View Daily Data Tracking History
View Bill Text
View Amendment
View Engrossed Bill (Original Bill with Amendment(s) Incorporated)
View Statement of Purpose / Fiscal Impact
S1434,aaH......................................................by EDUCATION
SCHOOLS - SAFETY HAZARDS - Amends existing law to clarify requirements for
the abatement of unsafe or unhealthy conditions in school buildings; to
define a serious safety hazard; to provide for a response to a serious
safety hazard within the time specified and for an appeal of the finding;
to authorize injunctive relief for failure to comply with a notice or order
relating to a serious safety hazard; and to provide for penalties for
violations.
02/11 Senate intro - 1st rdg - to printing
02/12 Rpt prt - to Educ
02/21 Rpt out - rec d/p - to 2nd rdg
02/22 2nd rdg - to 3rd rdg
02/26 3rd rdg - PASSED - 22-12-1
AYES--Andreason, Boatright, Bunderson, Cameron, Davis, Deide,
Dunklin, Geddes, Goedde, Ingram, Keough, King-Barrutia, Lodge,
Marley, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne,
Wheeler
NAYS--Branch(Bartlett), Brandt, Burtenshaw, Darrington, Frasure,
Hawkins, Hill, Ipsen, Little, Richardson, Sims, Williams
Absent and excused -- Noh
Floor Sponsor - Deide
Title apvd - to House
02/27 House intro - 1st rdg - to Educ
02/28 Rpt out - rec d/p - to 2nd rdg
03/01 Ret'd to Educ
03/11 Rpt out - to Gen Ord
Rpt out w/o amens - to 2nd rdg
Unanimous consent - to Gen Ord
03/13 Rpt out amen - to 1st rdg as amen
03/14 1st rdg - to 2nd rdg as amen
Rls susp - PASSED - 63-4-3
AYES -- Barraclough, Bedke, Bell, Bieter, Black, Block, Boe,
Bradford, Bruneel, Callister, Campbell, Clark, Collins, Crow, Cuddy,
Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner,
Gould, Hadley, Harwood, Henbest, Higgins, Hornbeck, Jaquet, Jones,
Kendell, Kunz, Lake, Loertscher, Mader, Martinez, McKague, Meyer,
Montgomery, Mortensen, Moyle, Pearce, Pischner, Pomeroy, Raybould,
Ridinger, Roberts, Robison, Sali, Schaefer, Sellman, Shepherd,
Smith(33), Smith(23), Smylie, Stevenson, Stone, Tilman, Trail,
Wheeler, Wood, Young, Mr. Speaker
NAYS -- Barrett, Bolz, Hammond, Langford
Absent and excused -- Aikele, Deal, Kellogg
Floor Sponsor - Denney
Title apvd - to Senate
03/14 To 10th Ord
Senate concurred in House amens - to engros
03/15 Rpt engros - 1st rdg - to 2nd rdg as amen
Rls susp - PASSED - 31-1-3
AYES -- Andreason, Boatright, Branch Brandt, Bunderson, Burtenshaw,
Cameron, Darrington, Davis, Deide, Dunklin, Goedde, Hawkins, Hill,
Ingram, Ipsen, Keough, King-Barrutia, Lodge, Marley, Noh, Richardson,
Risch, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler,
Williams
NAYS -- Little
Absent and excused -- Frasure, Geddes, Sandy
Floor Sponsor - Deide
Title apvd - to enrol
03/15 Rpt enrol - Pres signed - Sp signed
03/18 To Governor
03/21 Governor signed
Session Law Chapter 158
Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE SENATE
SENATE BILL NO. 1434
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO ABATEMENT OF SERIOUS SAFETY HAZARDS IN SCHOOL BUILDINGS; AMENDING
3 SECTION 33-1613, IDAHO CODE, TO CLARIFY REQUIREMENTS FOR ABATEMENT OF
4 UNSAFE OR UNHEALTHY CONDITIONS; AMENDING SECTION 39-8004, IDAHO CODE, TO
5 DEFINE AN ADDITIONAL TERM; AMENDING SECTION 39-8008, IDAHO CODE, TO PRO-
6 VIDE FOR A RESPONSE TO A SERIOUS SAFETY HAZARD WITHIN THE TIME SPECIFIED
7 AND FOR AN APPEAL OF THE FINDING; AMENDING SECTION 39-8009, IDAHO CODE, TO
8 AUTHORIZE INJUNCTIVE RELIEF FOR FAILURE TO COMPLY WITH A NOTICE OR ORDER
9 RELATING TO A SERIOUS SAFETY HAZARD; AND AMENDING SECTION 39-8011, IDAHO
10 CODE, TO PROVIDE PENALTIES FOR VIOLATIONS RELATED TO A SERIOUS SAFETY HAZ-
11 ARD.
12 Be It Enacted by the Legislature of the State of Idaho:
13 SECTION 1. That Section 33-1613, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 33-1613. SAFE PUBLIC SCHOOL FACILITIES REQUIRED. (1) Definition. As used
16 in this section, "public school facilities" means the physical plant of
17 improved or unimproved real property owned or operated by a school district, a
18 charter school, or a school for children in any grades kindergarten through
19 twelve (12) that is operated by the state of Idaho, including school build-
20 ings, administration buildings, playgrounds, athletic fields, etc., used by
21 schoolchildren or school personnel in the normal course of providing a gen-
22 eral, uniform and thorough system of public, free common schools, but does not
23 include areas, buildings or parts of buildings closed from or not used in the
24 normal course of providing a general, uniform and thorough system of public,
25 free common schools. The aspects of a safe environment conducive to learning
26 as provided by section 33-1612, Idaho Code, that pertain to the physical plant
27 used to provide a general, uniform and thorough system of public, free common
