 Rpt prt - to Rev/Tax
02/24 Rpt out - rec d/p - to 2nd rdg
02/25 2nd rdg - to 3rd rdg
03/02 Ret'd to Rev/Tax
03/04 Rpt out - to Gen Ord
03/04 Rpt out amen - to engros
03/05 Rpt engros - 1st rdg - to 2nd rdg as amen
03/08 2nd rdg - to 3rd rdg as amen
03/10 3rd rdg as amen - PASSED - 35-34-1
AYES -- Alltus, Barraclough(Barraclough), Bieter, Black, Bruneel,
Campbell, Crow, Deal, Denney, Field(13), Field(20), Gagner, Gould,
Hadley, Hansen(29), Henbest, Jones, Kellogg, Kempton, Kendell, Kunz,
Lake, Limbaugh, Mader, Montgomery, Pischner, Robison, Sellman, Smith,
Stone, Tilman, Tippets, Williams, Zimmermann, Mr Speaker
NAYS -- Barrett, Bell, Boe, Callister, Chase, Clark, Cuddy,
Ellsworth, Geddes, Hammond, Hansen(23), Hornbeck, Jaquet, Judd,
Linford, Loertscher, Marley, McKague, Mortensen, Moyle, Pomeroy,
Reynolds, Ridinger, Ringo, Sali, Schaefer, Smylie, Stevenson,
Stoicheff, Taylor, Trail, Watson, Wheeler, Wood
Absent and excused -- Meyer
Floor Sponsor - Bruneel
Title apvd - Hld for reconsideration
03/10 Reconsidered - FAILED - 34-34-2
AYES -- Alltus, Barraclough(Barraclough), Bieter, Black, Bruneel,
Campbell, Deal, Denney, Field(13), Field(20), Gagner, Hadley,
Hansen(29), Jones, Kellogg, Kempton, Kendell, Kunz, Lake, Limbaugh,
Mader, Montgomery, Pischner, Ridinger, Robison, Sellman, Smith,
Smylie, Stone, Tilman, Tippets, Williams, Zimmermann, Mr Speaker
NAYS -- Barrett, Bell, Boe, Callister, Chase, Clark, Crow, Cuddy,
Ellsworth, Gould, Hammond, Hansen(23), Henbest, Hornbeck, Jaquet,
Judd, Linford, Loertscher, Marley, McKague, Mortensen, Moyle,
Pomeroy, Reynolds, Ringo, Sali, Schaefer, Stevenson, Stoicheff,
Taylor, Trail, Watson, Wheeler, Wood
Absent and excused -- Geddes, Meyer
Filed with Chief Clerk
H0278|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 278, As Amended BY REVENUE AND TAXATION 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, REQUIRING ABATEMENT OF 4 UNSAFE AND UNHEALTHY CONDITIONS IN FACILITIES IN PUBLIC SCHOOLS AND PRO- 5 VIDING MECHANISMS FOR DOING SO; AMENDING CHAPTER 8, TITLE 33, IDAHO CODE, 6 BY THE ADDITION OF A NEW SECTION 33-808, IDAHO CODE, CREATING A HEALTH AND 7 SAFETY LEVY AND PROVIDING FOR LEGAL NOTICE AND HEARING AND, IF NECESSARY, 8 JUDICIAL CONFIRMATION BEFORE IMPOSITION OF SUCH A LEVY; DECLARING AN EMER- 9 GENCY, PROVIDING RETROACTIVE APPLICATION AND PROVIDING THE EFFECT ON CER- 10 TAIN LOTTERY MONEYS. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Chapter 16, Title 33, Idaho Code, be, and the same is 13 hereby amended by the addition thereto of a NEW SECTION , to be 14 known and designated as Section 33-1613, Idaho Code, and to read as follows: 15 33-1613. SAFE FACILITIES REQUIRED. (1) Inspection of Facilities. It is 16 the duty of the board of trustees of every school district at least once in 17 every school year to require an independent inspection of the district's 18 school facilities to determine whether those school facilities comply with the 19 health and safety standards made applicable to the district by statute or by 20 rule of the state board of education. The inspection of facilities shall be 21 done pursuant to section 39-4130, Idaho Code, or pursuant to any alternative 22 comparable or more demanding inspection of facilities authorized by rule of 23 the state board of education. The results of the inspection of facilities 24 shall be presented to the board of trustees for their review and consider- 25 ation. 26 (2) Abatement and Reporting. The board of trustees shall, in their sole 27 discretion, accept or reject the results of the inspection of facilities in 28 whole or in part and in so doing shall identify any unsafe or unhealthy condi- 29 tions in facilities in the district. The board of trustees shall require that 30 the unsafe or unhealthy conditions of facilities be abated and shall instruct 31 the district's personnel to take necessary steps to abate unsafe or unhealthy 32 conditions in facilities. The board of trustees must issue a report in the 33 same school year in which the inspections are made declaring whether any 34 unsafe or unhealthy conditions in facilities identified have not been abated. 