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H0310aaS.......................................................by EDUCATION
CHARTER SCHOOLS - Amends existing law to clarify provisions of public
charter school law relating to accreditation status, exemption from payment
of sales and use tax, qualifications of students for attendance at charter
alternative schools, date on which unused charter school allotments are
available for random assignment, computing per student financial support,
and provisions of state rules from which there is no exemption.
02/26 House intro - 1st rdg - to printing
03/01 Rpt prt - to Educ
03/02 Rpt out - rec d/p - to 2nd rdg
03/03 2nd rdg - to 3rd rdg
03/05 3rd rdg - PASSED - 58-6-6
AYES -- Alltus, Barraclough, Barrett, Bieter, Black, Bruneel,
Callister, Clark, Cuddy, Deal, Denney, Ellsworth, Field(13),
Field(20), Gagner, Geddes, Gould, Hadley, Hammond, Hansen(23),
Henbest, Hornbeck, Jaquet, Kellogg, Kendell, Kunz, Lake, Limbaugh,
Linford, Loertscher, Mader, McKague, Meyer, Montgomery, Mortensen,
Moyle, Pischner, Pomeroy, Reynolds, Ringo, Robison, Sali, Schaefer,
Sellman, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman,
Tippets, Trail, Watson, Wheeler, Williams, Zimmermann, Mr Speaker
NAYS -- Boe, Campbell, Chase, Judd, Kempton, Marley
Absent and excused -- Bell, Crow, Hansen(29), Jones, Ridinger, Wood
Floor Sponsor - Hammond, Smith
Title apvd - to Senate
03/08 Senate intro - 1st rdg - to Educ
03/11 To 14th Ord
Rpt out amen - to 1st rdg as amen
03/12 1st rdg - to 2nd rdg as amen
03/15 2nd rdg - to 3rd rdg as amen
03/15 Rules susp - PASSED - 27-3-5
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Geddes, Ingram, Ipsen,
Keough, King, Lee, Noh, Richardson, Riggs, Risch, Sandy, Schroeder,
Sorensen, Stegner, Thorne, Wheeler
NAYS--McLaughlin, Stennett, Whitworth
Absent and excused--Dunklin, Frasure, Hawkins, Parry, Twiggs
Floor Sponsor - Deide
Title apvd - to House
03/16 House concurred in Senate amens - to engros
03/17 Rpt engros - 1st rdg - to 2nd rdg as amen
2nd rdg - to 3rd rdg as amen
Rules susp - PASSED - 62-2-6
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Callister, Campbell, Clark, Crow, Cuddy, Deal, Denney,
Ellsworth, Field(20), Gagner, Geddes, Gould, Hadley, Hammond,
Hansen(23), Hansen(29), Hornbeck, Jaquet, Jones, Judd, Kellogg,
Kempton, Kendell, Kunz, Lake, Linford, Loertscher, Mader, McKague,
Meyer(Duncan), Mortensen, Moyle, Pischner, Pomeroy, Reynolds,
Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Smith, Smylie,
Stevenson, Stoicheff, Stone, Taylor, Tilman, Tippets, Trail, Watson,
Wheeler, Williams, Mr Speaker
NAYS -- Chase, Marley
Absent and excused -- Field(13), Henbest, Limbaugh, Montgomery, Wood,
Zimmermann
Floor Sponsor - Hammond, Smith
Title apvd - to enrol
03/19 Rpt enrol - Sp signed - Pres signed
03/23 To Governor
03/24 Governor signed
Session Law Chapter 244
Effective: 01/01/99
H0310|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 310, As Amended in the Senate BY EDUCATION COMMITTEE 1 AN ACT 2 RELATING TO PUBLIC CHARTER SCHOOLS; AMENDING SECTION 33-5203, IDAHO CODE, TO 3 PROVIDE THAT THE DATE FOR CALCULATING UNUSED ALLOTMENTS SHALL BE JUNE 4 FIRST OF EACH YEAR RATHER THAN OCTOBER FIRST; AMENDING SECTION 33-5204, 5 IDAHO CODE, TO CLARIFY THAT SALES TO OR PURCHASES BY A PUBLIC CHARTER 6 SCHOOL ARE EXEMPT FROM SALES OR USE TAXES; AMENDING SECTION 33-5205, IDAHO 7 CODE, TO PROVIDE THAT A PETITION FOR A CHARTER SCHOOL SHALL CONTAIN A PRO- 8 VISION WHICH ENSURES THE CHARTER SCHOOL SHALL BE ACCREDITED AND A PROVI- 9 SION WHICH DESCRIBES THE MANNER IN WHICH ELIGIBLE CHARTER SCHOOL STUDENTS 10 SHALL BE ALLOWED TO PARTICIPATE IN NONCHARTER SCHOOLS PURSUANT TO DUAL 11 ENROLLMENT PROVISIONS OF LAW; AMENDING SECTION 33-5206, IDAHO CODE, TO 12 PROVIDE THAT A CHARTER SCHOOL'S ANNUAL REPORT TO ITS SPONSORING ENTITY 13 SHALL INCLUDE A COPY OF THE SCHOOL'S ACCREDITATION REPORT; AMENDING SEC- 14 TION 33-5208, IDAHO CODE, TO CLARIFY COMPUTATION OF PER STUDENT FINANCIAL 15 SUPPORT AND TO CLARIFY STUDENT QUALIFICATIONS FOR ATTENDANCE AT CHARTER 16 ALTERNATIVE SCHOOLS; AMENDING SECTION 33-5210, IDAHO CODE, TO PROVIDE 17 THAT CHARTER SCHOOLS SHALL BE SUBJECT TO STATE BOARD OF EDUCATION RULES 18 RELATING TO SCHOOL ACCREDITATION STANDARDS AND QUALIFICATION OF STUDENTS 19 FOR ATTENDANCE AT CHARTER ALTERNATIVE SCHOOLS; AMENDING SECTION 63-3622O, 20 IDAHO CODE, TO INCLUDE PUBLIC CHARTER SCHOOLS WITHIN THE STATE TAX 21 COMMISSION'S DEFINITION OF AN EDUCATIONAL INSTITUTION FOR PURPOSES OF 22 SALES TAX LAW AND TO MAKE TECHNICAL CORRECTIONS; DECLARING AN EMERGENCY 23 AND PROVIDING A RETROACTIVE EFFECTIVE DATE. 24 Be It Enacted by the Legislature of the State of Idaho: 25 SECTION 1. That Section 33-5203, Idaho Code, be, and the same is hereby 26 amended to read as follows: 27 33-5203. AUTHORIZATION -- LIMITATIONS. (1) The creation of public charter 28 schools is hereby authorized. Charter schools shall be part of the state's 29 program of public education. 