28 schools are hereby defined as those necessary to comply with the safety and
29 health requirements set forth in this section.
30 (2) Inspection. It is the duty of the board of trustees of every school
31 district and the governing body for other schools described in subsection (1)
32 of this section at least once in every school year to require an independent
33 inspection of the school district's or other entity's school facilities to
34 determine whether those school facilities comply with codes addressing safety
35 and health standards for facilities, including electrical, plumbing, mechani-
36 cal, elevator, fire safety, boiler safety, life safety, structural, snow load-
37 ing, and sanitary codes, adopted by or pursuant to the Idaho uniform school
38 building safety act, chapter 80, title 39, Idaho Code, adopted by the state
39 fire marshal, adopted by generally applicable local ordinances, or adopted by
40 rule of the state board of education and applicable to school facilities. The
41 inspection shall be done pursuant to chapter 80, title 39, Idaho Code, or by
42 an independent inspector professionally qualified to conduct inspections under
43 the applicable code. The results of the inspection shall be presented to the
2
1 administrator of the division of building safety and the board of trustees or
2 other governing body for its review and consideration.
3 (3) Abatement required -- Reporting. The board of trustees or other gov-
4 erning body shall, in its sole discretion, accept or reject the results of the
5 inspection in whole or in part and in so doing shall identify any unsafe or
6 unhealthy conditions in the school district or other entity. The board of
7 trustees or other governing body shall require that the unsafe or unhealthy
8 conditions be abated and shall instruct the school district's or other
9 entity's personnel to take necessary steps to abate unsafe or unhealthy con-
10 ditions. The board of trustees or other governing body must issue a report in
11 the same school year in which the inspections are made declaring whether any
12 unsafe or unhealthy conditions identified have not been abated. The state
13 board of education may shall, by rule, provide for uniform reporting of unsafe
14 and unhealthy conditions and for uniform reporting of abatement or absence of
15 abatement of unsafe and unhealthy conditions. Copies of such reports shall be
16 provided to the administrator of the division of building safety and the board
17 of trustees of the school district.
18 (4) Costs of and plan of abatement. If the school district or other
19 entity described in subsection (1) of this section can abate all unsafe or
20 unhealthy conditions identified with the funds available to the school dis-
21 trict or other entity, it shall do so, and it need not separately account for
22 the costs of abatement nor segregate funds expended for abatement. If the
23 school district or other entity cannot abate all unsafe or unhealthy condi-
24 tions identified with the funds available to it, the board of trustees or
25 other governing body shall direct that a plan of abatement be prepared. The
26 plan of abatement shall provide a timetable that shall begin no later than the
27 following school year and that shall provide for abatement with all deliberate
28 speed of unsafe and unhealthy conditions identified. The abatement plan shall
29 be submitted to the administrator of the division of building safety. The
30 school district or other entity shall immediately begin to implement its plan
31 of abatement and must separately account for its costs of abatement of unsafe
32 and unhealthy conditions and separately segregate funds for the abatement of
33 unsafe and unhealthy conditions as required by subsection (5) of this sec-
34 tion.
35 (5) Special provisions for implementation of plan of abatement.
36 (a) Notwithstanding any other provisions of law concerning expenditure of
37 lottery moneys distributed to the school district or other entity, all
38 lottery moneys provided to the school district or other entity for a
39 school year in which the school district cannot abate unsafe or unhealthy
40 conditions identified and not legally encumbered to other uses at the time
41 and all lottery moneys for following school years shall be segregated and
42 expended exclusively for abatement of unsafe and unhealthy conditions
43 identified until all of the unhealthy and unsafe conditions identified are
44 abated, provided, if the school district has obtained a loan from the
45 safety and health revolving loan and grant fund, the provisions of section
46 33-1017, Idaho Code, and the conditions of the loan shall determine the
47 use of the school district's lottery moneys during the term of the loan.
