2001 Legislation
Print Friendly

SENATE BILL NO. 1071 – School facilities fund, use

SENATE BILL NO. 1071

View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History



S1071..........................................................by EDUCATION
SCHOOL FACILITIES FUND - Amends and adds to existing law to provide that
school districts shall reduce levies upon receipt of certain state funds;
to provide for the creation of the "School Facilities Fund"; and to provide
for payments from the fund to school districts with qualifying bonds.
                                                                        
02/07    Senate intro - 1st rdg - to printing
02/08    Rpt prt - to Educ

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1071
                                                                        
                                   BY EDUCATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO SCHOOL FACILITY FUNDING; AMENDING SECTION 33-802, IDAHO  CODE,  TO
  3        PROVIDE  THAT SCHOOL DISTRICTS SHALL REDUCE LEVIES UPON RECEIPT OF CERTAIN
  4        STATE FUNDS AND TO MAKE A TECHNICAL CORRECTION; AMENDING  SECTION  33-804,
  5        IDAHO  CODE,  TO  PROVIDE  THAT  SCHOOL DISTRICTS SHALL REDUCE LEVIES UPON
  6        RECEIPT OF CERTAIN STATE FUNDS; AMENDING CHAPTER 9, TITLE 33, IDAHO  CODE,
  7        BY  THE  ADDITION OF A NEW SECTION 33-905A, IDAHO CODE, TO PROVIDE FOR THE
  8        CREATION OF THE SCHOOL FACILITIES FUND AND TO PROVIDE  FOR  PAYMENTS  FROM
  9        THE FUND TO SCHOOL DISTRICTS WITH QUALIFYING BONDS; DECLARING AN EMERGENCY
 10        AND PROVIDING RETROACTIVE APPLICATION.
                                                                        
 11    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 12        SECTION  1.  That  Section  33-802, Idaho Code, be, and the same is hereby
 13    amended to read as follows:
                                                                        
 14        33-802.  SCHOOL LEVIES. Any tax levied for school purposes shall be a lien
 15    on the property against which the tax is levied. The board of  trustees  shall
 16    determine  the levies upon each dollar of taxable property in the district for
 17    the ensuing fiscal year as follows:
 18        1.  Bond, Interest and Judgment Obligation Levies. Such levies as shall be
 19    required  to  satisfy  all  maturing  bond,  bond   interest,   and   judgment
 20    obligations;  provided however, that the board of trustees for the school dis-
 21    trict, including any specially-chartered district, shall annually  reduce  the
 22    bond  levy  in an amount equal to any state funds received pursuant to section
 23    33-905A, Idaho Code.
 24        2.  Maximum School Maintenance and Operation Levies. Such levies for main-
 25    taining and operating the schools of the  district  and  for  the  payment  of
 26    tuition  and transportation, that do not exceed an amount equal to four-tenths
 27    of one percent (.4%) during tax year 1994, and do not exceed an  amount  equal
 28    to  three-tenths  of  one  percent  (.3%) during tax year 1995 and thereafter,
 29    applied to the actual or adjusted market value for assessment purposes of  the
 30    district  as  such  valuation existed on December 31 of the previous year, but
 31    allowances necessary as a credit for prepaid taxes,  as  provided  in  section
 32    63-1607, Idaho Code, shall not be included in such maximum levies.
 33        3.  Authorized  School  Maintenance  and Operation Levies. Such levies for
 34    maintaining and operating the schools of the district and for the  payment  of
 35    tuition  and  transportation  that  do  not  exceed one hundred eleven percent
 36    (111%) of the local district's contribution authorized in  subsection  23.  of
 37    section  33-1002, Idaho Code. Implementation of the provisions of this subsec-
 38    tion shall be authorized only after approval by a majority of  the  district's
 39    electors  voting on the question. Levies otherwise authorized by law shall not
 40    require an election.
 41        4.  Supplemental Maintenance and Operation Levies. No levy  in  excess  of
 42    the  levy  permitted by subsection 2. or 3. of this section shall be made by a
 43    noncharter school district unless such a  supplemental  levy  in  a  specified
                                                                        
