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H0691..........................................................by EDUCATION
SCHOOL BUILDINGS - Amends and adds to existing law to require school
districts to inventory buildings and deposit one percent of the value of
buildings into the School Plant Facilities Reserve Fund; to provide a
matching fund criteria for bond levies and for maintenance of school
buildings; to authorize the State Building Authority to issue bonds for
school buildings; to appropriate $35,000,000 from the General Fund; and to
provide for distribution of sales tax revenues to school building funding.
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 - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 691
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO PUBLIC SCHOOL BUILDINGS; AMENDING SECTION 33-301, IDAHO CODE, TO
3 AUTHORIZE SCHOOL DISTRICTS TO LEASE REAL AND PERSONAL PROPERTY; AMENDING
4 SECTION 33-601, IDAHO CODE, TO AUTHORIZE THE BOARD OF TRUSTEES TO LEASE
5 SCHOOL BUILDINGS OR OTHER PROPERTY FOR SCHOOL PURPOSES AND TO AUTHORIZE
6 AGREEMENTS FOR LEASE OF BUILDINGS AND PROPERTY WITH THE STATE BUILDING
7 AUTHORITY; AMENDING SECTION 33-901, IDAHO CODE, TO AUTHORIZE SCHOOL PLANT
8 FACILITIES RESERVE FUNDS TO BE USED FOR LEASES AND PAYMENT TO THE STATE
9 BUILDING AUTHORITY, TO PROVIDE FOR ANNUAL DEPOSIT OF MONEYS INTO THE FUND
10 BY DISTRICTS, TO PROVIDE FOR DETERMINATION OF VALUE OF BUILDINGS BY SCHOOL
11 DISTRICTS AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 33-905,
12 IDAHO CODE, TO AUTHORIZE THE STATE DEPARTMENT OF EDUCATION TO UTILIZE
13 MONEYS IN THE SCHOOL DISTRICT BUILDING ACCOUNT FOR REPAYMENT OF PRESENT
14 AND FUTURE VOTER APPROVED LEVIES, TO PROVIDE AUTHORITY TO MATCH SCHOOL
15 DISTRICT FUNDS FOR BUILDINGS AND REPAIRS AND TO ALLOW PAYMENTS TO THE
16 STATE BUILDING AUTHORITY; AMENDING CHAPTER 9, TITLE 33, IDAHO CODE, BY THE
17 ADDITION OF A NEW SECTION 33-905A, IDAHO CODE, TO PROVIDE THE SCHOOL
18 FACILITY LOTTERY FUND IN THE STATE TREASURY; AMENDING SECTION 33-906,
19 IDAHO CODE, TO EXPAND THE BOND LEVY EQUALIZATION SUPPORT PROGRAM; AMENDING
20 SECTION 33-1111, IDAHO CODE, TO AUTHORIZE THE SALE OF BONDS TO THE STATE
21 BUILDING AUTHORITY; AMENDING SECTION 63-3638, IDAHO CODE, TO REMIT SALES
22 TAX MONEYS TO THE SCHOOL DISTRICT BUILDING ACCOUNT; AMENDING SECTION
23 67-6402, IDAHO CODE, TO REVISE DEFINITIONS; AMENDING SECTION 67-6404,
24 IDAHO CODE, TO PROVIDE A FURTHER DECLARATION OF POLICY; AMENDING SECTION
25 67-6409, IDAHO CODE, TO PROVIDE ADDITIONAL POWERS OF THE STATE BUILDING
26 AUTHORITY AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 67-6410,
27 IDAHO CODE, TO PROVIDE THAT LEGISLATIVE APPROVAL IS NOT REQUIRED WHEN A
28 BUILDING IS A SCHOOL BUILDING AND UPON CERTAIN CONDITIONS; AMENDING SEC-
29 TION 67-7434, IDAHO CODE, TO REVISE HOW LOTTERY DIVIDENDS ARE DISTRIBUTED;
30 AMENDING CHAPTER 80, TITLE 39, IDAHO CODE, BY THE ADDITION OF A NEW SEC-
31 TION 39-8006A, IDAHO CODE, TO PROVIDE DUTIES OF THE ADMINISTRATOR OF THE
32 DIVISION OF BUILDING SAFETY AND THE DEPARTMENT OF EDUCATION REGARDING
33 SCHOOL BUILDINGS, SAFETY AND REPAIR; APPROPRIATING MONEYS FROM THE GENERAL
34 FUND TO THE SCHOOL DISTRICT BUILDING ACCOUNT; AND PROVIDING SEVERABILITY.
35 Be It Enacted by the Legislature of the State of Idaho:
36 SECTION 1. That Section 33-301, Idaho Code, be, and the same is hereby
37 amended to read as follows:
38 33-301. SCHOOL DISTRICTS BODIES CORPORATE. Each school district, now or
39 hereafter established, when validly organized and existing, is declared to be
40 a body corporate and politic, and in its corporate capacity may sue and be
41 sued and may acquire, lease, hold and convey real and personal property neces-
42 sary to its establishment, extension and existence. It shall have authority to
43 issue negotiable coupon bonds and incur such other debt, in the amounts and
2
1 manner, as provided by law.
2 SECTION 2. That Section 33-601, Idaho Code, be, and the same is hereby
3 amended to read as follows:
4 33-601. REAL AND PERSONAL PROPERTY -- ACQUISITION, USE OR DISPOSAL OF
5 SAME. The board of trustees of each school district shall have the following
6 powers and duties:
7 1. To rent or lease to or from others, school buildings or other real or
8 personal property used, or to be used, for school purposes.
9 2. To contract for the construction, repair, or improvement of any real
10 property, or the acquisition, purchase or repair of any equipment, or other
11 personal property necessary for the operation of the school district.
12 Except for the purchase of curricular materials as defined in section
13 33-118A, Idaho Code, such contract shall be executed in accordance with the
14 provisions of chapter 28, title 67, Idaho Code.
15 3. To designate and purchase any real property necessary for school pur-
16 poses or in the operation of the district, or remove any building, or dispose
17 of any real property. Prior to, but not more than one (1) year prior to, any
18 purchase or disposal of real property, the board shall have such property
19 appraised by an appraiser certified in the state of Idaho, which appraisal
20 shall be entered in the records of the board of trustees, and shall be used to
21 establish the value of the real property. The board of trustees shall deter-
22 mine the size of the site necessary for school purposes. The site shall be
23 located within the incorporated limits of any city within the district; pro-
24 vided, however, that if the board finds that it is not in the best interests
25 of the electors and the students of the district to locate the site within the
26 incorporated limits of a city, the board, by duly adopted resolution setting
27 forth the reasons for its finding, may designate a site located elsewhere
28 within the district. In elementary school districts, except upon removal for
29 highway purposes, a site may be designated or changed only after approval of
30 two-thirds (2/3) or more of the electors voting at the annual meeting.