48 (b) If the lottery moneys referred to in paragraph (a) of this subsection
49 will, in the board of trustees' or other governing bodies' estimation, be
50 insufficient to abate the unsafe and unhealthy conditions identified, the
51 plan of abatement shall identify additional sources of funds to complete
52 the abatement of the unsafe and unhealthy conditions. The board of
53 trustees may choose from among the following sources, or from other
54 sources of its own identification, but the plan of abatement must identify
55 sufficient sources of funds for abatement.
3
1 (i) If the school district is not levying under chapter 8, title
2 33, Idaho Code, at the maximum levies allowed by law for levies that
3 may be imposed by a board of trustees without an election, the board
4 of trustees may increase any of those levies as allowed by law for
5 the school year following the school year in which it was unable to
6 abate unsafe or unhealthy conditions identified.
7 (ii) If the school district is levying under chapter 8, title 33,
8 Idaho Code, at the maximum levies allowed by law for levies that may
9 be imposed by the board of trustees without an election; or, if
10 after increasing those levies to the maximum levies allowed by law
11 for levies that may be imposed by the board of trustees without an
12 election, there will still be insufficient funds to abate unsafe or
13 unhealthy conditions identified, the school district, after giving
14 notice and conducting a hearing, may declare a financial emergency
15 and/or may apply for a loan or, if eligible, an interest grant from
16 the safety and health revolving loan and grant fund as provided in
17 section 33-1017, Idaho Code, to obtain funds to abate the unsafe or
18 unhealthy conditions identified.
19 (iii) Upon the declaration of a financial emergency, the board of
20 trustees shall have the power to impose a reduction in force, to
21 freeze some or all salaries in the school district, and/or to suspend
22 some or all contracts that may be legally suspended upon the declara-
23 tion of a financial emergency; provided, that when a board of
24 trustees declares a financial emergency, or when a declaration of a
25 financial emergency is imposed by the state treasurer pursuant to
26 section 33-1017, Idaho Code, and there is a reduction in force, some
27 or all salaries are frozen, or some contracts are suspended, the pay-
28 ments to the school district under the foundation program of chapter
29 10, title 33, Idaho Code, and in particular the staff allowances
30 under that chapter, shall not be reduced during the duration of the
31 financial emergency as a result of a reduction in force, frozen sala-
32 ries, or suspended salaries from what the staff allowance would be
33 without the reduction in force, frozen salaries or suspended con-
34 tracts.
35 (c) All costs of abatement for a program implementing plans of abatement
36 under subsection (5) of this section must be separately accounted for and
37 documented with regard to abatement of each unsafe or unhealthy condition
38 identified. Funds obtained under section 33-1017, Idaho Code, must be used
39 exclusively to abate unsafe or unhealthy conditions identified. Funds
40 obtained pursuant to section 33-1017, Idaho Code, in excess of funds nec-
41 essary to abate unsafe or unhealthy conditions identified must be returned
42 as provided in section 33-1017, Idaho Code. Return of these funds shall be
43 judicially enforceable as provided in section 33-1017, Idaho Code.
44 SECTION 2. That Section 39-8004, Idaho Code, be, and the same is hereby
45 amended to read as follows:
46 39-8004. DEFINITIONS. As used in this act:
47 (1) "Administrator" means the administrator of the division of building
48 safety or his designated representative.
49 (2) "Day" shall mean a calendar day unless otherwise specified.
50 (3) "Imminent safety hazard" means a condition that presents an unreason-
51 able risk of death or serious bodily injury to occupants of a building.
52 (4) "Licensed professional" means a person licensed by the state of Idaho
53 as an architect or an engineer.
4
1 (5) "Local government" means any city or county of this state.
2 (6) "Serious safety hazard" means a condition that presents an unreason-
3 able health risk or risk of injury to occupants of a building.
4 SECTION 3. That Section 39-8008, Idaho Code, be, and the same is hereby
5 amended to read as follows:
6 39-8008. ADDITIONAL DUTIES OF ADMINISTRATOR -- RIGHT OF INSPECTION --
7 POSTING. (1) The administrator shall have authority to enter all public school
8 facilities covered by this chapter at reasonable times and inspect such facil-
9 ities for compliance with the Idaho uniform school building safety code.
10 (2) If the administrator finds a violation of the Idaho uniform school
11 building safety code that he concludes does not constitute an imminent safety
12 hazard or serious safety hazard, he shall notify in writing the school dis-
13 trict superintendent, principal, board member, or other person in charge.
14 (3) If the administrator finds a violation of the Idaho uniform school
15 building safety code that he concludes constitutes a serious safety hazard, he
16 shall immediately issue a written order or notice requiring the school super-
17 intendent, principal, board of trustees or other person in charge to eliminate
18 the condition without delay and within the time specified by the administrator
19 in the notice or order, but not exceeding one (1) year.
