View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
H0326..........................................................by EDUCATION
SCHOOLS - UNSAFE - Adds to existing law to provide that the repair,
renovation or replacement of unsafe or unhealthy conditions in public
school facilities is an ordinary and necessary expense within the meaning
of Section 3, Article VIII, of the Constitution of the State of Idaho.
03/04 House intro - 1st rdg - to printing
03/05 Rpt prt - to Educ
03/12 Rpt out - rec d/p - to 2nd rdg
03/13 2nd rdg - to 3rd rdg
03/17 3rd rdg - PASSED - 62-6-2
AYES -- Andersen, Barraclough, Bauer, Bedke, Bell, Bieter, Black,
Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow,
Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
Field(18), Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet,
Jones, Kellogg, Lake, Langhorst, Martinez, McGeachin, McKague, Meyer,
Miller, Mitchell, Naccarato, Nielsen, Raybould, Ridinger, Ring,
Ringo, Roberts, Robison, Rydalch, Sayler, Schaefer, Shepherd,
Shirley, Skippen, Smith(30), Smylie, Snodgrass, Stevenson, Trail,
Wills, Mr. Speaker
NAYS -- Barrett, Kulczyk, Langford, Moyle, Sali, Wood
Absent and excused -- Smith(24), Tilman
Floor Sponsors - Eskridge & Denney
Title apvd - to Senate
03/19 Senate intro - 1st rdg - to Educ
03/27 Rpt out - rec d/p - to 2nd rdg
03/28 2nd rdg - to 3rd rdg
04/01 3rd rdg - PASSED - 23-12-0
AYES -- Andreason, Bailey, Bunderson, Burkett(Roberts), Calabretta,
Compton, Darrington, Davis, Gannon, Goedde, Ingram, Kennedy, Little,
Lodge, Malepeai, Marley, McWilliams, Noh, Schroeder, Sorensen,
Stegner, Stennett, Werk
NAYS -- Brandt, Burtenshaw, Cameron, Geddes, Hill, Keough, McKenzie,
Noble, Pearce, Richardson, Sweet, Williams
Absent and excused -- None
Floor Sponsor - Goedde
Title apvd - to House
04/02 To enrol
04/03 Rpt enrol - Sp signed
04/04 Pres signed
04/07 To Governor
04/08 Governor signed
Session Law Chapter 270
Effective: 04/08/03 for all pending proceedings
in Idaho courts
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 326
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO SAFE SCHOOLS AND REPAIR, RENOVATION OR REPLACEMENT OF UNSAFE OR
3 UNHEALTHY CONDITIONS IN PUBLIC SCHOOL FACILITIES; PROVIDING A STATEMENT OF
4 LEGISLATIVE INTENT; AMENDING CHAPTER 16, TITLE 33, IDAHO CODE, BY THE
5 ADDITION OF A NEW SECTION 33-1613A, IDAHO CODE, TO PROVIDE THAT THE
6 REPAIR, RENOVATION OR REPLACEMENT OF UNSAFE OR UNHEALTHY CONDITIONS IN
7 PUBLIC SCHOOL FACILITIES IS AN ORDINARY AND NECESSARY EXPENSE WITHIN THE
8 MEANING OF SECTION 3, ARTICLE VIII, OF THE CONSTITUTION OF THE STATE OF
9 IDAHO; DECLARING AN EMERGENCY AND PROVIDING APPLICATION TO ALL PENDING
10 PROCEEDINGS.
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. LEGISLATIVE INTENT. It is the intent of the Legislature to
13 clarify that expenditures made to abate unsafe or unhealthy conditions in pub-
14 lic school facilities in order to provide a safe environment conducive to
15 learning by the repair, renovation, or replacement of unsafe or unhealthy pub-
16 lic school facilities are, and have been, ordinary and necessary expenses
17 authorized by the general laws of this state within the meaning of Section 3,
18 Article VIII, of the Constitution of the State of Idaho.
19 SECTION 2. That Chapter 16, Title 33, Idaho Code, be, and the same is
20 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
21 ignated as Section 33-1613A, Idaho Code, and to read as follows:
22 33-1613A. EXPENDITURES TO ABATE UNSAFE OR UNHEALTHY CONDITIONS. Expendi-
23 tures to abate unsafe or unhealthy conditions in public school facilities are
24 ordinary and necessary expenses authorized by the general laws of this section
25 within the meaning of section 3, article VIII, of the constitution of the
26 state of Idaho. The general laws of this state authorizing such expenditures
27 include, but are not limited to: the laws relating to expenditures of proceeds
28 of a school district's sale of real or personal property pursuant to chapter
29 6, title 33, Idaho Code; a school district's collection and expenditure of
30 levies provided by chapter 9, title 33, Idaho Code; a school district's expen-
31 ditures of state funds provided under the foundation program of chapter 10,
32 title 33, Idaho Code; a school district's expenditures of bond proceeds under
33 chapter 11, title 33, Idaho Code; a school district's expenditures for provid-
34 ing safe transportation pursuant to chapter 15, title 33, Idaho Code; a school
35 district's expenditures of proceeds of loans or grants procured pursuant to
36 section 33-1613, Idaho Code, including previous amendments of section 33-1613,
37 Idaho Code; and a school district's expenditures of forest reserve and mining
38 impact funds pursuant to chapter 13, title 57, Idaho Code. The definitions
39 contained in section 33-1613, Idaho Code, apply to this section.
40 SECTION 3. An emergency existing therefor, which emergency is hereby
41 declared to exist, this act shall be in full force and effect on and after its
2
1 passage and approval and shall apply to all proceedings pending before the
2 courts of this state on the effective date of this act.
STATEMENT OF PURPOSE
RS13035
The purpose of this legislation is to clarify that expenditures
made to abate unsafe or unhealthy conditions in public school
facilities by repair, renovation or replacement are and have been
ordinary and necessary expenses.
FISCAL IMPACT
There is no fiscal impact to the general fund.
Contact
Name: Rep. George Eskridge
Rep. Lawerence Denney
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 326