S1481aa........................................................by EDUCATION SCHOOL DISTRICT FACILITY FINANCING - Adds to and amends existing law to establish authority for the Idaho State Building Authority to provide financing for school district bonds through bond sales; to provide that property tax replacement shall be from appropriated General Funds; to revise the distribution formula for property tax replacement moneys; and to provide for an amount to be remitted to the School District Building Account. 02/21 Senate intro - 1st rdg - to printing 02/22 Rpt prt - to Educ 03/10 Rpt out - rec d/p - to 2nd rdg 03/13 2nd rdg - to 14th Ord 03/15 Rpt out amen - to engros 03/16 Rpt engros - 1st rdg - to 2nd rdg as amen 03/17 2nd rdg - to 3rd rdg as amen 03/20 3rd rdg as amen - FAILED - 10-25-0 AYES--Andreason, Bunderson, Crow, Darrington, Frasure, Keough, Noh, Riggs, Schroeder, Wheeler NAYS--Boatright, Branch, Burtenshaw, Cameron, Danielson, Davis, Deide, Dunklin, Geddes, Hawkins, Ingram, Ipsen, King-Barrutia, Lee, McLaughlin, Parry, Richardson, Risch, Sandy, Sorensen, Stegner, Stennett, Thorne, Whitworth, Williams Absent and excused--None Floor Sponsor - Schroeder Filed with Secretary of the Senate
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000 IN THE SENATE SENATE BILL NO. 1481, As Amended BY EDUCATION COMMITTEE 1 AN ACT 2 RELATING TO SCHOOL DISTRICT FACILITY FINANCING; AMENDING SECTION 33-301, IDAHO 3 CODE, TO CLARIFY THE AUTHORITY OF A SCHOOL DISTRICT TO LEASE REAL AND PER- 4 SONAL PROPERTY; AMENDING SECTION 33-601, IDAHO CODE, TO CLARIFY THE 5 AUTHORITY OF A SCHOOL DISTRICT TO LEASE REAL AND PERSONAL PROPERTY AND TO 6 MAKE A TECHNICAL CORRECTION; AMENDING SECTION 33-905, IDAHO CODE, TO 7 ESTABLISH PURPOSES OF THE SCHOOL DISTRICT BUILDING ACCOUNT FOR SCHOOL CON- 8 STRUCTION AND RELATED FINANCING PURPOSES, TO AUTHORIZE THE STATE BOARD OF 9 EDUCATION TO CONTRACT WITH SCHOOL DISTRICTS TO MATCH FUNDS IN THE ACCOUNT 10 AND TO AUTHORIZE THE STATE BOARD OF EDUCATION TO CONTRACT WITH THE IDAHO 11 STATE BUILDING AUTHORITY TO SECURE FINANCING AND TO MAKE TECHNICAL CORREC- 12 TIONS; AMENDING CHAPTER 9, TITLE 33, IDAHO CODE, BY THE ADDITION OF A NEW 13 SECTION 33-905A, IDAHO CODE, TO CREATE THE SCHOOL FACILITY LOTTERY FUND, 14 TO PROVIDE DISTRIBUTIONS FROM THE FUND AND TO REQUIRE A LONG-RANGE MAINTE- 15 NANCE PLAN; AMENDING SECTION 33-1111, IDAHO CODE, TO AUTHORIZE THE SALE OF 16 SCHOOL DISTRICT BONDS TO THE IDAHO STATE BUILDING AUTHORITY; AMENDING SEC- 17 TION 33-1002D, IDAHO CODE, TO PROVIDE THAT PROPERTY TAX REPLACEMENT SHALL 18 BE FROM APPROPRIATED GENERAL FUNDS, TO REVISE THE DISTRIBUTION FORMULA TO 19 DISTRICTS AND TO PROVIDE FOR AN AMOUNT TO BE REMITTED TO THE SCHOOL DIS- 20 TRICT BUILDING ACCOUNT; AMENDING SECTION 67-6402, IDAHO CODE, TO FURTHER 21 DEFINE TERMS; AMENDING SECTION 67-6404, IDAHO CODE, TO STATE FINDINGS OF 22 THE LEGISLATURE CONCERNING SCHOOL BUILDINGS AND OTHER INSTRUCTIONAL FACIL- 23 ITIES; AMENDING SECTION 67-6409, IDAHO CODE, TO CLARIFY THE AUTHORITY OF 24 THE IDAHO STATE BUILDING AUTHORITY TO CONVEY REAL OR PERSONAL PROPERTY AND 25 TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 67-6410, IDAHO CODE, TO 26 PROVIDE THAT PRIOR APPROVAL BY THE LEGISLATURE IS NOT REQUIRED FOR A 27 SCHOOL BUILDING OR RELATED EDUCATION FACILITY; AND AMENDING SECTION 28 67-7434, IDAHO CODE, TO PROVIDE THAT LOTTERY PROCEEDS ARE TRANSFERRED TO 29 THE SCHOOL FACILITY LOTTERY FUND. 30 Be It Enacted by the Legislature of the State of Idaho: 31 SECTION 1. That Section 33-301, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 33-301. SCHOOL DISTRICTS BODIES CORPORATE. Each school district, now or 34 hereafter established, when validly organized and existing, is declared to be 35 a body corporate and politic, and in its corporate capacity may sue and be 36 sued and may acquire, lease, hold and convey real and personal property neces- 37 sary to its establishment, extension and existence. It shall have authority to 38 issue negotiable coupon bonds and incur such other debt, in the amounts and 39 manner, as provided by law. 40 SECTION 2. That Section 33-601, Idaho Code, be, and the same is hereby 41 amended to read as follows: 2 1 33-601. REAL AND PERSONAL PROPERTY -- ACQUISITION, USE OR DISPOSAL OF 2 SAME. The board of trustees of each school district shall have the following 3 powers and duties: 4 1. To rent or lease to or from others, school buildings or other property 5 used, or to be used, for school purposes. 6 2. To contract for the construction, repair, or improvement of any real 7 property, or the acquisition, purchase or repair of any equipment, or other 8 personal property necessary for the operation of the school district. 9 Except for the purchase of curricular materials as defined in section 10 33-118A, Idaho Code, no such contract shall be executed which entails the 11 expenditure of fifteen thousand dollars ($15,000) or more without notice first 12 being given by publishing twice in the manner required by subsections g. and 13 h. of section 33-402, Idaho Code, unless in cooperation with the division of 14 purchasing or cooperative agency established pursuant to chapter 23, title 67, 15 and/or sections 33-315 through 33-318, Idaho Code. The board of trustees may 16 let the contract to the lowest responsible bidder, or reject any bid, or 17 reject all bids and publish notice for bids, as before. If, thereafter, no 18 satisfactory bid is received, the board may proceed under its own direction, 19 subject to the approval of the state board of education. 