20 (4) If the administrator finds a violation of the Idaho uniform school
21 building safety code that he concludes constitutes an imminent safety hazard,
22 he shall immediately notify the department of administration and request that
23 the department of administration designate a licensed professional to inde-
24 pendently evaluate the condition prior to issuing any report under this chap-
25 ter. The department of administration shall, within two (2) working days, des-
26 ignate a licensed professional to independently evaluate the condition identi-
27 fied. That licensed professional shall, within fourteen (14) days, complete
28 its independent evaluation of the condition identified by the administrator
29 and notify the director of the department of administration of its conclu-
30 sions. If the administrator determines that the condition constituting an
31 imminent safety hazard could reasonably be expected to cause death or serious
32 physical harm before the evaluation of the department of administration can be
33 completed and before the condition can be eliminated, he shall determine the
34 extent of the area where such condition exists and thereupon shall issue a
35 written order or notice requiring the school district superintendent, princi-
36 pal, board member of trustees or other person in charge to cause all persons,
37 except those necessary to eliminate the condition, to be withdrawn from, and
38 to be restrained from entering, such area pending the evaluation of the
39 department of administration. This order shall be withdrawn if the evaluation
40 of the department of administration does not concur with the administrator
41 that the condition constitutes an imminent safety hazard as could reasonably
42 be expected to cause death or serious physical harm before the condition can
43 be eliminated.
44 (45) If the department of administration agrees with the determination of
45 the administrator that a condition identified constitutes an imminent safety
46 hazard, the department of administration shall, within three (3) working days,
47 so notify the administrator in writing.
48 (56) Upon receipt of such notification in writing, the administrator
49 shall immediately serve, or cause to be served, written notice or order upon
50 the school district superintendent, principal, board member of trustees or
51 other person in charge describing the imminent safety hazard. The administra-
52 tor shall also notify in writing the state superintendent of public instruc-
53 tion of such imminent safety hazard. Upon receipt of such written notice or
5
1 order, the school district superintendent, principal, board member of
2 trustees, or other person in charge shall require all changes necessary to
3 eliminate the imminent safety hazard be made, without delay and within the
4 time specified by the administrator in the notice or order. If the condition
5 presenting an imminent safety hazard is not corrected within the specified
6 time, or if the administrator determines that the condition constituting such
7 imminent safety hazard could reasonably be expected to cause death or serious
8 physical harm before the condition can be eliminated, if he has not previously
9 done so he shall determine the extent of the area where such condition exists
10 and thereupon shall issue an order or notice requiring the school district
11 superintendent, principal, board member, or other person in charge to cause
12 all persons, except those necessary to eliminate the condition, to be with-
13 drawn from, and to be restrained from entering, such area. The school district
14 superintendent, principal, board member, or other person in charge shall
15 assist the administrator as necessary to post such areas to prevent injury.
16 (7) If the administrator finds a violation of the Idaho uniform school
17 building safety code that he concludes constitutes a serious safety hazard and
18 issues a written order or notice requiring the conditions to be eliminated in
19 not more than one (1) year, the school superintendent, principal, board of
20 trustees, or other person in charge contests the administrator's finding that
21 the condition is a serious safety hazard, then the school superintendent,
22 principal, board of trustees, or other person in charge shall have fourteen
23 (14) days from the date of the issuance of the administrator's written order
24 or notice to request a hearing to initiate a contested case under chapter 52,
25 title 67, Idaho Code. If a hearing is requested, the administrator shall con-
26 duct a hearing to consider the contested case or may appoint a hearing officer
27 knowledgeable about the Idaho uniform school building safety code to consider
28 the contested case. All administrative proceedings under this subsection shall
29 be expedited as necessary to assure that serious safety hazards are eliminated
30 as required by this section if the administrator's initial determination that
31 there was a serious safety hazard is confirmed in the contested case proceed-
32 ings.
33 (68) The administrator shall follow up on monitor the school district's
34 progress in addressing any identified imminent safety hazard or serious safety
35 hazard to ensure that appropriate corrective action was taken. The administra-
36 tor may extend the time for completing corrective action if he deems neces-
37 sary.
38 (79) Upon completion of corrective action and verification of such com-
39 pletion by the division of building safety and the department of administra-
40 tion, the administrator shall provide a report to the state superintendent of
41 public instruction, the local superintendent of schools and the chair of the
42 local school board.
43 SECTION 4. That Section 39-8009, Idaho Code, be, and the same is hereby
44 amended to read as follows:
45 39-8009. INJUNCTION. Upon failure of the district superintendent, princi-
46 pal, board member of trustees, or other person in charge to comply with the
47 requirements stated in any notice or order relating to an imminent safety haz-
48 ard or serious safety hazard, the administrator may maintain an action in the
49 name of the state of Idaho to enjoin the district superintendent, principal,
50 board member of trustees or other person in charge from acting in violation of
51 such notice or order or from doing any action that interferes with the admin-
52 istrator carrying out his statutory duties. Such action shall be brought in
53 the district court in which said acts are claimed to have been committed by
6
1 filing a verified complaint setting forth said act. The court, if satisfied
2 from such complaint or affidavits that the act complained of has been or is
3 being committed and will persist, may issue a temporary writ without notice or
4 bond enjoining the defendant from the commission of such act pending final
5 disposition of the cause. The cause shall proceed as in other causes for
6 injunction. If, at the trial, the commission of said act by the defendant be
7 established and the court further finds it probable that the defendant will
8 continue in such act or similar acts, the court shall enter a decree enjoining
9 said defendant from committing said or similar acts.