30 (2) It is the intent of the legislature that the number of charter 31 schools which may be approved in each of the first five (5) years after the 32 effective date of this act be limited in number and geographic distribution in 33 accordance with the following: 34 (a) Not more than sixty (60) schools may be approved in the first five 35 (5) years after the effective date of this act, and 36 (b) Not more than twelve (12) schools may be approved in any one (1) 37 year, and 38 (c) Not more than two (2) charters per year may be granted within an edu- 39 cational classification region as established by the state board of educa- 40 tion, and 41 (d) Not more than one (1) charter may be granted for any one (1) school 42 district in a year, and 43 (e) No whole school district may be converted to a charter district or 2 1 any configuration which includes all schools as charter schools. 2 The legislature further finds that, notwithstanding the limitations of this 3 subsection (2), if fewer than twelve (12) charters are approved byOcto-4berJune 1 of a year, the unused allotments shall be 5 assigned to a statewide pool for use by other requesting districts. Distribu- 6 tions from the pool shall be made by random drawing. 7 (3) A charter school may be formed by creating a new school or converting 8 an existing public school to charter status. No charter shall be granted under 9 this chapter which authorizes the conversion of any private or parochial 10 school to a charter school. No charter shall be granted to or operated by a 11 for-profit entity. 12 SECTION 2. That Section 33-5204, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 33-5204. NONPROFIT CORPORATION -- LIABILITY -- INSURANCE. (1) A charter 15 school shall be organized and managed under the Idaho nonprofit corporation 16 act. The board of directors of a charter school shall be deemed public agents 17 authorized by a public school district or the state board of education to con- 18 trol the charter school. A charter school shall be considered a public school 19 for all purposes. For the purposes of section 59-1302(15), Idaho Code, a 20 charter school created pursuant to this chapter shall be deemed a governmental 21 entity. Pursuant to the provisions of section 63-3622O, Idaho Code, 22 sales to or purchases by a public charter school are exempt from payment of 23 the sales and use tax. 24 (2) A charter school may sue or be sued, purchase, receive, hold and con- 25 vey real and personal property for school purposes, and borrow money for such 26 purposes, to the same extent and on the same conditions as a public school 27 district, and its employees, directors and officers shall enjoy the same immu- 28 nities as employees, directors and officers of public school districts and 29 other public schools. The approving authority of a charter school shall have 30 no liability for the acts, omissions, debts or other obligations of a charter 31 school, except as may be provided in an agreement or contract with such 32 charter school. 33 (3) Charter schools shall secure insurance for liability and property 34 loss. 35 SECTION 3. That Section 33-5205, Idaho Code, be, and the same is hereby 36 amended to read as follows: 37 33-5205. PETITION TO ESTABLISH CHARTER SCHOOL. (1) Any person may request 38 the board of trustees of a school district to establish a charter school, or 39 to convert an existing school within the school district to charter status. A 40 petition to convert an existing school shall be submitted to the board of 41 trustees of the district for review after the petition has been signed by not 42 less than sixty percent (60%) of the teachers currently employed by the school 43 district at the school to be converted, and by one (1) or more parents or 44 guardians of not less than sixty percent (60%) of the students currently 45 attending the school to be converted. A petition to establish a new charter 46 school shall be submitted to the board of trustees of the district for review 47 after the petition has been signed by not less than thirty (30) qualified 48 electors of the district. 