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H0690..........................................................by EDUCATION SCHOOL FACILITIES IMPROVEMENT ACT - Adds to and amends existing law relating to the School Facilities Improvement Act to provide legislative intent; to require use of payments from the School District Building Account and to delete certain reporting requirements; to remove the limitation on state financial assistance only for the interest cost portion of the annual bond interest and redemption payment; to provide a Public School Facilities Cooperative Funding Program; to create a Public School Facilities Cooperative Fund; to provide for school building maintenance matching funds; to require school districts to annually deposit an amount equal to a minimum of 2% of the replacement value of school buildings to a school building maintenance fund, less the amount deposited from state funds; to provide for calculation of the state's appropriation; to provide for a state appropriation; to provide for use of the fund moneys; to provide definitions; to provide a condition under which the administrator shall submit an application to the Public School Facilities Cooperative Fund panel to abate an identified safety hazard; to provide that an amount equal to the annual General Fund appropriation for bond levy equalization shall be annually distributed to the General Fund; and to transfer and appropriate $25,000,000 from the General Fund to the Public School Facilities Cooperative Fund. 02/15 House intro - 1st rdg - to printing 02/16 Rpt prt - to Educ
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 690 BY EDUCATION COMMITTEE 1 AN ACT 2 RELATING TO THE SCHOOL FACILITIES IMPROVEMENT ACT; PROVIDING LEGISLATIVE FIND- 3 INGS AND INTENT; AMENDING SECTION 6-2212, IDAHO CODE, TO PROVIDE A REFER- 4 ENCE TO THE APPOINTING AUTHORITY OF THE STATE BOARD OF EDUCATION AND TO 5 MAKE A TECHNICAL CORRECTION; AMENDING SECTION 33-905, IDAHO CODE, TO PRO- 6 VIDE PROPER TERMINOLOGY, TO DELETE OBSOLETE LANGUAGE, TO PROVIDE FOR DIS- 7 TRIBUTION OF ADDITIONAL MONEYS, TO REQUIRE USE OF PAYMENTS FROM THE SCHOOL 8 DISTRICT BUILDING ACCOUNT AND TO DELETE CERTAIN REPORTING REQUIREMENTS; 9 AMENDING SECTION 33-906, IDAHO CODE, TO REMOVE THE LIMITATION ON STATE 10 FINANCIAL ASSISTANCE ONLY FOR THE INTEREST COST PORTION OF THE ANNUAL BOND 11 INTEREST AND REDEMPTION PAYMENT; AMENDING SECTION 33-907, IDAHO CODE, TO 12 PROVIDE CODE REFERENCES; AMENDING CHAPTER 9, TITLE 33, IDAHO CODE, BY THE 13 ADDITION OF A NEW SECTION 33-909, IDAHO CODE, TO PROVIDE A PUBLIC SCHOOL 14 FACILITIES COOPERATIVE FUNDING PROGRAM AND TO CREATE A PUBLIC SCHOOL 15 FACILITIES COOPERATIVE FUND; AMENDING CHAPTER 10, TITLE 33, IDAHO CODE, BY 16 THE ADDITION OF A NEW SECTION 33-1018B, IDAHO CODE, TO PROVIDE FOR SCHOOL 17 BUILDING MAINTENANCE MATCHING FUNDS; AMENDING CHAPTER 10, TITLE 33, IDAHO 18 CODE, BY THE ADDITION OF A NEW SECTION 33-1019, IDAHO CODE, TO REQUIRE 19 SCHOOL DISTRICTS TO ANNUALLY DEPOSIT AN AMOUNT EQUAL TO A MINIMUM OF TWO 20 PERCENT OF THE REPLACEMENT VALUE OF SCHOOL BUILDINGS TO A SCHOOL BUILDING 21 MAINTENANCE FUND LESS THE AMOUNT DEPOSITED FROM STATE FUNDS, TO PROVIDE 22 FOR CALCULATION OF THE STATE'S APPROPRIATION, TO PROVIDE FOR A STATE 23 APPROPRIATION, TO PROVIDE FOR USE OF THE FUND MONEYS AND TO PROVIDE DEFI- 24 NITIONS; AMENDING SECTION 39-8011, IDAHO CODE, TO PROVIDE A CONDITION 25 UNDER WHICH THE ADMINISTRATOR SHALL SUBMIT AN APPLICATION TO THE PUBLIC 26 SCHOOL FACILITIES COOPERATIVE FUND PANEL TO ABATE AN IDENTIFIED SAFETY 27 HAZARD; AMENDING SECTION 63-2520, IDAHO CODE, TO PROVIDE THAT AN AMOUNT 28 EQUAL TO THE ANNUAL GENERAL FUND APPROPRIATION FOR BOND LEVY EQUALIZATION 29 SHALL BE ANNUALLY DISTRIBUTED TO THE GENERAL FUND; TRANSFERRING AND APPRO- 30 PRIATING $25,000,000 FROM THE GENERAL FUND TO THE PUBLIC SCHOOL FACILITIES 31 COOPERATIVE FUND; AND PROVIDING NONSEVERABILITY WITH EXCEPTIONS. 32 Be It Enacted by the Legislature of the State of Idaho: 33 SECTION 1. LEGISLATIVE FINDINGS AND INTENT. The Legislature hereby finds 34 that: 35 (1) Section 1, Article IX, of the Constitution of the state of Idaho pro- 36 vides that "it shall be the duty of the legislature of Idaho, to establish and 37 maintain a general, uniform and thorough system of public, free common 38 schools." 39 (2) In the case of Idaho Schools for Equal Educational Opportunity v. 40 Evans, 123 Idaho 573 (1993), the Idaho Supreme Court held that the then exist- 41 ing State Board of Education rules for school facilities, textbooks and cur- 42 riculum, and transportation systems were consistent with the thoroughness 43 requirements of Section 1, Article IX, of the Constitution of the state of 44 Idaho. The Supreme Court remanded the case for trial to determine if the sys- 2 1 tem of funding was providing such school facilities, textbooks and curriculum, 2 and transportation systems called for in the rules. 3 (3) In response to that action, the Legislature enacted Section 33-1612, 4 Idaho Code, which defined thoroughness and included "a safe environment condu- 5 cive to learning" among the statutory definitions of thoroughness. 6 (4) In a subsequent ruling in the same case, Idaho Schools for Equal Edu- 7 cational Opportunity v. State, 132 Idaho 559 (1999), the Idaho Supreme Court 8 held that the statutory requirement of "a safe environment conducive to learn- 9 ing" and the rules adopted pursuant to it were consistent with the thorough- 10 ness requirements of Section 1, Article IX, of the Constitution of the state 11 of Idaho, and that such a safe environment was inherently part of a thorough 12 system of public, free common schools required by Section 1, Article IX, of 13 the Constitution of the state of Idaho. The Supreme Court remanded the case to 14 the district court to determine whether the funding system was providing a 15 safe environment conducive to learning. 