2003 Legislation
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HOUSE BILL NO. 403 – Schools, educational necessity levy

HOUSE BILL NO. 403

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H0403aa...................................................by WAYS AND MEANS
SCHOOLS - UNSAFE/UNHEALTHY - Amends existing law to provide legislative
findings; to provide for the imposition of an educational necessity levy to
abate unsafe and unhealthy conditions upon certain conditions occurring; to
provide procedures; to provide that the "Constitutionally Based Educational
Claims Act" shall apply to pending lawsuits presenting constitutionally
based educational claims that have not proceeded to final judgment; to
provide for suspension of such proceedings; to provide for refiling of
complaints; to provide venue; to provide for the dismissal of certain
parties to the suspended lawsuit; and to provide for designation of
portions of the record to be forwarded to the courts hearing refiled
lawsuits.
                                                                        
04/02    House intro - 1st rdg - to printing
04/03    Rpt prt - to Rev/Tax
04/10    Rpt out - to Gen Ord
04/14    Rpt out amen - to engros
04/15    Rpt engros - 1st rdg - to 2nd rdg as amen
04/16    2nd rdg - to 3rd rdg as amen
04/17    3rd rdg as amen - PASSED - 46-22-2
      AYES -- Barraclough, Barrett, Bauer, Bedke, Bell, Black, Block, Bolz,
      Bradford(Larsen), Cannon, Collins, Crow, Deal, Denney, Eberle,
      Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood,
      Jones, Kellogg, Kulczyk, Lake, Langford, McGeachin, McKague, Meyer,
      Miller, Moyle, Nielsen, Raybould, Ring(Roberge), Roberts, Rydalch,
      Sali, Shirley, Skippen, Smith(24)(Frost), Stevenson, Tilman, Wills,
      Wood, Mr. Speaker
      NAYS -- Andersen, Bieter, Boe, Cuddy, Douglas, Edmunson, Henbest,
      Jaquet, Langhorst, Martinez, Mitchell, Naccarato, Ridinger, Ringo,
      Robison, Sayler, Schaefer, Shepherd, Smith(30), Smylie, Snodgrass,
      Trail(Young)
      Absent and excused -- Campbell, Clark
    Floor Sponsor - Denney
    Title apvd - to Senate
04/18    Senate intro - 1st rdg - to Loc Gov
04/22    Rpt out - rec d/p - to 2nd rdg
04/23    2nd rdg - to 3rd rdg
04/24    3rd rdg - PASSED - 21-12-2
      AYES -- Bailey, Brandt, Bunderson, Burtenshaw, Cameron, Compton,
      Darrington, Davis, Gannon, Geddes, Goedde, Hill, Ingram, Little,
      Lodge, McKenzie, Pearce, Richardson, Sorensen, Sweet, Williams
      NAYS -- Andreason, Calabretta, Kennedy, Keough, Malepeai, Marley,
      McWilliams, Noh, Schroeder, Stegner, Stennett, Werk
      Absent and excused -- Burkett, Noble
    Floor Sponsors - Little & Hill
    Title apvd - to House
04/25    To enrol
04/28    Rpt enrol - Sp signed - Pres signed
    To Governor
05/03    Governor signed
         Session Law Chapter 339
         Effective: 05/03/03