49 (2) Not later than thirty (30) days after receiving a petition signed in 50 accordance with the specifications in subsection (1) of this section, the 51 board of trustees shall hold a meeting open to the public for the purpose of 3 1 discussing the provisions of the charter, at which time the board shall con- 2 sider the merits of the petition and the level of employee and parental sup- 3 port for the petition. Following review of the petition and the public hear- 4 ing, the board of trustees shall either grant or deny the charter within sixty 5 (60) days of receipt of the petition, provided however, that the date may be 6 extended by an additional sixty (60) days if the petition fails to meet the 7 signature requirements or fails to contain all of the information required in 8 this section, or if both parties agree to the extension. 9 (3) A board of trustees may grant a charter for operation of a school 10 under the provisions of this chapter if it determines that the petition con- 11 tains the number of signatures required, a statement of each of the conditions 12 described in subsection (4) of this section, and descriptions of all of the 13 following: 14 (a) The educational program of the charter school, designed among other 15 things, to identify what it means to be an "educated person" in the 16 twenty-first century, and how learning best occurs. The goals identified 17 in the program shall include how all educational thoroughness standards as 18 defined in section 33-1612, Idaho Code, shall be fulfilled. 19 (b) The measurable student educational standards identified for use by 20 the charter school. "Student educational standards" for the purpose of 21 this chapter means the extent to which all students of the charter school 22 demonstrate they have attained the skills and knowledge specified as goals 23 in the school's educational program. 24 (c) The method by which student progress in meeting those student educa- 25 tional standards is to be measured. 26 (d) A provision by which students of the charter school will be tested 27 with the same standardized tests as other Idaho public school students. 28 (e) A provision which ensures that the charter school shall be 29 state accredited as provided by rule of the state board of education. 30 31 (f) The governance structure of the charter school includ- 32 ing, but not limited to, the person or entity who shall be legally 33 accountable for the operation of the school, and the process to be fol- 34 lowed by the charter school to ensure parental involvement. 35 (fg ) The qualifications to be met by individu- 36 als employed by the charter school. Instructional staff shall be certified 37 teachers, or may apply for a waiver or any of the limited certification 38 options as provided by rule of the state board of education. 39 (gh ) The procedures that the charter school 40 will follow to ensure the health and safety of students and staff. 41 (hi ) Admission procedures, including provision 42 for overenrollment which specifies admission will be determined by lottery 43 or other random method. 44 (ij ) The manner in which an annual audit of the 45 financial and programmatic operations of the charter school is to be con- 46 ducted. 47 (jk ) The procedures by which students can be 48 suspended, expelled and reenrolled. 49 (kl ) A provision which ensures all staff mem- 50 bers of the charter school will be covered by the public employee retire- 51 ment system, federal social security, unemployment insurance and worker's 52 compensation insurance. 53 (lm ) The public school attendance alternative 54 for students residing within the school district who choose not to attend 55 the charter school. 4 1 (mn ) A description of the transfer rights of 2 any employee choosing to work in a charter school and the rights of such 3 employees to return to any noncharter school in the school district after 4 employment at a charter school. 