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H0550..............................................................by RINGO
SCHOOLS - UNSAFE OR UNHEALTHY CONDITIONS LEVY - Amends existing law
relating to the Constitutionally-based Educational Claims Act to remove
authority for imposition of an educational necessity levy to abate unsafe
or unhealthy conditions; and to remove provisions authorizing application
of this section to certain pending lawsuits.
01/27 House intro - 1st rdg - to printing
01/28 Rpt prt - to Rev/Tax
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 550
BY RINGO
1 AN ACT
2 RELATING TO THE CONSTITUTIONALLY BASED EDUCATIONAL CLAIMS ACT; AMENDING SEC-
3 TION 6-2214, IDAHO CODE, TO REMOVE AUTHORITY FOR IMPOSITION OF AN EDUCA-
4 TIONAL NECESSITY LEVY TO ABATE UNSAFE OR UNHEALTHY CONDITIONS; AND AMEND-
5 ING SECTION 6-2215, IDAHO CODE, TO REMOVE PROVISIONS AUTHORIZING APPLICA-
6 TION OF THIS SECTION TO CERTAIN PENDING LAWSUITS IN THE MANNER PROVIDED;
7 AND DECLARING AN EMERGENCY.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 6-2214, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 6-2214. EDUCATIONAL NECESSITY LEVY. (1) In general. There is hereby cre-
12 ated an educational necessity levy that may be levied by a local school dis-
13 trict as authorized in this chapter. The educational necessity levy shall
14 expire upon order of the district court having jurisdiction over a suit
15 brought under this chapter or five (5) years after it comes into existence,
16 whichever comes first. An educational necessity levy authorized by this chap-
17 ter may be imposed under the terms of this chapter, notwithstanding the provi-
18 sions of section 63-802, Idaho Code.
19 (2) For safety and health. Notwithstanding any other provisions of this
20 chapter, the district court may impose an educational necessity levy for the
21 purpose of raising revenues to abate unsafe or unhealthy conditions that have
22 been identified by findings of fact or a judgment of the district court, by a
23 consent agreement that has been accepted (with or without modification) by the
24 district court, or by a local school district plan to abate unsafe or
25 unhealthy conditions that has been accepted (with or without modification) by
26 the district court. The district court shall approve an educational necessity
27 levy if it finds that the school district has no alternative source of revenue
28 to use to abate unsafe or unhealthy conditions that have been identified by
29 findings of fact or judgment of the district court, by a consent agreement
30 that has been accepted (with or without modification) by the district court or
31 by a local school district plan to abate unsafe or unhealthy conditions that
32 has been accepted (with or without modification) by the district court. The
33 limitations of sections 6-2209 and 6-2210, Idaho Code, regarding the calcula-
34 tion of and the maximum amount of the educational necessity levy do not apply
35 to an educational necessity levy imposed to abate unsafe or unhealthy condi-
36 tions that have been identified by findings of fact or a judgment of the dis-
37 trict court, by a consent agreement that has been accepted (with or without
38 modification) by the district court, or by a local school district plan to
39 abate unsafe or unhealthy conditions that has been accepted (with or without
40 modification) by the district court.
41 SECTION 2. That Section 6-2215, Idaho Code, be, and the same is hereby
42 amended to read as follows:
2
1 6-2215. EFFECT ON PENDING LAWSUITS. (1) Chapter to apply to pending
2 lawsuits. This chapter shall not apply to any lawsuit pending on its effective
3 date that has not proceeded to final judgment in the district court on the
4 effective date of this amendment to this section if the lawsuit presents con-
5 stitutionally based educational claims or counterclaims by any patrons or by
6 the state of Idaho or state officers and but shall apply to any lawsuit bring-
7 ing a constitutionally based educational claim filed after its effective
8 date.
9 (2) Procedure for pending lawsuits. If this chapter applies to a lawsuit
10 pending on the effective date of this amendment to this section, all proceed-
11 ings in the lawsuit shall be suspended for fifty-six (56) days from the effec-
12 tive date of this amendment to this section, except to notify the district
13 court of the passage of this amendment and to allow refiling of complaints
14 consistent with this subsection. Any patrons who are parties to such a lawsuit
15 shall have the fifty-six (56) days of the suspension period to file parens
16 patriae complaint(s) consistent with the requirements of this chapter. The
17 legislature and superintendent of public instruction shall have the fifty-six
18 (56) days of the suspension period to file parens patriae complaint(s) consis-
19 tent with the requirements of this chapter. If a patron files a parens patriae
20 complaint under this subsection, the legislature and the superintendent of
21 public instruction may intervene as a matter of right pursuant to section
22 6-2206, Idaho Code, within the time period prescribed by section 6-2206, Idaho
23 Code. If any complaints are filed under this subsection, separate complaints
24 shall be filed for each school district that is a defendant, and venue for
25 such a suit against a school district shall be in the county in which the
26 school district maintains its principal business office. At the expiration of
27 the fifty-six (56) day suspension period described in the first sentence of
28 this subsection, any school districts that are defendants to patron suits or
29 to parens patriae suits under this chapter shall be able to answer as provided
30 by the Idaho rules of civil procedure. All further proceedings in such a suit
31 shall be pursuant to this chapter.
32 (3) Dismissal of entities not parties and transfer of records in pending
33 lawsuit. School districts that were parties to a lawsuit that presented con-
34 stitutionally based educational claims or counterclaims on the effective date
35 of this section and that are not defendants in any complaints filed pursuant
36 to subsection (2) of this section shall no longer be parties and shall be dis-
37 missed from any proceedings that were suspended. Any defendant to a lawsuit
38 that presented constitutionally based educational claims or counterclaims on
39 the effective date of this section and who is not a defendant authorized by
40 this chapter shall be dismissed from any proceeding that was suspended. Any
41 plaintiff, defendant or an intervenor as of right to a lawsuit filed under
42 subsection (2) of this section in which there is a school district that was a
43 party to a lawsuit that presented constitutionally based educational claims or
44 counterclaims and which lawsuit was suspended under subsection (2) of this
45 section may designate the portions of the records of the suspended lawsuit
46 that pertain to the school district. Upon written request of the plaintiff,
47 the defendant, or an intervenor as of right or the court in a lawsuit filed
48 under subsection (2) of this section, those parts of the record designated by
49 the plaintiff, defendant or an intervenor as of right or the court shall be
50 copied by the clerk of the district court of the suspended lawsuit and for-
51 warded to the clerk of the district court presiding over the complaint filed
52 under subsection (2) of this section and shall be included in the record of
53 that case.
54 SECTION 3. An emergency existing therefor, which emergency is hereby
3
1 declared to exist, this act shall be in full force and effect on and after its
2 passage and approval.
STATEMENT OF PURPOSE
RS 13681
The purpose of this legislation is to repeal H 403AA which was
passed in the 2003 Legislature. The law enacted by this
legislation has been found unconstitutional by two district court
judges. The decision to appeal will be costly, and the law does
not address the inequities with respect to providing safe school
facilities.
FISCAL IMPACT
There will be a savings as a result of terminating lawsuits.
However, there will be lawsuits remaining which will continue to
cost the State.
Contact
Name: Representatives Ringo, Trail, Sayler, Mitchell, Naccarato,
Shepherd, Andersen, Martinez, Douglas, Boe, Pasley-Stewart,
Robison, Smith, Henbest, Langhorst, Jaquet, and Senators Keough
and Schroeder
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 550