35 The state board of education may, by rule, provide for uniform reporting of 36 unsafe and unhealthy conditions in facilities and for uniform reporting of 37 abatement or absence of abatement of unsafe and unhealthy conditions in facil- 38 ities. 39 (3) Abatement. If the school district can abate all unsafe or unhealthy 40 conditions in facilities identified with the funds available to the district, 41 it shall do so, and it need not separately account for the costs of abatement 42 nor segregate funds expended for abatement. If the school district cannot 43 abate all unsafe or unhealthy conditions in facilities identified with the 2 1 funds available to the district, the board of trustees shall direct that a 2 plan of abatement be prepared. The plan of abatement shall provide a timetable 3 not to extend beyond the following school year for abatement of unsafe and 4 unhealthy conditions in facilities identified. The district shall immediately 5 begin to implement its plan of abatement and must separately account for its 6 costs of abatement of unsafe or unhealthy conditions in facilities and sepa- 7 rately segregate funds for the abatement of unsafe or unhealthy conditions in 8 facilities as required by subsection (4) of this section. 9 (4) Special Provisions for Implementation of Plan of Abatement. 10 (a) Notwithstanding any other provisions of law concerning expenditure of 11 lottery moneys distributed to the school district, all lottery moneys pro- 12 vided to the school district for the school year in which the school dis- 13 trict was unable to abate unsafe or unhealthy conditions in facilities 14 identified and all lottery moneys for the following school year shall be 15 segregated and expended exclusively for the abatement of unsafe and 16 unhealthy conditions in facilities identified until such time as all of 17 the unhealthy and unsafe conditions in facilities identified are abated. 18 (b) If the lottery moneys referred to in paragraph (a) of this subsection 19 will, in the board of trustees' estimation, be insufficient to abate the 20 unsafe and unhealthy conditions in facilities identified, the plan of 21 abatement shall identify additional sources of funds to complete the 22 abatement of the unsafe and unhealthy conditions in facilities. The board 23 of trustees may choose from among the following sources, or from other 24 sources of its own identification, but the plan of abatement must identify 25 sufficient sources for abatement. 26 (i) If the school district has any funds for that school year that 27 have not been legally committed to other uses, the school district 28 must first apply the funds not legally committed to other uses to 29 abatement of the unsafe or unhealthy facilities' conditions identi- 30 fied. 31 (ii) If the school district is not levying under chapter 8, title 32 33, Idaho Code, at the maximum levies allowed by law for levies that 33 may be imposed by the board of trustees without an election, the 34 board of trustees may increase any of those levies as allowed by law 35 for the school year following the school year in which it was unable 36 to abate unsafe or unhealthy conditions in facilities identified. 37 (iii) If the school district is levying under chapter 8, title 33, 38 Idaho Code, at the maximum levies allowed by law for levies that may 39 be imposed by the board of trustees without an election; or, if after 40 increasing those levies to the maximum levies allowed by law for 41 levies that may be imposed by the board of trustees without an elec- 42 tion, there will still be insufficient funds to abate unsafe or 43 unhealthy conditions in facilities identified, the school district 44 may, after giving notice and conducting a hearing, impose a safety 45 and health levy as provided in section 33-808, Idaho Code. The hear- 46 ing shall consider whether the plan of abatement sets forth an effi- 47 cient method of abating the unsafe and unhealthy conditions in facil- 48 ities identified and whether or to what extent the district must 49 resort to a safety and health levy to abate the unsafe and unhealthy 50 conditions identified in facilities. 