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 403
                                                                        
                                BY WAYS AND MEANS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE CONSTITUTIONALLY BASED EDUCATIONAL CLAIMS ACT; PROVIDING  LEG-
  3        ISLATIVE  FINDINGS;  AMENDING  SECTION  6-2214, IDAHO CODE, TO PROVIDE THE
  4        IMPOSITION OF AN EDUCATIONAL NECESSITY LEVY TO ABATE UNSAFE  OR  UNHEALTHY
  5        CONDITIONS  UPON  CERTAIN  CONDITIONS OCCURRING AND TO PROVIDE PROCEDURES;
  6        AMENDING SECTION 6-2215, IDAHO CODE, TO PROVIDE THAT THE  CONSTITUTIONALLY
  7        BASED  EDUCATIONAL  CLAIMS  ACT SHALL APPLY TO PENDING LAWSUITS PRESENTING
  8        CONSTITUTIONALLY BASED EDUCATIONAL CLAIMS THAT HAVE NOT PROCEEDED TO FINAL
  9        JUDGMENT, TO PROVIDE FOR SUSPENSION OF SUCH PROCEEDINGS  AND  REFILING  OF
 10        COMPLAINTS,  TO  PROVIDE VENUE, TO PROVIDE FOR THE DISMISSAL OF PARTIES TO
 11        THE SUSPENDED LAWSUIT THAT ARE NOT PARTIES TO A  REFILED  LAWSUIT  AND  TO
 12        PROVIDE  FOR  DESIGNATION OF PORTIONS OF THE RECORD TO BE FORWARDED TO THE
 13        COURTS HEARING REFILED LAWSUITS; AMENDING CHAPTER 8, TITLE 33, IDAHO CODE,
 14        BY THE ADDITION OF A NEW SECTION 33-808, IDAHO CODE, TO AUTHORIZE  A  SAFE
 15        SCHOOL  FACILITY  LEVY UNDER CONDITIONS SPECIFIED, TO REQUIRE A NOTICE, TO
 16        ADDRESS A FAILED ELECTION AND TO REQUIRE A HEARING,  TO  REQUIRE  JUDICIAL
 17        CONFIRMATION  AND  TO  PROVIDE  FOR A LEVY TO BE IMPOSED; AND DECLARING AN
 18        EMERGENCY.
                                                                        
 19    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 20        SECTION 1.  LEGISLATIVE FINDINGS. The Legislature finds that  over  twelve
 21    years  of  litigation  regarding  Idaho's  system  of  school  funding has not
 22    productively used the state's resources to ensure that  there  is  a  general,
 23    uniform  and thorough system of public, free common schools. Trial was held in
 24    the spring of 2000, but no final judgment or appealable order has been  issued
 25    and  no  findings of fact specifying which school districts are unable to pro-
 26    vide safe and healthy school facilities under the  current  system  of  school
 27    financing  have  been  issued.  Current proceedings are likely to be even more
 28    protracted if a special master is appointed and there is further  delay  until
 29    final  judgment,  an  appealable  order,  or findings of fact specifying which
 30    school districts are unable to provide  safe  and  healthy  school  facilities
 31    under the current system of school financing have been issued. The Legislature
 32    therefore determines it can best exercise its constitutional duty to establish
 33    and  maintain  a  general,  uniform and thorough system of public, free common
 34    schools by altering the procedure of the existing lawsuit to  bring  it  under
 35    the  Constitutionally  Based Educational Claims Act, which will allow the par-
 36    ties to focus on districts having the most serious health and safety problems,
 37    and to provide a remedy of an educational necessity  levy  or  a  safe  school
 38    facility levy as necessary to abate unsafe or unhealthy conditions.
                                                                        
 39        SECTION  2.  That  Section  6-2214, Idaho Code, be, and the same is hereby
 40    amended to read as follows:
                                                                        
 41        6-2214.  EDUCATIONAL NECESSITY LEVY. (1) In general. There is hereby  cre-
 42    ated  an  educational necessity levy that may be levied by a local school dis-
                                                                        
