2002 Legislation
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HOUSE BILL NO. 558 – School dist/educ support prog/dist

HOUSE BILL NO. 558

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H0558..........................................................by EDUCATION
SCHOOL DISTRICTS - Adds to and amends existing law to provide for
adjustment of the final distribution of moneys to school districts from the
educational support program, based upon the actual number of total state
support units.
                                                                        
02/05    House intro - 1st rdg - to printing
02/06    Rpt prt - to Educ

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 558
                                                                        
                                   BY EDUCATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE PUBLIC SCHOOL EDUCATIONAL SUPPORT PROGRAM; AMENDING CHAPTER 9,
  3        TITLE 33, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 33-906, IDAHO CODE,
  4        TO CREATE THE PUBLIC SCHOOL SUPPORT UNIT STABILIZATION  FUND,  TO  PROVIDE
  5        MONEYS  FOR  THE  FUND,  TO PROVIDE FOR USES OF MONEYS IN THE FUND, AND TO
  6        PROVIDE FOR TRANSFER OF CERTAIN  ACCUMULATED  BALANCES;  AMENDING  SECTION
  7        33-1009,  IDAHO CODE, TO PROVIDE THAT THE JULY PAYMENT TO SCHOOL DISTRICTS
  8        SHALL TAKE INTO ACCOUNT THE ADJUSTMENT REQUIRED BY THE PROVISIONS OF  SEC-
  9        TION  33-1018, IDAHO CODE, AND TO PROVIDE THAT MONEYS IN THE PUBLIC SCHOOL
 10        SUPPORT UNIT STABILIZATION FUND SHALL BE CONSIDERED IN CALCULATING ADJUST-
 11        MENTS WHEN THE TOTAL AMOUNT APPROPRIATED IS NOT TRANSFERRED; AND  AMENDING
 12        CHAPTER  10,  TITLE  33,  IDAHO  CODE,  BY  THE  ADDITION OF A NEW SECTION
 13        33-1018, IDAHO CODE, TO PROVIDE FOR  ADJUSTMENT  OF  THE  DISTRIBUTION  TO
 14        SCHOOL  DISTRICTS FROM THE EDUCATIONAL SUPPORT PROGRAM BASED ON THE ACTUAL
 15        NUMBER OF TOTAL STATE SUPPORT UNITS.
                                                                        
 16    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 17        SECTION 1.  That Chapter 9, Title 33, Idaho Code,  be,  and  the  same  is
 18    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 19    ignated as Section 33-906, Idaho Code, and to read as follows:
                                                                        
 20        33-906.  PUBLIC SCHOOL SUPPORT UNIT STABILIZATION FUND.  There  is  hereby
 21    created  in the state treasury a fund to be known as the public school support
 22    unit stabilization fund. The fund shall consist of moneys transferred  to  the
 23    fund according to the provisions of section 33-1018, Idaho Code. Moneys in the
 24    fund  are  hereby  continuously appropriated for the purpose stated in section
 25    33-1018, Idaho Code, and may only be expended for such  purpose.  Any  accumu-
 26    lated  balances  in  the  fund  that are in excess of one and one-half percent
 27    (1.5%) of the current fiscal year's total appropriation for public school sup-
 28    port shall be transferred to the general fund.
                                                                        
 29        SECTION 2.  That Section 33-1009, Idaho Code, be, and the same  is  hereby
 30    amended to read as follows:
                                                                        
 31        33-1009.  PAYMENTS FROM THE PUBLIC SCHOOL INCOME FUND.
 32        1.  a. Payments  of  the  state  general  account appropriation for public
 33        school support shall be made each year by the state board of education  to
 34        the public school districts of the state in five (5) payments. Payments to
 35        the  districts  shall  be made not later than the fifteenth day of August,
 36        the first day of October, the fifteenth day of November, the fifteenth day
 37        of February, and the fifteenth day of May each year. Each payment  by  the
 38        state  board  of  education shall be approximately twenty percent (20%) of
 39        the total general account  appropriation  for  the  fiscal  year.  Amounts
 40        apportioned  due to a special transfer to the public school income fund to
 41        restore or reduce a deficiency in the prior year's  transfer  pursuant  to
                                                                        