31 4. (a) To convey, except as provided by paragraph (b) of this subsection,
32 by deed, bill of sale, or other appropriate instrument, all of the estate
33 and interest of the district in any property, real or personal. In elemen-
34 tary school districts, except such conveyance as is authorized by subsec-
35 tion 6. of this section, any of the transactions authorized in this sub-
36 section shall be subject to the approval of two-thirds (2/3) or more of
37 the electors voting at the annual meeting.
38 Prior to such sale or conveyance, the board shall have the property
39 appraised pursuant to this section, which appraisal shall be entered in
40 the records of the board of trustees. The property may be sold at public
41 auction or by sealed bids, as the board of trustees shall determine, to
42 the highest bidder. Such property may be sold for cash or for such terms
43 and conditions as the board of trustees shall determine for a period not
44 exceeding ten (10) years, with the annual rate of interest on all deferred
45 payments not less than seven percent (7%) per annum. The title to all
46 property sold on contract shall be retained in the name of the school dis-
47 trict until full payment has been made by the purchaser, and title to all
48 property sold under a note and mortgage or deed of trust shall be trans-
49 ferred to the purchaser at the point of sale under the terms and condi-
50 tions of the mortgage or deed of trust as the board of trustees shall
51 determine. Notice of the time and the conditions of such sale shall be
52 published twice, and proof thereof made, in accordance with subsections g.
53 and h. of section 33-402, Idaho Code, except that when the appraised value
3
1 of the property is less than one thousand dollars ($1,000), one (1) single
2 notice by publication shall be sufficient and the property shall be sold
3 by sealed bids or at public auction.
4 The board of trustees may accept the highest bid, may reject any bid,
5 or reject all bids. If the real property was donated to the school dis-
6 trict the board may, within a period of one (1) year from the time of the
7 appraisal, sell the property without additional advertising or bidding.
8 Otherwise, the board of trustees must have new appraisals made and again
9 publish notice for bids, as before. If, thereafter, no satisfactory bid is
10 made and received, the board may proceed under its own direction to sell
11 and convey the property. In no case shall any real property of the school
12 district be sold for less than its appraisal.
13 The board of trustees may sell personal property, with an estimated
14 value of less than one thousand dollars ($1,000), without appraisal, by
15 sealed bid or at public auction, provided that there has been not less
16 than one (1) published advertisement prior to the sale of said property.
17 If the board, by a unanimous vote of those members present, finds that the
18 property has an estimated value of less than five hundred dollars ($500)
19 and is of insufficient value to defray the costs of arranging a sale, the
20 property may be disposed of in the most cost-effective and expedient man-
21 ner by an employee of the district empowered for that purpose by the
22 board.
23 (b) Real and personal property may be exchanged hereunder for other prop-
24 erty. Provided, however, that aside from the provisions of this paragraph,
25 any school district may by a vote of one-half (1/2) plus one (1) of the
26 members of the full board of trustees, by resolution duly adopted, author-
27 ize the lease, transfer or conveyance of any real or personal property
28 owned by such school district to the government of the United States, any
29 city, county, the state of Idaho, the Idaho state building authority, any
30 hospital district organized under chapter 13, title 39, Idaho Code, any
31 other school district, any library district, any community college dis-
32 trict, or any recreation district, with or without any consideration
33 accruing to the school district, when in the judgment of the board of
34 trustees it is for the interest of such school district that said
35 transfer, lease or conveyance be made. Prior to any transfer, lease or
36 conveyance of any real or personal property pursuant to this paragraph
37 4.(b), the board shall have the property appraised by an appraiser certi-
38 fied in the state of Idaho, which appraisal shall be entered in the
39 records of the board of trustees, and shall be used to establish the value
40 of the real or personal property.
41 5. To enter into contracts with any city located within the boundaries of
42 the school district for the joint purchase, construction, development, mainte-
43 nance and equipping of playgrounds, ball parks, swimming pools, and other rec-
44 reational facilities upon property owned either by the school district or the
45 city.
46 6. To convey rights-of-way and easements for highway, public utility, and
47 other purposes over, upon or across any school property and, when necessary to
48 the use of such property for any such purpose, to authorize the removal of
49 school buildings to such new location, or locations, as shall be determined by
50 the board of trustees, and such removal shall be made at no cost or expense to
51 the school district.
52 7. To authorize the use of any school building of the district as a com-
53 munity center, or for any public purpose, and to establish a policy of
54 charges, if any, to be made for such use.
55 8. To exercise the right of eminent domain under the provisions of chap-
4
1 ter 7, title 7, Idaho Code, for any of the uses and purposes provided in sec-
2 tion 7-701, Idaho Code.
3 9. If there is a great public calamity, such as an extraordinary fire,
4 flood, storm, epidemic, or other disaster, or if it is necessary to do emer-
5 gency work to prepare for national or local defense, or it is necessary to do
6 emergency work to safeguard life, health or property, the board of trustees
7 may pass a resolution declaring that the public interest and necessity demand
8 the immediate expenditure of public money to safeguard life, health or prop-
9 erty. Upon adoption of the resolution, the board may expend any sum required
10 in the emergency without compliance with this section.
11 SECTION 3. That Section 33-901, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 33-901. SCHOOL PLANT FACILITIES RESERVE FUND. (1) The board of trustees
14 of any school district may create and establish a school plant facilities
15 reserve fund by resolution adopted at any regular or special meeting of the
16 board. All moneys for said fund accruing from taxes levied under section
17 33-804, Idaho Code, together with interest accruing from the investment of any
18 moneys in the fund and any moneys allowed for depreciation of school plant
19 facilities as are appropriated from the general fund of the district, shall be
20 credited by the treasurer to the school plant facilities reserve fund.
21 Disbursements from said fund may be made from time to time as the board of
22 trustees may determine, for purposes authorized in section 33-1102, Idaho
23 Code, and for lease and lease purchase agreements for such purposes and to
24 repay loans from commercial lending institutions or the state building author-
25 ity extended to pay for the construction or lease of school plant facilities,
26 but no expenditure for remodeling existing buildings shall be authorized and
27 made unless the estimated cost thereof shall exceed five thousand dollars
28 ($5,000). Lease purchase agreements shall not extend beyond the period desig-
29 nated for any existing school plant facilities reserve fund levy. Expenditures
30 may also be made from this fund for participation by the school district in
31 any local improvement district in which the school district may be situate,
32 but any such participation shall not create a lien upon any of the property
33 owned by the school district.
