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H0315aa...................................................by WAYS AND MEANS
SCHOOL FACILITIES - Amends existing law to authorize grants within the
scope of the School Safety and Health Revolving Loan Fund; to restrict the
qualification for loans; to provide eligibility for grants and the method
for determining the qualifying percentage; to extend the scope of the
Uniform School Building Safety Act to charter schools and certain schools
operated by the state of Idaho
02/22 House intro - 1st rdg - to printing
02/23 Rpt prt - to Educ
02/27 Rpt out - to Gen Ord
02/28 Rpt out amen - to engros
03/01 Rpt engros - 1st rdg - to 2nd rdg as amen
03/02 2nd rdg - to 3rd rdg as amen
03/05 3rd rdg as amen - PASSED - 58-4-8
AYES -- Barraclough(Barraclough), Bedke, Bell, Bieter, Black, Boe,
Bolz, Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins,
Crow, Cuddy, Deal, Denney, Ellis, Ellsworth, Gagner, Gould, Hadley,
Harwood, Higgins, Hornbeck, Jaquet, Jones, Kellogg, Kunz, Lake,
Langford, Loertscher, Mader, Marley, McKague, Meyer, Montgomery,
Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Ridinger, Robison,
Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stone,
Swan(Hansen), Tilman, Trail, Young, Mr. Speaker
NAYS -- Barrett, Hammond, Kendell, Roberts
Absent and excused -- Eskridge, Field(13), Field(20), Henbest,
Raybould, Stevenson, Wheeler, Wood
Floor Sponsor -- Denney
Title apvd - to Senate
03/06 Senate intro - 1st rdg - to Educ
03/21 Rpt out - rec d/p - to 2nd rdg as amen
03/22 2nd rdg - to 3rd rdg as amen
03/23 3rd rdg as amen - PASSED - 30-3-2
AYES -- Andreason, Boatright, Branch, Brandt, Bunderson, Cameron,
Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Keough, King-Barrutia, Lee, Lodge, Noh, Risch,
Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Wheeler,
Whitworth, Williams,
NAYS -- Goedde, Richardson, Thorne
Absent and excused -- Burtenshaw, Ipsen
Floor Sponsor -- Deide
Title apvd - to House
03/26 To enrol
Rpt enrol - Sp signed
03/28 Pres signed
03/29 To Governor
04/04 Governor signed
Session Law Chapter 326
Effective: 04/04/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 315
BY WAYS AND MEANS COMMITTEE
1 AN ACT
2 RELATING TO SAFE SCHOOL FACILITIES; AMENDING SECTION 33-804A, IDAHO CODE, TO
3 INCLUDE A REFERENCE TO THE UNIFORM SCHOOL BUILDING SAFETY ACT AND TO
4 RESTRICT QUALIFICATION FOR LOANS TO NEW LOANS; AMENDING SECTION 33-1017,
5 IDAHO CODE, TO AUTHORIZE GRANTS WITHIN THE SCOPE OF THE SCHOOL SAFETY AND
6 HEALTH REVOLVING LOAN FUND, TO PROVIDE ELIGIBILITY FOR GRANTS AND METHOD
7 OF DETERMINING THE QUALIFYING PERCENTAGE; AMENDING SECTION 33-1613, IDAHO
8 CODE, TO REQUIRE SAFE SCHOOL FACILITIES IN PUBLIC SCHOOLS AND CERTAIN
9 OTHER SPECIFIED SCHOOLS; AMENDING SECTION 39-8003, IDAHO CODE, TO EXTEND
10 THE SCOPE OF THE UNIFORM SCHOOL BUILDING SAFETY ACT TO CHARTER SCHOOLS AND
11 CERTAIN SCHOOLS OPERATED BY THE STATE OF IDAHO; AMENDING SECTION 39-8008,
12 IDAHO CODE, TO PROVIDE AUTHORITY OF THE ADMINISTRATOR TO CAUSE PERSONS TO
13 BE RESTRAINED FROM ENTERING AN UNSAFE AREA; AND DECLARING AN EMERGENCY.
14 Be It Enacted by the Legislature of the State of Idaho:
15 SECTION 1. That Section 33-804A, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 33-804A. SCHOOL PLANT FACILITIES RESERVE FUND LEVY FOR SAFE SCHOOL FACIL-
18 ITIES. (1) Definition. As used in this section, public school facilities mean
19 the physical plant of improved or unimproved real property owned or operated
20 by a school district, including school buildings, administration buildings,
21 playgrounds, athletic fields, etc., used by schoolchildren or school district
22 personnel in the normal course of providing a general, uniform and thorough
23 system of public, free common schools, but does not include areas, buildings
24 or parts of buildings closed from or not used in the normal course of provid-
25 ing a general, uniform and thorough system of public, free common schools. The
26 aspects of a safe environment conducive to learning as provided by section
27 33-1612, Idaho Code, that pertain to the physical plant used to provide a gen-
28 eral, uniform and thorough system of public, free common schools are hereby
29 defined as those necessary to comply with the safety and health requirements
30 set forth in this section.
31 (2) Whenever under applicable law a board of trustees of a school dis-
32 trict has identified on the basis of an independent inspection of the
33 district's school facilities that some of those school facilities fail to com-
34 ply with codes addressing safety and health standards for facilities
35 (including electrical, plumbing, mechanical, elevator, fire safety, boiler
36 safety, life safety, structural, snow loading, and sanitary codes) adopted by
37 or pursuant to the Idaho building code advisory uniform school building safety
38 act, chapter 41 80, title 39, Idaho Code, adopted by the state fire marshal,
39 adopted by generally applicable local ordinances, or adopted by rule of the
40 state board of education and applicable to school facilities, and that those
41 school facilities that do not comply with codes addressing unsafe or unhealthy
42 conditions contain unsafe or unhealthy conditions that cannot be abated with
43 the school district's income from current sources, that school district shall
2
1 be eligible to participate in the Idaho safe schools facilities loan program
2 administered by Idaho banks. Eligibility to participate in the Idaho safe
3 schools facilities loan program shall not affect or disqualify any school dis-
4 trict from eligibility to participate in any other program to abate unsafe or
5 unhealthy conditions.
6 (3) In any school district in which a school plant facilities reserve
7 fund has been created, the period for which the school plant facilities
8 reserve fund levy may be in effect may extend beyond ten (10) years but not to
9 exceed twenty (20) years, provided that:
10 (a) The board of trustees shall determine that all or a portion of the
11 amount to be collected each year during the period of years in which the
12 levy is collected is made to abate, repair or replace school facilities
13 with unsafe or unhealthy conditions. or to repay principal or interest for
14 abatement, repair or replacement of school facilities with unsafe or
15 unhealthy conditions that earlier took place.
16 (b) The question of the levy to be submitted to the electors of a dis-
17 trict and the notice of such election shall state the dollar amount pro-
18 posed to be collected each year during the period of years in each of
19 which the collection is to be made to abate, repair or replace school
20 facilities for the purpose of providing buildings complying with codes
21 defining safe and healthy conditions as required by applicable law.
22 (c) The election for such a levy conducted pursuant to this section shall
23 be held on one (1) of the days authorized by section 34-106, Idaho Code.
24 The provisions of section 33-804, Idaho Code, that are not modified by this
25 section shall apply to levies made pursuant to this section.
