2003 Legislation
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HOUSE BILL NO. 326 – Schools, unsafe, expenditure

HOUSE BILL NO. 326

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Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              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 / Fiscal Impact



                       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