34 Should any school district having a balance in its school plant facilities
35 reserve fund be consolidated with one (1) or more school districts to form a
36 new school district, the moneys in such fund shall be used to retire any bonds
37 issued by it and outstanding at the time of the consolidation. If there are no
38 bonds outstanding, any balance in its school plant facilities reserve fund
39 shall accrue to the new district to be added to or to create and establish a
40 school plant facilities reserve fund.
41 Should any school district having a balance in its school plant facilities
42 reserve fund be divided so as to create two (2) or more new districts the said
43 fund may be used to retire any bonds issued by it and outstanding at the time
44 of the division, or the said fund may be divided among the new school dis-
45 tricts, as may be approved by the electors at the time of the division. If the
46 fund is divided among the new districts, a school plant facilities reserve
47 fund is thereby created and established for each district.
48 The board of trustees of any school district having a school plant facili-
49 ties reserve fund created and established under any of the provisions of this
50 section, may discontinue the same by resolution adopted at any regular meeting
51 of the board. Upon such discontinuance, any balance in the fund shall be used
52 to retire any outstanding bonds, if any; otherwise, the balance may be trans-
53 ferred to the general fund of the district.
5
1 (2) Each school district shall annually deposit funds into its plant
2 facilities reserve fund from any sources available to the school district
3 equal to at least one percent (1%) of the replacement value of school district
4 owned school buildings. For the purposes of this subsection, the term "school
5 buildings" does not include buildings used exclusively for administrative
6 staff, shops, garages or similar functions where students are not normally
7 instructed by teachers.
8 (3) Moneys in the school plant facilities reserve fund being held for
9 future use may be invested in the manner of section 57-127, Idaho Code.
10 (4) A detailed financial report of the operations in and the condition of
11 the school plant facilities reserve fund shall be included in the annual
12 report of each district. Forms for such reporting shall be provided by the
13 state board of education. Such report shall be published as provided by law
14 for the publication of annual reports of school districts.
15 (5) In consultation with the state building authority, each school dis-
16 trict shall determine the value of all buildings owned by it. Each school dis-
17 trict shall inventory repair and maintenance needs, determine the costs
18 involved, and calculate a facilities condition index which shall be the cost
19 of repairs divided by value. A facilities conditions index in excess of one-
20 tenth (0.1) is excessive and does not reflect a healthy building.
21 SECTION 4. That Section 33-905, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 33-905. SCHOOL DISTRICT BUILDING ACCOUNT -- PAYMENTS TO FROM ACCOUNT --
24 MONEYS APPROPRIATED TO STATE BOARD DEPARTMENT -- APPLICATION FOR MONEYS --
25 PAYMENTS TO DISTRICTS -- REPORTS ON APPLICATIONS -- USES OF MONEYS. 1. The
26 state of Idaho, recognizing its responsibility to establish and maintain a
27 general, uniform and thorough system of public, free common schools, in an
28 effort to partially fulfill this responsibility, hereby creates and estab-
29 lishes the school district building account in the state treasury. The school
30 district building account shall have paid into it such appropriations or reve-
31 nues as may be provided by law.
32 2. Moneys in the school district building account are hereby appropriated
33 to and may be expended by the state board department of education at any time
34 for the purposes provided in this section, any provision of chapter 35, title
35 67, Idaho Code, or chapter 36, title 67, Idaho Code, notwithstanding.
36 3. (a) As to any moneys in the account other than lottery dividends dis-
37 tributed pursuant to subsection 4. of this section Commencing July 1,
38 2006, the board of trustees of any school district may apply to the state
39 board department of education to receive a payment or payments or to have
40 a payment or payments made on its behalf from the school district building
41 account; provided, a district demonstrates to the state board of education
42 that it has a substantial and serious need based upon the district's
43 classroom student-teacher ratios, past efforts to levy for such construc-
44 tion, physical condition of existing structures, and the total assessed
45 market value of the district, all of which shall be further defined by
46 actual need criteria established by the state board of education for the
47 repayment of present and future voter approved levies passed for: the
48 acquisition, purchase or improvement of a school site or school sites;
49 construction of a schoolhouse or schoolhouses; demolition or removal of
50 school buildings; addition to, remodel or repair of any existing building;
51 furnishing or equipping any building or buildings; or maintenance of
52 school buildings. For voter approved levies passed on and after July 1,
53 2006, the department of education shall establish appropriate criteria
6
1 governing space, cost and use of facilities to qualify for state funding
2 participation in school district construction. Only that portion of the
3 project which qualifies according to this criteria will qualify for state
4 matching funds; provided that this restriction shall not limit the school
5 district from committing additional funds derived from local funding
6 sources for a project or any portion of a project which does not qualify
7 for state participation. For voter approved levies passed prior to July 1,
8 2006, which are still in effect, the state department of education shall
9 establish appropriate criteria for reimbursing local districts for unex-
10 pended taxpayer funds expended for the acquisition, purchase or improve-
11 ment of a school site or school sites; construction of a schoolhouse or
12 schoolhouses; demolition or removal of school buildings; addition to,
13 remodel or repair of any existing building; furnishing or equipping any
14 building or buildings; or maintenance of school buildings. Moneys will be
15 reimbursed to districts according to the formula in section 33-906, Idaho
16 Code.
17 (b) When an application for moneys from the account is approved by the
18 state board department of education, the state board department shall
19 inform the school district that the application has been approved, citing
20 the amount approved for payment and an estimate of the time when the pay-
21 ment can actually be made to the school district.
22 4. By-not later than August 31, moneys in the account pursuant to distri-
23 bution from section 67-7434, Idaho Code, the lottery dividends and interest
24 earned thereon, shall be distributed to each of the several school districts,
25 in the proportion that the average daily attendance of that district for the
26 previous school year bears to the total average daily attendance of the state
27 during the previous school year. For the purposes of this subsection 4. only,
28 the Idaho school for the deaf and blind shall be considered a school district,
29 and shall receive a distribution based upon the average daily attendance of
30 the school. Average daily attendance shall be calculated as provided in sec-
31 tion 33-1002 4., Idaho Code The state department of education shall have
32 authority to contract with a school district to match school district funds in
33 the amount provided by section 33-906, Idaho Code, for voter approved levies.
34 Upon a finding by the state department of education that it is advantageous to
35 do so, the department may contract with the Idaho state building authority to
36 secure all or part of the financing necessary for a school project or projects
37 authorized by the department, and commit the current and future appropriations
38 in the school district building account to this purpose. Moneys in the account
39 may be utilized for financial assistance as provided in section 33-906, Idaho
40 Code, for the cost of annual bond interest and redemption payments made on
41 bonds. All moneys placed in the school plant facilities reserve fund pursuant
42 to section 33-901(2), Idaho Code, shall be matched by the state department of
43 education from this fund on a dollar for dollar basis.