                                           2
                                                                        
  1    amount  and  for  a specified time not to exceed two (2) years be first autho-
  2    rized through an election held pursuant to chapter 4, title  33,  Idaho  Code,
  3    and approved by a majority of the district electors voting in such election. A
  4    levy approved pursuant to this subsection may be reduced by a majority vote of
  5    the board of trustees in the second year.
  6        5.  Charter District Supplemental Maintenance and Operation. Levies pursu-
  7    ant  to  the  respective  charter  of any such charter district shall be first
  8    authorized through  an election held pursuant to chapter 4,  title  33,  Idaho
  9    Code, and approved by a majority of the district electors voting in such elec-
 10    tion.
 11        6.  The  Local  District Contribution. The local school district contribu-
 12    tion levy is the amount utilized for calculating local district  participation
 13    in the educational foundation program, which is applied to the adjusted market
 14    value for assessment purposes, as such valuation existed on December 31 of the
 15    previous year.
 16        7.  The  board  of  trustees of any school district that has, for at least
 17    seven (7) consecutive years, been authorized through an election held pursuant
 18    to chapter 4, title 33, Idaho Code, to certify a supplemental  levy  that  has
 19    annually  been equal to or greater than twenty percent (20%) of the total gen-
 20    eral maintenance and operation fund, may submit the question of an  indefinite
 21    term  supplemental  levy to the electors of the school district. Such question
 22    shall clearly state the dollar amount that will be certified annually and that
 23    the levy will be for an indefinite number  of  years.  The  question  must  be
 24    approved  by  a majority of the district electors voting on the question in an
 25    election held pursuant to chapter 4, title 33, Idaho Code. The  levy  approved
 26    pursuant  to this subsection may be reduced by a majority vote of the board of
 27    trustees during any fiscal year.
                                                                        
 28        SECTION 2.  That Section 33-804, Idaho Code, be, and the  same  is  hereby
 29    amended to read as follows:
                                                                        
 30        33-804.  SCHOOL PLANT FACILITIES RESERVE FUND LEVY. In any school district
 31    in  which  a  school plant facilities reserve fund has been created, either by
 32    resolution of the board of trustees  or  by  apportionment  to  new  districts
 33    according  to  the  provisions of section 33-901, Idaho Code, to provide funds
 34    therefor the board of trustees shall submit to the qualified  school  electors
 35    of  the  district the question of a levy not to exceed four-tenths of one per-
 36    cent (.4%) of market value for assessment purposes in each year, as such valu-
 37    ation existed on December 31 of the previous year, for a period not to  exceed
 38    ten (10) years.
 39        The question of a levy to be submitted to the electors of the district and
 40    the  notice of such election shall state the dollar amount proposed to be col-
 41    lected each year during the period of years in each of which the collection is
 42    proposed to be made, the percentage of votes in favor of  the  proposal  which
 43    are needed to approve the proposed dollar amount to be collected, and the pur-
 44    poses  for  which  such  funds  shall be used. Said notice shall be given, the
 45    election shall be conducted and the returns canvassed as provided  in  chapter
 46    4,  title  33,  Idaho  Code;  and  the  dollar amount to be collected shall be
 47    approved only if:
 48        1.   Fifty-five percent (55%) of the electors voting in such election  are
 49    in  favor  thereof  if  the  levy will result in a total levy for school plant
 50    facilities and bonded indebtedness of less  than  two-tenths  of  one  percent
 51    (.2%)  of  market  value  for assessment purposes as such valuation existed on
 52    December 31 of the year immediately preceding the election;
 53        2.  Sixty percent (60%) of the electors voting in  such  election  are  in
                                                                        
                                           3
                                                                        
  1    favor thereof if the levy will result in a total levy for school plant facili-
  2    ties  and  bonded  indebtedness of two-tenths of one percent (.2%) or more and
  3    less than three-tenths of one percent (.3%) of  market  value  for  assessment
  4    purposes as such valuation existed on December 31 of the year immediately pre-
  5    ceding the election; or
  6        3. Two-thirds  (2/3)  of the electors voting in such election are in favor
  7    thereof if the levy will result in a total levy for  school  plant  facilities
  8    and bonded indebtedness of three-tenths of one percent (.3%) or more of market
  9    value  for assessment purposes as such valuation existed on December 31 of the
 10    year immediately preceding the election.
 11        If the question be approved, the board of trustees may make a levy, not to
 12    exceed four-tenths of one percent (.4%) of market value  for  assessment  pur-
 13    poses  as  such valuation existed on December 31 of the previous year, in each
 14    year for which the collection was approved, sufficient to collect  the  dollar
 15    amount  approved; and provided however, that the board of trustees shall annu-
 16    ally reduce the levy in an amount equal to any state funds  received  pursuant
 17    to  section  33-905A,  Idaho  Code. The board of trustees may again submit the
 18    question of the levy at the expiration of the period of  such  levy,  for  the
 19    dollar  amount to be collected during each year, and the number of years which
 20    the board may at that time determine. Or, during the period  approved  at  any
 21    such  election, if such period be less than ten (10) years or the levy be less
 22    than four-tenths of one percent (.4%) of market value for assessment  purposes
 23    as  such  valuation  existed on December 31 of the previous year, the board of
 24    trustees may submit to the qualified school electors in  the  same  manner  as
 25    before,  the  question  whether  the number of years, or the levy, or both, be
 26    increased, but not to exceed the maximum herein authorized. If  such  increase
 27    or  increases  be approved by the electors, the terms of such levy shall be in
 28    lieu of those approved in the first instance, but disapproval shall not affect
 29    any terms theretofore in effect.
 30        Any bonded indebtedness incurred in accordance with the provisions of sec-
 31    tion 33-1103, Idaho Code, subsequent to the approval  of  a  plant  facilities
 32    reserve  fund levy shall not affect the terms of that levy for any time during
 33    which such levy is in effect.
                                                                        