26 SECTION 2. That Section 33-1017, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 33-1017. SCHOOL SAFETY AND HEALTH REVOLVING LOAN AND GRANT FUND. (1) Fund
29 created. There is hereby created a fund in the state treasury to be known as
30 the school safety and health revolving loan and grant fund to which shall be
31 credited all moneys that may be appropriated, apportioned, allocated and paid
32 back to that fund. Moneys in this fund shall be used exclusively as provided
33 in this section, except that moneys in this fund shall be returned to the bud-
34 get stabilization fund as provided in this section.
35 (2) Approval of loan or grant. A school district that does not have the
36 financial resources to abate unsafe or unhealthy conditions identified pursu-
37 ant to section 33-1613, Idaho Code, and which is eligible to seek additional
38 funds under subsection (5)(b)(ii) of section 33-1613, Idaho Code, may apply to
39 the state treasurer for a loan and, if eligible, a grant from the safety and
40 health revolving loan and grant fund. A school district that has borrowed
41 money from the Idaho safe school facilities loan program may apply for a grant
42 of interest from the safety and health revolving loan and grant fund. The loan
43 or grant shall be approved if the school district's loan application meets the
44 criteria of section 33-1613, Idaho Code, or section 33-804A, Idaho Code, and
45 of this section. If the board of examiners finds that existing and anticipated
46 loans or grants under this section have depleted the school safety and health
47 revolving loan and grant fund to an extent that the fund does not have avail-
48 able sufficient moneys to loan and grant to an eligible school district, the
49 board of examiners shall declare that additional loans or grants may be made
50 from the budget stabilization fund in section 57-814, Idaho Code, up to any
51 limits of the use of that fund provided by statute or declared by the governor
52 in time of general revenue shortfalls or major disaster.
53 (3) Conditions of loan or grant -- Repayment of loan.
3
1 (a) The school district's application shall identify the unsafe or
2 unhealthy conditions that would be abated with the proceeds of the loan or
3 grant and, if a loan, shall propose a method of and timetable for abating
4 those conditions and for repaying the loan.
5 (b) The state treasurer shall review the application to determine whether
6 the application is for abatement of unsafe or unhealthy conditions as
7 described in section 33-1613, Idaho Code, and to determine whether the
8 estimated costs of abatement and proposed plan of abatement is reasonable.
9 In reviewing the application, the state treasurer may call upon the assis-
10 tance of the state division of building safety, the state fire marshal,
11 the state department of administration, the state board of education, the
12 state department of education, or other knowledgeable persons to determine
13 whether conditions identified to be abated meet the criteria of section
14 33-1613, Idaho Code, and to determine whether the plan of abatement, esti-
15 mated costs of abatement and proposed methods of abatement are reasonable.
16 The state treasurer shall process the application for a loan or grant
17 within thirty-five (35) days after its receipt.
18 (i) If the state treasurer determines that the application has not
19 identified unsafe or unhealthy conditions as described in section
20 33-1613, Idaho Code, the state treasurer shall return the application
21 with a written statement that contains reasons why the loan or grant
22 application does not meet the criteria of this section and of section
23 33-1613, Idaho Code.
24 (ii) If the state treasurer determines that the application has
25 identified unsafe or unhealthy conditions as described in section
26 33-1613, Idaho Code, the state treasurer shall then determine whether
27 the application has proposed reasonable methods of and reasonable
28 estimates of costs of abatement. The state treasurer shall approve
29 the plan of abatement if the school district has proposed a reason-
30 able method of abatement and if its estimated costs of abatement are
31 reasonable; otherwise, the state treasurer shall return the applica-
32 tion with a written statement how the application can be amended to
33 qualify.
34 (c) If the application is for a loan, tThe state treasurer may accept the
35 school district's proposed method of and timetable for repaying the loan
36 or may impose reasonable alternative or substitute methods of and timeta-
37 bles for repayment consistent with this subsection, which alternative or
38 substitute methods shall be binding on the school district. At a minimum,
39 the school district shall be required to repay in each fiscal year suc-
40 ceeding the year of the loan an amount no less than the lottery proceeds
41 that the school district would otherwise receive for that fiscal year and
42 additional foundation support moneys, if any, accruing as a result of an
43 initial overestimation of state average daily attendance support units and
44 later distribution of residual amounts resulting from fewer support units
45 than originally estimated. The loan shall provide for the school safety
46 and health revolving loan and grant fund, or the budget stabilization
47 fund, to the extent that it was the source of the loan, to intercept the
48 lottery proceeds that would otherwise go to the school district until the
49 loan is fully repaid. In addition, the state treasurer may impose reason-
50 able fiscal conditions on the school district during the term of loan
51 repayment including, but not limited to, restrictions in use of otherwise
52 unrestricted school district moneys to assist in repayment of the loan or
53 in abatement of unsafe or unhealthy conditions, the declaration of a
54 financial emergency during some or all of the term of repayment of the
55 loan, or interception by the school safety and health revolving loan and
4
1 grant fund of a portion of the state foundation program payments under
2 chapter 10, title 33, Idaho Code, that would otherwise go to the school
3 district to repay the loan. The initial term of the loan shall not exceed
4 ten (10) years, but may be extended in the state treasurer's discretion
5 for another ten (10) years.
6 (d) If a loan is approved, the state treasurer shall establish a line of
7 credit for the school district and monthly reimburse the school district
8 for costs incurred to abate the unsafe or unhealthy conditions identified
9 as the reason for the loan. The state treasurer may prescribe forms and
10 procedures for administration of this line of credit.
11 (e) A school district may repay its loan or any portion of its loan in
12 advance at any time without penalty.
13 (4) Interest. Loans to school districts under this section shall bear
14 interest at the average rate of interest that would be available to the state
15 treasury were the loan funds retained in the state treasury, as determined by
16 the state treasurer.
17 (5) Certification of loan funds spent. If a school district obtains a
18 loan pursuant to this section, the board of trustees shall certify the total
19 expenditures of loaned funds that were actually spent to abate unsafe and
20 unhealthy conditions.
21 (6) Excess funds. If any funds loaned pursuant to this section were not
22 spent on abatement of unsafe and unhealthy conditions, they must be returned
23 to the school safety and health loan and grant fund or the budget stabiliza-
24 tion fund, as the case may be. This subsection shall be judicially enforceable
25 by the state treasurer, and any amounts due for repayment under this subsec-
26 tion may be recovered by offset from state foundation program moneys that
27 would otherwise be paid to the school district.
28 (7) Eligibility for grant. School districts that borrow money from the
29 Idaho safe schools facilities loan program pursuant to section 33-804A, Idaho
30 Code, or that refinance through the Idaho safe schools facilities loan program
31 loans for money borrowed under this section after complying with the provi-
32 sions of section 33-1613, Idaho Code, may apply for a grant from the school
33 safety and health revolving loan and grant fund to pay for eligible interest
34 costs incurred on loan proceeds used to abate unsafe and unhealthy conditions.
35 If the school district's application for a grant is accepted, then the school
36 district will qualify for a grant of the present value of the qualifying per-
37 centage of the interest costs of the loan associated with abating unsafe and
38 unhealthy conditions as follows:
39 (a) If the school district is participating in the Idaho safe schools
40 facilities loan program, within seven (7) days after the approved school
41 district receives loan proceeds from the Idaho safe schools facilities
42 loan fund, the state treasurer shall provide funds to the school district
43 in the amount of the qualifying percentage of the present value of the
44 interest costs associated with abating unsafe and unhealthy conditions.