5 (no ) A provision which ensures that the staff 6 of the charter school shall be considered a separate unit for purposes of 7 collective bargaining. 8 (op ) The procedures to be followed by the 9 charter school and the entity granting the charter to resolve disputes 10 relating to provisions of the charter. 11 (pq ) The manner by which special education ser- 12 vices will be provided to students with disabilities who are eligible pur- 13 suant to the federal individuals with disabilities education act. 14 (r) The manner by which eligible students from the charter school 15 shall be allowed to participate in dual enrollment in noncharter schools 16 within the district as provided for in chapter 2, title 33, Idaho Code. 17 18 (4) The petitioner shall provide information regarding the proposed oper- 19 ation and potential effects of the school including, but not limited to, the 20 facilities to be utilized by the school, the manner in which administrative 21 services of the school are to be provided and the potential civil liability 22 effects upon the school and upon the district. 23 SECTION 4. That Section 33-5206, Idaho Code, be, and the same is hereby 24 amended to read as follows: 25 33-5206. REQUIREMENTS AND PROHIBITIONS UPON APPROVAL OF A CHARTER SCHOOL. 26 (1) In addition to any other requirements imposed in this chapter, a charter 27 school shall be nonsectarian in its programs, affiliations, admission poli- 28 cies, employment practices, and all other operations, shall not charge 29 tuition, levy taxes or issue bonds, and shall not discriminate against any 30 student on any basis prohibited by the federal or state constitutions or any 31 federal, state or local law. Admission to a charter school shall not be deter- 32 mined according to the place of residence of the student, or of the student's 33 parent or guardian within the district, except that a charter school estab- 34 lished under the provisions of this chapter shall adopt and maintain a policy 35 giving admission preference to students who reside within the attendance area 36 of that school. 37 (2) No board of trustees shall require any employee of the school dis- 38 trict to be involuntarily assigned to work in a charter school. 39 (3) Certified teachers in a charter school shall be considered public 40 school teachers. Educational experience shall accrue for service in a charter 41 school and such experience shall be counted by any school district to which 42 the teacher returns after employment in a charter school. 43 (4) No board of trustees shall require any student enrolled in the school 44 district to attend a charter school. 45 (5) Upon approval of the petition by the board of trustees, the peti- 46 tioner shall provide written notice of that approval, including a copy of the 47 petition, to the state board of education. For the purpose of implementing the 48 provisions of section 33-5203(2), Idaho Code, the state board of education 49 shall assign a number to each petition it receives. Petitions shall be num- 50 bered based on the chronological order in which notice of the approved peti- 51 tion is received by the state board of education. 52 (6) Each charter school shall annually submit a report to the local board 53 of trustees which approved its charter. In the case of a new charter school 5 1 whose charter was granted by the state board of education pursuant to section 2 33-5207, Idaho Code, the annual report shall be submitted to the state board 3 of education. The report shall contain the audit of the fiscal and 4 programmatic operations as required in section 33-5205(3)(i5 j ), Idaho Code,as well asa report on student progress 6 based on the charter school's student educational standards identified in sec- 7 tion 33-5205(3)(b), Idaho Code , and a copy of the charter school's 8 accreditation report . 