10 SECTION 5. That Section 39-8011, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 39-8011. VIOLATIONS. (1) If a school district, the district superintend-
13 ent, principal, board member of trustees, or other person in charge willfully
14 violates the provisions of this chapter, the state superintendent of public
15 instruction, with the concurrence of the state board of education, shall with-
16 hold such ensuing apportionments as are reasonably necessary to make correc-
17 tive repairs to address abate the identified imminent safety hazard or serious
18 safety hazard. Withheld funds shall be disbursed only to pay for such repairs.
19 (2) It is a misdemeanor to remove, without permission of the administra-
20 tor, a notice or order posted pursuant to this chapter.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
Moved by Higgins
Seconded by Jones
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO S.B. NO. 1434
1 AMENDMENTS TO SECTION 3
2 On page 5 of the printed bill, in line 19, following: "year," insert:
3 "and"; in line 25, following "requested," delete the remainder of the line and
4 in line 26, delete "duct a hearing" and insert: "the superintendent of public
5 instruction shall appoint a hearing officer"; and also in line 26, following
6 "case" delete the remainder of the line, delete all of line 27, and in line
7 28, delete "the contested case".
8 AMENDMENT TO SECTION 5
9 On page 6, in line 18, following "funds" insert: ", not to exceed one and
10 one-half percent (1 1/2%) of the district's appropriation,".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE SENATE
SENATE BILL NO. 1434, As Amended in the House
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO ABATEMENT OF SERIOUS SAFETY HAZARDS IN SCHOOL BUILDINGS; AMENDING
3 SECTION 33-1613, IDAHO CODE, TO CLARIFY REQUIREMENTS FOR ABATEMENT OF
4 UNSAFE OR UNHEALTHY CONDITIONS; AMENDING SECTION 39-8004, IDAHO CODE, TO
5 DEFINE AN ADDITIONAL TERM; AMENDING SECTION 39-8008, IDAHO CODE, TO PRO-
6 VIDE FOR A RESPONSE TO A SERIOUS SAFETY HAZARD WITHIN THE TIME SPECIFIED
7 AND FOR AN APPEAL OF THE FINDING; AMENDING SECTION 39-8009, IDAHO CODE, TO
8 AUTHORIZE INJUNCTIVE RELIEF FOR FAILURE TO COMPLY WITH A NOTICE OR ORDER
9 RELATING TO A SERIOUS SAFETY HAZARD; AND AMENDING SECTION 39-8011, IDAHO
10 CODE, TO PROVIDE PENALTIES FOR VIOLATIONS RELATED TO A SERIOUS SAFETY HAZ-
11 ARD.
12 Be It Enacted by the Legislature of the State of Idaho:
13 SECTION 1. That Section 33-1613, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 33-1613. SAFE PUBLIC SCHOOL FACILITIES REQUIRED. (1) Definition. As used
16 in this section, "public school facilities" means the physical plant of
17 improved or unimproved real property owned or operated by a school district, a
18 charter school, or a school for children in any grades kindergarten through
19 twelve (12) that is operated by the state of Idaho, including school build-
20 ings, administration buildings, playgrounds, athletic fields, etc., used by
21 schoolchildren or school personnel in the normal course of providing a gen-
22 eral, uniform and thorough system of public, free common schools, but does not
23 include areas, buildings or parts of buildings closed from or not used in the
24 normal course of providing a general, uniform and thorough system of public,
25 free common schools. The aspects of a safe environment conducive to learning
26 as provided by section 33-1612, Idaho Code, that pertain to the physical plant
27 used to provide a general, uniform and thorough system of public, free common
28 schools are hereby defined as those necessary to comply with the safety and
29 health requirements set forth in this section.
30 (2) Inspection. It is the duty of the board of trustees of every school
31 district and the governing body for other schools described in subsection (1)
32 of this section at least once in every school year to require an independent
33 inspection of the school district's or other entity's school facilities to
34 determine whether those school facilities comply with codes addressing safety
35 and health standards for facilities, including electrical, plumbing, mechani-
36 cal, elevator, fire safety, boiler safety, life safety, structural, snow load-
37 ing, and sanitary codes, adopted by or pursuant to the Idaho uniform school
38 building safety act, chapter 80, title 39, Idaho Code, adopted by the state
39 fire marshal, adopted by generally applicable local ordinances, or adopted by
40 rule of the state board of education and applicable to school facilities. The
41 inspection shall be done pursuant to chapter 80, title 39, Idaho Code, or by
42 an independent inspector professionally qualified to conduct inspections under
43 the applicable code. The results of the inspection shall be presented to the
2
1 administrator of the division of building safety and the board of trustees or
2 other governing body for its review and consideration.
