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S1211.............................................................by KEOUGH 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. 01/19 Senate intro - 1st rdg - to printing 01/20 Rpt prt - to Loc Gov
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004 IN THE SENATE SENATE BILL NO. 1211 BY KEOUGH 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 this20 chapter, the district court may impose an educational necessity levy for the21 purpose of raising revenues to abate unsafe or unhealthy conditions that have22 been identified by findings of fact or a judgment of the district court, by a23 consent agreement that has been accepted (with or without modification) by the24 district court, or by a local school district plan to abate unsafe or25 unhealthy conditions that has been accepted (with or without modification) by26 the district court. The district court shall approve an educational necessity27 levy if it finds that the school district has no alternative source of revenue28 to use to abate unsafe or unhealthy conditions that have been identified by29 findings of fact or judgment of the district court, by a consent agreement30 that has been accepted (with or without modification) by the district court or31 by a local school district plan to abate unsafe or unhealthy conditions that32 has been accepted (with or without modification) by the district court. The33 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 apply35 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 without38 modification) by the district court, or by a local school district plan to39 abate unsafe or unhealthy conditions that has been accepted (with or without40 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 pending2 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 the4 effective date of this amendment to this section if the lawsuit presents con-5 stitutionally based educational claims or counterclaims by any patrons or by6 the state of Idaho or state officers andbut 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 lawsuit10 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 district13 court of the passage of this amendment and to allow refiling of complaints14 consistent with this subsection. Any patrons who are parties to such a lawsuit15 shall have the fifty-six (56) days of the suspension period to file parens16 patriae complaint(s) consistent with the requirements of this chapter. The17 legislature and superintendent of public instruction shall have the fifty-six18 (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 patriae20 complaint under this subsection, the legislature and the superintendent of21 public instruction may intervene as a matter of right pursuant to section22 6-2206, Idaho Code, within the time period prescribed by section 6-2206, Idaho23 Code. If any complaints are filed under this subsection, separate complaints24 shall be filed for each school district that is a defendant, and venue for25 such a suit against a school district shall be in the county in which the26 school district maintains its principal business office. At the expiration of27 the fifty-six (56) day suspension period described in the first sentence of28 this subsection, any school districts that are defendants to patron suits or29 to parens patriae suits under this chapter shall be able to answer as provided30 by the Idaho rules of civil procedure. All further proceedings in such a suit31 shall be pursuant to this chapter.32 (3) Dismissal of entities not parties and transfer of records in pending33 lawsuit. School districts that were parties to a lawsuit that presented con-34 stitutionally based educational claims or counterclaims on the effective date35 of this section and that are not defendants in any complaints filed pursuant36 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 lawsuit38 that presented constitutionally based educational claims or counterclaims on39 the effective date of this section and who is not a defendant authorized by40 this chapter shall be dismissed from any proceeding that was suspended. Any41 plaintiff, defendant or an intervenor as of right to a lawsuit filed under42 subsection (2) of this section in which there is a school district that was a43 party to a lawsuit that presented constitutionally based educational claims or44 counterclaims and which lawsuit was suspended under subsection (2) of this45 section may designate the portions of the records of the suspended lawsuit46 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 filed48 under subsection (2) of this section, those parts of the record designated by49 the plaintiff, defendant or an intervenor as of right or the court shall be50 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 filed52 under subsection (2) of this section and shall be included in the record of53 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 13680 This legislation repeals H403aa passed in the 2003 legislative session. To date the new language has been found to be unconstitutional by two district court justices. Additionally, Idaho citizens object to judges being allowed to set taxes and to do so without a vote of the people. Further, allowing judges to set taxes is contrary to the separation of powers established by our founding fathers as they set out in our constitution which places that prerogative with the people and their legislature. FISCAL IMPACT Contact Name: Sen. Shawn Keough Phone: 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE S 1211