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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
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN 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 shallnotapply to any lawsuit pending on its effective 34 date, butthat 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;39provided, however, that if section 1, article IX, of the constitution of the40state of Idaho is amended to require the legislature to provide procedures and41immunities for lawsuits brought under that section, including pending42lawsuits, this chapter shall apply to all suits pending when such a constitu-43tional 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.
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003Moved 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;".
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN 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 shallnotapply to any lawsuit pending on its effective 28 date, butthat 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;33provided, however, that if section 1, article IX, of the constitution of the34state of Idaho is amended to require the legislature to provide procedures and35immunities for lawsuits brought under that section, including pending36lawsuits, this chapter shall apply to all suits pending when such a constitu-37tional 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 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