                                           2
                                                                        
  1        subsection 4. of this section shall not be subject to this limitation.
  2        b.  Payments  of  moneys,  other than the state general account appropria-
  3        tion, that accrue to the public school income fund shall be  made  by  the
  4        state  board of education to the school districts of the state on the fif-
  5        teenth day of November, February, May and July each year. The total amount
  6        of such payments shall be determined by the state department of  education
  7        and  shall not exceed the amount of moneys available and on deposit in the
  8        public school income fund at the time such payment is made.
  9        c.  Amounts apportioned due to a special transfer  to  the  public  school
 10        income   fund to restore or reduce a deficiency in the prior year's trans-
 11        fer pursuant to subsection 4. of this section shall not be subject to  the
 12        limitation imposed by paragraphs a. and b.
 13        2.  Payments  made to the school districts in August, October and November
 14    are advance payments for the current year and will be based upon payments from
 15    the public school income fund for the preceding school year. Each school  dis-
 16    trict  shall  receive  its  proportionate share of the advance payments in the
 17    same ratio that its total payment for the preceding year was to the total pay-
 18    ments to all school districts for the preceding year.
 19        3.  No later than the fifteenth day of February in each  year,  the  state
 20    department  of  education shall compute the state distribution factor based on
 21    the total average daily attendance through the first Friday in  November.  The
 22    factor will be used in payments of state funds in February and May. Attendance
 23    shall  be reported in a format and at a time specified by the state department
 24    of education.
 25        As of the thirtieth day of June of each year the state department of  edu-
 26    cation  shall  determine final payments to be made on July fifteenth next suc-
 27    ceeding to the several school districts from the public school income fund for
 28    the school year ended June 30. The July payments  shall  take  into  consider-
 29    ation:
 30        a.  the  average  daily attendance of the several school districts for the
 31        twenty-eight (28) best weeks of the school year completed not  later  than
 32        the thirtieth of June,
 33        b.  all  funds  available  in the public school income fund for the fiscal
 34        year ending on the thirtieth of June,
 35        c.  all payments distributed for the current fiscal year  to  the  several
 36        school districts,
 37        d.  the adjustment based on the actual number of total state support units
 38        required by the provisions of section 33-1018, Idaho Code,
 39        e.  payments  made  or  due for the transportation support program and the
 40        exceptional education support program. The state department  of  education
 41        shall apportion and direct the payment to the several school districts the
 42        moneys  in the public school income fund in each year, taking into account
 43        the advance made under subsection 2. of this section, in such  amounts  as
 44        will  provide  in full for each district its support program, and not more
 45        than therefor required, and no school district  shall  receive  less  than
 46        fifty dollars ($50.00).
 47        4.  If the full amount appropriated from the general account by the legis-
 48    lature  is  not  transferred  to  the  public school income fund or the public
 49    school support unit stabilization fund by the end  of  the  fiscal  year,  the
 50    deficiency  resulting  therefrom shall either be restored or reduced through a
 51    special transfer from the general account in the first sixty (60) days of  the
 52    following  fiscal  year,  or shall be calculated in computing district levies,
 53    and any additional levy shall be certified by the state superintendent of pub-
 54    lic instruction to  the  board  of  county  commissioners  and  added  to  the
 55    district's  maintenance  and  operation levy. If the deficiency is restored or
                                                                        
                                           3
                                                                        
  1    reduced by special transfer, the amount so transferred shall be in addition to
  2    the amount appropriated to be transferred in such following fiscal  year,  and
  3    shall  be apportioned to each school district in the same amount as each would
  4    have received had the transfer been made in the year the deficiency  occurred.
  5    The  state department of education shall distribute to the school district the
  6    full amount of the special transfer as soon as practical after  such  transfer
  7    is made. In making the levy computations required by this subsection the state
  8    department  of  education shall take into account and consider the full amount
  9    of money receipted into the public school income fund from all sources for the
 10    given fiscal year. Deficits in the transfer of the appropriated amount of gen-
 11    eral account revenue to the public school income fund shall be reduced by  the
 12    amount,  if  any, that the total amount receipted from  other sources into the
 13    public school income fund exceeds the official  estimated  amount  from  those
 14    sources.  The  official  estimate  of receipts from other sources shall be the
 15    total amount stated by the legislature in the appropriation bill.
 16        5.  Any apportionments in any year, made to any school district, which may
 17    within the succeeding three (3) year period be found to  have  been  in  error
 18    either  of  computation  or transmittal, may be corrected during the three (3)
 19    year period by reduction of apportionments to any  school  district  to  which
 20    over-apportionments may have been made or received, and corresponding addition
 21    to  apportionments  to  any  school district to which under-apportionments may
 22    have been made or received.
                                                                        
 23        SECTION 3.  That Chapter 10, Title 33, Idaho Code, be,  and  the  same  is
 24    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 25    ignated as Section 33-1018, Idaho Code, and to read as follows:
                                                                        
 26        33-1018.  PUBLIC SCHOOL SUPPORT UNIT VARIABILITY.  The  legislature  shall
 27    annually  state  in  the appropriation for the educational support program the
 28    estimate of the number of total state support units upon which the  appropria-
 29    tion  is  based, and the net state funding per support unit. The department of
 30    education shall, before the end of each fiscal year, calculate the actual num-
 31    ber of total state support units upon which the final distribution  to  public
 32    schools will be made.
 33        (1)  If  the  actual number of total state support units is lower than the
 34    estimated number of total state support units stated in the appropriation  for
 35    the  educational  support  program, then the difference in total state support
 36    units shall be multiplied by the net state funding per support unit stated  in
 37    the  appropriation  for  the educational support program. The state controller
 38    shall transfer an amount equal to the result of this calculation from the pub-
 39    lic school income fund to the public school support unit  stabilization  fund,
 40    and  the final distributions to school districts from the department of educa-
 41    tion shall be reduced by a like amount.
 42        (2)  If the actual number of total state support units is greater than the
 43    estimated number of total state support units stated in the appropriation  for
 44    the  educational  support  program, then the difference in total state support
 45    units shall be multiplied by the net state funding per support unit stated  in
 46    the  appropriation for the educational support program, and the amount result-
 47    ing from this calculation shall be transferred by the  state  controller  from
 48    the  public school support unit stabilization fund to the public school income
 49    fund. This transfer shall be limited to moneys available in the public  school
 50    support  unit  stabilization  fund.  Moneys transferred from the public school
 51    support unit stabilization fund to the public school  income  fund  under  the
 52    provisions of this section are hereby continuously appropriated for the educa-
 53    tional support program.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE
                           RS 11564C1
                                 
The purpose of this legislation is to establish a public school 
support unit stabilization fund.  This is accomplished by amending 
Section 33-1009, Idaho Code.  It also creates a new section of Idaho 
Code in Chapter 10, Title 33, Section 33-1018,  entitled public 
school support unit variability.  This legislation will make state 
support for school districts more predictable, enabling districts to 
better plan their financial commitments.

                          FISCAL IMPACT
No fiscal impact on the General Fund.


Contact
Name: Representative Jim Clark 
Phone: 332-1000




STATEMENT OF PURPOSE/FISCAL NOTE                        H 558