20 3. To designate and purchase any real property necessary for school pur- 21 poses or in the operation of the district, the provisions of subsection 2. of 22 this section notwithstanding, or remove any building, or dispose of any real 23 property. The board of trustees shall determine the size of the site necessary 24 for school purposes. The site shall be located within the incorporated limits 25 of any city within the district; provided, however, that if the board finds 26 that it is not in the best interests of the electors and the students of the 27 district to locate the site within the incorporated limits of a city, the 28 board, by duly adopted resolution setting forth the reasons for its finding, 29 may designate a site located elsewhere within the district. In elementary 30 school districts, except upon removal for highway purposes, a site may be des- 31 ignated or changed only after approval of two-thirds (2/3) or more of the 32 electors voting at the annual meeting. 33 4. (a) To convey, except as provided by paragraph (b) of this subsection, 34 by deed, bill of sale, or other appropriate instrument, all of the estate 35 and interest of the district in any property, real or personal. In elemen- 36 tary school districts, except such conveyance as is authorized by subsec- 37 tion 6. of this section, any of the transactions authorized in this sub- 38 section shall be subject to the approval of two-thirds (2/3) or more of 39 the electors voting at the annual meeting. 40 Prior to such sale or conveyance, the board shall have the property 41 appraised by three (3) disinterested residents of the district, which 42 appraisal shall be entered in the records of the board of trustees. The 43 property may be sold at public auction or by sealed bids, as the board of 44 trustees shall determine, to the highest bidder. Such property may be sold 45 for cash or for such terms and conditions as the board of trustees shall 46 determine for a period not exceeding ten (10) years, with the annual rate 47 of interest on all deferred payments not less than seven percent (7%) per 48 annum. The title to all property sold on contract shall be retained in 49 the name of the school district until full payment has been made by the 50 purchaser, and title to all property sold under a note and mortgage or 51 deed of trust shall be transferred to the purchaser at the point of sale 52 under the terms and conditions of the mortgage or deed of trust as the 53 board of trustees shall determine. Notice of the time and the conditions 54 of such sale shall be published twice, and proof thereof made, in accor- 55 dance with subsections g. and h. of section 33-402, Idaho Code, except 3 1 that when the appraised value of the property is less than five hundred 2 dollars ($500), one (1) single notice by publication shall be sufficient 3 and the property shall be sold by sealed bids. 4 The board of trustees may accept the highest bid, may reject any bid, 5 or reject all bids. If the real property was donated to the school dis- 6 trict the board may, within a period of one (1) year from the time of the 7 appraisal, sell the property without additional advertising or bidding. 8 Otherwise, the board of trustees must have new appraisals made and again 9 publish notice for bids, as before. If, thereafter, no satisfactory bid 10 is made and received, the board may proceed under its own direction to 11 sell and convey the property. In no case shall any real property of the 12 school district be sold for less than its appraisal. 13 The board of trustees may sell personal property, with an estimated 14 value of less than five hundred dollars ($500), without appraisal, by 15 sealed bid or at public auction, provided that there has been not less 16 than one (1) published advertisement prior to the sale of said property. 17 (b) Real and personal property may be exchanged hereunder for other prop- 18 erty if the consideration received by said school district shall be deemed 19 adequate by the board of trustees, provided, however, that aside from the 20 provisions of this paragraph hereof, any school district may by a vote of 21 one-half (1/2) plus one (1) of the members of the full board of trustees, 22 by resolution duly adopted, authorize the lease, transfer or conveyance of 23 any real or personal property owned by such school district to the govern- 24 ment of the United States, any city, county, the state of Idaho, the Idaho 25 state building authority, any hospital district organized under chapter 26 13, title 39, Idaho Code, any other school district, any library district, 27 any community college district, or any recreation district, with or with- 28 out any consideration accruing to the school district, when in the judg- 29 ment of the board of trustees it is for the interest of such school dis- 30 trict that said transfer or conveyance be made. 31 5. To enter into contracts with any city located within the boundaries of 32 the school district for the joint purchase, construction, development, mainte- 33 nance and equipping of playgrounds, ball parks, swimming pools, and other rec- 34 reational facilities upon property owned either by the school district or the 35 city. 36 6. To convey rights-of-way and easements for highway, public utility, and 37 other purposes over, upon or across any school property and, when necessary to 38 the use of such property for any such purpose, to authorize the removal of 39 school buildings to such new location, or locations, as shall be determined by 40 the board of trustees, and such removal shall be made at no cost or expense to 41 the school district. 