                                           2
                                                                        
  1    trict as authorized in this chapter.  The  educational  necessity  levy  shall
  2    expire  upon  order  of  the  district  court  having jurisdiction over a suit
  3    brought under this chapter or five (5) years after it  comes  into  existence,
  4    whichever  comes first. An educational necessity levy authorized by this chap-
  5    ter may be imposed under the terms of this chapter, notwithstanding the provi-
  6    sions of section 63-802, Idaho Code.
  7        (2)  For safety and health. Notwithstanding any other provisions  of  this
  8    chapter, the district court may impose an educational necessity levy or a safe
  9    school  facility  levy  for the purpose of raising revenues to abate unsafe or
 10    unhealthy conditions that have been identified by findings of fact or a  judg-
 11    ment  of  the  district  court,  by a consent agreement that has been accepted
 12    (with or without modification) by the district court, or  by  a  local  school
 13    district  plan  to abate unsafe or unhealthy conditions that has been accepted
 14    (with or without modification) by the district court. The district court shall
 15    approve an educational necessity levy or a safe school levy if it  finds  that
 16    the  school  district  has  no  alternative  source of revenue to use to abate
 17    unsafe or unhealthy conditions that have been identified by findings  of  fact
 18    or  judgment  of  the  district  court,  by  a consent agreement that has been
 19    accepted (with or without modification) by the district court or  by  a  local
 20    school  district  plan  to  abate unsafe or unhealthy conditions that has been
 21    accepted (with or without modification) by the district court. The limitations
 22    of sections 6-2209 and 6-2210, Idaho Code, regarding the  calculation  of  and
 23    the maximum amount of the educational necessity levy do not apply to an educa-
 24    tional  necessity  levy  imposed  to abate unsafe or unhealthy conditions that
 25    have been identified by findings of fact or a judgment of the district  court,
 26    by  a  consent agreement that has been accepted (with or without modification)
 27    by the district court, or by a local school district plan to abate  unsafe  or
 28    unhealthy  conditions that has been accepted (with or without modification) by
 29    the district court.
                                                                        
 30        SECTION 3.  That Section 6-2215, Idaho Code, be, and the  same  is  hereby
 31    amended to read as follows:
                                                                        
 32        6-2215.  EFFECT  ON  PENDING  LAWSUITS.  (1)  Chapter  to apply to pending
 33    lawsuits. This chapter shall not apply to any lawsuit pending on its effective
 34    date, but that has not proceeded to final judgment in the  district  court  on
 35    the  effective  date of this amendment to this section if the lawsuit presents
 36    constitutionally based educational claims or counterclaims by any  patrons  or
 37    by  the state of Idaho or state officers and shall apply to any lawsuit bring-
 38    ing a constitutionally based educational claim filed after its effective date;
 39    provided, however, that if section 1, article IX, of the constitution  of  the
 40    state of Idaho is amended to require the legislature to provide procedures and
 41    immunities   for  lawsuits  brought  under  that  section,  including  pending
 42    lawsuits, this chapter shall apply to all suits pending when such a  constitu-
 43    tional amendment is approved.
 44        (2)  Procedure  for pending lawsuits. If this chapter applies to a lawsuit
 45    pending on the effective date of this amendment to this section, all  proceed-
 46    ings in the lawsuit shall be suspended for fifty-six (56) days from the effec-
 47    tive  date  of  this  amendment to this section, except to notify the district
 48    court of the passage of this amendment and to  allow  refiling  of  complaints
 49    consistent with this subsection. Any patrons who are parties to such a lawsuit
 50    shall  have  the  fifty-six  (56) days of the suspension period to file parens
 51    patriae complaint(s) consistent with the requirements  of  this  chapter.  The
 52    legislature  and superintendent of public instruction shall have the fifty-six
 53    (56) days of the suspension period to file parens patriae complaint(s) consis-
                                                                        