45 (b) If a school district has obtained a loan from the school health and
46 safety revolving loan and grant fund and has refinanced its loan through
47 the Idaho safe schools facilities program and prepays the outstanding
48 principal of its loan, the school district shall be eligible for a grant
49 of the qualifying percentage of the present value of the outstanding
50 interest costs associated with the prepaid principal.
51 (8) Present value. The present value of the interest costs associated
52 with money borrowed under the Idaho safe schools facilities loan program shall
53 be calculated by the state treasurer using a method of equal annual loan pay-
54 ments and a discount rate of the interest rate prescribed in subsection (4) of
55 this section on the date that the school district receives funds from the
5
1 Idaho safe schools facilities loan fund. The present value of the unpaid
2 interest costs for principal prepayments to the school safety and health
3 revolving loan and grant fund shall be calculated by the state treasurer by
4 summing the unpaid interest that would be paid without the principal prepay-
5 ment and discounting it at the interest rate prescribed in subsection (4) of
6 this section on the date that the treasurer receives the prepayment.
7 (9) Qualifying percentage. The qualifying percentage of the interest
8 costs of a school district applying for a grant of interest under this section
9 shall be determined as follows: For a school district borrowing money under
10 the Idaho safe schools facilities loan program or refinancing a loan made
11 under this section with money borrowed under the Idaho safe schools facilities
12 program, the state treasurer shall express:
13 (a) the total of the bond and plant facilities levies imposed by the
14 school district (including the levy for which the application is made),
15 and
16 (b) the total levies imposed by the school district (including the levy
17 for which the application is made)
18 as a fraction of assessed value for the most recent assessment against which
19 the school district's existing levies are made.
20 The qualifying percentage of interest granted under this section shall be
21 the higher of the amounts shown in the following tables:
22 Table 1 - Bond and Plant Facilities Levies
23 Bond Plus Plant Facilities Levy Qualifying Percentage
24 Less than .0019............................................................10%
25 More than .0019 and less than .0029........................................20%
26 More than .0029 and less than .0039........................................30%
27 More than .0039............................................................40%
28 Table 2 - Total Levies
29 Total Levy Qualifying Percentage
30 Less than .0060.............................................................0%
31 More than .0060 and less than .0072........................................25%
32 More than .0072 and less than .0084........................................50%
33 More than .0084 and less than .0096........................................75%
34 More than .0096...........................................................100%
35 (10) Interest costs for abatement of unsafe and unhealthy conditions. The
36 interest costs for abatement of unsafe and unhealthy conditions shall be cal-
37 culated by determining the percentage of the loan proceeds or prepayment of
38 the loan that will be used to abate unsafe and unhealthy conditions; provided
39 that if over sixty percent (60%) of the loan proceeds or prepayment of the
40 loan are to be used to abate unsafe and unhealthy conditions, then the entire
41 interest costs shall be considered to be used for abatement of unsafe and
42 unhealthy conditions.
43 (11) Procedures. The state treasurer may prescribe forms for applying for
44 a loan or grant under this section. No actions taken under this section are
45 contested cases or rulemaking subject to chapter 52, title 67, Idaho Code, and
46 none of the contested case or rulemaking procedures of chapter 52, title 67,
47 Idaho Code, apply to actions taken under this section.
48 (12) The state treasurer's authority to accept applications for and to
49 approve grants of interest from the school safety and health revolving loan
50 and grant fund shall cease on July 1, 2004.
51 SECTION 3. That Section 33-1613, Idaho Code, be, and the same is hereby
52 amended to read as follows:
53 33-1613. SAFE PUBLIC SCHOOL FACILITIES REQUIRED. (1) Definition. As used
6
1 in this section, "public school facilities" means the physical plant of
2 improved or unimproved real property owned or operated by a school district, a
3 charter school, or a school for children in any grades kindergarten through
4 twelve (12) that is operated by the state of Idaho, including school build-
5 ings, administration buildings, playgrounds, athletic fields, etc., used by
6 schoolchildren or school district personnel in the normal course of providing
7 a general, uniform and thorough system of public, free common schools, but
8 does not include areas, buildings or parts of buildings closed from or not
9 used in the normal course of providing a general, uniform and thorough system
10 of public, free common schools. The aspects of a safe environment conducive to
11 learning as provided by section 33-1612, Idaho Code, that pertain to the phys-
12 ical plant used to provide a general, uniform and thorough system of public,
13 free common schools are hereby defined as those necessary to comply with the
14 safety and health requirements set forth in this section.
15 (2) Inspection. It is the duty of the board of trustees of every school
16 district and the governing body for other schools described in subsection (1)
17 of this section at least once in every school year to require an independent
18 inspection of the school district's or other entity's school facilities to
19 determine whether those school facilities comply with codes addressing safety
20 and health standards for facilities, including electrical, plumbing, mechani-
21 cal, elevator, fire safety, boiler safety, life safety, structural, snow load-
22 ing, and sanitary codes, adopted by or pursuant to the Idaho building code
23 advisory uniform school building safety act, chapter 41 80, title 39, Idaho
24 Code, adopted by the state fire marshal, adopted by generally applicable local
25 ordinances, or adopted by rule of the state board of education and applicable
26 to school facilities. The inspection shall be done pursuant to section 39-4130
27 chapter 80, title 39, Idaho Code, or by an independent inspector profession-
28 ally qualified to conduct inspections under the applicable code. The results
29 of the inspection shall be presented to the board of trustees or other govern-
30 ing body for their its review and consideration.
31 (3) Abatement required -- Reporting. The board of trustees or other gov-
32 erning body shall, in their its sole discretion, accept or reject the results
33 of the inspection in whole or in part and in so doing shall identify any
34 unsafe or unhealthy conditions in the school district or other entity. The
35 board of trustees or other governing body shall require that the unsafe or
36 unhealthy conditions be abated and shall instruct the school district's or
37 other entity's personnel to take necessary steps to abate unsafe or unhealthy
38 conditions. The board of trustees or other governing body must issue a report
39 in the same school year in which the inspections are made declaring whether
40 any unsafe or unhealthy conditions identified have not been abated. The state
41 board of education may, by rule, provide for uniform reporting of unsafe and
42 unhealthy conditions and for uniform reporting of abatement or absence of
43 abatement of unsafe and unhealthy conditions.
44 (4) Costs of and plan of abatement. If the school district or other
45 entity described in subsection (1) of this section can abate all unsafe or
46 unhealthy conditions identified with the funds available to the school dis-
47 trict or other entity, it shall do so, and it need not separately account for
48 the costs of abatement nor segregate funds expended for abatement. If the
49 school district or other entity cannot abate all unsafe or unhealthy condi-
50 tions identified with the funds available to it, the board of trustees or
51 other governing body shall direct that a plan of abatement be prepared. The
52 plan of abatement shall provide a timetable that shall begin no later than the
53 following school year and that shall provide for abatement with all deliberate
54 speed of unsafe and unhealthy conditions identified. The school district or
55 other entity shall immediately begin to implement its plan of abatement and
7
1 must separately account for its costs of abatement of unsafe and unhealthy
2 conditions and separately segregate funds for the abatement of unsafe and
3 unhealthy conditions as required by subsection (5) of this section.
4 (5) Special provisions for implementation of plan of abatement.
