2000 Legislation
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HOUSE BILL NO. 669 – School plant facilities fund

HOUSE BILL NO. 669

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Daily Data Tracking History



H0669...............................................by REVENUE AND TAXATION
SCHOOL PLANT FACILITIES FUND - Adds to existing law to provide a school
plant facilities reserve fund levy from ten to twenty years duration if a
portion or all of the levy is for the purpose of abating, repairing or
replacing an unsafe or unhealthy physical plant; and to provide that the
election for the levy must be on one of the consolidated election dates.
                                                                        
02/23    House intro - 1st rdg - to printing
02/24    Rpt prt - to Rev/Tax
03/01    Rpt out - rec d/p - to 2nd rdg
03/02    2nd rdg - to 3rd rdg
03/06    3rd rdg - PASSED - 56-13-1
      AYES -- Alltus, Barraclough, Bieter, Black, Boe, Bruneel, Callister,
      Campbell, Chase, Cheirrett, Clark, Crow, Cuddy, Deal, Denney,
      Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hansen(23),
      Hansen(29), Henbest, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell,
      Kunz, Linford, Mader, McKague, Meyer, Montgomery, Mortensen, Moss,
      Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison,
      Schaefer(Tiegs), Sellman, Shepherd, Smith, Smylie, Stoicheff, Stone,
      Tilman, Trail, Mr Speaker
      NAYS -- Barrett, Bell, Hadley, Hammond, Hornbeck, Lake, Loertscher,
      Sali, Stevenson, Taylor, Wheeler, Wood, Zimmermann
      Absent and excused -- Marley
    Floor Sponsor - Crow
    Title apvd - to Senate
03/07    Senate intro - 1st rdg - to Loc Gov
03/09    Rpt out - to Educ
03/23    Rpt out - rec d/p - to 2nd rdg
03/24    2nd rdg - to 3rd rdg
03/30    3rd rdg - PASSED - 32-0-3
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Hawkins,
      Ingram, Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry,
      Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
      Stennett, Thorne, Wheeler, Whitworth, Williams
      NAYS--None
      Absent and excused--Crow, Geddes, Ipsen
    Floor Sponsor - Schroeder
    Title apvd - to House
03/31    To enrol
04/03    Rpt enrol - Sp signed
04/04    Pres signed - to Governor
04/14    Governor signed
         Session Law Chapter 344
         Effective: 04/14/00

Bill Text


 H0669
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 669
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO SAFE SCHOOL FACILITIES AND SCHOOL PLANT FACILITIES RESERVE  FUNDS;
  3        PROVIDING A STATEMENT OF LEGISLATIVE FINDINGS AND PURPOSES; AMENDING CHAP-
  4        TER  8,  TITLE  33,  IDAHO CODE, BY THE ADDITION OF A NEW SECTION 33-804A,
  5        IDAHO CODE, TO PROVIDE THAT SCHOOL  PLANT  FACILITIES  RESERVE  FUNDS  MAY
  6        EXCEED  TEN  YEARS  BUT MAY NOT EXCEED TWENTY YEARS IF A PORTION OR ALL OF
  7        THE LEVY IS FOR THE PURPOSE OF ABATING, REPAIRING OR REPLACING  AN  UNSAFE
  8        AND UNHEALTHY PHYSICAL PLANT AND TO PROVIDE THAT ELECTIONS FOR SUCH LEVIES
  9        MUST  BE  HELD ON DATES SET FOR CONSOLIDATED ELECTIONS AS PROVIDED IN SEC-
 10        TION 34-106, IDAHO CODE; AND DECLARING AN EMERGENCY.
                                                                        
 11    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 12        SECTION 1.  LEGISLATIVE FINDINGS AND  PURPOSES.  The  Legislature  of  the
 13    State of Idaho finds that:
 14        (1)  Idaho  banks  have established the "Idaho Safe School Facilities Loan
 15    Program" ("Program"), of not less than fifty million dollars ($50,000,000)  to
 16    provide low interest loans to school districts exclusively to abate, repair or
 17    replace  school  facilities  that  contain  unsafe  or unhealthy conditions as
 18    defined by the Constitution and laws of the state of Idaho;
 19        (2)  The repayment of loans from the Program may be from any legal  source
 20    of  revenue available to Idaho school districts including, but not limited to,
 21    lottery funds, discretionary funds and School Plant  Facilities  Reserve  Fund
 22    levies established pursuant to Section 33-804A, Idaho Code;
 23        (3)  It   would  be in the public interest to extend the maximum length of
 24    repayment of the School Plant Facilities Reserve Fund levy and thus reduce the
 25    annual payments needed to repay loans made for the purpose of abating, repair-
 26    ing or replacing school facilities that contain  unsafe  or  unhealthy  condi-
 27    tions.
                                                                        
