2000 Legislation
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HOUSE BILL NO. 607 – Public School Bldg Assistance Fund

HOUSE BILL NO. 607

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Daily Data Tracking History



H0607...............................................by REVENUE AND TAXATION
PUBLIC SCHOOL BUILDING ASSISTANCE FUND - Amends and adds to existing law
relating to public school endowment funds; to provide legislative intent;
to provide for appropriations by the Legislature; to create the Public
School Building Assistance Fund; to provide for uses of moneys in the fund;
to provide for distribution of moneys; to provide for regions in the state;
to provide for application by the boards of trustees of public school
districts; to provide for establishment of procedures for application and
criteria for denial and approval of applications by the State
Superintendent of Public Instruction; to provide for review by the
Legislature; and to provide for use of the moneys.
                                                                        
02/18    House intro - 1st rdg - to printing
02/21    Rpt prt - to Rev/Tax

Bill Text


 H0607
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 607
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO PUBLIC SCHOOL ENDOWMENT  FUNDS;  TO  PROVIDE  LEGISLATIVE  INTENT;
  3        AMENDING  SECTION 33-902A, IDAHO CODE, AS ADDED BY SECTION 8, CHAPTER 256,
  4        LAWS OF 1998, TO PROVIDE FOR APPROPRIATIONS BY THE LEGISLATURE;   AMENDING
  5        CHAPTER 9, TITLE 33, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 33-902B,
  6        IDAHO  CODE, TO CREATE THE PUBLIC SCHOOL BUILDING ASSISTANCE FUND, TO PRO-
  7        VIDE FOR USES OF MONEYS IN THE FUND, TO PROVIDE FOR APPROPRIATION, TO PRO-
  8        VIDE FOR DISTRIBUTION OF MONEYS, TO PROVIDE REGIONS, TO PROVIDE LIMITS  ON
  9        DISTRIBUTIONS,  TO  PROVIDE  FOR  APPLICATION BY THE BOARDS OF TRUSTEES OF
 10        PUBLIC SCHOOL DISTRICTS, TO PROVIDE FOR ESTABLISHMENT  OF  PROCEDURES  FOR
 11        APPLICATION  AND  CRITERIA  FOR DENIAL AND APPROVAL OF APPLICATIONS BY THE
 12        STATE SUPERINTENDENT OF PUBLIC INSTRUCTION, TO PROVIDE FOR REVIEW  BY  THE
 13        LEGISLATURE,  TO  PROVIDE  FOR  WARRANTS, TO PROVIDE FOR USE OF MONEYS, TO
 14        PROVIDE LIBERAL CONSTRUCTION AND TO PROVIDE APPLICATION; AMENDING  SECTION
 15        57-723A, IDAHO CODE, AS ADDED BY SECTION 40, CHAPTER 256, LAWS OF 1998, TO
 16        PROVIDE  THAT  CERTAIN  MONEYS  SHALL BE AVAILABLE; PROVIDING AN EFFECTIVE
 17        DATE; AND PROVIDING A SUNSET DATE.
                                                                        
 18    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 19        SECTION 1.  LEGISLATIVE INTENT. The Legislature finds that  public  school
 20    districts  often cannot meet the financial needs for remedying safety problems
 21    in their school buildings and for the construction, maintenance and repair  of
 22    their  school  buildings. The intent of this act is to provide a mechanism for
 23    the state to provide financial assistance to school districts that have passed
 24    a bond or a mill levy override for public school construction, maintenance  or
 25    repair, or which have a school building safety need for which financial assis-
 26    tance  is  desired.  This  act  is intended to use moneys of the public school
 27    endowment not committed to other public school programs, to require an  annual
 28    appropriation  by the Legislature, while leaving the amount of that appropria-
 29    tion to the discretion of the Legislature based upon a recommendation  of  the
 30    Endowment  Fund  Investment Board. The State Superintendent of Public Instruc-
 31    tion shall develop criteria and procedures for applying for  financial  assis-
 32    tance  pursuant  to this act. Moneys appropriated from the Public School Earn-
 33    ings Reserve Fund pursuant to this act, if not used by the school districts as
 34    provided in this act, are to be returned to the Public School Earnings Reserve
 35    Fund. In every respect, this act is consistent with the legal requirement  and
 36    general  desire  that  funds of the Public School Endowment be used to benefit
 37    the beneficiaries of that endowment.
                                                                        
 38        SECTION 2.  That Section 33-902A, Idaho Code, as added by Section 8, Chap-
 39    ter 256, Laws of 1998, be, and the same is hereby amended to read as follows:
                                                                        
 40        33-902A.  PUBLIC SCHOOL EARNINGS RESERVE FUND.  (1) There  is  established
 41    in the state treasury the public school earnings reserve fund.  The fund shall
 42    be  managed  and  invested by the endowment fund investment board according to
                                                                        