16 (5) On February 5, 2001, the Fourth Judicial District Court entered find- 17 ings of fact and conclusions of law that the system of school funding then in 18 existence was constitutionally deficient in its ability to repair or replace 19 dangerous or unsafe conditions in school buildings. 20 (6) On December 21, 2005, on appeal to the Supreme Court, the Idaho 21 Supreme Court affirmed the district court's February 5, 2001, decision and 22 said: 23 In sum, the evidence in the record clearly supports the district 24 court's 2001 Findings. We affirm the conclusion of the district court 25 that the current funding system is simply not sufficient to carry out 26 the Legislature's duty under the constitution. While the Legislature 27 has made laudable efforts to address the safety concerns of various 28 school districts, the task is not yet complete. The appropriate 29 remedy, however, must be fashioned by the Legislature and not this 30 Court. Quite simply, Article IX of our constitution means what it 31 says: "[I]t shall be the duty of the Legislature of Idaho, to estab- 32 lish and maintain a general, uniform and thorough system of public, 33 free common schools." Thus, it is the duty of the State, and not this 34 Court or the local school districts, to meet this constitutional man- 35 date. 36 (7) In response to the Supreme Court's 2005 decision, and mindful that 37 the Supreme Court has recognized the Legislature's efforts, following the dis- 38 trict court's decision in 2001, to provide a system of funding that provides 39 safe schools, it is the purpose of this Act to fulfill the Legislature's 40 responsibility under Section 1, Article IX, of the Constitution of the state 41 of Idaho, by establishing an ongoing, state-funded system for funding repair 42 or replacement of unsafe school facilities in a manner that fairly and equita- 43 bly balances the state and local contributions. It requires funds to be dedi- 44 cated to maintenance to arrest deterioration of schools before they become 45 unsafe. 46 (8) In proposing this Act, it is the intent of the Legislature to: 47 (a) Amend the statutes addressing the School District Building Account to 48 provide an ongoing means of providing funds from that account for the pur- 49 pose of assisting school districts to fund repair or replacement of unsafe 50 school facilities; and 51 (b) Remove all artificial limits on the functioning of the bond levy 52 equalization value index. The index measures a school district's relative 53 ability to pay, and provides a secure, ongoing revenue source for the bond 54 levy equalization program, enabling each school district's full share of 55 state lottery funds to be used for school building maintenance and 3 1 repairs; and 2 (c) Establish an ongoing School Facilities Cooperative Funding Program to 3 assist school districts to fund repair or replacement of unsafe school 4 buildings when school districts are unable to fund necessary repair or 5 replacement; and 6 (d) Provide ongoing, fair and equitable state assistance to school dis- 7 tricts under the School Facilities Cooperative Funding Program whereby the 8 state initially funds the total cost of repair and replacement that school 9 districts are unable to fund themselves. It creates the necessary taxing 10 authority to pay the school district's share of the cost of repair or 11 replacement, and establishes a statutory formula to annually determine the 12 school district's fair and equitable share of the costs of repair or 13 replacement that compares the school district's bonds and/or plant facili- 14 ties levy rates to the statewide average bond and/or facility levy rate; 15 and 16 (e) Require each school district to annually set aside an adequate amount 17 of moneys for the exclusive purpose of school building maintenance in 18 order to arrest deterioration in school facilities that have lead to 19 unsafe conditions and to provide a sliding scale of state match subsidies 20 for this amount based upon the school district's relative ability to pay. 21 SECTION 2. That Section 6-2212, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 6-2212. STATE SUPERVISION. When authorizedin this chapterby law, the 24 district court, or the state board of education pursuant to section 33-909, 25 Idaho Code, may issue an order for state supervision of a local school dis- 26 trict. When an order for state supervision of a local school district is 27 entered by the district court, the superintendent of public instruction shall 28 within thirty-five (35) calendar days appoint, at local school district 29 expense, an officer to be known as a district supervisor. The district super- 30 visor shall have authority to approve or disapprove any actions of the board 31 of the local school district, to supervise or dismiss superintendents,assis-32tanceassistant superintendents, and any other district administrative person- 33 nel, and to take any actions necessary to further the local school district's 34 obligations to provide constitutionally required educational services. The 35 district supervisor shall serve at the pleasure of the superintendent of pub- 36 lic instruction until removed by the superintendent of public instruction or 37 the superintendent of public instruction reports to the district court that 38 the local school district is in substantial compliance with its obligations to 39 provide constitutionally required educational services, or until the district 40 court, upon its own motion or upon motion of any of the parties, orders state 41 supervision to end. 42 SECTION 3. That Section 33-905, Idaho Code, be, and the same is hereby 43 amended