5 (a) Notwithstanding any other provisions of law concerning expenditure of
6 lottery moneys distributed to the school district or other entity, all
7 lottery moneys provided to the school district or other entity for a
8 school year in which the school district cannot abate unsafe or unhealthy
9 conditions identified and not legally encumbered to other uses at the time
10 and all lottery moneys for following school years shall be segregated and
11 expended exclusively for abatement of unsafe and unhealthy conditions
12 identified until all of the unhealthy and unsafe conditions identified are
13 abated, provided, if the school district has obtained a loan from the
14 safety and health revolving loan and grant fund, the provisions of section
15 33-1017, Idaho Code, and the conditions of the loan shall determine the
16 use of the school district's lottery moneys during the term of the loan.
17 (b) If the lottery moneys referred to in paragraph (a) of this subsection
18 will, in the board of trustees' or other governing bodies' estimation, be
19 insufficient to abate the unsafe and unhealthy conditions identified, the
20 plan of abatement shall identify additional sources of funds to complete
21 the abatement of the unsafe and unhealthy conditions. The board of
22 trustees may choose from among the following sources, or from other
23 sources of its own identification, but the plan of abatement must identify
24 sufficient sources of funds for abatement.
25 (i) If the school district is not levying under chapter 8, title
26 33, Idaho Code, at the maximum levies allowed by law for levies that
27 may be imposed by a board of trustees without an election, the board
28 of trustees may increase any of those levies as allowed by law for
29 the school year following the school year in which it was unable to
30 abate unsafe or unhealthy conditions identified.
31 (ii) If the school district is levying under chapter 8, title 33,
32 Idaho Code, at the maximum levies allowed by law for levies that may
33 be imposed by the board of trustees without an election; or, if after
34 increasing those levies to the maximum levies allowed by law for
35 levies that may be imposed by the board of trustees without an elec-
36 tion, there will still be insufficient funds to abate unsafe or
37 unhealthy conditions identified, the school district, after giving
38 notice and conducting a hearing, may declare a financial emergency
39 and/or may apply for a loan or, if eligible, an interest grant from
40 the safety and health revolving loan and grant fund as provided in
41 section 33-1017, Idaho Code, to obtain funds to abate the unsafe or
42 unhealthy conditions identified.
43 (iii) Upon the declaration of a financial emergency, the board of
44 trustees shall have the power to impose a reduction in force, to
45 freeze some or all salaries in the school district, and/or to suspend
46 some or all contracts that may be legally suspended upon the declara-
47 tion of a financial emergency; provided, that when a board of
48 trustees declares a financial emergency, or when a declaration of a
49 financial emergency is imposed by the state treasurer pursuant to
50 section 33-1017, Idaho Code, and there is a reduction in force, some
51 or all salaries are frozen, or some contracts are suspended, the pay-
52 ments to the school district under the foundation program of chapter
53 10, title 33, Idaho Code, and in particular the staff allowances
54 under that chapter, shall not be reduced during the duration of the
55 financial emergency as a result of a reduction in force, frozen sala-
8
1 ries, or suspended salaries from what the staff allowance would be
2 without the reduction in force, frozen salaries or suspended con-
3 tracts.
4 (c) All costs of abatement for a program implementing plans of abatement
5 under subsection (5) of this section must be separately accounted for and
6 documented with regard to abatement of each unsafe or unhealthy condition
7 identified. Funds obtained under section 33-1017, Idaho Code, must be used
8 exclusively to abate unsafe or unhealthy conditions identified. Funds
9 obtained pursuant to section 33-1017, Idaho Code, in excess of funds nec-
10 essary to abate unsafe or unhealthy conditions identified must be returned
11 as provided in section 33-1017, Idaho Code. Return of these funds shall be
12 judicially enforceable as provided in section 33-1017, Idaho Code.
13 SECTION 4. That Section 39-8003, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 39-8003. SCOPE. This act shall apply to all facilities, existing now or
16 constructed in the future, that are owned, leased or used for educational pur-
17 poses by public school districts, charter schools, or a school for children in
18 any grades kindergarten through twelve (12) that is operated by the state of
19 Idaho receiving state funding. The authority granted under this act shall not
20 prohibit local governments from acting to enforce applicable building and fire
21 codes.
22 SECTION 5. That Section 39-8008, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 39-8008. ADDITIONAL DUTIES OF ADMINISTRATOR -- RIGHT OF INSPECTION --
25 POSTING. (1) The administrator shall have authority to enter all public school
26 facilities covered by this chapter at reasonable times and inspect such facil-
27 ities for compliance with the Idaho uniform school building safety code.
28 (2) If the administrator finds a violation of the Idaho uniform school
29 building safety code that he concludes does not constitute an imminent safety
30 hazard, he shall notify in writing the school district superintendent, princi-
31 pal, board member, or other person in charge.
32 (3) If the administrator finds a violation of the Idaho uniform school
33 building safety code that he concludes constitutes an imminent safety hazard,
34 he shall immediately notify the department of administration and request that
35 the department of administration designate a licensed professional to inde-
36 pendently evaluate the condition prior to taking any action or issuing any
37 report under this chapter. The department of administration shall, within two
38 (2) working days, designate a licensed professional to independently evaluate
39 the condition identified. That licensed professional shall, within fourteen
40 (14) days, complete its independent evaluation of the condition identified by
41 the administrator and notify the director of the department of administration
42 of its conclusions. If the administrator determines that the condition consti-
43 tuting an imminent safety hazard could reasonably be expected to cause death
44 or serious physical harm before the evaluation of the department of adminis-
45 tration can be completed and before the condition can be eliminated, he shall
46 determine the extent of the area where such condition exists and thereupon
47 shall issue a written order or notice requiring the school district superin-
48 tendent, principal, board member or other person in charge to cause all per-
49 sons, except those necessary to eliminate the condition, to be withdrawn from,
50 and to be restrained from entering, such area pending the evaluation of the
51 department of administration. This order shall be withdrawn if the evaluation
9
1 of the department of administration does not concur with the administrator
2 that the condition constitutes an imminent safety hazard as could reasonably
3 be expected to cause death or serious physical harm before the condition can
4 be eliminated.
5 (4) If the department of administration agrees with the determination of
6 the administrator that a condition identified constitutes an imminent safety
7 hazard, the department of administration shall, within three (3) working days,
8 so notify the administrator in writing.
9 (5) Upon receipt of such notification in writing, the administrator shall
10 immediately serve, or cause to be served, written notice or order upon the
11 school district superintendent, principal, board member or other person in
12 charge describing the imminent safety hazard. The administrator shall also
13 notify in writing the state superintendent of public instruction of such immi-
14 nent safety hazard. Upon receipt of such written notice or order, the school
15 district superintendent, principal, board member, or other person in charge
16 shall require all changes necessary to eliminate the imminent safety hazard be
17 made, without delay and within the time specified by the administrator in the
18 notice or order. If the condition presenting an imminent safety hazard is not
19 corrected within the specified time, or if the administrator determines that
20 the condition constituting such imminent safety hazard could reasonably be
21 expected to cause death or serious physical harm before the condition can be
22 eliminated, if he has not previously done so he shall determine the extent of
23 the area where such condition exists and thereupon shall issue an order or
24 notice requiring the school district superintendent, principal, board member,
25 or other person in charge to cause all persons, except those necessary to
26 eliminate the condition, to be withdrawn from, and to be restrained from
27 entering, such area. The school district superintendent, principal, board mem-
28 ber, or other person in charge shall assist the administrator as necessary to
29 post such areas to prevent injury.
