2002 Legislation
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HOUSE BILL NO. 532 – Lottery money/school dist bldg acct

HOUSE BILL NO. 532

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H0532..........................................................by EDUCATION
LOTTERY MONEYS - SCHOOLS - Amends existing law to provide that net income
of the lottery shall be transferred to the School District Building
Account; and to specify use of the moneys in the School District Building
Account for abatement of unsafe or unhealthy conditions after 2003.
                                                                        
01/31    House intro - 1st rdg - to printing
02/01    Rpt prt - to Approp
02/08    Rpt out - Ref'd 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. 532
                                                                        
                                   BY EDUCATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO LOTTERY DIVIDENDS; AMENDING SECTION 67-7434, IDAHO CODE,  TO  PRO-
  3        VIDE THAT THE NET INCOME OF THE LOTTERY SHALL BE TRANSFERRED TO THE SCHOOL
  4        DISTRICT BUILDING ACCOUNT AND TO STRIKE OBSOLETE PROVISIONS; AMENDING SEC-
  5        TION 33-905, IDAHO CODE, TO PROVIDE THAT MONEYS SHALL BE APPLIED TO ABATE-
  6        MENT OF UNSAFE OR UNHEALTHY CONDITIONS AND TO PROVIDE A CORRECT REFERENCE;
  7        AND PROVIDING AN EFFECTIVE DATE.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION  1.  That  Section 67-7434, Idaho Code, be, and the same is hereby
 10    amended to read as follows:
                                                                        
 11        67-7434.  LOTTERY DIVIDENDS. Annually, on July 1, the lottery shall trans-
 12    fer one-half (1/2) of its net income to the  permanent  building  account  and
 13    one-half  (1/2)  of  its  net  income to the school district building account,
 14    after reserving sufficient moneys to ensure the continuation of  the  lottery,
 15    as determined by the director and commission.
 16        A one (1) time allotment of two hundred thousand dollars ($200,000) of the
 17    lottery's  first  year  dividends shall be allocated and used by the permanent
 18    building fund advisory council for the  construction  of  a  Vietnam  veterans
 19    memorial in the state.
                                                                        
 20        SECTION  2.  That  Section  33-905, Idaho Code, be, and the same is hereby
 21    amended to read as follows:
                                                                        
 22        33-905.  SCHOOL DISTRICT BUILDING ACCOUNT -- PAYMENTS TO ACCOUNT -- MONEYS
 23    APPROPRIATED TO STATE BOARD -- APPLICATION FOR MONEYS -- PAYMENTS TO DISTRICTS
 24    -- REPORTS ON APPLICATIONS -- USES OF MONEYS. 1. The state of Idaho, recogniz-
 25    ing its responsibility to establish and maintain a general, uniform and  thor-
 26    ough  system of public, free common schools, in an effort to partially fulfill
 27    this responsibility, hereby creates and establishes the school district build-
 28    ing account in the state treasury. The school district building account  shall
 29    have paid into it such appropriations or revenues as may be provided by law.
 30        2.  Moneys in the school district building account are hereby appropriated
 31    to  and  may  be  expended by the state board of education at any time for the
 32    purposes provided in this section, any provision  of  chapter  35,  title  67,
 33    Idaho Code, or chapter 36, title 67, Idaho Code, notwithstanding.
 34        3. (a)  As  to any moneys in the account other than lottery dividends dis-
 35        tributed pursuant to subsection 4. of this section, the board of  trustees
 36        of  any  school  district  may  apply  to  the state board of education to
 37        receive a payment or payments from the school district  building  account;
 38        provided,  a district demonstrates to the state board of education that it
 39        has a substantial and serious need based  upon  the  district's  classroom
 40        student-teacher ratios, past efforts to levy for such construction, physi-
 41        cal  condition of existing structures, and the total assessed market value
                                                                        
                                           2
                                                                        
  1        of the district, all of which shall be further defined by actual need cri-
  2        teria established by the state board of education.
  3        (b)  When an application for moneys from the account is  approved  by  the
  4        state board of education, the state board shall inform the school district
  5        that  the  application  has  been approved, citing the amount approved for
  6        payment and an estimate of the time  when the payment can actually be made
  7        to the school district.
  8        4.  By not later than August 31, moneys in the account pursuant to distri-
  9    bution from section 67-7434, Idaho Code, the lottery  dividends  and  interest
 10    earned  thereon, shall be distributed to each of the several school districts,
 11    in the proportion that the average daily attendance of that district  for  the
 12    previous  school year bears to the total average daily attendance of the state
 13    during the previous school year. For the purposes of this subsection 4.  only,
 14    the Idaho school for the deaf and blind shall be considered a school district,
 15    and  shall  receive  a distribution based upon the average daily attendance of
 16    the school. Average daily attendance shall be calculated as provided  in  sec-
 17    tion 33-1002 45., Idaho Code.
 18        5.  All  payments  from the school district building account shall be paid
 19    out directly to the school district in warrants drawn by the state  controller
 20    upon  presentation of proper vouchers from the state board of education. Pend-
 21    ing payments out of the school district building account, the  moneys  in  the
 22    account  shall  be  invested by the state treasurer in the same manner as pro-
 23    vided under section 67-1210, Idaho Code, with respect to other idle moneys  in
 24    the  state  treasury.  Interest earned on the investments shall be returned to
 25    the school district building account.
 26        6.  Payments from the school  district  building  account  received  by  a
 27    school  district  shall  be  first  applied  to the abatement of any unsafe or
 28    unhealthy conditions identified pursuant to section 33-1613, Idaho Code,  and,
 29    thereafter,  may be used by the school district for the purposes authorized in
 30    section 33-1102, Idaho Code.
 31        7. (a)  By not later than December 1, each school district shall report to
 32        the state department of education the projects on  which  moneys  received
 33        from the school district building account were expended. The state depart-
 34        ment of education shall transmit a summary of such reports to the legisla-
 35        ture by not later than January 15 of the following year.
 36        (b)  By  not  later  than December 1, each school district shall report to
 37        the state department of education the planned uses for the moneys received
 38        from the school district building account.  The state department of educa-
 39        tion shall transmit a summary of the reports to  the  legislature  by  not
 40        later than January 15 of the following year.
                                                                        
 41        SECTION  3.  This  act shall be in full force and effect on and after July
 42    1, 2003.

Statement of Purpose / Fiscal Impact



                        STATEMENT OF PURPOSE
                           RS 11599C2

This bill will adjust the way that lottery income is distributed. 
It will put the net income of the lottery into the school
district building account and add a provision that these moneys
first be applied to the abatement of unsafe or unhealthy
conditions pursuant to section 33-1613, Idaho Code.  It also
removes obsolete language that only applied to the first year
that the lottery was in effect. It will become effective July
2003.

                            FISCAL IMPACT
                                
The fiscal impact to the total general fund will be neutral since
the bill only shifts the proportion of funds into which the net
income from the lottery is placed.  In fiscal year 2002, the 
allocation to the school district building account from the
lottery was 7.5 million dollars.  The lottery generated total
dividends of 15 million dollars in fiscal year 2002.

Contact
Name: Rep. Steve Smylie 
Phone: 332-1000




STATEMENT OF PURPOSE/FISCAL NOTE                   H 532