                                           2
                                                                        
  1    law and the policies established by the state board of land commissioners. The
  2    public school earnings reserve fund shall consist of the following:
  3        (a)  All earnings of the public school permanent endowment fund;
  4        (b)  Proceeds of the sale of timber on public school endowment lands;
  5        (c)  Proceeds of leases of public school endowment lands;
  6        (d)  Proceeds of interest charged upon deferred payments on public  school
  7        endowment lands or timber on those lands;
  8        (e)  Earnings  on  contracts  for the sale of timber and the sale of lands
  9        related to the public school endowment; and
 10        (f)  All other proceeds received from the use of public  school  endowment
 11        lands and not otherwise designated for deposit in the public school perma-
 12        nent endowment fund.
 13        (2)  Moneys shall be distributed out of the public school earnings reserve
 14    fund only to support the beneficiaries of the public school endowment, includ-
 15    ing  distributions  by  the  state  board  of land commissioners to the public
 16    school permanent endowment fund and the public school income fund, and  appro-
 17    priations  by  the  legislature  pursuant to section 33-902B, Idaho Code; pro-
 18    vided, that funds shall not be otherwise appropriated by the legislature  from
 19    the public school earnings reserve fund except to pay for administrative costs
 20    incurred managing the assets of the public school endowment including, but not
 21    limited to, real property and monetary assets.
                                                                        
 22        SECTION  3.  That  Chapter  9,  Title  33, Idaho Code, be, and the same is
 23    hereby amended by the addition of a NEW SECTION, to be known and designated as
 24    Section 33-902B, Idaho Code, and to read as follows:
                                                                        
 25        33-902B.  PUBLIC SCHOOL BUILDING ASSISTANCE FUND. (1) There is created  in
 26    the  state  treasury the public school building assistance fund. Moneys in the
 27    public school building assistance fund shall  be  used  to  provide  financial
 28    assistance to school districts to pay for safety improvements in public school
 29    buildings  and  to school districts that have passed school bonds or mill levy
 30    overrides to pay for construction, maintenance or repair  of  public  schools,
 31    including administrative costs and interest. Moneys in the public school earn-
 32    ings  reserve  fund  shall  be  appropriated  by the legislature to the public
 33    school building assistance fund upon  recommendation  of  the  endowment  fund
 34    investment  board  only  for  the purposes provided in this section. Moneys so
 35    appropriated shall be distributed to school districts by the superintendent of
 36    public instruction pursuant to this section and criteria developed thereto.
 37        (2)  Each fiscal year, moneys shall be appropriated to the  public  school
 38    building  assistance  fund  by the legislature from the public school earnings
 39    reserve fund only if excess moneys exist in the public school earnings reserve
 40    fund after existing and funded public school programs, and costs  of  adminis-
 41    tering  the public school endowment, are paid. Moneys appropriated to the pub-
 42    lic school building assistance fund shall be  available  for  distribution  to
 43    qualifying school districts during the next succeeding fiscal year. Moneys not
 44    distributed  shall  be  returned to the public school earnings reserve fund at
 45    the end of the fiscal year in which they were eligible for distribution.
 46        (3)  In order to distribute the moneys described in subsection (1) of this
 47    section, the state shall be divided into seven (7) regions  of  equal  popula-
 48    tion, each one consisting of five (5) legislative districts as follows:
 49        (a)  Region one. Legislative districts one (1) through five (5);
 50        (b)  Region two. Legislative districts six (6) through ten (10);
 51        (c)  Region three. Legislative districts eleven (11) through fifteen (15);
 52        (d)  Region four. Legislative districts sixteen (16) through twenty (20);
 53        (e)  Region  five.  Legislative  districts twenty-one (21) through twenty-
                                                                        