42 7. To authorize the use of any school building of the district as a com- 43 munity center, or for any public purpose, and to establish a policy of 44 charges, if any, to be made for such use. 45 8. To exercise the right of eminent domain under the provisions of chap- 46 ter 7, title 7, Idaho Code, for any of the uses and purposes provided in sec- 47 tion 7-701, Idaho Code. 48 9. If there is a great public calamity, such as an extraordinary fire, 49 flood, storm, epidemic, or other disaster, or if it is necessary to do emer- 50 gency work to prepare for national or local defense, or it is necessary to do 51 emergency work to safeguard life, health or property, the board of trustees 52 may pass a resolution declaring that the public interest and necessity demand 53 the immediate expenditure of public money to safeguard life, health or prop- 54 erty. Upon adoption of the resolution, the board may expend any sum required 55 in the emergency without compliance with this section. 4 1 SECTION 3. That Section 33-905, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 33-905. SCHOOL DISTRICT BUILDING ACCOUNT -- PAYMENTS TO ACCOUNT -- MONEYS 4 APPROPRIATED TO STATE BOARD -- APPLICATION FOR MONEYS -- PAYMENTS TO DISTRICTS5 FROM ACCOUNT -- REPORTS ON APPLICATIONS -- USES OF MONEYS. (1 .) The state of 6 Idaho, recognizing its responsibility to establish and maintain a general, 7 uniform and thorough system of public, free common schools, in an effort to 8 partially fulfill this responsibility, hereby creates and establishes the 9 school district building account in the state treasury. The school district 10 building account shall have paid into it such appropriations or revenues as 11 may be provided by law. 12 (2 .) Moneys in the school district building account are hereby appropri- 13 ated to and may be expended by the state board of education at any time for 14 the purposes provided in this section, any provision of chapter 35, title 67, 15 Idaho Code, or chapter 36, title 67, Idaho Code, notwithstanding. 16 (3 .) (a) As to any moneys in the account other than lottery dividends17 distributed pursuant to subsection 4. of this sectionCommencing July 1, 18 2000, the board of trustees of any school district may apply to the state 19 board of education to receive a payment or payments or to have payments 20 made on its behalf from the school district building account ; provided, a21 district demonstrates to the state board of education that it has a sub-22 stantial and serious need based upon the district's classroom student-23 teacher ratios, past efforts to levy for such construction, physical con-24 dition of existing structures, and the total assessed market value of the25 district, all of which shall be further defined by actual need criteria26 established by the state board of educationfor school construction and 27 related planning, administrative and financing purposes. The board shall 28 establish appropriate criteria governing need, space, cost and use of 29 facilities to qualify for state funding participation in school district 30 construction. Only that portion of the project which qualifies according 31 to the criteria will qualify for state matching funds; provided that this 32 restriction shall not limit the school district from committing additional 33 funds derived from local funding sources for a project or any portion of a 34 project which does not qualify for state participation. 35 (b) When an application for moneys from the account is approved by the 36 state board of education, the state board shall inform the school district 37 that the application has been approved, citing the amount approved for 38 payment and an estimate of the time when the payment can actually be made 39 to or on behalf of the school district. 40 (4 .) By not later than August 31, moneys in the account pursuant to dis-41 tribution from section 67-7434, Idaho Code, the lottery dividends and interest42 earned thereon, shall be distributed to each of the several school districts,43 in the proportion that the average daily attendance of that district for the44 previous school year bears to the total average daily attendance of the state45 during the previous school year. For the purposes of this subsection 4. only,46 the Idaho school for the deaf and blind shall be considered a school district,47 and shall receive a distribution based upon the average daily attendance of48 the school. Average daily attendance shall be calculated as provided in sec-49 tion 33-1002 4. (5.), Idaho CodeA school district may apply for, and the 50 state board may approve, payment or payments from the account to match school 51 district funds to pay existing indebtedness incurred for school facilities in 52 the district which may be funded to the same extent as a proposed project on 53 the remaining indebtedness outstanding. 54 (5) The state board shall have authority to contract with a school dis- 5 1 trict to match school district funds in the amount of twenty percent (20%) 2 state funds to eighty percent (80%) school district funds for existing indebt- 3 edness or new projects authorized by the board. Upon a finding by the state 4 board of education that it is advantageous to do so, the board may contract 5 with the Idaho state building authority to secure all or part of the financing 6 necessary for a school project or projects authorized by the board, and commit 7 the current and future appropriations in the school district building account 8 to this purpose. 9 5.