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S1113..........................................................by EDUCATION
SCHOOL SAFETY AND HEALTH REVOLVING LOAN FUND - Repeals and amends existing
law to delete the School Safety and Health Revolving Loan Fund; and to
provide that the balance in the fund shall revert to the General Fund.
02/12 Senate intro - 1st rdg - to printing
02/13 Rpt prt - to Educ
02/23 Rpt out - rec d/p - to 2nd rdg
02/26 2nd rdg - to 3rd rdg
03/08 Ret'd to Educ
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1113
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO THE SCHOOL SAFETY AND HEALTH REVOLVING LOAN FUND; REPEALING SEC-
3 TION 33-1017, IDAHO CODE; PROVIDING THAT THE BALANCE IN THE SCHOOL SAFETY
4 AND HEALTH REVOLVING LOAN FUND SHALL REVERT TO THE GENERAL FUND; AND
5 AMENDING SECTION 33-1613, IDAHO CODE, TO STRIKE PROVISIONS FOR OBTAINING
6 LOANS FROM THE SCHOOL SAFETY AND HEALTH REVOLVING LOAN FUND.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 33-1017, Idaho Code, be, and the same is hereby
9 repealed.
10 SECTION 2. The balance in the School Safety and Health Revolving Loan
11 Fund on the effective date of this act shall revert to the General Fund.
12 SECTION 3. That Section 33-1613, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 33-1613. SAFE PUBLIC SCHOOL FACILITIES REQUIRED. (1) Definition. As used
15 in this section, "public school facilities" means the physical plant of
16 improved or unimproved real property owned or operated by a school district,
17 including school buildings, administration buildings, playgrounds, athletic
18 fields, etc., used by schoolchildren or school district personnel in the nor-
19 mal course of providing a general, uniform and thorough system of public, free
20 common schools, but does not include areas, buildings or parts of buildings
21 closed from or not used in the normal course of providing a general, uniform
22 and thorough system of public, free common schools. The aspects of a safe
23 environment conducive to learning as provided by section 33-1612, Idaho Code,
24 that pertain to the physical plant used to provide a general, uniform and
25 thorough system of public, free common schools are hereby defined as those
26 necessary to comply with the safety and health requirements set forth in this
27 section.
28 (2) Inspection. It is the duty of the board of trustees of every school
29 district at least once in every school year to require an independent inspec-
30 tion of the district's school facilities to determine whether those school
31 facilities comply with codes addressing safety and health standards for facil-
32 ities, including electrical, plumbing, mechanical, elevator, fire safety,
33 boiler safety, life safety, structural, snow loading, and sanitary codes,
34 adopted by or pursuant to the Idaho building code advisory act, chapter 41,
35 title 39, Idaho Code, adopted by the state fire marshal, adopted by generally
36 applicable local ordinances, or adopted by rule of the state board of educa-
37 tion and applicable to school facilities. The inspection shall be done pursu-
38 ant to section 39-4130, Idaho Code, or by an independent inspector profession-
39 ally qualified to conduct inspections under the applicable code. The results
40 of the inspection shall be presented to the board of trustees for their review
41 and consideration.
2
1 (3) Abatement required -- Reporting. The board of trustees shall, in
2 their sole discretion, accept or reject the results of the inspection in whole
3 or in part and in so doing shall identify any unsafe or unhealthy conditions
4 in the district. The board of trustees shall require that the unsafe or
5 unhealthy conditions be abated and shall instruct the district's personnel to
6 take necessary steps to abate unsafe or unhealthy conditions. The board of
7 trustees must issue a report in the same school year in which the inspections
8 are made declaring whether any unsafe or unhealthy conditions identified have
9 not been abated. The state board of education may, by rule, provide for uni-
10 form reporting of unsafe and unhealthy conditions and for uniform reporting of
11 abatement or absence of abatement of unsafe and unhealthy conditions.
12 (4) Costs of and plan of abatement. If the school district can abate all
13 unsafe or unhealthy conditions identified with the funds available to the dis-
14 trict, it shall do so, and it need not separately account for the costs of
15 abatement nor segregate funds expended for abatement. If the school district
16 cannot abate all unsafe or unhealthy conditions identified with the funds
17 available to it, the board of trustees shall direct that a plan of abatement
18 be prepared. The plan of abatement shall provide a timetable that shall begin
19 no later than the following school year and that shall provide for abatement
20 with all deliberate speed of unsafe and unhealthy conditions identified. The
21 district shall immediately begin to implement its plan of abatement and must
22 separately account for its costs of abatement of unsafe and unhealthy condi-
23 tions and separately segregate funds for the abatement of unsafe and unhealthy
24 conditions as required by subsection (5) of this section.