9 SECTION 5. That Section 33-5208, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 33-5208. CHARTER SCHOOL FINANCIAL SUPPORT. From the state educational 12 support program the state department of education shall make the following 13 apportionment to each charter school for each fiscal year based on attendance 14 figures submitted in a manner and time as required by the department of educa- 15 tion: 16 (1) Per student support. Computation of support units for each charter 17 school shall be calculated as if it were a separate school 18 according to the schedules in section 33-1002 6., Idaho Code , except 19 that charter schools with fewer than one hundred (100) secondary ADA shall use 20 a divisor of twelve (12) and the minimum units shall not apply . Funding 21 from the state educational support program shall be equal to the total distri- 22 bution factor, plus the salary-based apportionment provided in chapter 10, 23 title 33, Idaho Code. 24 (2) Special education. For each student enrolled in the charter school 25 who is entitled to special education services, the state and federal funds 26 from the exceptional child education program for that student that would have 27 been apportioned for that student to the school district in which the charter 28 school is located. 29 (3) Alternative school support. Charter schools may qualify under the 30 provisions of sections 33-1002 and 33-1002C, Idaho Code, provided the charter 31 school meets the necessary statutory requirements , and students qualify 32 for attendance at an alternative school as provided by rule of the state board 33 of education . 34 (4) Transportation support. Support shall be paid to the charter school 35 as provided in chapter 15, title 33, Idaho Code, and section 33-1006, Idaho 36 Code. Each charter school shall furnish the department with an enrollment 37 count as of the first Friday in November, of charter school students living 38 more than one and one-half (1 1/2) miles from the school. 39 (5) Payment schedule. The state department of education is authorized to 40 make a one-time advance payment of twenty-five percent (25%) of a charter 41 school's estimated annual apportionment for its first year of operation to 42 assist the school with initial start-up costs. 43 (a) For a state charter school to receive the advance payment, the school 44 shall submit its anticipated fall membership for each grade level to the 45 state department of education by June 1. 46 (b) Using the figures provided by the school, the state department of 47 education shall determine an estimated annual apportionment from which the 48 amount of the advance payment shall be calculated. Advance payment shall 49 be made to the school on or after July 1 but no later than July 31. 50 (c) All subsequent payments, taking into account the one-time advance 51 payment made for the first year of operation, shall be made to the charter 52 school in the same manner as other public schools in accordance with the 53 provisions of section 33-1009, Idaho Code. 6 1 A charter school shall comply with all applicable fiscal requirements of law, 2 except that the following provisions shall not be applicable to charter 3 schools: section 33-1003B, Idaho Code, relating to guaranteed minimum support; 4 that portion of section 33-1004, Idaho Code, relating to reduction of the 5 instructional staff allowance when there is a discrepancy between the number 6 allowed and the number actually employed; and section 33-1004E, Idaho Code, 7 for calculation of district staff indices. 8 (6) Nothing in this chapter shall be construed to prohibit any private 9 person or organization from providing funding or other financial assistance to 10 the establishment or operation of a charter school. 11 (7) Nothing in this chapter shall prevent a charter school from applying 12 for federal grant moneys. 13 SECTION 6. That Section 33-5210, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 33-5210. APPLICATION OF SCHOOL LAW -- ACCOUNTABILITY -- EXEMPTION FROM 16 STATE RULES. (1) All public charter schools are under the general supervision 17 of the state board of education. 18 (2) The local board of trustees and the state board of education are 19 responsible to ensure that each charter school program approved by it meets 20 the terms of the charter, and operates in accordance with the state educa- 21 tional standards of thoroughness as defined in section 33-1612, Idaho Code. 22 (3) Each charter school is otherwise exempt from rules governing school 23 districts which have been promulgated by the state board of education or by 24 the superintendent of public instruction, with the exception of state rules 25 relating to : 26 (a) Wwaiver of teacher certification as neces- 27 sitated by the provisions of section 33-5205(3)(fg 28 ), Idaho Code ; 29 (b) Accreditation of the school as necessitated by the provisions of sec- 30 tion 33-5205(3)(e), Idaho Code; and 31 (c) Qualifications of a student for attendance at an alternative school 32 as necessitated by the provisions of section 33-5208(3), Idaho Code 33 . 