2003 Legislation
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HOUSE BILL NO. 188 – Bond levy/equalizatn levy, particip

HOUSE BILL NO. 188

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View Statement of Purpose / Fiscal Impact



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Daily Data Tracking History



H0188.............................................................by EDUCATION
BOND LEVY EQUALIZATION LEVY - Amends existing law to provide that no school
district which passed a bond levy prior to March 1, 2002, shall be eligible to
participate in the bond levy equalization support program; to provide a time
limit for dispersal of funds by the Department of Education to school
districts which have approved qualifying bonds; to provide an additional
payment in the next fiscal year to qualifying districts which lose a payment
in the current fiscal year due to the eligibility deadline; and to require
annual reporting by school districts on the status of qualifying bonds.
                                                                        
02/06    House intro - 1st rdg - to printing
02/07    Rpt prt - to Educ
02/20    Rpt out - rec d/p - to 2nd rdg
02/21    2nd rdg - to 3rd rdg
02/24    3rd rdg - FAILED - 28-39-3
      AYES -- Andersen, Bauer, Bieter, Black, Boe, Campbell, Cannon, Cuddy,
      Douglas, Field(23), Henbest, Jaquet, Jones, Lake, Langhorst, Martinez,
      Mitchell, Naccarato, Ring, Ringo, Robison, Rydalch, Sayler, Shepherd,
      Skippen, Smith(30), Trail, Mr. Speaker
      NAYS -- Barraclough, Barrett, Bedke, Bell, Block, Bolz, Bradford, Clark,
      Collins, Crow, Deal, Denney, Eberle, Edmunson, Ellsworth, Eskridge,
      Field(18), Gagner, Garrett, Harwood, Kulczyk, Langford, McGeachin,
      McKague, Meyer, Miller, Moyle, Nielsen, Ridinger, Roberts, Sali,
      Schaefer, Shirley, Smith(24), Smylie, Snodgrass, Stevenson, Tilman,
      Wills.
      Absent and excused -- Kellogg, Raybould, Wood
    Floor Sponsor - Cannon
    Filed w/Office of the Chief Clerk

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 188
                                                                        
                                   BY EDUCATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE BOND LEVY EQUALIZATION SUPPORT PROGRAM FOR SCHOOL  FACILITIES;
  3        AMENDING  SECTION  33-802A, IDAHO CODE, TO PROVIDE AN ADJUSTMENT TO ONE OF
  4        THE FACTORS USED BY THE BOARD OF TRUSTEES TO CALCULATE THE  ANNUAL  SCHOOL
  5        LEVY;  AND  AMENDING SECTION 33-906, IDAHO CODE, TO PROVIDE THAT NO SCHOOL
  6        DISTRICT WHICH PASSED A BOND LEVY PRIOR TO MARCH 1, 2002, SHALL BE  ELIGI-
  7        BLE  TO PARTICIPATE IN THE BOND LEVY EQUALIZATION SUPPORT PROGRAM, TO PRO-
  8        VIDE A TIME LIMIT FOR DISPERSAL OF FUNDS BY THE DEPARTMENT TO SCHOOL  DIS-
  9        TRICTS WHICH HAVE APPROVED QUALIFYING BONDS, TO PROVIDE AN ADDITIONAL PAY-
 10        MENT  IN THE NEXT FISCAL YEAR TO QUALIFYING DISTRICTS WHICH LOSE A PAYMENT
 11        IN THE CURRENT FISCAL YEAR DUE TO THE ELIGIBILITY DEADLINE AND TO  REQUIRE
 12        ANNUAL REPORTING BY SCHOOL DISTRICTS ON THE STATUS OF QUALIFYING BONDS.
                                                                        
 13    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 14        SECTION  1.  That  Section 33-802A, Idaho Code, be, and the same is hereby
 15    amended to read as follows:
                                                                        