44 5. All payments from the school district building account shall be paid
45 out directly to the school district in warrants drawn by the state controller
46 upon presentation of proper vouchers from the state board department of educa-
47 tion or, when a proposal has been approved for financing by the Idaho state
48 building authority, paid out to the authority. Pending payments out of the
49 school district building account, the moneys in the account shall be invested
50 by the state treasurer in the same manner as provided under section 67-1210,
51 Idaho Code, with respect to other idle moneys in the state treasury. Interest
52 earned on the investments shall be returned to the school district building
53 account.
54 6. Payments from the school district building account received by a
55 school district may be used by the school district for the purposes authorized
7
1 in section 33-1102, Idaho Code set forth herein.
2 7. (a) By not later than December 1, each school district shall report to
3 the state department of education the projects on which moneys received
4 from the school district building account were expended. The state depart-
5 ment of education shall transmit a summary of such reports to the legisla-
6 ture by not later than January 15 of the following year.
7 (b) By not later than December 1, each school district shall report to
8 the state department of education the planned uses for the moneys received
9 from the school district building account. The state department of educa-
10 tion shall transmit a summary of the reports to the legislature by not
11 later than January 15 of the following year.
12 SECTION 5. That Chapter 9, Title 33, Idaho Code, be, and the same is
13 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
14 ignated as Section 33-905A, Idaho Code, and to read as follows:
15 33-905A. SCHOOL FACILITIES -- LOTTERY PROCEEDS. (1) The state of Idaho,
16 recognizing its unique responsibility to appropriately expend the proceeds of
17 the state lottery, establishes the school facility lottery fund in the state
18 treasury. The school facility lottery fund shall have paid into it such
19 appropriations or revenues as may be provided by law.
20 (2) By not later than August 31 of each year, moneys in the fund shall be
21 distributed to each of the several school districts, in the proportion that
22 the average daily attendance of that district for the previous school year
23 bears to the total average daily attendance of the state during the previous
24 school year. Average daily attendance shall be calculated as provided in sec-
25 tion 33-1002 5., Idaho Code. This distribution shall be made as provided
26 herein, the provisions of chapter 35, title 67, Idaho Code, or chapter 36,
27 title 67, Idaho Code, notwithstanding.
28 (3) All payments from the school facility lottery fund shall be paid out
29 directly to the school district in warrants drawn by the state controller upon
30 presentation of proper vouchers from the state department of education. Pend-
31 ing payments out of the school facility lottery fund, moneys in the fund shall
32 be invested by the state treasurer in the same manner as provided under sec-
33 tion 67-1210, Idaho Code, with respect to other idle moneys in the state trea-
34 sury. Interest earned on the investments shall be returned to the school
35 facility lottery fund.
36 (4) Payments from the school facility lottery fund received by the school
37 district may be used by the school district for the purposes authorized in
38 section 33-1102, Idaho Code.
39 SECTION 6. That Section 33-906, Idaho Code, be, and the same is hereby
40 amended to read as follows:
41 33-906. BOND LEVY EQUALIZATION SUPPORT PROGRAM. (1) Pursuant to section
42 33-906B, Idaho Code, school districts with a value index below one (1) shall
43 be eligible to receive additional state financial assistance for the cost of
44 annual bond interest and redemption payments made on bonds. passed on or after
45 September 15, 2002. However, any school district shall receive no less than
46 ten percent (10%) of the interest cost portion of the annual bond interest and
47 redemption payment for bonds passed on or after September 15, 2002. The state
48 department of education shall disburse such funds to school districts from
49 moneys appropriated from the bond levy equalization fund. The department shall
50 disburse the funds by no later than September 1 of each year for school dis-
51 tricts in which voters have approved the issuance of qualifying bonds by no
8
1 later than January 1 of that calendar year, and which are certifying a quali-
2 fying bond interest and redemption payment for the fiscal year in which the
3 disbursement is made. For districts with a value index below one (1), the The
4 percentage of each annual bond interest and redemption payment that is paid by
5 the state shall be determined by dividing the difference between one (1) and
6 the school district's value index by one (1) provided that the state shall pay
7 for no more than the interest cost portion of the annual bond interest and
8 redemption payment, and each school district shall receive no less than ten
9 percent (10%) of the interest cost portion of the qualifying bond interest and
10 redemption payment multiplying the school district's value index by a negative
11 0.3945 and adding 0.6946 to the result, provided however, that no school dis-
12 trict shall receive less than five percent (5%).
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) The provisions of this section may not be utilized to refinance
25 existing debt or subsidize projects previously subsidized by state grants;
26 provided however, that any school district that has issued qualifying bonds
27 prior to June 30, 2004, in conformance with this section shall not be deemed
28 to be refinancing existing debt when the qualifying bonds are utilized to
29 finance the acquisition of public school facilities previously leased or
30 financed through means other than the issuance of general obligation bonds
31 approved by a two-thirds (2/3) vote sufficient majority required by the con-
32 stitution of the state of Idaho for school district indebtedness at an elec-
33 tion called for that purpose subject to subsection (5) of this section.
34 (4) School districts shall annually report the status of all qualifying
35 bonds to the state department of education by January 1 of each year, includ-
36 ing bonds approved by the voters, but not yet issued. Information submitted
37 shall include the following:
38 (a) The actual or estimated bond interest and redemption payment sched-
39 ule;
40 (b) Any qualifying bond that has been paid off;
41 (c) Other information as may be required by the state department of edu-
42 cation.
43 (5) No school district eligible for participation in the bond levy equal-
44 ization support program shall be deemed ineligible for participation due to
45 that school district's eligibility and prior participation in the safe school
46 facilities loan and grant program or the Idaho safe schools facilities program
47 under section 33-804A, 33-1017 or 33-1613, Idaho Code, provided that:
48 (a) Such school district notifies the state department of education of
49 its desire and eligibility to participate in the bond levy equalization
50 support program; and
51 (b) Such school district shall receive no state financial assistance
52 under the bond levy equalization support program until the amount to which
53 it would otherwise have been entitled to receive shall equal the amounts
54 received by the school district under the safe school facilities loan and
55 grant program or the Idaho safe schools facilities program under section
9
1 33-804A, 33-1017 or 33-1613, Idaho Code.
2 SECTION 7. That Section 33-1111, Idaho Code, be, and the same is hereby
3 amended to read as follows:
4 33-1111. SALE OF BONDS. School bonds may be sold at private sale, as pro-
5 vided in section 57-232, Idaho Code, after notice as hereinafter provided, or
6 may be sold at public sale as hereinafter provided.