34 SECTION 7. That Section 63-3622O, Idaho Code, be, and the same is hereby 35 amended to read as follows: 36 63-3622O. EXEMPT PRIVATE AND PUBLIC ORGANIZATIONS. (1) There are exempted 37 from the taxes imposed by this chapter: 38 (a) Sales to or purchases by hospitals, health-related entities, educa- 39 tional institutions,forest-protectiveforest protec- 40 tive associations and canal companies which are nonprofit organiza- 41 tions; and 42 (b) Donations to, sales to, and purchases by the Idaho Foodbank Ware- 43 house, Inc.; and 44 (c) Donations to, sales to, and purchases by food banks or soup kitchens 45 of food or other tangible personal property used by food banks or soup 46 kitchens in the growing, storage, preparation or service of food, but not 47 including licensed motor vehicles or trailers; and 48 (d) Sales of clothes to, donations of clothes to, and purchases of 49 clothes by nonsale clothiers; and 50 (e) Sales to or purchases by centers for independent living; and 51 (f) Sales to or purchases by the state of Idaho and its agencies and its 7 1 political subdivisions. 2 (2) As used in this section, these words shall have the following mean- 3 ings: 4 (a) "Educational institution" shall mean nonprofit colleges, universi- 5 ties, public charter schools organized pursuant to chapter 52, title 6 33, Idaho Code, and other primary and secondary schools, the income 7 of which is devoted solely to education and in which systematic instruc- 8 tion in the usual branches of learning is given. This definition does not 9 include schools primarily teaching business, dancing, dramatics, music, 10 cosmetology, writing, gymnastics, exercise and other special accomplish- 11 ments nor parent-teacher associations, parent groups, alumni or other aux- 12 iliary organizations with purposes related to the educational function of 13 an institution or collective group of institutions. 14 (b) "Hospital" shall include nonprofit institutions licensed by the state 15 for the care of ill persons. It shall not extend to nursing homes or simi- 16 lar institutions. 17 (c) "Health-related entities" shall mean the Idaho Cystic Fibrosis Foun- 18 dation, Idaho Epilepsy League, Idaho Lung Association, March of Dimes, 19 American Cancer Society, Mental Health Association, The Arc, Idaho Heart 20 Association, Idaho Ronald McDonald House, United Cerebral Palsy, Arthritis 21 Foundation, Muscular Dystrophy Foundation, National Multiple Sclerosis 22 Society, Rocky Mountain Kidney Association, American Diabetes Association, 23 Easter Seals, and Idaho Special Olympics, together with said entities' 24 local or regional chapters or divisions. 25 (d) "Canal companies" shall include nonprofit corporations which are 26 incorporated solely for the purpose of operating and maintaining and are 27 engaged solely in operation and maintenance of dams, reservoirs, canals, 28 lateral and drainage ditches, pumps or pumping plants. 29 (e) "Forest protective associations" shall mean associations whose pur- 30 pose is the furnishing, operating and maintaining of a protective system 31 for the detection, prevention and suppression of forest or range fires. 32 Forest protective associations shall include only those associations with 33 which the state of Idaho has contracted or become a member of pursuant to 34 chapter 1, title 38, Idaho Code. 35 (f) "Food banks or soup kitchens" shall mean any nonprofit corporation or 36 association, other than the Idaho Foodbank Warehouse, Inc., one of whose 37 regular activities is the furnishing or providing of food or food products 38 to others without charge. 39 (g) "Nonsale clothier" shall mean any nonprofit corporation or associa- 40 tion one of whose primary purposes is the furnishing or providing of 41 clothes to others without charge. 42 (h) "Clothes" shall mean garments in general, designed or intended to be 43 worn by humans and shall include footwear in addition to wearing apparel. 