                                           3
                                                                        
  1        five (25);
  2        (f)  Region six. Legislative  districts  twenty-six  (26)  through  thirty
  3        (30);
  4        (g)  Region  seven.  Legislative districts thirty-one (31) through thirty-
  5        five (35).
  6        (4)  Each fiscal year that moneys are  available  for  distribution,  each
  7    region  shall  be allotted an initial amount equal to one-seventh (1/7) of the
  8    moneys available. Each school district that has passed a school bond or a mill
  9    levy override in the preceding year, or which needs to  improve  the  physical
 10    safety  of a public school building, may apply to receive assistance. Applica-
 11    tions shall be made no later than September 1 during the fiscal year in  which
 12    moneys  are  available  for  distribution, and shall be submitted to the state
 13    superintendent of public instruction. In no case shall the amount  paid  to  a
 14    public school district for assistance under this section exceed twenty percent
 15    (20%)  of the total cost of the proposed project, or seven hundred fifty thou-
 16    sand dollars ($750,000) in a single year or exceed fifty percent (50%) of  the
 17    amount  allotted to that region in this section.  If school districts within a
 18    region do not apply for all of the initial amount allotted to that  region  by
 19    September 1 of the fiscal year in which moneys are available for distribution,
 20    the  remainder shall become available for distribution to other regions during
 21    that fiscal year.  Distributions shall be based on applications submitted pur-
 22    suant to this section and criteria and procedures developed  by  the  superin-
 23    tendent of public instruction. In the case of applications for the improvement
 24    of  building  safety,  the  superintendent  shall determine what is a building
 25    safety item. Applications shall be evaluated by the  state  superintendent  of
 26    public  instruction in the order they are received and awards shall be made to
 27    successful applicants in that same order.
 28        (5)  The board of trustees of any school district meeting the requirements
 29    of this section may apply to the state superintendent  of  public  instruction
 30    for financial assistance pursuant to this section. The state superintendent of
 31    public  instruction  shall  establish  equitable  criteria for distribution of
 32    moneys for assistance and shall provide procedures for application, denial and
 33    approval of distributions. Criteria developed by the state  superintendent  of
 34    public instruction shall be reviewed by the legislature.
 35        (6)  All  distributions  for financial assistance pursuant to this section
 36    shall be paid directly to the school district in warrants drawn by  the  state
 37    controller  upon presentation of proper vouchers from the state superintendent
 38    of public instruction. Pending distribution out of the public school  earnings
 39    reserve  fund, the moneys in the fund shall be invested as provided by law for
 40    earnings of the public school endowment.
 41        (7)  Distributions for financial assistance received by a school  district
 42    pursuant to this section and criteria developed by the state superintendent of
 43    public  instruction  may  be  used by the school district only to reduce costs
 44    associated with the bond issued or mill levy override, including, but not lim-
 45    ited to, administrative costs and interest.
 46        (8)  This section authorizes the issuance of warrants and shall be  liber-
 47    ally  construed to accomplish the purpose of assisting school districts to pay
 48    for safety improvements in public school buildings and to assist  school  dis-
 49    tricts  that  have  passed school bonds or mill levy overrides to pay for con-
 50    struction, maintenance or repair of public schools,  including  administrative
 51    costs  and  interest. Any restrictions, limitations or regulations relative to
 52    the issuance of warrants contained in any other act shall not  apply  to  war-
 53    rants issued under this section.  Any act inconsistent with this section shall
 54    be deemed modified to conform with the provisions of this section for the pur-
 55    poses of this section only.
                                                                        
                                           4
                                                                        
  1        (9)  This  section  applies  only  to  public school building safety needs
  2    existing after the effective date of this section and to school  bonds  issued
  3    or mill levy overrides approved after the effective date of this section.
                                                                        
  4        SECTION  4.  That  Section  57-723A,  Idaho  Code, as added by Section 40,
  5    Chapter 256, Laws of 1998, be, and the same is hereby amended to read as  fol-
  6    lows:
                                                                        
  7        57-723A.  DEPOSIT  AND  DISTRIBUTION  OF  EARNINGS RESERVE FUNDS -- INCOME
  8    FUNDS -- ADMINISTRATIVE COSTS. (1) As directed by the state board of land com-
  9    missioners, the investment  board  shall  distribute  the  earnings  from  the
 10    investments  or  securities in accordance with this act and the laws governing
 11    the respective endowment funds. Earnings  from  the  investment  of  permanent
 12    endowment  funds  related  to  state  land grants shall be deposited into each
 13    endowment's respective earnings reserve fund for distribution as  provided  in
 14    this section.
 15        (2)  At  least  annually, the state board of land commissioners shall dis-
 16    tribute moneys constituting earnings reserve funds, in excess  of  the  amount
 17    necessary  to  pay administrative costs, to the income funds of the respective
 18    endowments, to each endowment's respective permanent endowment fund  or  main-
 19    tained  as a free fund balance in the earnings reserve funds, in amounts to be
 20    determined by the state board of land commissioners.
 21        (3)  Moneys in the earnings reserve funds shall be available for appropri-
 22    ation by the legislature to pay for administrative costs incurred managing the
 23    assets of the endowments including, but not limited to, real property and mon-
 24    etary assets.
 25        (4)  Each fiscal year, moneys in the public school earnings fund not  dis-
 26    tributed  by  the  state board of land commissioners as provided in subsection
 27    (2) of this section, and not appropriated by the legislature  for  administra-
 28    tive  costs  as provided in subsection (3) of this section, shall be available
 29    for legislative appropriation, based upon  recommendation  of  the  investment
 30    board,  to  the  public school building assistance fund established in section
 31    33-902B, Idaho Code, and for distribution as provided in that section.
                                                                        
 32        SECTION 5.  This act shall be in full force and effect on and  after  July
 33    1, 2001.
                                                                        
 34        SECTION  6.  The  provisions  of Section 1 of this act shall be null, void
 35    and of no force and effect on and after July 1, 2006.

Statement of Purpose / Fiscal Impact


          
                           
                 STATEMENT OF PURPOSE
                      RS09912C2 
     
          The purpose of this legislation is to assist local school districts to repair,
     upgrade or build new school facilities. It could also be used to address safety
     improvements in public school facilities.
     
     
      
                     FISCAL NOTE
      
          There will be an impact to the state endowment funds related to public
     schools. The amount of money transferred from these funds will be determined on
     a yearly basis by the Endowment Fund Investment Board and the State
     Legislature. It is estimated that this amount will be approximately $12 million a
     year. 
     
     
               CONTACT:  Rep. Roger Chase 
               Senator Shawn Keough
               Phone:    332-1000 
     
                                                  STATEMENT OF PURPOSE/ FISCAL IMPACT                           H 607