30 (6) The administrator shall follow up on the school district's progress
31 in addressing any identified imminent safety hazard to ensure that appropriate
32 corrective action was taken. The administrator may extend the time for com-
33 pleting corrective action if he deems necessary.
34 (7) Upon completion of corrective action and verification of such comple-
35 tion by the division of building safety and the department of administration,
36 the administrator shall provide a report to the state superintendent of public
37 instruction, the local superintendent of schools and the chair of the local
38 school board.
39 SECTION 6. An emergency existing therefor, which emergency is hereby
40 declared to exist, this act shall be in full force and effect on and after its
41 passage and approval.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
Moved by Denney
Seconded by Young
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 315
1 AMENDMENTS TO SECTION 2
2 On page 2 of the printed bill, in line 44, delete "or section 33-804A,
3 Idaho Code,"; in line 48, delete "and grant"; and in line 49, delete "or
4 grants".
5 On page 4, in line 28, following "grant." delete "School" and insert:
6 "After complying with the provisions of section 33-1613, Idaho Code, school";
7 and in lines 31 and 32, delete "after complying with the provisions of section
8 33-1613, Idaho Code,".
9 On page 5, in line 38, following "conditions" delete the remainder of the
10 line and delete all of lines 39, 40, 41 and 42, and insert: ".".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 315, As Amended
BY WAYS AND MEANS COMMITTEE
1 AN ACT
2 RELATING TO SAFE SCHOOL FACILITIES; AMENDING SECTION 33-804A, IDAHO CODE, TO
3 INCLUDE A REFERENCE TO THE UNIFORM SCHOOL BUILDING SAFETY ACT AND TO
4 RESTRICT QUALIFICATION FOR LOANS TO NEW LOANS; AMENDING SECTION 33-1017,
5 IDAHO CODE, TO AUTHORIZE GRANTS WITHIN THE SCOPE OF THE SCHOOL SAFETY AND
6 HEALTH REVOLVING LOAN FUND, TO PROVIDE ELIGIBILITY FOR GRANTS AND METHOD
7 OF DETERMINING THE QUALIFYING PERCENTAGE; AMENDING SECTION 33-1613, IDAHO
8 CODE, TO REQUIRE SAFE SCHOOL FACILITIES IN PUBLIC SCHOOLS AND CERTAIN
9 OTHER SPECIFIED SCHOOLS; AMENDING SECTION 39-8003, IDAHO CODE, TO EXTEND
10 THE SCOPE OF THE UNIFORM SCHOOL BUILDING SAFETY ACT TO CHARTER SCHOOLS AND
11 CERTAIN SCHOOLS OPERATED BY THE STATE OF IDAHO; AMENDING SECTION 39-8008,
12 IDAHO CODE, TO PROVIDE AUTHORITY OF THE ADMINISTRATOR TO CAUSE PERSONS TO
13 BE RESTRAINED FROM ENTERING AN UNSAFE AREA; AND DECLARING AN EMERGENCY.
14 Be It Enacted by the Legislature of the State of Idaho:
15 SECTION 1. That Section 33-804A, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 33-804A. SCHOOL PLANT FACILITIES RESERVE FUND LEVY FOR SAFE SCHOOL FACIL-
18 ITIES. (1) Definition. As used in this section, public school facilities mean
19 the physical plant of improved or unimproved real property owned or operated
20 by a school district, including school buildings, administration buildings,
21 playgrounds, athletic fields, etc., used by schoolchildren or school district
22 personnel in the normal course of providing a general, uniform and thorough
23 system of public, free common schools, but does not include areas, buildings
24 or parts of buildings closed from or not used in the normal course of provid-
25 ing a general, uniform and thorough system of public, free common schools. The
26 aspects of a safe environment conducive to learning as provided by section
27 33-1612, Idaho Code, that pertain to the physical plant used to provide a gen-
28 eral, uniform and thorough system of public, free common schools are hereby
29 defined as those necessary to comply with the safety and health requirements
30 set forth in this section.
31 (2) Whenever under applicable law a board of trustees of a school dis-
32 trict has identified on the basis of an independent inspection of the
33 district's school facilities that some of those school facilities fail to com-
34 ply with codes addressing safety and health standards for facilities
35 (including electrical, plumbing, mechanical, elevator, fire safety, boiler
36 safety, life safety, structural, snow loading, and sanitary codes) adopted by
37 or pursuant to the Idaho building code advisory uniform school building safety
38 act, chapter 41 80, title 39, Idaho Code, adopted by the state fire marshal,
39 adopted by generally applicable local ordinances, or adopted by rule of the
40 state board of education and applicable to school facilities, and that those
41 school facilities that do not comply with codes addressing unsafe or unhealthy
42 conditions contain unsafe or unhealthy conditions that cannot be abated with
43 the school district's income from current sources, that school district shall
2
1 be eligible to participate in the Idaho safe schools facilities loan program
2 administered by Idaho banks. Eligibility to participate in the Idaho safe
3 schools facilities loan program shall not affect or disqualify any school dis-
4 trict from eligibility to participate in any other program to abate unsafe or
5 unhealthy conditions.
6 (3) In any school district in which a school plant facilities reserve
7 fund has been created, the period for which the school plant facilities
8 reserve fund levy may be in effect may extend beyond ten (10) years but not to
9 exceed twenty (20) years, provided that:
10 (a) The board of trustees shall determine that all or a portion of the
11 amount to be collected each year during the period of years in which the
12 levy is collected is made to abate, repair or replace school facilities
13 with unsafe or unhealthy conditions. or to repay principal or interest for
14 abatement, repair or replacement of school facilities with unsafe or
15 unhealthy conditions that earlier took place.
16 (b) The question of the levy to be submitted to the electors of a dis-
17 trict and the notice of such election shall state the dollar amount pro-
18 posed to be collected each year during the period of years in each of
19 which the collection is to be made to abate, repair or replace school
20 facilities for the purpose of providing buildings complying with codes
21 defining safe and healthy conditions as required by applicable law.
22 (c) The election for such a levy conducted pursuant to this section shall
23 be held on one (1) of the days authorized by section 34-106, Idaho Code.
24 The provisions of section 33-804, Idaho Code, that are not modified by this
25 section shall apply to levies made pursuant to this section.
26 SECTION 2. That Section 33-1017, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 33-1017. SCHOOL SAFETY AND HEALTH REVOLVING LOAN AND GRANT FUND. (1) Fund
29 created. There is hereby created a fund in the state treasury to be known as
30 the school safety and health revolving loan and grant fund to which shall be
31 credited all moneys that may be appropriated, apportioned, allocated and paid
32 back to that fund. Moneys in this fund shall be used exclusively as provided
33 in this section, except that moneys in this fund shall be returned to the bud-
34 get stabilization fund as provided in this section.
