Print Friendly SENATE BILL NO. 1125 – Schools, safe/healthy, levy
SENATE BILL NO. 1125
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S1125......................................................by STATE AFFAIRS
SCHOOLS - SAFE/HEALTHY - Adds to existing law to provide a statutory
mechanism for school districts to abate unsafe conditions 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.
02/08 Senate intro - 1st rdg - to printing
02/09 Rpt prt - to Loc Gov
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature First Regular Session - 1999
IN THE SENATE
SENATE BILL NO. 1125
BY STATE AFFAIRS 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 PUBLIC SCHOOLS AND PROVIDING MECHANISMS
5 FOR DOING SO; AMENDING CHAPTER 8, TITLE 33, IDAHO CODE, BY THE ADDITION OF
6 A NEW SECTION 33-808, IDAHO CODE, CREATING A HEALTH AND SAFETY LEVY AND
7 PROVIDING FOR LEGAL NOTICE AND HEARING AND, IF NECESSARY, JUDICIAL CONFIR-
8 MATION BEFORE IMPOSITION OF SUCH A LEVY; DECLARING AN EMERGENCY, PROVIDING
9 RETROACTIVE APPLICATION AND PROVIDING THE EFFECT ON CERTAIN LOTTERY
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 ENVIRONMENT CONDUCIVE TO LEARNING REQUIRED. (1) Inspection.
16 It is the duty of the board of trustees of every school district at least once
17 in 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 shall be done pursuant to
21 section 39-4130, Idaho Code, or pursuant to any alternative comparable or more
22 demanding inspection authorized by rule of the state board of education. The
23 results of the inspection shall be presented to the board of trustees for
24 their review and consideration.
25 (2) Abatement and Reporting. The board of trustees shall, in their sole
26 discretion, accept or reject the results of the inspection in whole or in part
27 and in so doing shall identify any unsafe or unhealthy conditions in the dis-
28 trict. The board of trustees shall require that the unsafe or unhealthy condi-
29 tions be abated and shall instruct the district's personnel to take necessary
30 steps to abate unsafe or unhealthy conditions. The board of trustees must
31 issue a report in the same school year in which the inspections are made
32 declaring whether any unsafe or unhealthy conditions identified have not been
33 abated. The state board of education may, by rule, provide for uniform report-
34 ing of unsafe and unhealthy conditions and for uniform reporting of abatement
35 or absence of abatement of unsafe and unhealthy conditions.
36 (3) Abatement. If the school district can abate all unsafe or unhealthy
37 conditions identified with the funds available to the district, it shall do
38 so, and it need not separately account for the costs of abatement nor segre-
39 gate funds expended for abatement. If the school district cannot abate all
40 unsafe or unhealthy conditions identified with the funds available to the dis-
41 trict, the board of trustees shall direct that a plan of abatement be pre-
42 pared. The plan of abatement shall provide a timetable not to extend beyond
43 the following school year for abatement of unsafe and unhealthy conditions
1 identified. The district shall immediately begin to implement its plan of
2 abatement and must separately account for its costs of abatement of unsafe or
3 unhealthy conditions and separately segregate funds for the abatement of
4 unsafe or unhealthy conditions as required by subsection (4) of this section.
5 (4) Special Provisions for Implementation of Plan of Abatement.
6 (a) Notwithstanding any other provisions of law concerning expenditure of
7 lottery moneys distributed to the school district, all lottery moneys pro-
8 vided to the school district for the school year in which the school dis-
9 trict was unable to abate unsafe or unhealthy conditions identified and
10 all lottery moneys for the following school year shall be segregated and
11 expended exclusively for the abatement of unsafe and unhealthy conditions
12 identified until such time as all of the unhealthy and unsafe conditions
13 identified are abated.
14 (b) If the lottery moneys referred to in paragraph (a) of this subsection
15 will, in the board of trustees' estimation, be insufficient to abate the
16 unsafe and unhealthy conditions identified, the plan of abatement shall
17 identify additional sources of funds to complete the abatement of the
18 unsafe and unhealthy conditions. The board of trustees may choose from
19 among the following sources, or from other sources of its own identifica-
20 tion, but the plan of abatement must identify sufficient sources for
22 (i) If the school district is not levying under chapter 8, title
23 33, Idaho Code, at the maximum levies allowed by law for levies that
24 may be imposed by the board of trustees without an election, the
25 board of trustees may increase any of those levies as allowed by law
26 for the school year following the school year in which it was unable
27 to abate unsafe or unhealthy conditions identified.