(6) All payments from the school district building account shall be 10 paid out directly to the school district in warrants drawn by the state con- 11 troller upon presentation of proper vouchers from the state board of education 12 or, when a project has been approved for financing by the Idaho state building 13 authority, paid out to the authority. Pending payments out of the school dis- 14 trict building account, the moneys in the account shall be invested by the 15 state treasurer in the same manner as provided under section 67-1210, Idaho 16 Code, with respect to other idle moneys in the state treasury. Interest earned 17 on the investments shall be returned to the school district building account. 18 6.(7) Payments from the school district building account received by a 19 school district may be used by the school district for the purposes authorized20 in section 33-1102, Idaho Codeas set forth herein. 21 7.(8) (a) By not later than December 1, each school district shall report 22 to the state department of education the projects on which moneys received 23 from the school district building account were expended. The state depart- 24 ment of education shall transmit a summary of such reports to the legisla- 25 ture by not later than January 15 of the following year. 26 (b) By not later than December 1, each school district shall report to 27 the state department of education the planned uses for the moneys received 28 from the school district building account. The state department of educa- 29 tion shall transmit a summary of the reports to the legislature by not 30 later than January 15 of the following year. 31 SECTION 4. That Chapter 9, Title 33, Idaho Code, be, and the same is 32 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 33 ignated as Section 33-905A, Idaho Code, and to read as follows: 34 33-905A. SCHOOL FACILITIES -- LOTTERY PROCEEDS. (1) The state of Idaho, 35 recognizing its unique responsibility to appropriately expend the proceeds of 36 the state lottery establishes the school facility lottery fund. The school 37 facility lottery fund shall have paid into it such appropriations or revenues 38 as may be provided by law. 39 (2) By not later than August 31 of each year, moneys in the fund shall be 40 distributed to each of the several school districts, in the proportion that 41 the average daily attendance of that district for the previous school year 42 bears to the total average daily attendance of the state during the previous 43 school year. Average daily attendance shall be calculated as provided in sec- 44 tion 33-1002 5., Idaho Code. This distribution shall be made as provided 45 herein, the provisions of chapter 35, title 67, Idaho Code, or chapter 36, 46 title 67, Idaho Code, notwithstanding. 47 (3) All payments from the school facility lottery fund shall be paid out 48 directly to the school district in warrants drawn by the state controller upon 49 presentation of proper vouchers from the state board of education. Pending 50 payments out of the school facility lottery fund, the moneys in the fund shall 51 be invested by the state treasurer in the same manner as provided under sec- 52 tion 67-1210, Idaho Code, with respect to other idle moneys in the state trea- 53 sury. Interest earned on the investments shall be returned to the school 6 1 facility lottery fund. 2 (4) Payments from the school facility lottery fund received by the school 3 district may be used by the school district for the purposes of maintenance, 4 repair and improvement of school facilities. 5 (5) After August 1, 2001, a school district shall be ineligible and shall 6 forfeit the distribution provided in this section if it has not developed and 7 filed a long-range maintenance plan for the facilities of the district with 8 the department of education. The plan shall be updated not less often than 9 every four (4) years. 10 SECTION 5. That Section 33-1111, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 33-1111. SALE OF BONDS. The board of trustees shall give notice of its 13 intent to sell a bond issue. 14 The notice shall be published once in a newspaper published in this state, 15 at least one (1) week prior to the day bids are opened. Said notice shall 16 describe the issue of bonds; shall state that the board of trustees will 17 receive sealed bids until a specified day and hour; and that said bids will be 18 opened at a regular or special meeting of the board at a time and place to be 19 named in the notice. Said notice may require such deposits of forfeits as the 20 board may deem necessary. 21 At the meeting held at the time and place named in the notice, the board 22 of trustees shall open the bids, and may sell the same to whomever shall make 23 the bid most advantageous to the school district, and the deposits of the 24 unsuccessful bidders shall thereupon be returned to them. Should the success- 25 ful bidder fail or refuse to tender payment of the amount required for the 26 purchase of the issue within ten (10) days after tender to him of the executed 27 bonds and a certified copy of the bond proceedings, his deposit shall be for- 28 feited; and the board may in its judgment accept the bid next most advanta- 29 geous, or readvertise the issue as before. 30 The board of trustees may reject any or all bids, and sell the bonds to 31 the Idaho state building authority or at private sale when this is found to be 32 in the best interest of the district. 33 No school bond shall at any time be sold at less than its par value. 