to read as follows: 44 33-905. SCHOOL DISTRICT BUILDING ACCOUNT -- PAYMENTS TO ACCOUNT -- MONEYS 45 APPROPRIATED TO STATE BOARD -- APPLICATION FOR MONEYS -- PAYMENTS TO DISTRICTS 46 -- REPORTS ON APPLICATIONS -- USES OF MONEYS. (1.) The state of Idaho,recog-47nizingin order to fulfill its responsibility to establish and maintain a gen- 48 eral, uniform and thorough system of public, free common schools,in an effort49to partially fulfill this responsibility,hereby creates and establishes the 50 school district building account in the state treasury. The school district 51 building account shall have paid into it such appropriations or revenues as 4 1 may be provided by law. 2 (2.)Moneys in the school district building account are hereby appropri-3ated to and may be expended by the state board of education at any time for4the purposes provided in this section, any provision of chapter 35, title 67,5Idaho Code, or chapter 36, title 67, Idaho Code, notwithstanding.63. (a) As to any moneys in the account other than lottery dividends dis-7tributed pursuant to subsection 4. of this section, the board of trustees8of any school district may apply to the state board of education to9receive a payment or payments from the school district building account;10provided, a district demonstrates to the state board of education that it11has a substantial and serious need based upon the district's classroom12student-teacher ratios, past efforts to levy for such construction, physi-13cal condition of existing structures, and the total assessed market value14of the district, all of which shall be further defined by actual need cri-15teria established by the state board of education.16(b) When an application for moneys from the account is approved by the17state board of education, the state board shall inform the school district18that the application has been approved, citing the amount approved for19payment and an estimate of the time when the payment can actually be made20to the school district.214.By not later than August 31, moneys in the account pursuant to distri- 22 bution from section 67-7434, Idaho Code, the lottery dividends and interest 23 earned thereon, shall be distributed to each of the several school districts, 24 in the proportion that the average daily attendance of that district for the 25 previous school year bears to the total average daily attendance of the state 26 during the previous school year. For the purposes of this subsection42. only, 27 the Idaho school for the deaf and blind shall be considered a school district, 28 and shall receive a distribution based upon the average daily attendance of 29 the school. Average daily attendance shall be calculated as provided in sec- 30 tion 33-100245., Idaho Code. 31 (3) Any other state moneys that may be made available shall be distrib- 32 uted to meet the requirements of section 33-1019, Idaho Code. If the amount of 33 such funds exceeds the amount needed to meet the provisions of section 34 33-1019, Idaho Code, then the excess balance shall be transferred to the pub- 35 lic education stabilization fund. 365.(4) All payments from the school district building account shall be 37 paid out directly to the school district in warrants drawn by the state con- 38 troller upon presentation of proper vouchers from the state board of educa- 39 tion. Pending payments out of the school district building account, the moneys 40 in the account shall be invested by the state treasurer in the same manner as 41 provided under section 67-1210, Idaho Code, with respect to other idle moneys 42 in the state treasury. Interest earned on the investments shall be returned to 43 the school district building account. 446.(5) Payments from the school district building account received by a 45 school districtmayshall be used by the school district for the purposes 46 authorized in section 33-11021019, Idaho Code, up to the level of the state 47 match so required. Any payments from the school district building account 48 received by a school district that are in excess of the state match require- 49 ments of section 33-1019, Idaho Code, may be used by the school district for 50 the purposes authorized in section 33-1102, Idaho Code. 517. (a) By not later than December 1, each school district shall report to52the state department of education the projects on which moneys received53from the school district building account were expended. The state depart-54ment of education shall transmit a summary of such reports to the legisla-55ture by not later than January 15 of the following year.5 1(b) By not later than December 1, each school district shall report to2the state department of education the planned uses for the moneys received3from the school district building account. The state department of educa-4tion shall transmit a summary of the reports to the legislature by not5later than January 15 of the following year.6 SECTION 4. That Section 33-906, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 33-906. BOND LEVY EQUALIZATION SUPPORT PROGRAM. (1) Pursuant to section 9 33-906B, Idaho Code, school districts with a value index below one (1) shall 10 be eligible to receive additional state financial assistance for the cost of 11 annual bond interest and redemption payments made on bonds passed on or after 12 September 15, 2002. However, any school district shall receive no less than 13 ten percent (10%) of the interest cost portion of the annual bond interest and 14 redemption payment for bonds passed on or after September 15, 2002, and before 15 July 1, 2006. The state department of education shall disburse such funds to 16 school districts from moneys appropriated from the bond levy equalization 17 fund. The department shall disburse the funds by no later than September 