 34        SECTION 3.  That Chapter 9, Title 33, Idaho Code,  be,  and  the  same  is
 35    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 36    ignated as Section 33-905A, Idaho Code, and to read as follows:
                                                                        
 37        33-905A.  SCHOOL FACILITIES FUND -- PAYMENTS TO FUND  --  APPLICATION  FOR
 38    MONEYS  --  PAYMENTS TO DISTRICTS -- REPORTS ON APPLICATIONS -- USE OF MONEYS.
 39    (1) The state of Idaho hereby creates and establishes  the  school  facilities
 40    fund in the state treasury. The school facilities fund shall have paid into it
 41    such appropriations or revenues as may be provided by law.
 42        (2)  Moneys  in  the school facilities fund are hereby appropriated to and
 43    may be expended by the state board of education at any time for  the  purposes
 44    provided in this section, notwithstanding any provision of chapter 35 or chap-
 45    ter 36, title 67, Idaho Code.
 46        (3) (a)  Upon  certification  to the state board of education of the total
 47        amount of taxes collected in the previous calendar year pursuant to a levy
 48        for a bond or bonds approved by the electors of the school  district,  the
 49        board of trustees of a school district may apply on an annual basis to the
 50        state  board of education to receive a payment or payments from the school
 51        facilities fund in the amount of twenty percent (20%) of the total  amount
 52        of  such  taxes.  If  a  school district receives payments from the school
 53        facilities fund under this chapter,  and  reduces  bond  levies  or  plant
                                                                        
                                           4
                                                                        
  1        facilities  levies  pursuant  to section 33-802 or 33-804, Idaho Code, the
  2        school district may continue to  qualify  for  payments  from  the  school
  3        facilities  fund  in  an  amount  representing twenty percent (20%) of the
  4        total amount of taxes the school district would have collected in the pre-
  5        vious calendar year if such payments from the fund were not received.
  6        (b)  When an application for moneys from the fund is approved by the state
  7        board of education, the state board shall inform the school district  that
  8        the  application has been approved, citing the amount approved for payment
  9        and an estimate of the time when the payment can actually be made  to  the
 10        school district.
 11        (4)  All  payments  from  the  school  facilities  fund  shall be paid out
 12    directly to the school district in warrants drawn by the state controller upon
 13    presentation of proper vouchers from the state board  of  education.   Pending
 14    payments  out  of  the school facilities fund, the moneys in the fund shall be
 15    invested by the state treasurer in the same manner as provided  under  section
 16    67-1210,  Idaho Code, with respect to other idle moneys in the state treasury.
 17    Interest earned on the investments shall be returned to the school  facilities
 18    fund.
 19        (5)  Payments  from  the  school facilities fund received by a school dis-
 20    trict may be used by the school district for the purposes provided in  section
 21    33-802, 33-804 or 33-1102, Idaho Code, or for the repayment of bonds.
 22        (6)(a)  By not later than December 1, each school district receiving funds
 23        from  the  school  facilities fund shall report to the state department of
 24        education the projects on which moneys received from the school facilities
 25        fund were expended.  The state department of education  shall  transmit  a
 26        summary  of the reports to the legislature by not later than January 15 of
 27        the following year.
 28        (b)  By not later than December 1, each school  district  receiving  funds
 29        from  the  school  facilities fund shall report to the state department of
 30        education the planned uses for the moneys received  from  the  fund.   The
 31        state  department  of education shall transmit a summary of the reports to
 32        the legislature by not later than January 15 of the following year.
                                                                        
 33        SECTION 4.  An emergency existing  therefor,  which  emergency  is  hereby
 34    declared to exist, this act shall be in full force and effect on and after its
 35    passage and approval, and retroactively to January 1, 2001.

Statement of Purpose / Fiscal Impact


                STATEMENT OF PURPOSE
                     RS 10882
This legislation would authorize annual payment by 
the state of up to 20 per cent of the amount of 
property taxes collected by Idaho school districts 
in the previous year with bond or plant facilities 
levies. School districts would be required to reduce 
their bond or plant facilities levy tax collections 
by an equivalent amount in the following year.
                  FISCAL IMPACT

It would require $20 million to pay 20 per cent of the 
cost of current bond and plant facilities levies. There 
would be a corresponding reduction in property taxes.
Contact:  Sen. Betsy Dunklin 332-1382

Statement of purpose/fiscal impact          S 107