34 SECTION 6. That Section 33-1002D, Idaho Code, be, and the same is hereby 35 amended to read as follows: 36 33-1002D. PROPERTY TAX REPLACEMENT. The purpose of this section is to 37 replace a portion of the authorized school maintenance and operation property 38 tax levy with state sales tax receiptsgeneral fund moneys. As used in this 39 section, the term "property tax computation ratio" shall mean a ratio deter- 40 mined by dividing the district's certified property tax maintenance and opera- 41 tion budget by the actual or adjusted market value for assessment purposes as 42 such values existed on December 31 of the previous calendar year. 43 (1) (a) In the case of a school district that had a property tax compu- 44 tation ratio of not less than four-tenths of one percent (.4%) in tax year 45 1994, that school district shall receive from the appropriations made for 46 that purpose, an amount equal to the greater of the district's actual or 47 adjusted market value for assessment purposes as such valuation existed on 48 December 31 of the previous calendar year multiplied by one-tentheight 49 one-hundredths of one percent (. 108%). 50 (b) In the case of a school district that had a property tax computation 51 ratio of less than four-tenths of one percent (.4%) in tax year 1994, the 7 1 greater of eighty percent (80%) times the sum of the 1992, 1993 or 1994 2 property tax computation ratio less three-tenths of one percent (.3%) 3 shall be designated the district's base multiplier. In no case shall the 4 base multiplier be less than zero (0). Four-tenths of one percent (.4%) 5 less eighty percent (80%) of the greater of the district's 1992, 1993 or 6 1994 property tax computation ratio shall be designated the district's 7 adjustment factor. In no case shall the adjustment factor be greater than 8 one-tenth of one percent (.1%) or less than zero (0). Each school 9 district's actual multiplier shall be the base multiplier plus one-fifth 10 (1/5) of the adjustment factor in tax year 1995, the base multiplier plus 11 two-fifths (2/5) of the adjustment factor in tax year 1996, the base mul- 12 tiplier plus three-fifths (3/5) of the adjustment factor in tax year 1997, 13 the base multiplier plus four-fifths (4/5) of the adjustment factor in tax 14 year 1998, and the base multiplier plus the adjustment factor in tax year 15 1999 and beyond. Each school district shall receive, from thean appropri- 16 ation smade for that purpose, an amount equal to the district's actual or 17 adjusted market value for assessment purposes as such valuation existed on 18 December 31 of the previous calendar year multiplied by the district's 19 actual multiplier. 20 (2) (a) Participation in this property tax reduction program is voluntary 21 for a charter district. If a charter district participates, in addition to 22 the provisions of subsection (1) of this section it shall not have a prop- 23 erty tax computation ratio that is above three-tenths of one percent 24 (.3%) or the district's property tax computation ratio in tax year 1994, 25 less one-tentheight one-hundredths of one percent (. 108%), whichever is 26 greater. 27 (b) If in any year the charter district's property tax computation ratio 28 used to calculate its maintenance and operation budget is increased above 29 the limit specified in this subsection the district shall not be eligible 30 for the distribution pursuant to subsection (1) of this section for that 31 year. 32 (3) In tax year 2000 and thereafter, the legislature shall annually 33 appropriate an additional twenty percent (20%) of the amount provided by this 34 section for property tax replacement and shall remit such amount to the school 35 district building account provided in section 33-905, Idaho Code. 36 (4) Limitations imposed upon a school district's property tax computation 37 ratio under the provisions of this section do not apply to any levy approved 38 by electors of the school district as provided by law. 39 ( 45) Distributions calculated as provided in this section shall be made 40 to school districts of this state in two (2) equal installments on the due 41 dates as specified in section 63-903(1), Idaho Code, for the property taxes 42 being replaced. 43 ( 56) For purposes of section 33-1002, Idaho Code, moneys distributed pur- 44 suant to this section shall not be included in determining total state funds. 45 SECTION 7. That Section 67-6402, Idaho Code, be, and the same is hereby 46 amended to read as follows: 47 67-6402. DEFINITIONS. As used in this chapter the following words and 48 terms have the following meanings, unless a different meaning clearly appears 49 from the context: 50 (a) "Authority" means the Idaho state building authority created and 51 established pursuant to section 67-6403, Idaho Code. 52 (b) "Bonds," "notes" or "bond anticipation notes" and "other obligations" 53 mean any bonds, notes, debentures, interim certificates or other evidences of 8 1 financial indebtedness, respectively, issued by the state building authority 2 pursuant to this chapter. 3 (c) "Federal government" means the United States of America, or any 4 agency or instrumentality, corporate or otherwise of the United States of 5 America. 6 (d) "Facility" means any work or undertaking, whether new construction or 7 rehabilitation, which is designed and financed pursuant to the provisions of 8 this act and designed for use as an office building, laboratory, library, din- 9 ing room, school building or other instructional facility, motor vehicle park- 10 ing, storage or service facility or for any other use by any state body and 11 all other real or personal properties which are necessary, convenient, or 12 desirable appurtenances, such as but not limited to streets, sewers, utili- 13 ties, parks, site preparation, landscaping, and such equipment which may be 14 necessary to constitute a fully equipped and modern officebuilding as the 15 authority determines to be necessary or convenient to accomplish the purposes 16 of this act. 17 (e) "Municipality" means any city, municipal corporation, or other polit- 18 ical subdivision of this state. 