1 of 18 each year for school districts in which voters have approved the issuance of 19 qualifying bonds by no later than January 1 of that calendar year, and which 20 are certifying a qualifying bond interest and redemption payment for the fis- 21 cal year in which the disbursement is made. For districts with a value index 22 below one (1), the percentage of each annual bond interest and redemption pay- 23 ment that is paid by the state shall be determined by dividing the difference 24 between one (1) and the school district's value index by one (1).provided25that the state shall pay for no more than the interest cost portion of the26annual bond interest and redemption payment, and each school district shall27receive no less than ten percent (10%) of the interest cost portion of the28qualifying bond interest and redemption payment.29 (2) For the purposes of this section, the annual bond interest and 30 redemption payment shall be determined by dividing the total payment amounts 31 by the number of fiscal years in which payments are to be made. The interest 32 cost portion of the annual bond interest and redemption payment shall be 33 determined by dividing the total interest paid by the number of fiscal years 34 in which payments are to be made. For school districts not qualifying for a 35 state payment in the first year of the bond interest and redemption payment 36 schedule, due solely to the January 1 eligibility deadline, the state depart- 37 ment of education shall distribute an additional payment in the next fiscal 38 year, in the amount of such funds that the school district would have other- 39 wise qualified for in the current fiscal year. 40 (3) The provisions of this section may not be utilized to refinance 41 existing debt or subsidize projects previously subsidized by state grants; 42 provided however, that any school district that has issued qualifying bonds 43 prior to June 30, 2004, in conformance with this section shall not be deemed 44 to be refinancing existing debt when the qualifying bonds are utilized to 45 finance the acquisition of public school facilities previously leased or 46 financed through means other than the issuance of general obligation bonds 47 approved by a two-thirds (2/3) vote at an election called for that purpose 48 subject to subsection (5) of this section. 49 (4) School districts shall annually report the status of all qualifying 50 bonds to the state department of education by January 1 of each year, includ- 51 ing bonds approved by the voters, but not yet issued. Information submitted 52 shall include the following: 53 (a) The actual or estimated bond interest and redemption payment sched- 6 1 ule; 2 (b) Any qualifying bond that has been paid off; 3 (c) Other information as may be required by the state department of edu- 4 cation. 5 (5) No school district eligible for participation in the bond levy equal- 6 ization support program shall be deemed ineligible for participation due to 7 that school district's eligibility and prior participation in the safe school 8 facilities loan and grant program or the Idaho safe schools facilities program 9 under section 33-804A, 33-1017 or 33-1613, Idaho Code, provided that: 10 (a) Such school district notifies the state department of education of 11 its desire and eligibility to participate in the bond levy equalization 12 support program; and 13 (b) Such school district shall receive no state financial assistance 14 under the bond levy equalization support program until the amount to which 15 it would otherwise have been entitled to receive shall equal the amounts 16 received by the school district under the safe school facilities loan and 17 grant program or the Idaho safe schools facilities program under section 18 33-804A, 33-1017 or 33-1613, Idaho Code. 19 SECTION 5. That Section 33-907, Idaho Code, be, and the same is hereby 20 amended to read as follows: 21 33-907. PUBLIC EDUCATION STABILIZATION FUND. There is hereby created in 22 the state treasury a fund to be known as the public education stabilization 23 fund, which shall function as a fund detail of the public school income fund. 24 The fund shall consist of moneys transferred to the fund according to the pro- 25 visions of sections 33-905 and 33-1018, Idaho Code, and any other moneys made 26 available through legislative transfers or appropriations. Moneys in the fund 27 are hereby continuously appropriated for the purposes stated in sections 28 33-1018 and 33-1018B, Idaho Code, and shall only be expended for the purposes 29 stated in sections 33-1018,and33-1018A and 33-1018B, Idaho Code. Any accumu- 30 lated balances in the fund that are in excess ofthreefive percent (35%) of 31 the current fiscal year's total general fund appropriation for public school 32 support shall be transferred to the bond levy equalization fund. Interest 33 earned from the investment of moneys in the fund shall be credited to the pub- 34 lic school income fund. 35 SECTION 6. That Chapter 9, Title 33, Idaho Code, be, and the same is 36 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 37 ignated as Section 33-909, Idaho Code, and to read as follows: 38 33-909. PUBLIC SCHOOL FACILITIES COOPERATIVE FUNDING PROGRAM -- FUND CRE- 39 ATED. (1) In fulfillment of the constitutional requirement to provide a gen- 40 eral, uniform and thorough system of public, free common schools, it is the 41 intent of the state of Idaho to advance its responsibility for providing a 42 safe environment conducive to learning by providing a public school facilities 43 funding program to enable qualifying school districts to address unsafe facil- 44 ities identified as unsafe under the standards of the Idaho uniform school 45 building safety act. 46 (2) Participation in the program, for the purpose