7 If bonds are sold at private sale, notice of the intention to sell such
8 bonds at private sale shall be published once in the name of the issuer in a
9 newspaper of general circulation within the issuer's boundaries at least three
10 (3) days prior to the time scheduled by the issuer for approving the private
11 sale of such bonds. Failure to comply with this requirement shall not invali-
12 date the sale of the bonds, so long as the issuer has made a good faith effort
13 to comply.
14 If the bonds are sold at public sale the board of trustees shall give
15 notice of its intent to sell a bond issue.
16 The notice shall be published once in a newspaper published in this state,
17 at least one (1) week prior to the day bids are opened. Said notice shall
18 describe the issue of bonds; shall state that the board of trustees will
19 receive sealed bids until a specified day and hour; and that said bids will be
20 opened at a regular or special meeting of the board at a time and place to be
21 named in the notice. Said notice may require such deposits of forfeits as the
22 board may deem necessary.
23 At the meeting held at the time and place named in the notice, the board
24 of trustees shall open the bids, and may sell the same to whomever shall make
25 the bid most advantageous to the school district, and the deposits of the
26 unsuccessful bidders shall thereupon be returned to them. Should the success-
27 ful bidder fail or refuse to tender payment of the amount required for the
28 purchase of the issue within ten (10) days after tender to him of the executed
29 bonds and a certified copy of the bond proceedings, his deposit shall be for-
30 feited; and the board may in its judgment accept the bid next most advanta-
31 geous, readvertise the issue as before, or sell the bonds at private sale.
32 The board of trustees may reject any or all bids, and sell the bonds to
33 the Idaho state building authority or at private sale when this is found to be
34 in the best interest of the district.
35 In lieu of receiving sealed bids, the board of trustees may provide for
36 the public sale of bonds by electronic bidding as provided in section 57-233,
37 Idaho Code.
38 No school bond shall at any time be sold at less than its par value.
39 SECTION 8. That Section 63-3638, Idaho Code, be, and the same is hereby
40 amended to read as follows:
41 63-3638. SALES TAX -- DISTRIBUTION. All moneys collected under this chap-
42 ter, except as may otherwise be required in sections 63-3203 and 63-3709,
43 Idaho Code, shall be distributed by the tax commission as follows:
44 (1) An amount of money shall be distributed to the state refund account
45 sufficient to pay current refund claims. All refunds authorized under this
46 chapter by the commission shall be paid through the state refund account, and
47 those moneys are continuously appropriated.
48 (2) Five million dollars ($5,000,000) per year is continuously appropri-
49 ated and shall be distributed to the permanent building fund, provided by sec-
50 tion 57-1108, Idaho Code.
51 (3) Four million eight hundred thousand dollars ($4,800,000) per year is
10
1 continuously appropriated and shall be distributed to the water pollution con-
2 trol account established by section 39-3605, Idaho Code.
3 (4) An amount equal to the sum required to be certified by the chairman
4 of the Idaho housing and finance association to the state tax commission pur-
5 suant to section 67-6211, Idaho Code, in each year is continuously appropri-
6 ated and shall be paid to any capital reserve fund, established by the Idaho
7 housing and finance association pursuant to section 67-6211, Idaho Code. Such
8 amounts, if any, as may be appropriated hereunder to the capital reserve fund
9 of the Idaho housing and finance association shall be repaid for distribution
10 under the provisions of this section, subject to the provisions of section
11 67-6215, Idaho Code, by the Idaho housing and finance association, as soon as
12 possible, from any moneys available therefor and in excess of the amounts
13 which the association determines will keep it self-supporting.
14 (5) An amount equal to the sum required by the provisions of section
15 63-709, Idaho Code, is continuously appropriated and shall be paid as provided
16 by section 63-709, Idaho Code.
17 (6) An amount required by the provisions of chapter 53, title 33, Idaho
18 Code.
19 (7) An amount required by the provisions of chapter 87, title 67, Idaho
20 Code.
21 (8) One dollar ($1.00) on each application for certificate of title or
22 initial application for registration of a motor vehicle, snowmobile, all-
23 terrain vehicle or other vehicle processed by the county assessor or the Idaho
24 transportation department excepting those applications in which any sales or
25 use taxes due have been previously collected by a retailer, shall be a fee for
26 the services of the assessor of the county or the Idaho transportation depart-
27 ment in collecting such taxes, and shall be paid into the current expense fund
28 of the county or state highway account established in section 40-702, Idaho
29 Code.
30 (9) Thirteen and three-quarters percent (13.75%) is continuously appro-
31 priated and shall be distributed to the revenue sharing account which is cre-
32 ated in the state treasury, and the moneys in the revenue sharing account will
33 be paid in installments each calendar quarter by the tax commission as fol-
34 lows:
35 (a) Twenty-eight and two-tenths percent (28.2%) shall be paid to the var-
36 ious cities as follows:
37 (i) Fifty percent (50%) of such amount shall be paid to the various
38 cities, and each city shall be entitled to an amount in the propor-
39 tion that the population of that city bears to the population of all
40 cities within the state; and
41 (ii) Fifty percent (50%) of such amount shall be paid to the various
42 cities, and each city shall be entitled to an amount in the propor-
43 tion that the preceding year's market value for assessment purposes
44 for that city bears to the preceding year's market value for assess-
45 ment purposes for all cities within the state.
46 (b) Twenty-eight and two-tenths percent (28.2%) shall be paid to the var-
47 ious counties as follows:
48 (i) One million three hundred twenty thousand dollars ($1,320,000)
49 annually shall be distributed one forty-fourth (1/44) to each of the
50 various counties; and
51 (ii) The balance of such amount shall be paid to the various coun-
52 ties, and each county shall be entitled to an amount in the propor-
53 tion that the population of that county bears to the population of
54 the state;
55 (c) Thirty-five and nine-tenths percent (35.9%) of the amount appropri-
11
1 ated in this subsection (9) shall be paid to the several counties for dis-
2 tribution to the cities and counties as follows:
3 (i) Each city and county which received a payment under the provi-
4 sions of section 63-3638(e), Idaho Code, during the fourth quarter
5 of calendar year 1999, shall be entitled to a like amount during suc-
6 ceeding calendar quarters.
7 (ii) If the dollar amount of money available under this subsection
8 (9)(c) in any quarter does not equal the amount paid in the fourth
9 quarter of calendar year 1999, each city's and county's payment shall
10 be reduced proportionately.
11 (iii) If the dollar amount of money available under this subsection
12 (9)(c) in any quarter exceeds the amount paid in the fourth quarter
13 of calendar year 1999, each city and county shall be entitled to a
14 proportionately increased payment, but such increase shall not exceed
15 one hundred five percent (105%) of the total payment made in the
16 fourth quarter of calendar year 1999.