19 (f) "Real property" means all lands, including improvements and fixtures 20 thereon, and property of any nature appurtenant thereto, or used in connection 21 therewith, and every estate, interest and right, legal or equitable, therein, 22 including terms of years and liens by way of judgment, mortgage or otherwise 23 and the indebtedness secured by such liens. 24 (g) "State" means the state of Idaho. 25 (h) "State body" means any department, board, commission, or agency of 26 the state of Idaho or any school district in the state. 27 SECTION 8. That Section 67-6404, Idaho Code, be, and the same is hereby 28 amended to read as follows: 29 67-6404. DECLARATION OF POLICY. It is hereby declared: 30 (a) the functions of government have multiplied many times since the 31 admission of the state of Idaho into the union in 1890; 32 (b) in view of the many increased functions of government, it is neces- 33 sary that proper provision of office space and related facilities for the many 34 departments, agencies and commissions of state government and its instrumen- 35 talities be provided; many such state governmental bodies are inadequately 36 provided with the necessary office space and related facilities; 37 (c) it is to the economic benefit of the citizens of the state of Idaho 38 to provide sufficient office space and the necessary related facilities for 39 such state governmental bodies and thus provide a more efficient and more eco- 40 nomical operation of state government. 41 It is further declared that in order to provide for a fully adequate sup- 42 ply of governmental facilities at costs that state government can afford, the 43 legislature finds it necessary to create and establish a state building 44 authority for the purpose of constructing and operating such facilities to 45 meet the needs of the state government. 46 It is hereby further declared to be necessary and in the public interest 47 that such state building authority provide for predevelopment costs, temporary 48 financing, land development expenses, construction and operation of governmen- 49 tal facilities for rental to state government. 50 It is further declared that it is in the public interest and a benefit to 51 the citizens of the state that adequate school buildings and other instruc- 52 tional facilities necessary for educational purposes, authorized by the board 53 of trustees of a school district and funded as provided by law through an 9 1 election or otherwise, and authorized by the Idaho state board of education 2 for funding as provided in section 33-905, Idaho Code, are provided to the 3 citizens in the most timely and cost-efficient manner. 4 It is hereby further declared that the foregoing are public purposes and 5 uses for which public moneys may be borrowed, expended, advanced, loaned, or 6 granted, and that such activities serve a public purpose in improving or 7 otherwise benefiting the people of this state; that the necessity of enacting 8 the provisions hereinafter set forth is in the public interest and is hereby 9 so declared as a matter of express legislative determination. 10 SECTION 9. That Section 67-6409, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 67-6409. GENERAL POWERS OF THE AUTHORITY. The authority is hereby 13 granted, has and may exercise all powers necessary or appropriate to carry out 14 and effectuate its corporate purposes, including, without limitation, the fol- 15 lowing: 16 (a) sue and be sued in its own name; 17 (b) have an official seal and to alter the same at pleasure; 18 (c) have perpetual succession; 19 (d) maintain an office at such place or places within this state as it 20 may designate; 21 (e) adopt and from time to time amend and repeal by-lawsbylaws and rules 22 and regulations, not inconsistent with this chapter, to carry into effect the 23 powers and purposes of the authority and the conduct of its business; 24 (f) make and execute contracts and all other instruments necessary or 25 convenient for the exercise of its powers and functions; 26 (g) acquire real or personal property, or any interest therein, on either 27 a temporary or long-term basis in the name of the authority by gift, purchase, 28 transfer, foreclosure, lease or otherwise including rights or easements; hold, 29 sell, assign, lease, encumber, mortgage or otherwise dispose of any real or 30 personal property, or any interest therein, or mortgage interest owned by it 31 or under its control, custody or in its possession and release or relinquish 32 any right, title, claim, lien, interest, easement or demand however acquired, 33 including any equity or right of redemption in property foreclosed by it and 34 to do any of the foregoing by public sale, with such public bidding as shall 35 be required by the provisions of any other law; 36 (h) to lease or rent any lands, buildings, structures, facilities or 37 equipment from private parties to effectuate the purposes of this act; 38 (i) to enter into agreements or other transactions with and accept grants 39 and the cooperation of the United States or any agency thereof or of the state 40 of Idaho or any agency or governmental subdivision thereof in furtherance of 41 the purposes of this act, including but not limited to the development, main- 42 tenance, operation and financing of any facility and to do any and all things 43 necessary in order to avail itself of such aid and cooperation; 44 (j) to receive and accept aid or contributions from any source of