35 (2) Approval of loan or grant. A school district that does not have the
36 financial resources to abate unsafe or unhealthy conditions identified pursu-
37 ant to section 33-1613, Idaho Code, and which is eligible to seek additional
38 funds under subsection (5)(b)(ii) of section 33-1613, Idaho Code, may apply to
39 the state treasurer for a loan and, if eligible, a grant from the safety and
40 health revolving loan and grant fund. A school district that has borrowed
41 money from the Idaho safe school facilities loan program may apply for a grant
42 of interest from the safety and health revolving loan and grant fund. The loan
43 or grant shall be approved if the school district's loan application meets the
44 criteria of section 33-1613, Idaho Code, and of this section. If the board of
45 examiners finds that existing and anticipated loans or grants under this sec-
46 tion have depleted the school safety and health revolving loan and grant fund
47 to an extent that the fund does not have available sufficient moneys to loan
48 to an eligible school district, the board of examiners shall declare that
49 additional loans may be made from the budget stabilization fund in section
50 57-814, Idaho Code, up to any limits of the use of that fund provided by stat-
51 ute or declared by the governor in time of general revenue shortfalls or major
52 disaster.
53 (3) Conditions of loan or grant -- Repayment of loan.
3
1 (a) The school district's application shall identify the unsafe or
2 unhealthy conditions that would be abated with the proceeds of the loan or
3 grant and, if a loan, shall propose a method of and timetable for abating
4 those conditions and for repaying the loan.
5 (b) The state treasurer shall review the application to determine whether
6 the application is for abatement of unsafe or unhealthy conditions as
7 described in section 33-1613, Idaho Code, and to determine whether the
8 estimated costs of abatement and proposed plan of abatement is reasonable.
9 In reviewing the application, the state treasurer may call upon the assis-
10 tance of the state division of building safety, the state fire marshal,
11 the state department of administration, the state board of education, the
12 state department of education, or other knowledgeable persons to determine
13 whether conditions identified to be abated meet the criteria of section
14 33-1613, Idaho Code, and to determine whether the plan of abatement, esti-
15 mated costs of abatement and proposed methods of abatement are reasonable.
16 The state treasurer shall process the application for a loan or grant
17 within thirty-five (35) days after its receipt.
18 (i) If the state treasurer determines that the application has not
19 identified unsafe or unhealthy conditions as described in section
20 33-1613, Idaho Code, the state treasurer shall return the application
21 with a written statement that contains reasons why the loan or grant
22 application does not meet the criteria of this section and of section
23 33-1613, Idaho Code.
24 (ii) If the state treasurer determines that the application has
25 identified unsafe or unhealthy conditions as described in section
26 33-1613, Idaho Code, the state treasurer shall then determine whether
27 the application has proposed reasonable methods of and reasonable
28 estimates of costs of abatement. The state treasurer shall approve
29 the plan of abatement if the school district has proposed a reason-
30 able method of abatement and if its estimated costs of abatement are
31 reasonable; otherwise, the state treasurer shall return the applica-
32 tion with a written statement how the application can be amended to
33 qualify.
34 (c) If the application is for a loan, tThe state treasurer may accept the
35 school district's proposed method of and timetable for repaying the loan
36 or may impose reasonable alternative or substitute methods of and timeta-
37 bles for repayment consistent with this subsection, which alternative or
38 substitute methods shall be binding on the school district. At a minimum,
39 the school district shall be required to repay in each fiscal year suc-
40 ceeding the year of the loan an amount no less than the lottery proceeds
41 that the school district would otherwise receive for that fiscal year and
42 additional foundation support moneys, if any, accruing as a result of an
43 initial overestimation of state average daily attendance support units and
44 later distribution of residual amounts resulting from fewer support units
45 than originally estimated. The loan shall provide for the school safety
46 and health revolving loan and grant fund, or the budget stabilization
47 fund, to the extent that it was the source of the loan, to intercept the
48 lottery proceeds that would otherwise go to the school district until the
49 loan is fully repaid. In addition, the state treasurer may impose reason-
50 able fiscal conditions on the school district during the term of loan
51 repayment including, but not limited to, restrictions in use of otherwise
52 unrestricted school district moneys to assist in repayment of the loan or
53 in abatement of unsafe or unhealthy conditions, the declaration of a
54 financial emergency during some or all of the term of repayment of the
55 loan, or interception by the school safety and health revolving loan and
4
1 grant fund of a portion of the state foundation program payments under
2 chapter 10, title 33, Idaho Code, that would otherwise go to the school
3 district to repay the loan. The initial term of the loan shall not exceed
4 ten (10) years, but may be extended in the state treasurer's discretion
5 for another ten (10) years.
6 (d) If a loan is approved, the state treasurer shall establish a line of
7 credit for the school district and monthly reimburse the school district
8 for costs incurred to abate the unsafe or unhealthy conditions identified
9 as the reason for the loan. The state treasurer may prescribe forms and
10 procedures for administration of this line of credit.
11 (e) A school district may repay its loan or any portion of its loan in
12 advance at any time without penalty.
13 (4) Interest. Loans to school districts under this section shall bear
14 interest at the average rate of interest that would be available to the state
15 treasury were the loan funds retained in the state treasury, as determined by
16 the state treasurer.
17 (5) Certification of loan funds spent. If a school district obtains a
18 loan pursuant to this section, the board of trustees shall certify the total
19 expenditures of loaned funds that were actually spent to abate unsafe and
20 unhealthy conditions.
21 (6) Excess funds. If any funds loaned pursuant to this section were not
22 spent on abatement of unsafe and unhealthy conditions, they must be returned
23 to the school safety and health loan and grant fund or the budget stabiliza-
24 tion fund, as the case may be. This subsection shall be judicially enforceable
25 by the state treasurer, and any amounts due for repayment under this subsec-
26 tion may be recovered by offset from state foundation program moneys that
27 would otherwise be paid to the school district.
28 (7) Eligibility for grant. After complying with the provisions of section
29 33-1613, Idaho Code, school districts that borrow money from the Idaho safe
30 schools facilities loan program pursuant to section 33-804A, Idaho Code, or
31 that refinance through the Idaho safe schools facilities loan program loans
32 for money borrowed under this section may apply for a grant from the school
33 safety and health revolving loan and grant fund to pay for eligible interest
34 costs incurred on loan proceeds used to abate unsafe and unhealthy conditions.
35 If the school district's application for a grant is accepted, then the school
36 district will qualify for a grant of the present value of the qualifying per-
37 centage of the interest costs of the loan associated with abating unsafe and
38 unhealthy conditions as follows:
39 (a) If the school district is participating in the Idaho safe schools
40 facilities loan program, within seven (7) days after the approved school
41 district receives loan proceeds from the Idaho safe schools facilities
42 loan fund, the state treasurer shall provide funds to the school district
43 in the amount of the qualifying percentage of the present value of the
44 interest costs associated with abating unsafe and unhealthy conditions.
45 (b) If a school district has obtained a loan from the school health and
46 safety revolving loan and grant fund and has refinanced its loan through
47 the Idaho safe schools facilities program and prepays the outstanding
48 principal of its loan, the school district shall be eligible for a grant
49 of the qualifying percentage of the present value of the outstanding
50 interest costs associated with the prepaid principal.
51 (8) Present value. The present value of the interest costs associated
52 with money borrowed under the Idaho safe schools facilities loan program shall
53 be calculated by the state treasurer using a method of equal annual loan pay-
54 ments and a discount rate of the interest rate prescribed in subsection (4) of
55 this section on the date that the school district receives funds from the
5
1 Idaho safe schools facilities loan fund. The present value of the unpaid
2 interest costs for principal prepayments to the school safety and health
3 revolving loan and grant fund shall be calculated by the state treasurer by
4 summing the unpaid interest that would be paid without the principal prepay-
5 ment and discounting it at the interest rate prescribed in subsection (4) of
6 this section on the date that the treasurer receives the prepayment.
