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H0677..........................................................by EDUCATION
CHARTER SCHOOLS - Amends existing law to authorize the board of directors
of a charter school to borrow money as a nonprofit corporation to finance
the purchase of school building facilities and, subject to the terms of
such a contractual agreement, the board may use the facility as collateral
for the loan.
02/23 House intro - 1st rdg - to printing
02/24 Rpt prt - to Educ
03/03 Rpt out - rec d/p - to 2nd rdg
03/06 2nd rdg - to 3rd rdg
03/10 3rd rdg - PASSED - 65-0-5
AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Bieter,
Black, Boe, Bruneel, Callister, Campbell, Chase, Cheirrett, Clark,
Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner,
Geddes, Gould, Hadley, Hammond, Hansen(23), Henbest, Hornbeck,
Jaquet, Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford,
Loertscher, Mader, Marley, McKague, Mortensen, Moss, Moyle, Pearce,
Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff,
Stone, Taylor, Tilman, Wheeler, Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Hansen(29), Meyer, Montgomery, Trail, Wood
Floor Sponsor - Clark
Title apvd - to Senate
03/13 Senate intro - 1st rdg - to Educ
03/20 Rpt out - rec d/p - to 2nd rdg
03/21 2nd rdg - to 3rd rdg
03/31 3rd rdg - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Stegner, Stennett,
Thorne, Wheeler, Whitworth, Williams
NAYS--None
Absent and excused--Sorensen
Floor Sponsor - Deide
Title apvd - to House
04/03 To enrol
04/04 Rpt enrol - Sp signed - Pres signed
04/05 Pres signed - to Governor
04/13 Governor signed
Session Law Chapter 282
Effective: 04/13/00
H0677
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 677
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO PUBLIC CHARTER SCHOOLS; AMENDING SECTION 33-5204, IDAHO CODE, TO
3 PROVIDE THAT THE BOARD OF DIRECTORS OF A CHARTER SCHOOL MAY BORROW MONEY
4 AS A NONPROFIT CORPORATION FOR THE PURCHASE OF A SCHOOL BUILDING FACILITY;
5 AND DECLARING AN EMERGENCY.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 33-5204, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 33-5204. NONPROFIT CORPORATION -- LIABILITY -- INSURANCE. (1) A charter
10 school shall be organized and managed under the Idaho nonprofit corporation
11 act. The board of directors of a charter school shall be deemed public agents
12 authorized by a public school district or the state board of education to con-
13 trol the charter school. A charter school shall be considered a public school
14 for all purposes. For the purposes of section 59-1302(15), Idaho Code, a
15 charter school created pursuant to this chapter shall be deemed a governmental
16 entity. Pursuant to the provisions of section 63-3622O, Idaho Code, sales to
17 or purchases by a public charter school are exempt from payment of the sales
18 and use tax.
19 (2) A charter school may sue or be sued, purchase, receive, hold and con-
20 vey real and personal property for school purposes, and borrow money for such
21 purposes, to the same extent and on the same conditions as a public school
22 district, and its employees, directors and officers shall enjoy the same immu-
23 nities as employees, directors and officers of public school districts and
24 other public schools. The approving authority of a charter school shall have
25 no liability for the acts, omissions, debts or other obligations of a charter
26 school, except as may be provided in an agreement or contract with such
27 charter school.
28 (3) Nothing in this chapter shall prevent the board of directors of a
29 charter school, operating as a nonprofit corporation, from borrowing money to
30 finance the purchase of school building facilities. Subject to the terms of a
31 contractual agreement between the board and a lender, nothing herein shall
32 prevent the board from using the facility as collateral for the loan.
33 (4) Charter schools shall secure insurance for liability and property
34 loss.
35 SECTION 2. An emergency existing therefor, which emergency is hereby
36 declared to exist, this act shall be in full force and effect on and after its
37 passage and approval.
STATEMENT OF PURPOSE
RS 09446
The purpose of this legislation is to allow the Board of Directors of a charter
school the ability to borrow money. This legislation will amend ID Code 33-5204.
FISCAL IMPACT
No impact to the general fund.
Contact
Name: Jim Clark
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 677