51 (c) All moneys raised and spent for abatement under this subsection shall 52 be separately accounted for and documented. All moneys raised pursuant to 53 a safety and health levy shall be applied exclusively to abatement of 54 unsafe or unhealthy conditions in facilities identified in the previous 55 school year or the current school year during which the levy is in place, 3 1 and any moneys raised in excess of the amounts actually spent to abate 2 unsafe or unhealthy conditions in facilities identified shall not be 3 otherwise expended in that school year, but shall be retained by the 4 school district and used to reduce the maintenance and operations levy for 5 the following year in the amount of the unexpended safety and health levy. 6 SECTION 2. That Chapter 8, Title 33, Idaho Code, be, and the same is 7 hereby amended by the addition thereto of a NEW SECTION , to be 8 known and designated as Section 33-808, Idaho Code, and to read as follows: 9 33-808. SAFETY AND HEALTH LEVY. (1) Safety and Health Levy Created. In 10 addition to the levies otherwise established by law, there is hereby estab- 11 lished a safety and health levy. A school district may impose a safety and 12 health levy when authorized by section 33-1613, Idaho Code. 13 (2) Notice and Hearing. No school district may adopt a safety and health 14 levy without giving legal notice pursuant to chapter 1, title 60, Idaho Code, 15 at least thirty (30) days in advance of its intention to hold a hearing to 16 consider whether the plan of abatement sets forth an efficient method of abat- 17 ing the unsafe and unhealthy conditions in facilities identified and whether, 18 or to what extent, the district must resort to a safety and health levy to 19 abate the unsafe and unhealthy conditions in facilities identified. 20 (3) Maximum Levy -- Judicial Confirmation. The maximum safety and health 21 levy shall be twenty-five ten-thousandths (.00025); provided, that when a 22 school district will not be able to abate the unsafe or unhealthy conditions 23 in facilities described in section 33-1613, Idaho Code, with a safety and 24 health levy of twenty-five ten-thousandths (.00025), but must levy a larger 25 amount to abate the unsafe or unhealthy conditions in facilities, the school 26 district may petition the district court pursuant to the procedures of chapter 27 13, title 7, Idaho Code, for a judicial confirmation of the necessity for 28 levying the larger amount. In considering a petition for a judicial confirma- 29 tion under this section, the district court shall proceed as provided in chap- 30 ter 13, title 7, Idaho Code, except that the substantive issues to be decided 31 shall be whether unsafe or unhealthy conditions in facilities exist in the 32 school district, whether the plan of abatement sets forth an efficient method 33 of abating the unsafe and unhealthy conditions in facilities identified, and 34 whether the school district is eligible to impose a safety and health levy 35 under this section and under section 33-1613, Idaho Code, in the larger amount 36 because that larger amount is necessary to abate the unsafe and unhealthy con- 37 ditions in facilities. The issues of fact in the judicial confirmation shall 38 be decided by a preponderance of evidence. 39 (4) Term of Levy. The term of the safety and health levy authorized by 40 this section is one (1) year. 41 SECTION 3. An emergency existing therefor, which emergency is hereby 42 declared to exist, this act shall be in full force and effect on and after its 43 passage and approval, and retroactively to January 1, 1999. Provided however, 44 this act shall not apply to any expenditure of lottery moneys during the 45 1998-1999 school year that were legally encumbered before the time of the pas- 46 sage and approval of this act.