17 (iv) If the dollar amount of money available under this subsection
18 (9)(c) in any quarter exceeds one hundred five percent (105%) of the
19 total payment made in the fourth quarter of calendar year 1999, any
20 amount over and above such one hundred five percent (105%) shall be
21 paid fifty percent (50%) to the various cities in the proportion that
22 the population of the city bears to the population of all cities
23 within the state, and fifty percent (50%) to the various counties in
24 the proportion that the population of a county bears to the popula-
25 tion of the state; and
26 (d) Seven and seven-tenths percent (7.7%) of the amount appropriated in
27 this subsection (9) shall be paid to the several counties for distribution
28 to special purpose taxing districts as follows:
29 (i) Each such district which received a payment under the provi-
30 sions of section 63-3638(e), Idaho Code, during the fourth quarter of
31 calendar year 1999, shall be entitled to a like amount during suc-
32 ceeding calendar quarters.
33 (ii) If the dollar amount of money available under this subsection
34 (9)(d) in any quarter does not equal the amount paid in the fourth
35 quarter of calendar year 1999, each special purpose taxing district's
36 payment shall be reduced proportionately.
37 (iii) If the dollar amount of money available under this subsection
38 (9)(d) in any quarter exceeds the amount distributed under paragraph
39 (i) of this subsection (9)(d), each special purpose taxing district
40 shall be entitled to a share of the excess based on the proportion
41 each such district's current property tax budget bears to the sum of
42 the current property tax budgets of all such districts in the state.
43 The state tax commission shall calculate district current property
44 tax budgets to include any unrecovered foregone amounts as determined
45 under section 63-802(1)(e), Idaho Code. When a special purpose taxing
46 district is situated in more than one (1) county, the tax commission
47 shall determine the portion attributable to the special purpose tax-
48 ing district from each county in which it is situated.
49 (iv) If special purpose taxing districts are consolidated, the
50 resulting district is entitled to a base amount equal to the sum of
51 the base amounts which were received in the last calendar quarter by
52 each district prior to the consolidation.
53 (v) If a special purpose taxing district is dissolved or
54 disincorporated, the state tax commission shall continuously distrib-
55 ute to the board of county commissioners an amount equal to the last
12
1 quarter's distribution prior to dissolution or disincorporation. The
2 board of county commissioners shall determine any redistribution of
3 moneys so received.
4 (vi) Taxing districts formed after January 1, 2001, are not entitled
5 to a payment under the provisions of this subsection (9)(d).
6 (vii) For purposes of this subsection (9)(d), a special purpose tax-
7 ing district is any taxing district which is not a city, a county or
8 a school district.
9 (10) Amounts calculated in accordance with section 2, chapter 356, Laws of
10 2001, for annual distribution to counties and other taxing districts beginning
11 in October 2001 for replacement of property tax on farm machinery and equip-
12 ment exempted pursuant to section 63-602EE, Idaho Code. For nonschool dis-
13 tricts, the state tax commission shall distribute one-fourth (1/4) of this
14 amount certified quarterly to each county. For school districts, the state tax
15 commission shall distribute one-fourth (1/4) of the amount certified quarterly
16 to each school district. For nonschool districts, the county auditor shall
17 distribute to each district within thirty (30) calendar days from receipt of
18 moneys from the tax commission. Moneys received by each taxing district for
19 replacement shall be utilized in the same manner and in the same proportions
20 as revenues from property taxation. The moneys remitted to the county trea-
21 surer for replacement of property exempt from taxation pursuant to section
22 63-602EE, Idaho Code, may be considered by the counties and other taxing dis-
23 tricts and budgeted at the same time, in the same manner and in the same year
24 as revenues from taxation on personal property which these moneys replace. If
25 taxing districts are consolidated, the resulting district is entitled to an
26 amount equal to the sum of the amounts which were received in the last calen-
27 dar quarter by each district pursuant to this subsection prior to the consoli-
28 dation. If a taxing district is dissolved or disincorporated, the state tax
29 commission shall continuously distribute to the board of county commissioners
30 an amount equal to the last quarter's distribution prior to dissolution or
31 disincorporation. The board of county commissioners shall determine any redis-
32 tribution of moneys so received. If a taxing district annexes territory, the
33 distribution of moneys received pursuant to this subsection shall be unaf-
34 fected. Taxing districts formed after January 1, 2001, are not entitled to a
35 payment under the provisions of this subsection. School districts shall
36 receive an amount determined by multiplying the sum of the year 2000 school
37 district levy plus .001 times the market value on December 31, 2000, in the
38 district of the property exempt from taxation pursuant to section 63-602EE,
39 Idaho Code. For school districts, beginning January 1, 2002, only the portion
40 of property tax replacement received to replace property exempt from taxation
41 pursuant to section 63-602EE, Idaho Code, based on the tax year 2000 tax
42 charges for maintenance and operation as limited by sections 33-802 2. and
43 33-1002D, Idaho Code, shall not be subtracted from the maximum school district
44 maintenance and operation property taxes permitted in accordance with section
45 33-802 2., Idaho Code. For purposes of the limitation provided by section
46 63-802, Idaho Code, moneys received pursuant to this section as property tax
47 replacement for property exempt from taxation pursuant to section 63-602EE,
48 Idaho Code, shall be treated as property tax revenues.
49 (11) Five percent (5%) is hereby appropriated to the school district
50 building account created in section 33-905, Idaho Code, to be expended for the
51 purposes of the fund.
52 (12) Any moneys remaining over and above those necessary to meet and
53 reserve for payments under other subsections of this section shall be distrib-
54 uted to the general fund.
13
1 SECTION 9. That Section 67-6402, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 67-6402. DEFINITIONS. As used in this chapter the following words and
4 terms have the following meanings, unless a different meaning clearly appears
5 from the context:
6 (a) "Authority" means the Idaho state building authority created and
7 established pursuant to section 67-6403, Idaho Code.
8 (b) "Bonds," "notes" or "bond anticipation notes" and "other obligations"
9 mean any bonds, notes, debentures, interim certificates or other evidences of
10 financial indebtedness, respectively, issued by the state building authority
11 pursuant to this chapter.
12 (c) "Community college district" means any community college district
13 organized and existing under chapter 21, title 33, Idaho Code.