 16        33-802A.  COMPUTATION OF BOND AND BOND INTEREST LEVIES. When the board  of
 17    trustees of any school district determines and makes the levy required by sec-
 18    tion  33-802,  Idaho  Code, and incorporates such levy as a part of the school
 19    district's budget to service all maturing bond and bond interest payments  for
 20    the  ensuing fiscal year, it shall take into consideration any state bond levy
 21    equalization funds provided pursuant to section 33-906, Idaho  Code,  and  any
 22    balances remaining or that may remain in its bond interest and redemption fund
 23    after  meeting  its  bond and bond interest obligations for its current fiscal
 24    year. The levy so made for the ensuing fiscal year shall be an  amount  which,
 25    together with any state bond levy equalization funds provided pursuant to sec-
 26    tion  33-906,  Idaho Code, and the balance in its bond interest and redemption
 27    fund remaining after meeting its current fiscal year bond  and  bond  interest
 28    obligations, shall satisfy all maturing bond and bond interest payments for at
 29    least  the  ensuing twelve (12) months, and not to exceed the ensuing nineteen
 30    twenty-one (219) months counted from July 1 of the current calendar year.
                                                                        
 31        SECTION 2.  That Section 33-906, Idaho Code, be, and the  same  is  hereby
 32    amended to read as follows:
                                                                        
 33        33-906.  BOND  LEVY EQUALIZATION SUPPORT PROGRAM. (1)  Pursuant to section
 34    33-906B, Idaho Code, school districts with a value index below one  (1)  shall
 35    be  eligible  to receive additional state financial assistance for the cost of
 36    annual bond interest and redemption payments made on bonds passed on or  after
 37    September 15 March 1, 2002. However, any school district shall receive no less
 38    than  ten percent (10%) of the interest cost portion of the annual bond inter-
 39    est and redemption payment for bonds passed on or after September 15 March  1,
 40    2002.  The  state  department of education shall disburse such funds to school
 41    districts from moneys appropriated from the bond levy equalization  fund.  The
                                                                        
                                           2
                                                                        
  1    department  shall disburse the funds by no later than September 1 of each year
  2    for school districts in which voters have approved the issuance of  qualifying
  3    bonds  by  no later than January 1 of that calendar year, and are certifying a
  4    qualifying bond interest and redemption payment for the fiscal year  in  which
  5    the  disbursement is made. For districts with a value index below one (1), the
  6    percentage of each  annual bond interest and redemption payment that  is  paid
  7    by  the  state  shall be determined by dividing the difference between one (1)
  8    and the school district's value index by one (1) provided that the state shall
  9    pay for no more than  the  interest cost portion of the annual  bond  interest
 10    and  redemption  payment,  and each school district shall receive no less than
 11    ten percent (10%) of the interest cost portion of the qualifying bond interest
 12    and redemption payment.
 13        (2)  For the purposes of  this  section,  the  annual  bond  interest  and
 14    redemption  payment  shall be determined by dividing the total payment amounts
 15    by the number of fiscal years in which payments are to be made.  The  interest
 16    cost  portion  of  the  annual  bond  interest and redemption payment shall be
 17    determined by dividing the total interest paid by the number of  fiscal  years
 18    in  which  payments  are to be made. For school districts not qualifying for a
 19    state payment in the first year of the bond interest  and  redemption  payment
 20    schedule  due  solely to the January 1 eligibility deadline, the state depart-
 21    ment of education shall distribute an additional payment in  the  next  fiscal
 22    year,  in  the amount of such funds that the school district would have other-
 23    wise qualified for in the current fiscal year.
 24        (3)  School districts shall annually report the status of  all  qualifying
 25    bonds  to the state department of education by January 1 of each year, includ-
 26    ing bonds approved by the voters but not  yet  issued.  Information  submitted
 27    shall include the following:
 28        (a)  The  actual  or estimated bond interest and redemption payment sched-
 29        ule;
 30        (b)  Any qualifying bond that has been paid off; and
 31        (c)  Other information as may be designated by  the  state  department  of
 32        education.
 33        (4)  The  provisions  of  this  section  may  not be utilized to refinance
 34    existing debt.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                            RS 12558C1
In the second session of the Fifty-Sixth Legislature SB 1474 was
passed and signed into law on March 21, 2002.  The bill
stipulated bonds that passed after September 15, 2002, would be
included in this act.  The September date was established to
ensure FY 03 was not impacted.  The Purpose of this bill is to
include school bonds which were passed after the Governor's
signature, but before the September 15, 2002 date.
The second purpose of this bill is to establish January 1 as a
cut-off date for bonds which are to be included in the next FY
budget.  This will facilitate the Legislature being able to
include this item as a set figure.
                          FISCAL IMPACT
$196,308.00 per year for twenty years, total cost $3,926,160.00.


Contact
Name: Rep. Cannon
      Rep. Lake
      Speaker Newcomb 
Phone: 332-1000



STATEMENT OF PURPOSE/FISCAL NOTE                         H 188