28 (ii) If the school district is levying under chapter 8, title 33,
29 Idaho Code, at the maximum levies allowed by law for levies that may
30 be imposed by the board of trustees without an election; or, if after
31 increasing those levies to the maximum levies allowed by law for
32 levies that may be imposed by the board of trustees without an elec-
33 tion, there will still be insufficient funds to abate unsafe or
34 unhealthy conditions identified, the school district may, after giv-
35 ing notice and conducting a hearing, impose a safety and health levy
36 as provided in section 33-808, Idaho Code. The hearing shall consider
37 whether the plan of abatement sets forth an efficient method of abat-
38 ing the unsafe and unhealthy conditions identified and whether or to
39 what extent the district must resort to a safety and health levy to
40 abate the unsafe and unhealthy conditions identified.
41 (c) All moneys raised and expended for abatement under this subsec-
42 tion shall be separately accounted for and documented. All moneys
43 raised pursuant to a safety and health levy shall be applied exclu-
44 sively to abatement of unsafe or unhealthy conditions identified in
45 the previous school year or the current school year during which the
46 levy is in place, and any moneys raised in excess of the amounts
47 actually spent to abate unsafe or unhealthy conditions identified
48 shall not be otherwise expended in that school year, but shall be
49 retained by the school district and used to reduce the maintenance
50 and operations levy for the following year in the amount of the unex-
51 pended safety and health levy.
52 SECTION 2. That Chapter 8, Title 33, Idaho Code, be, and the same is
53 hereby amended by the addition thereto of a NEW SECTION , to be
54 known and designated as Section 33-808, Idaho Code, and to read as follows:
1 33-808. SAFETY AND HEALTH LEVY. (1) Safety and Health Levy Created. In
2 addition to the levies otherwise established by law, there is hereby estab-
3 lished a safety and health levy. A school district may impose a safety and
4 health levy when authorized by section 33-1613, Idaho Code.
5 (2) Notice and Hearing. No school district may adopt a safety and health
6 levy without giving legal notice pursuant to chapter 1, title 60, Idaho Code,
7 at least thirty (30) days in advance of its intention to hold a hearing to
8 consider whether the plan of abatement sets forth an efficient method of abat-
9 ing the unsafe and unhealthy conditions identified and whether, or to what
10 extent, the district must resort to a safety and health levy to abate the
11 unsafe and unhealthy conditions identified.
12 (3) Maximum Levy -- Judicial Confirmation. The maximum safety and health
13 levy shall be twenty-five ten-thousandths (.00025); provided, that when a
14 school district will not be able to abate the unsafe or unhealthy conditions
15 described in section 33-1613, Idaho Code, with a safety and health levy of
16 twenty-five ten-thousandths (.00025), but must levy a larger amount to abate
17 the unsafe or unhealthy conditions, the school district may petition the dis-
18 trict court pursuant to the procedures of chapter 13, title 7, Idaho Code, for
19 a judicial confirmation of the necessity for levying the larger amount. In
20 considering a petition for a judicial confirmation under this section, the
21 district court shall proceed as provided in chapter 13, title 7, Idaho Code,
22 except that the substantive issues to be decided shall be whether unsafe or
23 unhealthy conditions exist in the school district, whether the plan of abate-
24 ment sets forth an efficient method of abating the unsafe and unhealthy condi-
25 tions identified, and whether the school district is eligible to impose a
26 safety and health levy under this section and under section 33-1613, Idaho
27 Code, in the larger amount because that larger amount is necessary to abate
28 the unsafe and unhealthy conditions. The issues of fact in the judicial con-
29 firmation shall be decided by a preponderance of evidence.
30 (4) Term of Levy. The term of the safety and health levy authorized by
31 this section is one (1) year.
32 SECTION 3. An emergency existing therefor, which emergency is hereby
33 declared to exist, this act shall be in full force and effect on and after its
34 passage and approval, and retroactively to January 1, 1999. Provided however,
35 this act shall not apply to any expenditure of lottery moneys during the
36 1998-1999 school year that were legally encumbered before the time of the pas-
37 sage and approval of this act.
Statement of Purpose
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.
Statement of Fiscal Impact
This bill has no fiscal impact on the State treasury.
The impact on local school districts will vary with facility
CONTACT: SENATOR DIEDE 332-1345
SENATOR TWIGGS 332-1300