                                           3
                                                                        
  1    tent with the requirements of this chapter. If a patron files a parens patriae
  2    complaint under this subsection, the legislature  and  the  superintendent  of
  3    public  instruction  may  intervene  as  a matter of right pursuant to section
  4    6-2206, Idaho Code, within the time period prescribed by section 6-2206, Idaho
  5    Code. If any complaints are filed under this subsection,  separate  complaints
  6    shall  be  filed  for  each school district that is a defendant, and venue for
  7    such a suit against  a school district shall be in the  county  in  which  the
  8    school  district maintains its principal business office. At the expiration of
  9    the fifty-six (56) day suspension period described in the  first  sentence  of
 10    this  subsection,  any school districts that are defendants to patron suits or
 11    to parens patriae suits under this chapter shall be able to answer as provided
 12    by the Idaho rules of civil procedure. All further proceedings in such a  suit
 13    shall be pursuant to this chapter.
 14        (3)  Dismissal  of entities not parties and transfer of records in pending
 15    lawsuit. School districts that were parties to a lawsuit that  presented  con-
 16    stitutionally  based educational claims or counterclaims on the effective date
 17    of this section and that are not defendants in any complaints  filed  pursuant
 18    to subsection (2) of this section shall no longer be parties and shall be dis-
 19    missed  from  any  proceedings that were suspended. Any defendant to a lawsuit
 20    that presented constitutionally based educational claims or  counterclaims  on
 21    the  effective  date  of this section and who is not a defendant authorized by
 22    this chapter shall be dismissed from any proceeding that  was  suspended.  Any
 23    plaintiff,  defendant  or  an  intervenor as of right to a lawsuit filed under
 24    subsection (2) of this section in which there is a school district that was  a
 25    party to a lawsuit that presented constitutionally based educational claims or
 26    counterclaims  and  which  lawsuit  was suspended under subsection (2) of this
 27    section may designate the portions of the records  of  the  suspended  lawsuit
 28    that  pertain  to  the school district. Upon written request of the plaintiff,
 29    the defendant, or an intervenor as of right or the court in  a  lawsuit  filed
 30    under  subsection (2) of this section, those parts of the record designated by
 31    the plaintiff, defendant or an intervenor as of right or the  court  shall  be
 32    copied  by  the  clerk of the district court of the suspended lawsuit and for-
 33    warded to the clerk of the district court presiding over the  complaint  filed
 34    under  subsection  (2)  of this section and shall be included in the record of
 35    that case.
                                                                        
 36        SECTION 4.  That Chapter 8, Title 33, Idaho Code,  be,  and  the  same  is
 37    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 38    ignated as Section 33-808, Idaho Code, and to read as follows:
                                                                        
 39        33-808.  SAFE SCHOOL FACILITY LEVY. (1) Safe school facility levy created.
 40    In addition to the levies otherwise established by law, there is hereby estab-
 41    lished a safe school facility levy. The board of trustees of a school district
 42    may impose a safe school facility levy on all taxable property within the dis-
 43    trict under the conditions provided by this section.
 44        (2)  Notice, election and hearing. A school district which has received  a
 45    written  notice  from the state division of building safety or other appropri-
 46    ately licensed entity identifying  and  documenting  an  imminent  or  serious
 47    safety hazard, and which has maximized its levying authority and exhausted its
 48    current  funds,  including  lottery funds, plant facility funds, and any other
 49    available fund balance, to fix the safety hazard, and which has held an  elec-
 50    tion as provided in chapter 8, title 33, Idaho Code, for a levy to address the
 51    safety hazard but which election has failed, may develop a plan and may hold a
 52    hearing  to  consider whether such a plan of abatement sets forth an efficient
 53    method of abating the unsafe  conditions  in  facilities  identified  and  the
                                                                        
                                           4
                                                                        
  1    amount  of  a  safe  school facility levy necessary to abate the unsafe condi-
  2    tions. Such a hearing shall be held after  giving  legal  notice  pursuant  to
  3    chapter  1,  title 60, Idaho Code, at least thirty (30) days in advance of its
  4    intention to hold the hearing to consider the plan of abatement.
  5        (3)  Judicial confirmation. Upon adoption of  a  plan  of  abatement,  the
  6    board  of trustees of a school district shall petition the district court pur-
  7    suant to the procedures of chapter 13, title 7, Idaho  Code,  for  a  judicial
  8    confirmation  of the necessity of a safe school facility  levy. In considering
  9    a petition for a judicial confirmation under this section, the district  court
 10    shall  proceed as provided in chapter 13, title 7, Idaho Code, except that the
 11    substantive issues to be decided shall be whether unsafe conditions in facili-
 12    ties exist in the school district, whether the plan of abatement sets forth an
 13    efficient method of abating the unsafe conditions  in  facilities  identified,
 14    and  whether  the school district is eligible to impose a safe school facility
 15    levy. The issues of fact in the judicial confirmation shall be  determined  by
 16    the judge based upon clear and convincing evidence.
 17        (4)  Levy imposed. Notwithstanding the provisions of section 63-802, Idaho
 18    Code,  if the terms of the safe school facility levy are confirmed by the dis-
 19    trict court, the board of trustees of the school  district  shall  proceed  to
 20    certify the levy.
                                                                        
 21        SECTION  5.  An  emergency  existing  therefor,  which emergency is hereby
 22    declared to exist, this act shall be in full force and effect on and after its
 23    passage and approval.