money, 45 property, labor or other things of value, to be held, used and applied to 46 carry out the purposes of this act subject to such conditions upon which such 47 grants and contributions may be made, including, but not limited to, gifts or 48 grants from any department or agency of the United States or this state for 49 any purpose consistent with this act; 50 (k) to employ architects, engineers, attorneys, accountants, building 51 construction and financial experts and such other advisors, consultants and 52 agents as may be necessary in its judgment and to fix their compensation; 53 (l) to procure insurance against any loss in connection with its property 10 1 and other assets in such amounts and from such insurers as it deems desirable; 2 (m) to invest any funds not needed for immediate use or disbursement, 3 including any funds held in reserve, in: 4 (1) bonds, notes and other obligations of the United States or any agency 5 or instrumentality thereof and other securities secured by such bonds, 6 notes or other obligation; 7 (2) money market funds which are insured or the assets of which are lim- 8 ited to obligations of the United States or any agency or instrumentality 9 thereof; 10 (3) time certificates of deposit and savings accounts; 11 (4) commercial paper which, at the time of its purchase, is rated in the 12 highest category by a nationally recognized rating service; and 13 (5) property or securities in which the state treasurer may invest funds 14 in the state treasury pursuant to section 67-1210, Idaho Code. 15 (n) to borrow money and issue bonds and notes or other evidences of 16 indebtedness thereof as hereinafter provided; 17 (o) to the extent permitted under its contract with the holders of bonds, 18 notes and other obligations of the authority to consent to any modification of 19 any contract, lease or agreement of any kind to which the authority is a 20 party; 21 (p) to manage or operate real and personal property, in the state, take 22 assignments of leases and rentals, proceed with foreclosure actions, or take 23 any other action necessary or incidental to the performance of its corporate 24 duties; 25 (q) to make and enter into all contracts and agreements necessary or 26 incidental to the performance of its duties and the execution of its powers 27 under this chapter; 28 (r) to plan, carry out, acquire, lease and operate facilities and to pro- 29 vide for the construction, reconstruction, improvement, alteration or repair 30 of any facility or part thereof; 31 (s) to sell, lease, rent or sublease to any state body, any facility or 32 any space embraced in any facility constructed or leased under this act, to 33 establish and revise the rents or charges therefor and to do any other acts 34 necessary to the management and operation of its facilities; 35 (t) to purchase bonds, notes and other obligations of any school district 36 of the state of Idaho; 37 (u) to convey, with or without consideration, any real or personal prop- 38 erty to any state body; and 39 (v) to do any act necessary or convenient to the exercise of the powers 40 herein granted or reasonably implied therefrom. 41 SECTION 10. That Section 67-6410, Idaho Code, be, and the same is hereby 42 amended to read as follows: 43 67-6410. PROCEDURE PRIOR TO FINANCING BUILDING DEVELOPMENTS OR BUILDING 44 PROJECTS. Notwithstanding any other provision of this act, the authority is 45 not empowered to finance any facility pursuant to section 67-6409, Idaho Code, 46 unless: 47 (a) Prior approval by the legislature has been given by concurrent reso- 48 lution authorizing a state body to have the authority provide a specific 49 facility; 50 (b) A state body has entered into an agreement with the authority for the 51 authority to provide a facility; 52 (c) Prior approval by the legislature pursuant to subsection (a) of this 53 section is not required where the facility is a school building or related 11 1 education facility, to be financed by the authority, after approval by the 2 state board of education and the board of trustees of the school district as 3 provided in section 33-905, Idaho Code; 4 (d) The authority finds that the building development or building project 5 to be assisted pursuant to the provisions of this act, will be of public use 6 and will provide a public benefit. 7 SECTION 11. That Section 67-7434, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 67-7434. LOTTERY DIVIDENDS. Annually, on July 1, the lottery shall trans- 10 fer one-half (1/2) of its net income to the permanent building account and 11 one-half (1/2) of its net income to the school district building account12 facility lottery fund, after reserving sufficient moneys to ensure the contin- 13 uation of the lottery, as determined by the director and commission. 14 A one (1) time allotment of two hundred thousand dollars ($200,000) of the 15 lottery's first year dividends shall be allocated and used by the permanent 16 building fund advisory council for the construction of a Vietnam veterans 17 memorial in the state.