3 (3) Abatement required -- Reporting. The board of trustees or other gov-
4 erning body shall, in its sole discretion, accept or reject the results of the
5 inspection in whole or in part and in so doing shall identify any unsafe or
6 unhealthy conditions in the school district or other entity. The board of
7 trustees or other governing body shall require that the unsafe or unhealthy
8 conditions be abated and shall instruct the school district's or other
9 entity's personnel to take necessary steps to abate unsafe or unhealthy con-
10 ditions. The board of trustees or other governing body must issue a report in
11 the same school year in which the inspections are made declaring whether any
12 unsafe or unhealthy conditions identified have not been abated. The state
13 board of education may shall, by rule, provide for uniform reporting of unsafe
14 and unhealthy conditions and for uniform reporting of abatement or absence of
15 abatement of unsafe and unhealthy conditions. Copies of such reports shall be
16 provided to the administrator of the division of building safety and the board
17 of trustees of the school district.
18 (4) Costs of and plan of abatement. If the school district or other
19 entity described in subsection (1) of this section can abate all unsafe or
20 unhealthy conditions identified with the funds available to the school dis-
21 trict or other entity, it shall do so, and it need not separately account for
22 the costs of abatement nor segregate funds expended for abatement. If the
23 school district or other entity cannot abate all unsafe or unhealthy condi-
24 tions identified with the funds available to it, the board of trustees or
25 other governing body shall direct that a plan of abatement be prepared. The
26 plan of abatement shall provide a timetable that shall begin no later than the
27 following school year and that shall provide for abatement with all deliberate
28 speed of unsafe and unhealthy conditions identified. The abatement plan shall
29 be submitted to the administrator of the division of building safety. The
30 school district or other entity shall immediately begin to implement its plan
31 of abatement and must separately account for its costs of abatement of unsafe
32 and unhealthy conditions and separately segregate funds for the abatement of
33 unsafe and unhealthy conditions as required by subsection (5) of this sec-
34 tion.
35 (5) Special provisions for implementation of plan of abatement.
36 (a) Notwithstanding any other provisions of law concerning expenditure of
37 lottery moneys distributed to the school district or other entity, all
38 lottery moneys provided to the school district or other entity for a
39 school year in which the school district cannot abate unsafe or unhealthy
40 conditions identified and not legally encumbered to other uses at the time
41 and all lottery moneys for following school years shall be segregated and
42 expended exclusively for abatement of unsafe and unhealthy conditions
43 identified until all of the unhealthy and unsafe conditions identified are
44 abated, provided, if the school district has obtained a loan from the
45 safety and health revolving loan and grant fund, the provisions of section
46 33-1017, Idaho Code, and the conditions of the loan shall determine the
47 use of the school district's lottery moneys during the term of the loan.
48 (b) If the lottery moneys referred to in paragraph (a) of this subsection
49 will, in the board of trustees' or other governing bodies' estimation, be
50 insufficient to abate the unsafe and unhealthy conditions identified, the
51 plan of abatement shall identify additional sources of funds to complete
52 the abatement of the unsafe and unhealthy conditions. The board of
53 trustees may choose from among the following sources, or from other
54 sources of its own identification, but the plan of abatement must identify
55 sufficient sources of funds for abatement.
3
1 (i) If the school district is not levying under chapter 8, title
2 33, Idaho Code, at the maximum levies allowed by law for levies that
3 may be imposed by a board of trustees without an election, the board
4 of trustees may increase any of those levies as allowed by law for
5 the school year following the school year in which it was unable to
6 abate unsafe or unhealthy conditions identified.
7 (ii) If the school district is levying under chapter 8, title 33,
8 Idaho Code, at the maximum levies allowed by law for levies that may
9 be imposed by the board of trustees without an election; or, if
10 after increasing those levies to the maximum levies allowed by law
11 for levies that may be imposed by the board of trustees without an
12 election, there will still be insufficient funds to abate unsafe or
13 unhealthy conditions identified, the school district, after giving
14 notice and conducting a hearing, may declare a financial emergency
15 and/or may apply for a loan or, if eligible, an interest grant from
16 the safety and health revolving loan and grant fund as provided in
17 section 33-1017, Idaho Code, to obtain funds to abate the unsafe or
18 unhealthy conditions identified.