7 (9) Qualifying percentage. The qualifying percentage of the interest
8 costs of a school district applying for a grant of interest under this section
9 shall be determined as follows: For a school district borrowing money under
10 the Idaho safe schools facilities loan program or refinancing a loan made
11 under this section with money borrowed under the Idaho safe schools facilities
12 program, the state treasurer shall express:
13 (a) the total of the bond and plant facilities levies imposed by the
14 school district (including the levy for which the application is made),
15 and
16 (b) the total levies imposed by the school district (including the levy
17 for which the application is made)
18 as a fraction of assessed value for the most recent assessment against which
19 the school district's existing levies are made.
20 The qualifying percentage of interest granted under this section shall be
21 the higher of the amounts shown in the following tables:
22 Table 1 - Bond and Plant Facilities Levies
23 Bond Plus Plant Facilities Levy Qualifying Percentage
24 Less than .0019............................................................10%
25 More than .0019 and less than .0029........................................20%
26 More than .0029 and less than .0039........................................30%
27 More than .0039............................................................40%
28 Table 2 - Total Levies
29 Total Levy Qualifying Percentage
30 Less than .0060.............................................................0%
31 More than .0060 and less than .0072........................................25%
32 More than .0072 and less than .0084........................................50%
33 More than .0084 and less than .0096........................................75%
34 More than .0096...........................................................100%
35 (10) Interest costs for abatement of unsafe and unhealthy conditions. The
36 interest costs for abatement of unsafe and unhealthy conditions shall be cal-
37 culated by determining the percentage of the loan proceeds or prepayment of
38 the loan that will be used to abate unsafe and unhealthy conditions.
39 (11) Procedures. The state treasurer may prescribe forms for applying for
40 a loan or grant under this section. No actions taken under this section are
41 contested cases or rulemaking subject to chapter 52, title 67, Idaho Code, and
42 none of the contested case or rulemaking procedures of chapter 52, title 67,
43 Idaho Code, apply to actions taken under this section.
44 (12) The state treasurer's authority to accept applications for and to
45 approve grants of interest from the school safety and health revolving loan
46 and grant fund shall cease on July 1, 2004.
47 SECTION 3. That Section 33-1613, Idaho Code, be, and the same is hereby
48 amended to read as follows:
49 33-1613. SAFE PUBLIC SCHOOL FACILITIES REQUIRED. (1) Definition. As used
50 in this section, "public school facilities" means the physical plant of
51 improved or unimproved real property owned or operated by a school district, a
52 charter school, or a school for children in any grades kindergarten through
53 twelve (12) that is operated by the state of Idaho, including school build-
6
1 ings, administration buildings, playgrounds, athletic fields, etc., used by
2 schoolchildren or school district personnel in the normal course of providing
3 a general, uniform and thorough system of public, free common schools, but
4 does not include areas, buildings or parts of buildings closed from or not
5 used in the normal course of providing a general, uniform and thorough system
6 of public, free common schools. The aspects of a safe environment conducive to
7 learning as provided by section 33-1612, Idaho Code, that pertain to the phys-
8 ical plant used to provide a general, uniform and thorough system of public,
9 free common schools are hereby defined as those necessary to comply with the
10 safety and health requirements set forth in this section.
11 (2) Inspection. It is the duty of the board of trustees of every school
12 district and the governing body for other schools described in subsection (1)
13 of this section at least once in every school year to require an independent
14 inspection of the school district's or other entity's school facilities to
15 determine whether those school facilities comply with codes addressing safety
16 and health standards for facilities, including electrical, plumbing, mechani-
17 cal, elevator, fire safety, boiler safety, life safety, structural, snow load-
18 ing, and sanitary codes, adopted by or pursuant to the Idaho building code
19 advisory uniform school building safety act, chapter 41 80, title 39, Idaho
20 Code, adopted by the state fire marshal, adopted by generally applicable local
21 ordinances, or adopted by rule of the state board of education and applicable
22 to school facilities. The inspection shall be done pursuant to section 39-4130
23 chapter 80, title 39, Idaho Code, or by an independent inspector profession-
24 ally qualified to conduct inspections under the applicable code. The results
25 of the inspection shall be presented to the board of trustees or other govern-
26 ing body for their its review and consideration.
27 (3) Abatement required -- Reporting. The board of trustees or other gov-
28 erning body shall, in their its sole discretion, accept or reject the results
29 of the inspection in whole or in part and in so doing shall identify any
30 unsafe or unhealthy conditions in the school district or other entity. The
31 board of trustees or other governing body shall require that the unsafe or
32 unhealthy conditions be abated and shall instruct the school district's or
33 other entity's personnel to take necessary steps to abate unsafe or unhealthy
34 conditions. The board of trustees or other governing body must issue a report
35 in the same school year in which the inspections are made declaring whether
36 any unsafe or unhealthy conditions identified have not been abated. The state
37 board of education may, by rule, provide for uniform reporting of unsafe and
38 unhealthy conditions and for uniform reporting of abatement or absence of
39 abatement of unsafe and unhealthy conditions.
40 (4) Costs of and plan of abatement. If the school district or other
41 entity described in subsection (1) of this section can abate all unsafe or
42 unhealthy conditions identified with the funds available to the school dis-
43 trict or other entity, it shall do so, and it need not separately account for
44 the costs of abatement nor segregate funds expended for abatement. If the
45 school district or other entity cannot abate all unsafe or unhealthy condi-
46 tions identified with the funds available to it, the board of trustees or
47 other governing body shall direct that a plan of abatement be prepared. The
48 plan of abatement shall provide a timetable that shall begin no later than the
49 following school year and that shall provide for abatement with all deliberate
50 speed of unsafe and unhealthy conditions identified. The school district or
51 other entity shall immediately begin to implement its plan of abatement and
52 must separately account for its costs of abatement of unsafe and unhealthy
53 conditions and separately segregate funds for the abatement of unsafe and
54 unhealthy conditions as required by subsection (5) of this section.
55 (5) Special provisions for implementation of plan of abatement.
7
1 (a) Notwithstanding any other provisions of law concerning expenditure of
2 lottery moneys distributed to the school district or other entity, all
3 lottery moneys provided to the school district or other entity for a
4 school year in which the school district cannot abate unsafe or unhealthy
5 conditions identified and not legally encumbered to other uses at the time
6 and all lottery moneys for following school years shall be segregated and
7 expended exclusively for abatement of unsafe and unhealthy conditions
8 identified until all of the unhealthy and unsafe conditions identified are
9 abated, provided, if the school district has obtained a loan from the
10 safety and health revolving loan and grant fund, the provisions of section
11 33-1017, Idaho Code, and the conditions of the loan shall determine the
12 use of the school district's lottery moneys during the term of the loan.
13 (b) If the lottery moneys referred to in paragraph (a) of this subsection
14 will, in the board of trustees' or other governing bodies' estimation, be
15 insufficient to abate the unsafe and unhealthy conditions identified, the
16 plan of abatement shall identify additional sources of funds to complete
17 the abatement of the unsafe and unhealthy conditions. The board of
18 trustees may choose from among the following sources, or from other
19 sources of its own identification, but the plan of abatement must identify
20 sufficient sources of funds for abatement.