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000 Moved by Riggs Seconded by Schroeder IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1481 1 AMENDMENT TO THE BILL 2 On page 6 of the printed bill, delete lines 34 through 51, and delete page 3 7; and on page 8, delete lines 1 through 49 and insert: 4 "SECTION 6. That Section 33-1002D, Idaho Code, be, and the same is hereby 5 amended to read as follows: 6 33-1002D. PROPERTY TAX REPLACEMENT. The purpose of this section is to 7 replace a portion of the authorized school maintenance and operation property 8 tax levy with state sales tax receiptsgeneral fund moneys. As used in this 9 section, the term "property tax computation ratio" shall mean a ratio deter- 10 mined by dividing the district's certified property tax maintenance and opera- 11 tion budget by the actual or adjusted market value for assessment purposes as 12 such values existed on December 31 of the previous calendar year. 13 (1) (a) In the case of a school district that had a property tax compu- 14 tation ratio of not less than four-tenths of one percent (.4%) in tax year 15 1994, that school district shall receive from the appropriations made for 16 that purpose, an amount equal to the greater of the district's actual or 17 adjusted market value for assessment purposes as such valuation existed on 18 December 31 of the previous calendar year multiplied by one-tentheight 19 one-hundredths of one percent (. 108%). 20 (b) In the case of a school district that had a property tax computation 21 ratio of less than four-tenths of one percent (.4%) in tax year 1994, the 22 greater of eighty percent (80%) times the sum of the 1992, 1993 or 1994 23 property tax computation ratio less three-tenths of one percent (.3%) 24 shall be designated the district's base multiplier. In no case shall the 25 base multiplier be less than zero (0). Four-tenths of one percent (.4%) 26 less eighty percent (80%) of the greater of the district's 1992, 1993 or 27 1994 property tax computation ratio shall be designated the district's 28 adjustment factor. In no case shall the adjustment factor be greater than 29 one-tenth of one percent (.1%) or less than zero (0). Each school 30 district's actual multiplier shall be the base multiplier plus one-fifth 31 (1/5) of the adjustment factor in tax year 1995, the base multiplier plus 32 two-fifths (2/5) of the adjustment factor in tax year 1996, the base mul- 33 tiplier plus three-fifths (3/5) of the adjustment factor in tax year 1997, 34 the base multiplier plus four-fifths (4/5) of the adjustment factor in tax 35 year 1998, and the base multiplier plus the adjustment factor in tax year 36 1999 and beyond. Each school district shall receive, from thean appropri- 37 ation smade for that purpose, an amount equal to the district's actual or 38 adjusted market value for assessment purposes as such valuation existed on 39 December 31 of the previous calendar year multiplied by the district's 40 actual multiplier. 41 (2) (a) Participation in this property tax reduction program is voluntary 42 for a charter district. If a charter district participates, in addition to 43 the provisions of subsection (1) of this section it shall not have a prop- 2 1 erty tax computation ratio that is above three-tenths of one percent 2 (.3%) or the district's property tax computation ratio in tax year 1994, 3 less one-tentheight one-hundredths of one percent (. 108%), whichever is 4 greater. 5 (b) If in any year the charter district's property tax computation ratio 6 used to calculate its maintenance and operation budget is increased above 7 the limit specified in this subsection the district shall not be eligible 8 for the distribution pursuant to subsection (1) of this section for that 9 year. 10 (3) In tax year 2000 and thereafter, the legislature shall annually 11 appropriate an additional twenty percent (20%) of the amount provided by this 12 section for property tax replacement and shall remit such amount to the school 13 district building account provided in section 33-905, Idaho Code. 14 (4) Limitations imposed upon a school district's property tax computation 15 ratio under the provisions of this section do not apply to any levy approved 16 by electors of the school district as provided by law. 17 ( 45) Distributions calculated as provided in this section shall be made 18 to school districts of this state in two (2) equal installments on the due 19 dates as specified in section 63-903(1), Idaho Code, for the property taxes 20 being replaced. 21 ( 56) For purposes of section 33-1002, Idaho Code, moneys distributed pur- 22 suant to this section shall not be included in determining total state funds. 23 ". 24 CORRECTION TO TITLE 25 On page 1, deletes lines 17 and 18 and insert: "TION 33-1002D, IDAHO CODE, 26 TO PROVIDE THAT PROPERTY TAX REPLACEMENT SHALL BE FROM APPROPRIATED GENERAL 27 FUNDS, TO REVISE THE DISTRIBUTION FORMULA TO DISTRICTS AND TO PROVIDE FOR AN 28 AMOUNT TO BE REMITTED TO THE SCHOOL DISTRICT BUILDING ACCOUNT;".
STATEMENT OF PURPOSE RS10038 The purpose of this legislation is to enact a Statewide Public School Facilities Funding Program. This bill would create a state/local matching Program which provides for the State to pay 20% of debt service for all new or currently outstanding school bonds, and/or state building revenue bonds used to finance school improvements. The program would be administered through the School District Building Account (33-905 Idaho Code). School districts would still pay 80% of bond costs. Funding for the State match would be provided by diverting 20% of the annual Property Tax Replacement which was created in 1995 and has now grown to $62 million. This funding approach, therefore, would preserve important local property tax relief, but it would be in the form of a 20% bond match. FISCAL NOTE 1. Diverting 20% of the Property Tax Relief Funds equals $12.3 million this year which would be transferred from Property Tax Replacement to the School District Building Account. 2. Net additional State Funds WOULD NOT be required. CONTACT: Senator Jack Riggs 332-1307 Senator Gary Schroeder 332-1321 AMENDED REVISED AMENDED REVISED STATEMENT OF PURPOSE/ FISCAL NOTE Bill No. S1481aa