19 (iii) Upon the declaration of a financial emergency, the board of
20 trustees shall have the power to impose a reduction in force, to
21 freeze some or all salaries in the school district, and/or to suspend
22 some or all contracts that may be legally suspended upon the declara-
23 tion of a financial emergency; provided, that when a board of
24 trustees declares a financial emergency, or when a declaration of a
25 financial emergency is imposed by the state treasurer pursuant to
26 section 33-1017, Idaho Code, and there is a reduction in force, some
27 or all salaries are frozen, or some contracts are suspended, the pay-
28 ments to the school district under the foundation program of chapter
29 10, title 33, Idaho Code, and in particular the staff allowances
30 under that chapter, shall not be reduced during the duration of the
31 financial emergency as a result of a reduction in force, frozen sala-
32 ries, or suspended salaries from what the staff allowance would be
33 without the reduction in force, frozen salaries or suspended con-
34 tracts.
35 (c) All costs of abatement for a program implementing plans of abatement
36 under subsection (5) of this section must be separately accounted for and
37 documented with regard to abatement of each unsafe or unhealthy condition
38 identified. Funds obtained under section 33-1017, Idaho Code, must be used
39 exclusively to abate unsafe or unhealthy conditions identified. Funds
40 obtained pursuant to section 33-1017, Idaho Code, in excess of funds nec-
41 essary to abate unsafe or unhealthy conditions identified must be returned
42 as provided in section 33-1017, Idaho Code. Return of these funds shall be
43 judicially enforceable as provided in section 33-1017, Idaho Code.
44 SECTION 2. That Section 39-8004, Idaho Code, be, and the same is hereby
45 amended to read as follows:
46 39-8004. DEFINITIONS. As used in this act:
47 (1) "Administrator" means the administrator of the division of building
48 safety or his designated representative.
49 (2) "Day" shall mean a calendar day unless otherwise specified.
50 (3) "Imminent safety hazard" means a condition that presents an unreason-
51 able risk of death or serious bodily injury to occupants of a building.
52 (4) "Licensed professional" means a person licensed by the state of Idaho
53 as an architect or an engineer.
4
1 (5) "Local government" means any city or county of this state.
2 (6) "Serious safety hazard" means a condition that presents an unreason-
3 able health risk or risk of injury to occupants of a building.
4 SECTION 3. That Section 39-8008, Idaho Code, be, and the same is hereby
5 amended to read as follows:
6 39-8008. ADDITIONAL DUTIES OF ADMINISTRATOR -- RIGHT OF INSPECTION --
7 POSTING. (1) The administrator shall have authority to enter all public school
8 facilities covered by this chapter at reasonable times and inspect such facil-
9 ities for compliance with the Idaho uniform school building safety code.
10 (2) If the administrator finds a violation of the Idaho uniform school
11 building safety code that he concludes does not constitute an imminent safety
12 hazard or serious safety hazard, he shall notify in writing the school dis-
13 trict superintendent, principal, board member, or other person in charge.
14 (3) If the administrator finds a violation of the Idaho uniform school
15 building safety code that he concludes constitutes a serious safety hazard, he
16 shall immediately issue a written order or notice requiring the school super-
17 intendent, principal, board of trustees or other person in charge to eliminate
18 the condition without delay and within the time specified by the administrator
19 in the notice or order, but not exceeding one (1) year.
20 (4) If the administrator finds a violation of the Idaho uniform school
21 building safety code that he concludes constitutes an imminent safety hazard,
22 he shall immediately notify the department of administration and request that
23 the department of administration designate a licensed professional to inde-
24 pendently evaluate the condition prior to issuing any report under this chap-
25 ter. The department of administration shall, within two (2) working days, des-
26 ignate a licensed professional to independently evaluate the condition identi-
27 fied. That licensed professional shall, within fourteen (14) days, complete
28 its independent evaluation of the condition identified by the administrator
29 and notify the director of the department of administration of its conclu-
30 sions. If the administrator determines that the condition constituting an
31 imminent safety hazard could reasonably be expected to cause death or serious
32 physical harm before the evaluation of the department of administration can be
33 completed and before the condition can be eliminated, he shall determine the
34 extent of the area where such condition exists and thereupon shall issue a
35 written order or notice requiring the school district superintendent, princi-
36 pal, board member of trustees or other person in charge to cause all persons,
37 except those necessary to eliminate the condition, to be withdrawn from, and
38 to be restrained from entering, such area pending the evaluation of the
39 department of administration. This order shall be withdrawn if the evaluation
40 of the department of administration does not concur with the administrator
41 that the condition constitutes an imminent safety hazard as could reasonably
42 be expected to cause death or serious physical harm before the condition can
43 be eliminated.
44 (45) If the department of administration agrees with the determination of
45 the administrator that a condition identified constitutes an imminent safety
46 hazard, the department of administration shall, within three (3) working days,
47 so notify the administrator in writing.