25 (5) Special provisions for implementation of plan of abatement.
26 (a) Notwithstanding any other provisions of law concerning expenditure of
27 lottery moneys distributed to the school district, all lottery moneys pro-
28 vided to the school district for a school year in which the school dis-
29 trict cannot abate unsafe or unhealthy conditions identified and not
30 legally encumbered to other uses at the time and all lottery moneys for
31 following school years shall be segregated and expended exclusively for
32 abatement of unsafe and unhealthy conditions identified until all of the
33 unhealthy and unsafe conditions identified are abated, provided, if the
34 school district has obtained a loan from the safety and health revolving
35 loan fund, the provisions of section 33-1017, Idaho Code, and the condi-
36 tions of the loan shall determine the use of the district's lottery moneys
37 during the term of the loan.
38 (b) If the lottery moneys referred to in paragraph (a) of this subsection
39 will, in the board of trustees' estimation, be insufficient to abate the
40 unsafe and unhealthy conditions identified, the plan of abatement shall
41 identify additional sources of funds to complete the abatement of the
42 unsafe and unhealthy conditions. The board of trustees may choose from
43 among the following sources, or from other sources of its own identifica-
44 tion, but the plan of abatement must identify sufficient sources of funds
45 for abatement.
46 (i) If the school district is not levying under chapter 8, title
47 33, Idaho Code, at the maximum levies allowed by law for levies that
48 may be imposed by a board of trustees without an election, the board
49 of trustees may increase any of those levies as allowed by law for
50 the school year following the school year in which it was unable to
51 abate unsafe or unhealthy conditions identified.
52 (ii) If the school district is levying under chapter 8, title 33,
53 Idaho Code, at the maximum levies allowed by law for levies that may
54 be imposed by the board of trustees without an election; or, if after
55 increasing those levies to the maximum levies allowed by law for
3
1 levies that may be imposed by the board of trustees without an elec-
2 tion, there will still be insufficient funds to abate unsafe or
3 unhealthy conditions identified, the school district, after giving
4 notice and conducting a hearing, may declare a financial emergency.
5 and/or may apply for a loan from the safety and health revolving loan
6 fund as provided in section 33-1017, Idaho Code, to obtain funds to
7 abate the unsafe or unhealthy conditions identified.
8 (iii) Upon the declaration of a financial emergency, the board of
9 trustees shall have the power to impose a reduction in force, to
10 freeze some or all salaries in the district, and/or to suspend some
11 or all contracts that may be legally suspended upon the declaration
12 of a financial emergency; provided, that when a board of trustees
13 declares a financial emergency, or when a declaration of a financial
14 emergency is imposed by the state treasurer pursuant to section
15 33-1017, Idaho Code, and there is a reduction in force, some or all
16 salaries are frozen, or some contracts are suspended, the payments to
17 the school district under the foundation program of chapter 10, title
18 33, Idaho Code, and in particular the staff allowances under that
19 chapter, shall not be reduced during the duration of the financial
20 emergency as a result of a reduction in force, frozen salaries, or
21 suspended salaries from what the staff allowance would be without the
22 reduction in force, frozen salaries or suspended contracts.
23 (c) All costs of abatement for a program implementing plans of abatement
24 under subsection (5) of this section must be separately accounted for and
25 documented with regard to abatement of each unsafe or unhealthy condition
26 identified. Funds obtained under section 33-1017, Idaho Code, must be used
27 exclusively to abate unsafe or unhealthy conditions identified. Funds
28 obtained pursuant to section 33-1017, Idaho Code, in excess of funds nec-
29 essary to abate unsafe or unhealthy conditions identified must be returned
30 as provided in section 33-1017, Idaho Code. Return of these funds shall be
31 judicially enforceable as provided in section 33-1017, Idaho Code.
STATEMENT OF PURPOSE
RS 10650
Should legislation be approved that creates a school facility
support fund the revolving loan fund will not be necessary. In
addition the revolving loan fund has not been used nor is use
contemplated. Therefore, the funds in the revolving loan account
should be returned to the state general account.
FISCAL IMPACT
None
Contact
Name: Darrel Deide
Phone: 332-1345
STATEMENT OF PURPOSE/FISCAL NOTE S111