of obtaining state 47 financial support to abate identified school building safety hazards, requires 48 submission of an application to the public school facilities cooperative fund- 49 ing program panel. Application can be made by: 50 (a) Any school district that has failed to approve at least one (1) or 51 more bond levies for the repair, renovation or replacement of existing 7 1 unsafe facilities, within the two (2) year period immediately preceding 2 submission of the application; or 3 (b) The administrator of the division of building safety, for a school 4 district that has failed to address identified unsafe facilities as pro- 5 vided in chapter 80, title 39, Idaho Code. 6 (3) There is hereby created within the office of the state board of edu- 7 cation the Idaho public school facilities cooperative funding program panel, 8 hereafter referred to as the panel. The panel shall consist of the administra- 9 tor of the division of building safety, the administrator of the division of 10 public works and the executive director of the state board of education, or a 11 designee appointed by a panel member. It shall be the duty of the panel to 12 consider all applications made to it, and to either approve, modify or reject 13 an application based on the most economical solution to the problem, as ana- 14 lyzed within a projected twenty (20) year time frame. 15 (4) The application shall contain the following information: 16 (a) The identified school building safety hazards and such other informa- 17 tion necessary to document the deficiencies; 18 (b) The school district's plan for abating the defects, including costs 19 and sources and amounts of revenue available to the school district; 20 (c) The market value for assessment purposes of the school district; and 21 (d) A detailed accounting of all bond and plant facility levies of the 22 school district and the revenues raised by such levies. 23 For applications initiated by the administrator of the division of building 24 safety pursuant to subsection (2)(b) of this section, the school district 25 shall provide the information required in this subsection (4) if such informa- 26 tion is not available to the administrator. 27 (5) In considering an application, the panel shall determine whether the 28 plan as proposed is acceptable, or is acceptable with modifications as deter- 29 mined by the panel, or should be rejected. The panel shall notify the appli- 30 cant of its decision, in writing, within sixty (60) days of receiving the 31 application. At the same time the panel notifies the applicant, the panel 32 shall send notification of an approved application or a modified application 33 to the state board of education, along with the panel's specifications for the 34 project and its cost. 35 (6) If an application received from a school district is accepted or mod- 36 ified by the panel, the local board of trustees of that school district, at 37 the next election held pursuant to section 34-106, Idaho Code, shall submit 38 the question to the qualified electors of the school district of whether to 39 approve a bond in the amount of the cost of the project as approved by the 40 panel. 41 (7) Within thirty-five (35) calendar days of receiving notification from 42 the panel that an application submitted by the administrator of the division 43 of building safety pursuant to subsection (2)(b) of this section has been 44 approved or modified by the panel, or within thirty-five (35) calendar days of 45 receiving certification from the panel that the question submitted to the 46 electorate pursuant to subsection (6) of this section was not approved in the 47 election, the state board of education shall appoint a district supervisor for 48 interim state supervision of the local school district. The district supervi- 49 sor shall be responsible for ensuring the project, as approved by the panel, 50 is completed and shall regularly report to the panel in a manner as determined 51 by the panel upon approval of the project. The district supervisor shall also 52 have the authority granted to said position by the provisions of section 53 6-2212, Idaho Code. A district supervisor's term of service shall continue for 54 the duration of the project, and such person appointed as a district supervi- 55 sor shall serve at the pleasure of the state board of education. 8 1 (8) Upon approval of an application or a modified application submitted 2 by the administrator of the division of building safety pursuant to subsection 3 (2)(b) of this section, or upon receipt of certification from the county that 4 the question submitted to the electorate pursuant to subsection (6) of this 5 section was not approved in the election, the panel shall certify the cost of 6 the project, as approved by the panel, to the state department of education. 7 (a) The total cost of the project shall initially be paid by the state 8 from the public school facilities cooperative fund. 9 (b) The district's share of costs that may be repaid through the levy 10 provisions of this section shall not exceed the district's share of bond 11 payment costs as calculated for the bond levy equalization support program 12 in the fiscal year in which the application is made. Interest shall be 13 charged on the unpaid balance of the district's share of costs, as such 14 balance exists at the end of each fiscal year, at the rate of interest 15 earned by the state treasurer on the investment of idle funds in that fis- 16 cal year. 17 (c) It shall be the responsibility of the state department of education 18 to calculate a state-authorized plant facilities levy rate in accordance 19 with the provisions of subsection (9) of this section, which, when imposed 20 over a maximum period not to exceed twenty (20) years, may