21 (i) If the school district is not levying under chapter 8, title
22 33, Idaho Code, at the maximum levies allowed by law for levies that
23 may be imposed by a board of trustees without an election, the board
24 of trustees may increase any of those levies as allowed by law for
25 the school year following the school year in which it was unable to
26 abate unsafe or unhealthy conditions identified.
27 (ii) If the school district is levying under chapter 8, title 33,
28 Idaho Code, at the maximum levies allowed by law for levies that may
29 be imposed by the board of trustees without an election; or, if after
30 increasing those levies to the maximum levies allowed by law for
31 levies that may be imposed by the board of trustees without an elec-
32 tion, there will still be insufficient funds to abate unsafe or
33 unhealthy conditions identified, the school district, after giving
34 notice and conducting a hearing, may declare a financial emergency
35 and/or may apply for a loan or, if eligible, an interest grant from
36 the safety and health revolving loan and grant fund as provided in
37 section 33-1017, Idaho Code, to obtain funds to abate the unsafe or
38 unhealthy conditions identified.
39 (iii) Upon the declaration of a financial emergency, the board of
40 trustees shall have the power to impose a reduction in force, to
41 freeze some or all salaries in the school district, and/or to suspend
42 some or all contracts that may be legally suspended upon the declara-
43 tion of a financial emergency; provided, that when a board of
44 trustees declares a financial emergency, or when a declaration of a
45 financial emergency is imposed by the state treasurer pursuant to
46 section 33-1017, Idaho Code, and there is a reduction in force, some
47 or all salaries are frozen, or some contracts are suspended, the pay-
48 ments to the school district under the foundation program of chapter
49 10, title 33, Idaho Code, and in particular the staff allowances
50 under that chapter, shall not be reduced during the duration of the
51 financial emergency as a result of a reduction in force, frozen sala-
52 ries, or suspended salaries from what the staff allowance would be
53 without the reduction in force, frozen salaries or suspended con-
54 tracts.
55 (c) All costs of abatement for a program implementing plans of abatement
8
1 under subsection (5) of this section must be separately accounted for and
2 documented with regard to abatement of each unsafe or unhealthy condition
3 identified. Funds obtained under section 33-1017, Idaho Code, must be used
4 exclusively to abate unsafe or unhealthy conditions identified. Funds
5 obtained pursuant to section 33-1017, Idaho Code, in excess of funds nec-
6 essary to abate unsafe or unhealthy conditions identified must be returned
7 as provided in section 33-1017, Idaho Code. Return of these funds shall be
8 judicially enforceable as provided in section 33-1017, Idaho Code.
9 SECTION 4. That Section 39-8003, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 39-8003. SCOPE. This act shall apply to all facilities, existing now or
12 constructed in the future, that are owned, leased or used for educational pur-
13 poses by public school districts, charter schools, or a school for children in
14 any grades kindergarten through twelve (12) that is operated by the state of
15 Idaho receiving state funding. The authority granted under this act shall not
16 prohibit local governments from acting to enforce applicable building and fire
17 codes.
18 SECTION 5. That Section 39-8008, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 39-8008. ADDITIONAL DUTIES OF ADMINISTRATOR -- RIGHT OF INSPECTION --
21 POSTING. (1) The administrator shall have authority to enter all public school
22 facilities covered by this chapter at reasonable times and inspect such facil-
23 ities for compliance with the Idaho uniform school building safety code.
24 (2) If the administrator finds a violation of the Idaho uniform school
25 building safety code that he concludes does not constitute an imminent safety
26 hazard, he shall notify in writing the school district superintendent, princi-
27 pal, board member, or other person in charge.
28 (3) If the administrator finds a violation of the Idaho uniform school
29 building safety code that he concludes constitutes an imminent safety hazard,
30 he shall immediately notify the department of administration and request that
31 the department of administration designate a licensed professional to inde-
32 pendently evaluate the condition prior to taking any action or issuing any
33 report under this chapter. The department of administration shall, within two
34 (2) working days, designate a licensed professional to independently evaluate
35 the condition identified. That licensed professional shall, within fourteen
36 (14) days, complete its independent evaluation of the condition identified by
37 the administrator and notify the director of the department of administration
38 of its conclusions. If the administrator determines that the condition consti-
39 tuting an imminent safety hazard could reasonably be expected to cause death
40 or serious physical harm before the evaluation of the department of adminis-
41 tration can be completed and before the condition can be eliminated, he shall
42 determine the extent of the area where such condition exists and thereupon
43 shall issue a written order or notice requiring the school district superin-
44 tendent, principal, board member or other person in charge to cause all per-
45 sons, except those necessary to eliminate the condition, to be withdrawn from,
46 and to be restrained from entering, such area pending the evaluation of the
47 department of administration. This order shall be withdrawn if the evaluation
48 of the department of administration does not concur with the administrator
49 that the condition constitutes an imminent safety hazard as could reasonably
50 be expected to cause death or serious physical harm before the condition can
51 be eliminated.
9
1 (4) If the department of administration agrees with the determination of
2 the administrator that a condition identified constitutes an imminent safety
3 hazard, the department of administration shall, within three (3) working days,
4 so notify the administrator in writing.
5 (5) Upon receipt of such notification in writing, the administrator shall
6 immediately serve, or cause to be served, written notice or order upon the
7 school district superintendent, principal, board member or other person in
8 charge describing the imminent safety hazard. The administrator shall also
9 notify in writing the state superintendent of public instruction of such immi-
10 nent safety hazard. Upon receipt of such written notice or order, the school
11 district superintendent, principal, board member, or other person in charge
12 shall require all changes necessary to eliminate the imminent safety hazard be
13 made, without delay and within the time specified by the administrator in the
14 notice or order. If the condition presenting an imminent safety hazard is not
15 corrected within the specified time, or if the administrator determines that
16 the condition constituting such imminent safety hazard could reasonably be
17 expected to cause death or serious physical harm before the condition can be
18 eliminated, if he has not previously done so he shall determine the extent of
19 the area where such condition exists and thereupon shall issue an order or
20 notice requiring the school district superintendent, principal, board member,
21 or other person in charge to cause all persons, except those necessary to
22 eliminate the condition, to be withdrawn from, and to be restrained from
23 entering, such area. The school district superintendent, principal, board mem-
24 ber, or other person in charge shall assist the administrator as necessary to
25 post such areas to prevent injury.
26 (6) The administrator shall follow up on the school district's progress
27 in addressing any identified imminent safety hazard to ensure that appropriate
28 corrective action was taken. The administrator may extend the time for com-
29 pleting corrective action if he deems necessary.
30 (7) Upon completion of corrective action and verification of such comple-
31 tion by the division of building safety and the department of administration,
32 the administrator shall provide a report to the state superintendent of public
33 instruction, the local superintendent of schools and the chair of the local
34 school board.
35 SECTION 6. 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 11144C3
This legislation amends sections of the Idaho Code referring to
school building safety and authorizes interest grants to be made
from the school safety and health revolving loan fund. It further
sets up a method for determining the qualifying percentage rate of
interest on the grant. This legislation provides for a sunset date
and an emergency clause.
FISCAL IMPACT
The same $10 million already appropriated to the state safety and
health revolving loan fund would also be used for grants pursuant
to this act. Based on state averages, if all of these funds are
used for grants, the state would assist over $75 million in loans
to abate unsafe or unhealthy conditions without additional
appropriations. The state treasurer is not seeking additional staff
to administer grants from this fund.
Contact
Name: Rep. Lawerence Denney
Phone: (208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 315