14 (d) "Federal government" means the United States of America, or any
15 agency or instrumentality, corporate or otherwise of the United States of
16 America.
17 (e) "Facility" means any work or undertaking, whether new construction or
18 rehabilitation, which is designed and financed pursuant to the provisions of
19 this act and designed for use as an office building, laboratory, library, din-
20 ing room, school building or other instructional facility, motor vehicle park-
21 ing, storage or service facility or for any other use by any state body,
22 school district or community college district and all other real or personal
23 properties which are necessary, convenient, or desirable appurtenances, such
24 as but not limited to streets, sewers, utilities, parks, site preparation,
25 landscaping, and such equipment which may be necessary to constitute a fully
26 equipped and modern building as the authority determines to be necessary or
27 convenient to accomplish the purposes of this act.
28 (f) "Municipality" means any city, municipal corporation, or other polit-
29 ical subdivision of this state.
30 (g) "Real property" means all lands, including improvements and fixtures
31 thereon, and property of any nature appurtenant thereto, or used in connection
32 therewith, and every estate, interest and right, legal or equitable, therein,
33 including terms of years and liens by way of judgment, mortgage or otherwise
34 and the indebtedness secured by such liens.
35 (h) "State" means the state of Idaho.
36 (i) "State body" means any department, board, commission, or agency of
37 the state of Idaho or any school district in the state.
38 SECTION 10. That Section 67-6404, Idaho Code, be, and the same is hereby
39 amended to read as follows:
40 67-6404. DECLARATION OF POLICY. It is hereby declared:
41 (a) the functions of government have multiplied many times since the
42 admission of the state of Idaho into the union in 1890;
43 (b) in view of the many increased functions of government, it is neces-
44 sary that proper provision of office space and related facilities for the many
45 departments, agencies and commissions of state government and its instrumen-
46 talities be provided; many such state governmental bodies are inadequately
47 provided with the necessary office space and related facilities;
48 (c) it is to the economic benefit of the citizens of the state of Idaho
49 to provide sufficient office space and the necessary related facilities for
50 such state governmental bodies and thus provide a more efficient and more eco-
51 nomical operation of state government.
52 It is further declared that in order to provide for a fully adequate sup-
14
1 ply of governmental facilities at costs that state government can afford, the
2 legislature finds it necessary to create and establish a state building
3 authority for the purpose of constructing and operating such facilities to
4 meet the needs of the state government.
5 It is hereby further declared to be necessary and in the public interest
6 that such state building authority provide for predevelopment costs, temporary
7 financing, land development expenses, construction and operation of governmen-
8 tal facilities for rental to state government.
9 It is hereby further declared that it is in the public interest and a ben-
10 efit to the citizens of the state that adequate school buildings and other
11 instructional facilities necessary for educational purposes, authorized by the
12 board of trustees of a school district and funded as provided by law through
13 an election or otherwise, and authorized by the Idaho department of education
14 for funding as provided in section 33-905, Idaho Code, are provided to the
15 citizens in the most timely and cost-efficient manner.
16 It is hereby further declared that the foregoing are public purposes and
17 uses for which public moneys may be borrowed, expended, advanced, loaned, or
18 granted, and that such activities serve a public purpose in improving or
19 otherwise benefiting the people of this state; that the necessity of enacting
20 the provisions hereinafter set forth is in the public interest and is hereby
21 so declared as a matter of express legislative determination.
22 SECTION 11. That Section 67-6409, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 67-6409. GENERAL POWERS OF THE AUTHORITY. The authority is hereby
25 granted, has and may exercise all powers necessary or appropriate to carry out
26 and effectuate its corporate purposes, including, without limitation, the fol-
27 lowing:
28 (a) sue and be sued in its own name;
29 (b) have an official seal and to alter the same at pleasure;
30 (c) have perpetual succession;
31 (d) maintain an office at such place or places within this state as it
32 may designate;
33 (e) adopt and from time to time amend and repeal bylaws and rules, and
34 regulations, not inconsistent with this chapter, to carry into effect the
35 powers and purposes of the authority and the conduct of its business;
36 (f) make and execute contracts and all other instruments necessary or
37 convenient for the exercise of its powers and functions;
38 (g) acquire real or personal property, or any interest therein, on either
39 a temporary or long-term basis in the name of the authority by gift, purchase,
40 transfer, foreclosure, lease or otherwise including rights or easements; hold,
41 sell, assign, lease, encumber, mortgage or otherwise dispose of any real or
42 personal property, or any interest therein, or mortgage interest owned by it
43 or under its control, custody or in its possession and release or relinquish
44 any right, title, claim, lien, interest, easement or demand however acquired,
45 including any equity or right of redemption in property foreclosed by it and
46 to do any of the foregoing by public sale, with such public bidding as shall
47 be required by the provisions of any other law;
48 (h) to lease or rent any lands, buildings, structures, facilities or
49 equipment from private parties to effectuate the purposes of this act;
50 (i) to enter into agreements or other transactions with and accept grants
51 and the cooperation of the United States or any agency thereof or of the state
52 of Idaho or any agency or governmental subdivision thereof in furtherance of
53 the purposes of this act, including, but not limited to, the development,
15
1 maintenance, operation and financing of any facility and to do any and all
2 things necessary in order to avail itself of such aid and cooperation;
3 (j) to receive and accept aid or contributions from any source of money,
4 property, labor or other things of value, to be held, used and applied to
5 carry out the purposes of this act subject to such conditions upon which such
6 grants and contributions may be made, including, but not limited to, gifts or
7 grants from any department or agency of the United States or this state or any
8 community college district for any purpose consistent with this act;
9 (k) to employ architects, engineers, attorneys, accountants, building
10 construction and financial experts and such other advisors, consultants and
11 agents as may be necessary in its judgment and to fix their compensation;
12 (l) to procure insurance against any loss in connection with its property
13 and other assets in such amounts and from such insurers as it deems desirable;
14 (m) to invest any funds not needed for immediate use or disbursement,
15 including any funds held in reserve, in:
16 (1) bonds, notes and other obligations of the United States or any agency
17 or instrumentality thereof and other securities secured by such bonds,
18 notes or other obligation;
19 (2) money market funds which are insured or the assets of which are lim-
20 ited to obligations of the United States or any agency or instrumentality
21 thereof;
22 (3) time certificates of deposit and savings accounts;
23 (4) commercial paper which, at the time of its purchase, is rated in the
24 highest category by a nationally recognized rating service; and
25 (5) property or securities in which the state treasurer may invest funds
26 in the state treasury pursuant to section 67-1210, Idaho Code.