Amendment


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                                                     Moved by    Field (18)          
                                                                        
                                                     Seconded by Crow                
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENT TO H.B. NO. 403
                                                                        
  1                                AMENDMENT TO SECTION 1
  2        On page 1 of the printed bill, in line 37, delete "or a safe  school"  and
  3    in line 38, delete "facility levy".
                                                                        
  4                               AMENDMENTS TO SECTION 2
  5        On  page  2,  in  line 8, delete "or a safe" and in line 9, delete "school
  6    facility levy"; and in line 15, delete "or a safe school levy".
                                                                        
  7                                AMENDMENT TO THE BILL
  8        On page 3, delete lines 36 through 53, and  on  page  4,  delete  lines  1
  9    through 20, and renumber the subsequent section of the bill accordingly.
                                                                        
 10                                 CORRECTION TO TITLE
 11        On page 1, in line 13, delete "AMENDING CHAPTER 8, TITLE 33, IDAHO CODE,";
 12    delete  lines  14, 15 and 16, and in line 17, delete "CONFIRMATION AND TO PRO-
 13    VIDE FOR A LEVY TO BE IMPOSED;".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                               HOUSE BILL NO. 403, As Amended
                                                                        
                                BY WAYS AND MEANS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE CONSTITUTIONALLY BASED EDUCATIONAL CLAIMS ACT; PROVIDING  LEG-
  3        ISLATIVE  FINDINGS;  AMENDING  SECTION  6-2214, IDAHO CODE, TO PROVIDE THE
  4        IMPOSITION OF AN EDUCATIONAL NECESSITY LEVY TO ABATE UNSAFE  OR  UNHEALTHY
  5        CONDITIONS  UPON  CERTAIN  CONDITIONS OCCURRING AND TO PROVIDE PROCEDURES;
  6        AMENDING SECTION 6-2215, IDAHO CODE, TO PROVIDE THAT THE  CONSTITUTIONALLY
  7        BASED  EDUCATIONAL  CLAIMS  ACT SHALL APPLY TO PENDING LAWSUITS PRESENTING
  8        CONSTITUTIONALLY BASED EDUCATIONAL CLAIMS THAT HAVE NOT PROCEEDED TO FINAL
  9        JUDGMENT, TO PROVIDE FOR SUSPENSION OF SUCH PROCEEDINGS  AND  REFILING  OF
 10        COMPLAINTS,  TO  PROVIDE VENUE, TO PROVIDE FOR THE DISMISSAL OF PARTIES TO
 11        THE SUSPENDED LAWSUIT THAT ARE NOT PARTIES TO A  REFILED  LAWSUIT  AND  TO
 12        PROVIDE  FOR  DESIGNATION OF PORTIONS OF THE RECORD TO BE FORWARDED TO THE
 13        COURTS HEARING REFILED LAWSUITS; AND DECLARING AN EMERGENCY.
                                                                        
 14    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 15        SECTION 1.  LEGISLATIVE FINDINGS. The Legislature finds that  over  twelve
 16    years  of  litigation  regarding  Idaho's  system  of  school  funding has not
 17    productively used the state's resources to ensure that  there  is  a  general,
 18    uniform  and thorough system of public, free common schools. Trial was held in
 19    the spring of 2000, but no final judgment or appealable order has been  issued
 20    and  no  findings of fact specifying which school districts are unable to pro-
 21    vide safe and healthy school facilities under the  current  system  of  school
 22    financing  have  been  issued.  Current proceedings are likely to be even more
 23    protracted if a special master is appointed and there is further  delay  until
 24    final  judgment,  an  appealable  order,  or findings of fact specifying which
 25    school districts are unable to provide  safe  and  healthy  school  facilities
 26    under the current system of school financing have been issued. The Legislature
 27    therefore determines it can best exercise its constitutional duty to establish
 28    and  maintain  a  general,  uniform and thorough system of public, free common
 29    schools by altering the procedure of the existing lawsuit to  bring  it  under
 30    the  Constitutionally  Based Educational Claims Act, which will allow the par-
 31    ties to focus on districts having the most serious health and safety problems,
 32    and to provide a remedy of an educational necessity levy as necessary to abate
 33    unsafe or unhealthy conditions.
                                                                        