AH0278|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999Moved by Bruneel Seconded by Taylor IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENTS TO H.B. NO. 278 1 AMENDMENTS TO SECTION 1 2 On page 1 of the printed bill, delete line 15 and insert: "33-1613. SAFE 3 FACILITIES REQUIRED. (1) Inspection of Facilities."; in line 20, following 4 "inspection" insert: "of facilities"; in line 22, following "inspection" 5 insert: "of facilities"; in line 23, following "inspection" insert: "of facil- 6 ities"; in line 26, following "inspection" insert: "of facilities"; in line 7 27, following "conditions" insert: "in facilities"; in line 29, following 8 "tions" insert: "of facilities"; in line 30, following "conditions" insert: 9 "in facilities"; in line 32, following "conditions" insert: "in facilities"; 10 in line 34 following "conditions" insert: "in facilities"; in line 35, follow- 11 ing "conditions" insert: "in facilities"; in line 37, following "conditions" 12 insert: "in facilities"; in line 40, following "conditions" insert: "in facil- 13 ities"; in line 43, following "conditions" insert: "in facilities". 14 On page 2, in line 3, following "conditions" insert: "in facilities"; in 15 line 4, following "conditions" insert: "in facilities"; in line 9, following 16 "conditions" insert: "in facilities"; in line 11, following "conditions" 17 insert: "in facilities"; in line 12, following "conditions" insert: "in facil- 18 ities"; in line 16, following "conditions" insert: "in facilities"; in line 19 18, following "conditions" insert: "in facilities"; following line 21, insert: 20 "(i) If the school district has any funds for that school year that 21 have not been legally committed to other uses, the school district 22 must first apply the funds not legally committed to other uses to 23 abatement of the unsafe or unhealthy facilities' conditions identi- 24 fied."; 25 in line 22, delete "(i)" and insert: "(ii)"; in line 27, following 26 "conditions" insert: "in facilities"; in line 28, delete "(ii)" and insert: 27 "(iii)"; in line 34, following "conditions" insert: "in facilities"; in line 28 38, following "conditions" insert: "in facilities"; in line 40, following 29 "identified" insert: "in facilities"; in line 44, following "conditions" 30 insert: "in facilities"; and in line 47, following "conditions" insert: "in 31 facilities". 32 AMENDMENTS TO SECTION 2 33 On page 3, in line 9, following "conditions" insert: "in facilities"; in 34 line 11, following "conditions" insert: "in facilities"; in line 14, following 35 "conditions" insert: "in facilities"; in line 17, following "conditions" 36 insert: "in facilities"; in line 23, following "conditions" insert: "in facil- 37 ities"; in line 25, following "tions" insert: "in facilities"; and in line 28, 38 following "conditions" insert: "in facilities". 39 CORRECTION TO TITLE 40 On page 1, in line 4, following "CONDITIONS" insert: "IN FACILITIES".
STATEMENT OE PURPOSE
RS 09094
The purpose of this bill is to provide an additional method by
which unsafe conditions in a public school will be abated. When
a school district has unsafe conditions in any of its schools,
it is the district's obligation to abate those conditions. If
the district can abate unsafe conditions from its existing
revenues, it may do so without resorting to any of the
procedures of this bill. Otherwise, the district (1) must apply
all of its lottery monies to abate unsafe conditions, (2) must
apply any increased levies that it may levy up to its statutory
maximum to abate unsafe conditions, and (3) after public notice
and hearing, and judicial confirmation, if necessary, may levy a
health and safety levy. The school district must apply all the
proceeds of the health and safety levy to abatement of unsafe
conditions; those not necessary must be returned to the property
owners through a lowered maintenance and operations levy the
following year.
This bill is intended to give school districts a method
of financing abatement of unsafe conditions that will satisfy
the requirements of the decision of the Supreme Court of Idaho
in Idaho Schools for Equal Educational Opportunity v. State,
1998
Opinion
No. 131, issued December 30, 1998.
FISCAL NOTE
This bill has no fiscal impact on the State treasury. The impact
on local school districts will vary with facility conditions.
CONTACT: SENATOR DIEDE 332-1345
SENATOR TWIGGS 332-1300
STATEMENT OE PURPOSE/FISCAL NOTE Bill No. H 278