27 (n) to borrow money and issue bonds and notes or other evidences of
28 indebtedness thereof as hereinafter provided;
29 (o) to the extent permitted under its contract with the holders of bonds,
30 notes and other obligations of the authority to consent to any modification of
31 any contract, lease or agreement of any kind to which the authority is a
32 party;
33 (p) to manage or operate real and personal property, in the state, take
34 assignments of leases and rentals, proceed with foreclosure actions, or take
35 any other action necessary or incidental to the performance of its corporate
36 duties;
37 (q) to make and enter into all contracts and agreements necessary or
38 incidental to the performance of its duties and the execution of its powers
39 under this chapter;
40 (r) to plan, carry out, acquire, lease and operate facilities and to pro-
41 vide for the construction, reconstruction, improvement, alteration or repair
42 of any facility or part thereof;
43 (s) to sell, lease, rent or sublease to any state body or community col-
44 lege district, any facility or any space embraced in any facility constructed
45 or leased under this act, to establish and revise the rents or charges there-
46 for and to do any other acts necessary to the management and operation of its
47 facilities;
48 (t) to purchase bonds, notes and other obligations of any school district
49 of the state of Idaho;
50 (u) to convey, with or without consideration, any real or personal prop-
51 erty to any state body or school district; and
52 (v) to assist each school district to determine the value of all build-
53 ings owned by the district. Each school district shall inventory repair and
54 maintenance needs, determine the costs involved, and calculate a facilities
55 condition index which shall be the cost of repairs divided by value. A facili-
16
1 ties conditions index in excess of one-tenth (0.1) is excessive and does not
2 reflect a healthy building.
3 (w) to do any act necessary or convenient to the exercise of the powers
4 herein granted or reasonably implied therefrom.
5 SECTION 12. That Section 67-6410, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 67-6410. PROCEDURE PRIOR TO FINANCING BUILDING DEVELOPMENTS OR BUILDING
8 PROJECTS. (1) Notwithstanding any other provision of this act, the authority
9 is not empowered to finance any facility pursuant to section 67-6409, Idaho
10 Code, unless:
11 (a) Prior approval by the legislature has been given by concurrent reso-
12 lution authorizing a state body or community college district to have the
13 authority provide a specific facility;
14 (b) A state body or community college district has entered into an agree-
15 ment with the authority for the authority to provide a facility; and
16 (c) The authority finds that the building development or building project
17 to be assisted pursuant to the provisions of this act, will be of public
18 use and will provide a public benefit.
19 (2) Prior approval by the legislature pursuant to subsection (1)(a) of
20 this section is not required where the facility is a school building or
21 related education facility, to be financed by the authority, after approval by
22 the state department of education and the board of trustees of the school dis-
23 trict as provided in section 33-905, Idaho Code.
24 SECTION 13. That Section 67-7434, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 67-7434. LOTTERY DIVIDENDS. Annually, on July 1, the lottery shall trans-
27 fer one-half (1/2) of its net income to the permanent building account fund
28 and one-half (1/2) of its net income to the school district building account
29 facility lottery fund created in section 33-905A, Idaho Code, after reserving
30 sufficient moneys to ensure the continuation of the lottery, as determined by
31 the director and commission.
32 A one (1) time allotment of two hundred thousand dollars ($200,000) of the
33 lottery's first year dividends shall be allocated and used by the permanent
34 building fund advisory council for the construction of a Vietnam veterans
35 memorial in the state.
36 SECTION 14. That Chapter 80, Title 39, Idaho Code, be, and the same is
37 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
38 ignated as Section 39-8006A, Idaho Code, and to read as follows:
39 39-8006A. BEST PRACTICES MAINTENANCE PLAN FOR SCHOOL BUILDINGS -- SURVEY
40 OF SCHOOLS FOR BUILDING SAFETY PURPOSES. (1) The administrator of the division
41 of building safety and the state department of education shall consult and
42 shall draft a best practices maintenance plan for school buildings which shall
43 be supplied to the superintendent of each school district. Based upon the best
44 practices maintenance plan, each school district shall develop a ten (10) year
45 plan and submit it to the state department of education for approval.
46 (2) Upon approval of a school district plan pursuant to this subsection,
47 the state department of education shall forward annually to the school dis-
48 trict, an amount equal to one percent (1%) of the replacement value of
49 district-owned school buildings from the school district building account pur-
17
1 suant to section 33-905, Idaho Code. Annually thereafter the school district
2 shall submit a report to the state department of education detailing the work
3 completed pursuant to the maintenance plan and any revisions to that plan.
4 That district shall also revise the value of buildings, recalculate and submit
5 the value of its facilities condition index as enumerated in sections 33-901
6 and 67-6409, Idaho Code.
7 (3) The division of building safety shall annually survey school dis-
8 tricts to designate those schools where students are at risk due to unsafe
9 conditions, and forward that information to the state department of education.
10 The state department of education shall notify each school district of the
11 percentage of state support available pursuant to sections 33-905 and 33-906,
12 Idaho Code, for construction and repairs to eliminate unsafe conditions.
13 (4) If a school district is not able to fund the necessary remediation,
14 the state department of education shall take immediate steps to bring about
15 the appropriate remedy using moneys in the school district building account.
16 The district will be given an appropriate schedule of payments to repay the
17 account for the portion that is the district's responsibility. Should any dis-
18 trict default on a yearly payment, the state department of education shall
19 take immediate action with the district to bring about resolution of the
20 unpaid amount. Any amount unpaid after notice is given to the school district
21 by the department of education that it is unpaid shall bear interest at the
22 rate of twelve percent (12%) per annum.
23 (5) Each school district shall submit its building plan to the department
24 of education along with an assessment of building costs. The department of
25 education may modify the plan. The district shall be notified if any aspects
26 of the approved plan are outside of the parameters for state support. The dis-
27 trict shall also be notified of the percentage of state assistance that will
28 be provided.
29 SECTION 15. There is hereby appropriated from the general fund,
30 $35,000,000 to be deposited in the School District Building Account pursuant
31 to Section 33-905, Idaho Code.
32 SECTION 16. SEVERABILITY. The provisions of this act are hereby declared
33 to be severable and if any provision of this act or the application of such
34 provision to any person or circumstance is declared invalid for any reason,
35 such declaration shall not affect the validity of the remaining portions of
36 this act.
STATEMENT OF PURPOSE
RS 16070
This legislation provides a mechanism for the State to provide
partial support for the maintenance of school buildings and to
allow for bonding for new school construction through the State
Building Authority. It establishes a school facilities fund. In
addition it provides for the state to participate in the
redemption of new and existing school facility bonds on a sliding
scale. It also establishes a process to assist in repair of
unsafe school facilities.
FISCAL IMPACT
$35,000,000 from current funds for a repair fund for safe
schools, and 5% of sales tax revenue allocated on an ongoing
basis to the school facility fund for bond redemption and the
state share of maintenance expense.
Contact
Name: Representative John Rusche
Phone: 332-1000
Representative Shirley Ringo
STATEMENT OF PURPOSE/FISCAL NOTE H 691