 34        SECTION 2.  That Section 6-2214, Idaho Code, be, and the  same  is  hereby
 35    amended to read as follows:
                                                                        
 36        6-2214.  EDUCATIONAL  NECESSITY LEVY. (1) In general. There is hereby cre-
 37    ated an educational necessity levy that may be levied by a local  school  dis-
 38    trict  as  authorized  in  this  chapter. The educational necessity levy shall
 39    expire upon order of the  district  court  having  jurisdiction  over  a  suit
 40    brought  under  this  chapter or five (5) years after it comes into existence,
 41    whichever comes first. An educational necessity levy authorized by this  chap-
 42    ter may be imposed under the terms of this chapter, notwithstanding the provi-
                                                                        
                                           2
                                                                        
  1    sions of section 63-802, Idaho Code.
  2        (2)  For  safety  and health. Notwithstanding any other provisions of this
  3    chapter, the district court may impose an educational necessity levy  for  the
  4    purpose  of raising revenues to abate unsafe or unhealthy conditions that have
  5    been identified by findings of fact or a judgment of the district court, by  a
  6    consent agreement that has been accepted (with or without modification) by the
  7    district  court,  or  by  a  local  school  district  plan  to abate unsafe or
  8    unhealthy conditions that has been accepted (with or without modification)  by
  9    the  district court. The district court shall approve an educational necessity
 10    levy if it finds that the school district has no alternative source of revenue
 11    to use to abate unsafe or unhealthy conditions that have  been  identified  by
 12    findings  of  fact  or  judgment of the district court, by a consent agreement
 13    that has been accepted (with or without modification) by the district court or
 14    by a local school district plan to abate unsafe or unhealthy  conditions  that
 15    has  been  accepted  (with or without modification) by the district court. The
 16    limitations of sections 6-2209 and 6-2210, Idaho Code, regarding the  calcula-
 17    tion  of and the maximum amount of the educational necessity levy do not apply
 18    to an educational necessity levy imposed to abate unsafe or  unhealthy  condi-
 19    tions  that have been identified by findings of fact or a judgment of the dis-
 20    trict court, by a consent agreement that has been accepted  (with  or  without
 21    modification)  by  the  district  court, or by a local school district plan to
 22    abate unsafe or unhealthy conditions that has been accepted (with  or  without
 23    modification) by the district court.
                                                                        