yield the reve- 21 nues needed to repay the school district's share of the cost of the proj- 22 ect. 23 (d) The levy rate calculated by the state department of education shall 24 be certified by the department to the county or counties wherein the 25 boundaries of the school district are contained, for assessment of the 26 levy and collection of the revenues by such county or counties in the man- 27 ner provided by law. The revenues collected by imposition of the state- 28 authorized plant facilities levy shall be remitted to the state treasurer 29 for deposit to the public school facilities cooperative fund. 30 (9) The annual state-authorized plant facilities levy rate shall be lim- 31 ited to the greater of: 32 (a) The difference between the school district's combined bond and plant 33 facilities levy rates, and the statewide average bond and plant facility 34 levy rates; or 35 (b) The statewide average plant facility levy rate. 36 The initial levy rate so calculated shall be established as the minimum levy 37 rate that shall be imposed for the amount of time required to reimburse the 38 state for the school district's share of the project cost, but not to exceed 39 twenty (20) years, even if this period would not provide reimbursement of the 40 entire amount of the school district's share of the cost of the project. The 41 state department of education is authorized and directed to recalculate the 42 levy rate on an annual basis, and is authorized to increase or decrease the 43 levy rate according to the scheduled payback, but the levy rate shall not be 44 less than the levy rate initially imposed. Provided however, if the levy rate 45 calculated is estimated to raise more money than would be necessary to repay 46 the district's share of costs, then the state department of education shall 47 certify to the county or counties wherein the boundaries of the school dis- 48 trict are contained, the moneys necessary to repay the district's share of 49 costs. 50 (10) There is hereby created in the state treasury a public school facili- 51 ties cooperative fund. The fund shall contain such moneys as may be directed 52 pursuant to appropriation. Moneys in the fund shall be used exclusively to 53 finance the public school facilities cooperative funding program, and are 54 hereby continuously appropriated for such purposes as authorized by this sec- 55 tion. Moneys in the fund shall be invested by the state treasurer in the same 9 1 manner as provided under section 67-1210, Idaho Code, with respect to other 2 idle moneys in the state treasury. Interest earned on the investments shall be 3 credited to the school district building account. 4 SECTION 7. That Chapter 10, Title 33, Idaho Code, be, and the same is 5 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 6 ignated as Section 33-1018B, Idaho Code, and to read as follows: 7 33-1018B. SCHOOL BUILDING MAINTENANCE MATCHING FUNDS. If the amount of 8 money appropriated from the school district building account created in sec- 9 tion 33-905, Idaho Code, is insufficient to meet the state matching fund 10 requirements of section 33-1019, Idaho Code, then such insufficiency shall be 11 made up with a distribution from the public education stabilization fund cre- 12 ated in section 33-907, Idaho Code. 13 SECTION 8. That Chapter 10, Title 33, Idaho Code, be, and the same is 14 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 15 ignated as Section 33-1019, Idaho Code, and to read as follows: 16 33-1019. ALLOCATION FOR SCHOOL BUILDING MAINTENANCE REQUIRED. (1) School 17 districts shall annually deposit to a school building maintenance fund moneys 18 from any source available to the district equal to at least two percent (2%) 19 of the replacement value of school buildings, less the deposit of state funds 20 as provided in this section. The state shall annually provide funds to be 21 deposited into the school building maintenance fund as follows: 22 (a) Divide one (1) by the school district's value index for the fiscal 23 year, as calculated pursuant to section 33-906B, Idaho Code; and 24 (b) Multiply the result by one-half of one percent (0.5%) of the replace- 25 ment value of school buildings. 26 (c) For purposes of the calculation in this subsection (1), public 27 charter schools shall be assigned a value index of one (1). 28 (2) State funds shall be appropriated through the educational support 29 program/division of facilities, and disbursed from the school district build- 30 ing account. The order of funding sources used to meet the state funding 31 requirements of this section shall be as follows: 32 (a) State lottery funds distributed pursuant to section 33-905(2), Idaho 33 Code; 34 (b) If state lottery funds are insufficient to meet the state funding 35 requirements of this section, then other state funds available pursuant to 36 section 33-905(3), Idaho Code, shall be utilized; and 37 (c) If the funds in paragraphs (a) and (b) of this subsection (2) are 38 insufficient to meet the state funding requirements of this section, then 39 funds available pursuant to section 33-1018B, Idaho Code, shall be uti- 40 lized. 