48 (56) Upon receipt of such notification in writing, the administrator
49 shall immediately serve, or cause to be served, written notice or order upon
50 the school district superintendent, principal, board member of trustees or
51 other person in charge describing the imminent safety hazard. The administra-
52 tor shall also notify in writing the state superintendent of public instruc-
53 tion of such imminent safety hazard. Upon receipt of such written notice or
5
1 order, the school district superintendent, principal, board member of
2 trustees, or other person in charge shall require all changes necessary to
3 eliminate the imminent safety hazard be made, without delay and within the
4 time specified by the administrator in the notice or order. If the condition
5 presenting an imminent safety hazard is not corrected within the specified
6 time, or if the administrator determines that the condition constituting such
7 imminent safety hazard could reasonably be expected to cause death or serious
8 physical harm before the condition can be eliminated, if he has not previously
9 done so he shall determine the extent of the area where such condition exists
10 and thereupon shall issue an order or notice requiring the school district
11 superintendent, principal, board member, or other person in charge to cause
12 all persons, except those necessary to eliminate the condition, to be with-
13 drawn from, and to be restrained from entering, such area. The school district
14 superintendent, principal, board member, or other person in charge shall
15 assist the administrator as necessary to post such areas to prevent injury.
16 (7) If the administrator finds a violation of the Idaho uniform school
17 building safety code that he concludes constitutes a serious safety hazard and
18 issues a written order or notice requiring the conditions to be eliminated in
19 not more than one (1) year, and the school superintendent, principal, board of
20 trustees, or other person in charge contests the administrator's finding that
21 the condition is a serious safety hazard, then the school superintendent,
22 principal, board of trustees, or other person in charge shall have fourteen
23 (14) days from the date of the issuance of the administrator's written order
24 or notice to request a hearing to initiate a contested case under chapter 52,
25 title 67, Idaho Code. If a hearing is requested, the superintendent of public
26 instruction shall appoint a hearing officer to consider the contested case.
27 All administrative proceedings under this subsection shall be expedited as
28 necessary to assure that serious safety hazards are eliminated as required by
29 this section if the administrator's initial determination that there was a
30 serious safety hazard is confirmed in the contested case proceedings.
31 (68) The administrator shall follow up on monitor the school district's
32 progress in addressing any identified imminent safety hazard or serious safety
33 hazard to ensure that appropriate corrective action was taken. The administra-
34 tor may extend the time for completing corrective action if he deems neces-
35 sary.
36 (79) Upon completion of corrective action and verification of such com-
37 pletion by the division of building safety and the department of administra-
38 tion, the administrator shall provide a report to the state superintendent of
39 public instruction, the local superintendent of schools and the chair of the
40 local school board.
41 SECTION 4. That Section 39-8009, Idaho Code, be, and the same is hereby
42 amended to read as follows:
43 39-8009. INJUNCTION. Upon failure of the district superintendent, princi-
44 pal, board member of trustees, or other person in charge to comply with the
45 requirements stated in any notice or order relating to an imminent safety haz-
46 ard or serious safety hazard, the administrator may maintain an action in the
47 name of the state of Idaho to enjoin the district superintendent, principal,
48 board member of trustees or other person in charge from acting in violation of
49 such notice or order or from doing any action that interferes with the admin-
50 istrator carrying out his statutory duties. Such action shall be brought in
51 the district court in which said acts are claimed to have been committed by
52 filing a verified complaint setting forth said act. The court, if satisfied
53 from such complaint or affidavits that the act complained of has been or is
6
1 being committed and will persist, may issue a temporary writ without notice or
2 bond enjoining the defendant from the commission of such act pending final
3 disposition of the cause. The cause shall proceed as in other causes for
4 injunction. If, at the trial, the commission of said act by the defendant be
5 established and the court further finds it probable that the defendant will
6 continue in such act or similar acts, the court shall enter a decree enjoining
7 said defendant from committing said or similar acts.
8 SECTION 5. That Section 39-8011, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 39-8011. VIOLATIONS. (1) If a school district, the district superintend-
11 ent, principal, board member of trustees, or other person in charge willfully
12 violates the provisions of this chapter, the state superintendent of public
13 instruction, with the concurrence of the state board of education, shall with-
14 hold such ensuing apportionments as are reasonably necessary to make correc-
15 tive repairs to address abate the identified imminent safety hazard or serious
16 safety hazard. Withheld funds, not to exceed one and one-half percent (1 1/2%)
17 of the district's appropriation, shall be disbursed only to pay for such
18 repairs.
19 (2) It is a misdemeanor to remove, without permission of the administra-
20 tor, a notice or order posted pursuant to this chapter.
STATEMENT OF PURPOSE
RS 12058
The purpose of this legislation is to amend 33-1613, 39-8008,
39-8009, and 39-8011 to provide a failsafe method to either
remediate a serious safety hazard or to deny occupancy.
FISCAL IMPACT
None
Contact
Name: Senator Darrel Deide
Phone: 332-1328
Representative Lawrence Denney
332-1244
STATEMENT OF PURPOSE/FISCAL NOTE S 1434
REVISED REVISED REVISED REVISED