 24        SECTION  3.  That  Section  6-2215, Idaho Code, be, and the same is hereby
 25    amended to read as follows:
                                                                        
 26        6-2215.  EFFECT ON PENDING LAWSUITS.  (1)  Chapter  to  apply  to  pending
 27    lawsuits. This chapter shall not apply to any lawsuit pending on its effective
 28    date,  but  that  has not proceeded to final judgment in the district court on
 29    the effective date of this amendment to this section if the  lawsuit  presents
 30    constitutionally  based  educational claims or counterclaims by any patrons or
 31    by the state of Idaho or state officers and shall apply to any lawsuit  bring-
 32    ing a constitutionally based educational claim filed after its effective date;
 33    provided,  however,  that if section 1, article IX, of the constitution of the
 34    state of Idaho is amended to require the legislature to provide procedures and
 35    immunities  for  lawsuits  brought  under  that  section,  including   pending
 36    lawsuits,  this chapter shall apply to all suits pending when such a constitu-
 37    tional amendment is approved.
 38        (2)  Procedure for pending lawsuits. If this chapter applies to a  lawsuit
 39    pending  on the effective date of this amendment to this section, all proceed-
 40    ings in the lawsuit shall be suspended for fifty-six (56) days from the effec-
 41    tive date of this amendment to this section, except  to  notify  the  district
 42    court  of  the  passage  of this amendment and to allow refiling of complaints
 43    consistent with this subsection. Any patrons who are parties to such a lawsuit
 44    shall have the fifty-six (56) days of the suspension  period  to  file  parens
 45    patriae  complaint(s)  consistent  with  the requirements of this chapter. The
 46    legislature and superintendent of public instruction shall have the  fifty-six
 47    (56) days of the suspension period to file parens patriae complaint(s) consis-
 48    tent with the requirements of this chapter. If a patron files a parens patriae
 49    complaint  under  this  subsection,  the legislature and the superintendent of
 50    public instruction may intervene as a matter  of  right  pursuant  to  section
 51    6-2206, Idaho Code, within the time period prescribed by section 6-2206, Idaho
 52    Code.  If  any complaints are filed under this subsection, separate complaints
 53    shall be filed for each school district that is a  defendant,  and  venue  for
                                                                        
                                           3
                                                                        
  1    such  a  suit  against   a school district shall be in the county in which the
  2    school district maintains its principal business office. At the expiration  of
  3    the  fifty-six  (56)  day suspension period described in the first sentence of
  4    this subsection, any school districts that are defendants to patron  suits  or
  5    to parens patriae suits under this chapter shall be able to answer as provided
  6    by  the Idaho rules of civil procedure. All further proceedings in such a suit
  7    shall be pursuant to this chapter.
  8        (3)  Dismissal of entities not parties and transfer of records in  pending
  9    lawsuit.  School  districts that were parties to a lawsuit that presented con-
 10    stitutionally based educational claims or counterclaims on the effective  date
 11    of  this  section and that are not defendants in any complaints filed pursuant
 12    to subsection (2) of this section shall no longer be parties and shall be dis-
 13    missed from any proceedings that were suspended. Any defendant  to  a  lawsuit
 14    that  presented  constitutionally based educational claims or counterclaims on
 15    the effective date of this section and who is not a  defendant  authorized  by
 16    this  chapter  shall  be dismissed from any proceeding that was suspended. Any
 17    plaintiff, defendant or an intervenor as of right to  a  lawsuit  filed  under
 18    subsection  (2) of this section in which there is a school district that was a
 19    party to a lawsuit that presented constitutionally based educational claims or
 20    counterclaims and which lawsuit was suspended under  subsection  (2)  of  this
 21    section  may  designate  the  portions of the records of the suspended lawsuit
 22    that pertain to the school district. Upon written request  of  the  plaintiff,
 23    the  defendant,  or  an intervenor as of right or the court in a lawsuit filed
 24    under subsection (2) of this section, those parts of the record designated  by
 25    the  plaintiff,  defendant  or an intervenor as of right or the court shall be
 26    copied by the clerk of the district court of the suspended  lawsuit  and  for-
 27    warded  to  the clerk of the district court presiding over the complaint filed
 28    under subsection (2) of this section and shall be included in  the  record  of
 29    that case.
                                                                        
 30        SECTION  4.  An  emergency  existing  therefor,  which emergency is hereby
 31    declared to exist, this act shall be in full force and effect on and after its
 32    passage and approval.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 13269

This legislation establishes a safe school facilities levy.  It
sets up criteria under which the levy may be imposed and allows
for judicial confirmation when the safety levy fails.  This
legislation also brings all pending lawsuits under the
constitutionally based Education Claims Act.
                          FISCAL IMPACT
No fiscal impact to the General Fund.






Contact
Name: Rep. Lawerence Denney 
      (208) 332-1000
      Darrell Diede, Office of the Governor
      (208) 334-2101
      Mike Gilmore, Attorney General's Office
      (208) 334-2400










STATEMENT OF PURPOSE/FISCAL NOTE                   H 403