41 (3) Moneys in a school district's school building maintenance fund shall 42 be used exclusively for the maintenance and repair of school buildings, and 43 shall be utilized, first, to abate serious or imminent safety hazards, as 44 identified pursuant to chapter 80, title 39, Idaho Code. Unexpended moneys in 45 a school district's school building maintenance fund shall be carried over 46 from year to year. The replacement value of school buildings shall be deter- 47 mined by multiplying the number of square feet of building floor space in 48 school buildings by eighty dollars ($80.00). The joint finance-appropriations 49 committee shall annually review the replacement value per square foot when 50 setting appropriations for the educational support program, and may make 51 adjustments to this figure as necessary. School districts shall submit the 10 1 following to the state department of education by not later than December 1: 2 (a) The number of square feet of school building floor space; and 3 (b) The funds and fund sources deposited into the school district's 4 school building maintenance fund and the fund balance carried forward from 5 the prior fiscal year; and 6 (c) The projects on which moneys from the school district's school build- 7 ing maintenance fund were expended, and the amount and categories of 8 expenditures from the fund; and 9 (d) The planned uses of moneys in the school district's school building 10 maintenance fund. 11 The state department of education shall transmit a summary of such reports to 12 the legislature by not later than January 15 of the following year. 13 (4) For the purposes of this section: 14 (a) "School building" means buildings that are owned by the school dis- 15 trict or leased by the school district through a lease-purchase agreement 16 and are occupied by students. 17 (b) "School district" means a school district or public charter school. 18 SECTION 9. That Section 39-8011, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 39-8011. VIOLATIONS. (1) If a school district, the district superintend- 21 ent, principal, board of trustees, or other person in charge willfully vio- 22 lates the provisions of this chapter, the state superintendent of public 23 instruction shall withhold such ensuing apportionments as are necessary to 24 make repairs to abate the identified imminent safety hazard or serious safety 25 hazard. Withheld funds, not to exceed one and one-half percent (1 1/2%) of the 26 district's appropriation, shall be disbursed only to pay for such repairs. 27 (2) If the funds that would be raised over two (2) fiscal years from 28 applying the provisions of subsection (1) of this section are insufficient, in 29 combination with all moneys that will be available in the district's school 30 building maintenance fund for the same period, to provide sufficient moneys to 31 abate the identified imminent or serious safety hazard, then the administrator 32 shall submit an application to abate said hazard to the Idaho public school 33 facilities cooperative funding program panel pursuant to section 33-909, Idaho 34 Code. 35 (3) It is a misdemeanor to remove, without permission of the administra- 36 tor, a notice or order posted pursuant to this chapter. 37 SECTION 10. That Section 63-2520, Idaho Code, be, and the same is hereby 38 amended to read as follows: 39 63-2520. DISTRIBUTION OF MONEYS COLLECTED. Revenues received from the 40 taxes imposed by this chapter, and any revenues received from licenses, per- 41 mits, penalties, interest, or deficiency additions, shall be distributed by 42 the tax commission as follows: 43 (a) An amount of money shall be distributed to the state refund account 44 sufficient to pay current refund claims. All refunds authorized under this 45 chapter by the commission shall be paid through the state refund account, and 46 those moneys are continuously appropriated. 47 (b) On and after July 1, 2005, the balance remaining with the state trea- 48 surer after deducting the amount described in subsection (a) of this section 49 shall be distributed as follows: 50 (1) 17.3% of such balance shall be distributed to the permanent building 51 fund created by section 57-1108, Idaho Code. 11 1 (2) 0.4% of such balance shall be distributed to the central tumor regis- 2 try account. The amount of money so distributed to the central tumor reg- 3 istry account shall not exceed the fiscal year's appropriation, and at 4 such time as the appropriation has been distributed to the central tumor 5 registry account during any fiscal year, all such distributions in excess 6 of the appropriation shall be made instead to the general fund of the 7 state of Idaho. 8 (3) 1% of such balance shall be distributed to the cancer control account 9 created by section 57-1702, Idaho Code. Revenues received in the cancer 10 control account shall be paid over to the state treasurer by the state tax 11 commission to be distributed as follows: 12 (i) Such amounts as are appropriated for purposes specified in sec- 13 tion 57-1702, Idaho Code, shall be expended as appropriated; 14 (ii) Any balance remaining in the cancer control account on June 30 15 of any fiscal year after the amounts withdrawn by appropriation have 16 been deducted, shall be reserved for transfer to the general fund on 17 July 1 and the state controller shall order such transfer. 18 (4)21.25% of such balanceAn amount equal to the annual general fund 19 appropriation for bond levy equalization, pursuant to section 33-906, 20 Idaho Code, shall be annually distributed to the general fund.of the21state of Idaho for the fiscal year commencing July 1, 2005 through June2230, 2006.23 (5) All remaining moneys shall be distributed as follows: For the fiscal 24 year commencing July 1, 2005, and ending June 30, 2006, all moneys shall 25 be distributed to the economic recovery reserve fund created by section 26 67-3520, Idaho Code. For fiscal years on and after July 1, 2006, all 27 moneys shall be distributed to the permanent building fund with the moneys 28 to be used for the repair, remodel and restoration of the state capitol 29 building and state facilities pertaining to the capitol restoration until 30 such time as the capitol restoration is adequately funded as certified by 31 the director of the department of administration. Thereafter all moneys 32 shall be distributed to the economic recovery reserve fund created by sec- 33 tion 67-3520, Idaho Code. 34 SECTION 11. There is hereby transferred and appropriated $25,000,000 from 35 the General Fund to the Public School Facilities Cooperative Fund. 36 SECTION 12. NONSEVERABILITY. With the exception of Sections 4, 10 and 11 37 of this act, the remaining provisions of this act are hereby declared to be 38 nonseverable and if any provision of the remaining portions of this act or the 39 application of such provision to any person or circumstance is declared 40 invalid for any reason, such declaration shall render all such remaining por- 41 tions of this act null, void and of no force or effect.