 28        SECTION  2.  That  Chapter  8,  Title  33, Idaho Code, be, and the same is
 29    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 30    ignated as Section 33-804A, Idaho Code, and to read as follows:
                                                                        
 31        33-804A.  SCHOOL PLANT FACILITIES RESERVE FUND LEVY FOR SAFE SCHOOL FACIL-
 32    ITIES.  (1) Definition. As used in this section, public school facilities mean
 33    the physical plant of improved or unimproved real property owned  or  operated
 34    by  a  school  district, including school buildings, administration buildings,
 35    playgrounds, athletic fields, etc., used by schoolchildren or school  district
 36    personnel  in  the  normal course of providing a general, uniform and thorough
 37    system of public, free common schools, but does not include  areas,  buildings
 38    or  parts of buildings closed from or not used in the normal course of provid-
 39    ing a general, uniform and thorough system of public, free common schools. The
 40    aspects of a safe environment conducive to learning  as  provided  by  section
 41    33-1612, Idaho Code, that pertain to the physical plant used to provide a gen-
 42    eral,  uniform  and  thorough system of public, free common schools are hereby
                                                                        
                                       2
                                                                        
  1    defined as those necessary to comply with the safety and  health  requirements
  2    set forth in this section.
  3        (2)  Whenever  under  applicable  law a board of trustees of a school dis-
  4    trict has identified  on  the  basis  of  an  independent  inspection  of  the
  5    district's school facilities that some of those school facilities fail to com-
  6    ply   with  codes  addressing  safety  and  health  standards  for  facilities
  7    (including electrical, plumbing, mechanical,  elevator,  fire  safety,  boiler
  8    safety,  life safety, structural, snow loading, and sanitary codes) adopted by
  9    or pursuant to the Idaho building code advisory act,  chapter  41,  title  39,
 10    Idaho Code, adopted by the state fire marshal, adopted by generally applicable
 11    local  ordinances,  or  adopted  by  rule  of the state board of education and
 12    applicable to school facilities, and that those school facilities that do  not
 13    comply  with codes addressing unsafe or unhealthy conditions contain unsafe or
 14    unhealthy conditions that cannot be abated with the school  district's  income
 15    from current sources, that school district shall be eligible to participate in
 16    the  Idaho  safe  schools facilities loan program administered by Idaho banks.
 17    Eligibility to participate in the Idaho safe schools facilities  loan  program
 18    shall not affect or disqualify any school district from eligibility to partic-
 19    ipate in any other program to abate unsafe or unhealthy conditions.
 20        (3)  In  any  school  district  in which a school plant facilities reserve
 21    fund has been created, the  period  for  which  the  school  plant  facilities
 22    reserve fund levy may be in effect may extend beyond ten (10) years but not to
 23    exceed twenty (20) years, provided that:
 24        (a)  The  board  of  trustees shall determine that all or a portion of the
 25        amount to be collected each year during the period of years in  which  the
 26        levy  is  collected  is made to abate, repair or replace school facilities
 27        with unsafe or unhealthy conditions or to repay principal or interest  for
 28        abatement,  repair  or  replacement  of  school  facilities with unsafe or
 29        unhealthy conditions that earlier took place.
 30        (b)  The question of the levy to be submitted to the electors  of  a  dis-
 31        trict  and  the notice of such election shall state the dollar amount pro-
 32        posed to be collected each year during the period  of  years  in  each  of
 33        which  the  collection  is  to  be made to abate, repair or replace school
 34        facilities for the purpose of providing  buildings  complying  with  codes
 35        defining safe and healthy conditions as required by applicable law.
 36        (c)  The election for such a levy conducted pursuant to this section shall
 37        be held on one (1) of the days authorized by section 34-106, Idaho Code.
 38    The  provisions  of  section 33-804, Idaho Code, that are not modified by this
 39    section shall apply to levies made pursuant to this section.
                                                                        
 40        SECTION 3.  An emergency existing  therefor,  which  emergency  is  hereby
 41    declared to exist, this act shall be in full force and effect on and after its
 42    passage.

Statement of Purpose / Fiscal Impact


                 STATEMENT OF PURPOSE
                       RS10178

The purpose of this bill is to recognize the Idaho banking 
industry's creation of the Idaho Safe School Facilities Loan 
Program and to provide for plant facilities levies to be 
extended for up to twenty (20) years for levies whose proceeds 
will be used to abate, repair or replace facilities with 
identified violations of safety and health codes applicable 
to school buildings.

                         FISCAL IMPACT

This bill will have no impact on the state fund.

CONTACT: Representative Dolores Crow
Phone: (208) 332-1000

STATEMENT OF PURPOSE/ FISCAL IMPACT                       H 669