44 (i) "Center for independent living" shall mean a private, nonprofit, 45non-residentialnonresidential organization in 46 which at least fifty-one percent (51%) of the principal governing board, 47 management and staff are individuals with disabilities and that: 48 (i) Is designed and operated within a local community by individu- 49 als with disabilities; 50 (ii) Provides an array of independent living services and programs; 51 and 52 (iii) Is cross-disability. 53 (j) "Political subdivision" means: 54 (i) A governmental organization which: 55 1. Embraces a certain territory, 8 1 2. Is organized for public advantage and not in the interest of 2 private individuals or classes, 3 3. Has been delegated functions of government, and 4 4. Has the statutory power to levy taxes; or 5 (ii) A public health district created by section 39-408, Idaho 6 Code; or 7 (iii) A soil conservation district as defined in section 22-2717, 8 Idaho Code; or 9 (iv) A drainage district created pursuant to chapter 29, title 42, 10 Idaho Code; or 11 (v) An irrigation district created pursuant to title 43, Idaho 12 Code; or 13 (vi) A state grazing board created by section 57-1204, Idaho Code; 14 or 15 (vii) A water measurement district created pursuant to section 16 42-705 or 42-706, Idaho Code; or 17 (viii) A ground water management district created pursuant to chapter 18 51, title 42, Idaho Code. 19 (ix) An agency of the state of Idaho is an office or organization 20 created by the constitution or statutes of this state and constitut- 21 ing a component part of the executive, judicial or legislative branch 22 of the government of this state. 23 (3) The exemption granted by subsection (1)(f) of this section does not 24 include any association or other organization whose members are political sub- 25 divisions or state agencies unless the organization is expressly created under 26 the joint powers provision of sections 67-2328 through 67-2333, Idaho Code. 27 (4) The exemption granted by subsection (1)(f) of this section does not 28 include the use of tangible personal property by a contractor used to improve 29 real property of an exempt entity when such use is within the definition pro- 30 vided by section 63-3615(b), Idaho Code, whether the use tax liability is 31 included in a contract total or stated separately in a contract. 32 (5) There is exempted from the taxes imposed in this chapter, the renting 33 of a place to sleep to an individual by the Idaho Ronald McDonald House. 34 SECTION 8. An emergency existing therefor, which emergency is hereby 35 declared to exist, this act shall be in full force and effect on and after its 36 passage and approval, and retroactively to January 1, 1999.
AH0310|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999Moved by Deide Seconded by Riggs IN THE SENATE SENATE AMENDMENT TO H.B. NO. 310 1 AMENDMENT TO SECTION 6 2 On page 6, delete lines 24 and 25 and insert: "school shall be calculated 3 as if it were a separate school according to the schedules in 4 section 33-1002 6., Idaho Code , except that charter schools with fewer 5 than one hundred (100) secondary ADA shall use a divisor of twelve (12) and 6 the minimum units shall not apply . Funding from the state". 7 AMENDMENT TO SECTION 10 8 On page 10, in line 3, following "approval" insert: ", and retroactively 9 to January 1, 1999". 10 AMENDMENT TO THE BILL 11 On page 5, delete lines 7 through 53, and on page 6, delete lines 1 12 through 15; also on page 6, in line 16, delete "6" and insert: "5"; on page 7, 13 in line 18, delete "7" and insert: "6"; also on page 7, delete lines 37 14 through 51, and on page 8, delete lines 1, 2 and 3; also on page 8, in line 4, 15 delete "9" and insert: "7"; and on page 10, in line 1, delete "10" and insert: 16 "8". 17 CORRECTIONS TO TITLE 18 On page 1, in line 13, delete "AMENDING SEC-"; delete lines 14 through 17; 19 in line 18, delete "CATION;"; delete lines 24 and 25; in line 26, delete 20 "PRIOR TO APPROVAL OF A PETITION;"; in line 29, delete "AND" and also in line 21 29, following "EMERGENCY" insert: "AND PROVIDING A RETROACTIVE EFFECTIVE 22 DATE".
STATEMENT OE PURPOSE
RS09llOC1
The charter school legislation, as it exists today, is in need of some
minor revision. These proposed revisions would clarify some of the intent
of the charter school committee and also allow the State Department of
Education more leeway in carrying out the intent of the legislation.
FISCAL NOTE
There will be no fiscal impact to the State of Idaho Budget.
CONTACT: Bob Haley
332-6810
STATEMENT OF PURPOSE/ FISCAL NOTE Bill No. H 310