STATEMENT OF PURPOSE RS 16029C1 The purpose of the School Facilities Improvement Act is to meet the Legislature's responsibility to provide a general, uniform and thorough system of public, free common schools. The Idaho Supreme Court has ruled that this responsibility requires that the Legislature provide for a system that guarantees that students will attend safe facilities. This legislation provides for such a system through the following three-part approach: Bond Levy Equalization The system of using bonded indebtedness as the primary tool for school districts to address major facility needs creates certain inequities, insofar as some school districts have higher property values than others. To address this issue, this legislation provides for a fully-indexed, securely-funded Bond Levy Equalization program. This program uses a similar approach as has been used, and found to be constitutional, in the funding of school district operational costs. Specifically, the program ensures that poorer school districts are provided with larger state subsidies, using a value index that measures relative property values, local unemployment rates, and local per capita income figures, as compared to the state average. This legislation removes artificial maximum and minimum subsidy amounts, allowing additional subsidies to flow to the poorest districts. It also provides the program with an adequate and sustainable funding source from current Cigarette Tax revenues that are not needed for Capitol restoration costs. While one-time appropriations of Lottery funds can be used to cover FY07 costs, beginning in FY07, all ongoing appropriations of school Lottery funds will again flow to school districts, for school building maintenance. School Facilities Maintenance Fund The current system lacks an absolute requirement that school districts allocate funds for building maintenance. Many of today's dilapidated school buildings would not have deteriorated to such a point had adequate building maintenance been performed. This legislation will help avert such future problems by requiring that 2% of the replacement value of school buildings be deposited in a school building maintenance fund each year. While there is no requirement that all of these moneys be spent each year, they must at least be deposited in the fund, to accumulate against the day when they will be needed. This 2% allocation requirement also includes an equalized state funding match, which averages 0.5%, but which currently would range from 0.1% in the wealthiest district to over 1% in the poorest district. Public School Facilities Cooperative Funding Program The current system lacks a robust, failsafe mechanism for addressing school facility safety issues, in the event that a school district is simply unable or unwilling to correct the problem. Existing statutes provide authority to the Division of Building Safety to close an unsafe school. This does not address, however, what to do with the children who would be without a school. This legislation provides for a $25 million Public School Facilities Cooperative Fund to remediate unsafe school facilities, as a last resort, if the school district has been unable or unwilling to solve the problem. A school district can apply to use the fund if they have attempted to pass a bond levy to address the problem and failed. The ultimate safeguard, however, is that the Division of Building Safety can apply on behalf of a school district, if the district cannot or will not act. State approval of a project, or a modified version of it, automatically refers the approved project to the voters in the school district, for one last attempt at bond passage. Failure of the bond then triggers up-front state funding of the project, and direct state supervision of the school district, to last until the project is completed. State funding of a project will also trigger a property tax levy in the school district, the proceeds of which will be deposited back in the Public School Facilities Cooperative Fund. The amount that school district taxpayers would pay into the fund would vary, depending on the levy rate, which is recalculated each year, and the district's relative wealth. Wealthier districts with low levy rates would likely pay 100% of the project cost into the fund, while poorer districts with high levy rates would pay less. The levy could run for no more than 20 years, even if the school district share of costs has not been fully paid within that time period. FISCAL NOTE In addition to the $25 million in one-time surplus funds that are transferred from the General Fund to the Public School Facilities Cooperative Fund, FY 2007 ongoing expenditures for Bond Levy Equalization would increase from an original estimate of $5.3 million to $5.8 million. Also, ongoing state funding for school facilities maintenance would increase from $8.9 million in FY 2006 to $16.4 million. Ongoing funding increases would be funded by a mix of dedicated and General Funds. Contact Name: Representatives: Lawerence Denney, Scott Bedke Senators Curt McKenzie, Shawn Keough Phone: 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 690