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H0389..................................................by REVENUE AND TAXATION
SAFE SCHOOL FACILITY LEVY - Adds to existing law to authorize a safe school
facility levy under specified conditions; to require a notice, to address a
failed election and to require a hearing; to require judicial confirmation;
and to provide for a levy to be imposed.
03/25 House intro - 1st rdg - to printing
03/26 Rpt prt - to Rev/Tax
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 389
BY REVENUE AND TAXATION COMMITTEE
1 AN ACT
2 RELATING TO LEVIES FOR SAFE SCHOOL FACILITIES; AMENDING CHAPTER 8, TITLE 33,
3 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 33-808, IDAHO CODE, TO AUTHO-
4 RIZE A SAFE SCHOOL FACILITY LEVY UNDER CONDITIONS SPECIFIED, TO REQUIRE A
5 NOTICE, TO ADDRESS A FAILED ELECTION AND TO REQUIRE A HEARING, TO REQUIRE
6 JUDICIAL CONFIRMATION AND TO PROVIDE FOR A LEVY TO BE IMPOSED.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Chapter 8, Title 33, Idaho Code, be, and the same is
9 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
10 ignated as Section 33-808, Idaho Code, and to read as follows:
11 33-808. SAFE SCHOOL FACILITY LEVY. (1) Safe school facility levy cre-
12 ated. In addition to the levies otherwise established by law, there is hereby
13 established a safe school facility levy. The board of trustees of a school
14 district may impose a safe school facility levy under the conditions provided
15 by this section.
16 (2) Notice, election and hearing. A school district which has received a
17 written notice from the state division of building safety or other appropri-
18 ately licensed entity identifying and documenting an imminent or serious
19 safety hazard, and which has maximized its levying authority and exhausted its
20 current funds, including lottery funds, plant facility funds, and any other
21 available fund balance, to fix the safety hazard, and which has held an elec-
22 tion as provided in chapter 8, title 33, Idaho Code, for a levy to address the
23 safety hazard but which election has failed, may develop a plan and may hold a
24 hearing to consider whether such a plan of abatement sets forth an efficient
25 method of abating the unsafe conditions in facilities identified and the
26 amount of a safe school facility levy necessary to abate the unsafe condi-
27 tions. Such a hearing shall be held after giving legal notice pursuant to
28 chapter 1, title 60, Idaho Code, at least thirty (30) days in advance of its
29 intention to hold the hearing to consider the plan of abatement.
30 (3) Judicial confirmation. Upon adoption of a plan of abatement, the
31 board of trustees of a school district shall petition the district court pur-
32 suant to the procedures of chapter 13, title 7, Idaho Code, for a judicial
33 confirmation of the necessity of a safe school facility levy. In considering a
34 petition for a judicial confirmation under this section, the district court
35 shall proceed as provided in chapter 13, title 7, Idaho Code, except that the
36 substantive issues to be decided shall be whether unsafe conditions in facili-
37 ties exist in the school district, whether the plan of abatement sets forth an
38 efficient method of abating the unsafe conditions in facilities identified,
39 and whether the school district is eligible to impose a safe school facility
40 levy. The issues of fact in the judicial confirmation shall be determined by
41 the judge based upon clear and convincing evidence.
42 (4) Levy imposed. If the terms of the safe school facility levy are con-
43 firmed by the district court, the board of trustees of the school district
2
1 shall proceed to certify the levy.
STATEMENT OF PURPOSE
RS 13231C1
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.
FISCAL IMPACT
No fiscal impact to the General Fund.
Contact
Name: Rep. Lawerence Denney
(208) 332-1000
Sen. Darrell Diede
(208) 334-2101
STATEMENT OF PURPOSE/FISCAL NOTE H 389