S1404aa....................................................by STATE AFFAIRS SCHOOL BONDS - Amends existing law relating to school bonds to provide that all property exempt from taxation pursuant to Section 63-602G, Idaho Code, be included within the definition of "market value for assessment purposes." 02/15 Senate intro - 1st rdg - to printing 02/16 Rpt prt - to Educ 02/28 Rpt out - rec d/p - to 2nd rdg 03/01 2nd rdg - to 3rd rdg 03/06 3rd rdg - PASSED - 24-8-3 AYES -- Andreason, Broadsword, Bunderson, Burkett, Cameron, Coiner, Compton, Corder, Darrington, Gannon, Goedde, Hill, Kelly, Keough, Langhorst, Little, Lodge, Marley, McGee, McKenzie, Schroeder, Stegner, Werk, Williams NAYS -- Brandt, Burtenshaw, Fulcher, Geddes, Jorgenson, Pearce, Richardson, Sweet Absent and excused -- Davis, Malepeai, Stennett Floor Sponsor - Little Title apvd - to House 03/07 House intro - 1st rdg - to St Aff 03/28 Rpt out - rec d/p - Held at Desk 04/10 Ref'd to Gen Ord Rpt out amen - to 1st rdg as amen 1st rdg - to 2nd rdg as amen Rls susp - PASSED - 53-16-1 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Brackett, Bradford, Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henderson, Lake, Loertscher, Mathews, McGeachin, McKague, Moyle, Nielsen, Nonini, Raybould, Ring, Roberts, Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(24), Stevenson, Wills, Wood, Mr. Speaker NAYS -- Boe, Edmunson, Henbest, Jaquet, Kemp, LeFavour, Martinez, Miller, Mitchell, Pasley-Stuart, Pence, Ringo, Rusche, Smith(30), Smylie, Snodgrass Absent and excused -- Trail Floor Sponsors - Roberts & Bolz Title apvd - to Senate 04/11 Senate did not concur in House amens Filed in Office of the Secretary of Senate
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006 IN THE SENATE SENATE BILL NO. 1404 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO SCHOOL BONDS; AMENDING SECTION 33-1103, IDAHO CODE, TO PROVIDE 3 THAT ALL PROPERTY EXEMPT FROM TAXATION PURSUANT TO SECTION 63-602G, IDAHO 4 CODE, BE INCLUDED WITHIN THE DEFINITION OF "MARKET VALUE FOR ASSESSMENT 5 PURPOSES"; AND DECLARING AN EMERGENCY. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 33-1103, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 33-1103. DEFINITIONS -- BONDS -- LIMITATION ON AMOUNT -- ELECTIONS TO AU- 10 THORIZE ISSUANCE. For the purposes of this chapter the following definitions 11 shall have the meanings specified: "Market value for assessment purposes" 12 means the amount of the last preceding equalized assessment of all taxable 13 property and all property exempt from taxation pursuant to section 63-602G, 14 Idaho Code, within the school district on the tax rolls completed and avail- 15 able as of the date of approval by the electorate in the school bond election. 16 "Aggregate outstanding indebtedness" means the total sum of unredeemed out- 17 standing bonds, minus all moneys in the bond interest and redemption fund or 18 funds accumulated for the redemption of such outstanding bonds, and minus the 19 sum of all taxes levied for the redemption of such bonds, with the exception 20 of that portion of such tax levies required for the payment of interest on 21 bonds, which taxes remain uncollected. "Issue," "issued," or "issuance" means 22 a formal delivery of bonds to any purchaser thereof and payment therefor to 23 the school district. 24 The board of trustees of any school district, upon approval of a majority 25 thereof, may submit to the qualified school district electors of the district 26 the question as to whether the board shall be empowered to issue negotiable 27 coupon bonds of the district in an amount and for a period of time to be named 28 in the notice of election. 29 An elementary school district which employs not less than six (6) teach- 30 ers, or a school district operating an elementary school or schools, and a 31 secondary school or schools, or issuing bonds for the acquisition of a second- 32 ary school or schools, may issue bonds in an amount not to exceed five percent 33 (5%) of the market value for assessment purposes thereof, less the aggregate 34 outstanding indebtedness; and no other school district shall issue bonds in an 35 amount to exceed at any time two percent (2%) of the market value for assess- 36 ment purposes thereof less the aggregate outstanding indebtedness. The market 37 value for assessment purposes, the aggregate outstanding indebtedness and the 38 unexhausted debt-incurring power of the district shall each be determined as 39 of the date of approval by the electors in the school bond election. 40 Notice of the bond election shall be given, the election shall be con- 41 ducted and the returns thereof canvassed, and the qualifications of electors 42 voting or offering to vote shall be, as provided in sections 33-401 through 43 33-406, Idaho Code. 2 1 The question shall be approved only if the percentage of votes cast at 2 such election were cast in favor thereof is that which now, or may hereafter 3 be, set by the constitution of the state of Idaho. Upon such approval of the 4 issuance of bonds, the same may be issued at any time after the date of such 5 election. 6 SECTION 2. An emergency existing therefor, which emergency is hereby 7 declared to exist, this act shall be in full force and effect on and after its 8 passage and approval.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006 Moved by Roberts Seconded by Crow IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO S.B. NO. 1404 1 AMENDMENT TO THE BILL 2 On page 2 of the printed bill, delete lines 6 through 8 and insert: 3 "SECTION 2. That Section 33-802, Idaho Code, be, and the same is hereby 4 amended to read as follows: 5 33-802. SCHOOL LEVIES. Any tax levied for school purposes shall be a lien 6 on the property against which the tax is levied. The board of trustees shall 7 determine the levies upon each dollar of taxable property in the district for 8 the ensuing fiscal year as follows: 9 1. Bond, Interest and Judgment Obligation Levies. Such levies as shall be 10 required to satisfy all maturing bond, bond interest, and judgment obliga- 11 tions. 12 2. Maximum School Maintenance and Operation Levies. Such levies for main- 13 taining and operating the schools of the district and for the payment of 14 tuition and transportation, that do not exceed an amount equal to four-tenths15 of one percent (.4%) during tax year 1994, and do not exceed an amount equal16 to three-tenthsfifteen-hundredths of one percent (. 315%) during tax year 199517 2006 and thereafter, applied to the actual or adjusted market value for 18 assessment purposes of the district as such valuation existed on December 31 19 of the previous year, but allowances necessary as a credit for prepaid taxes, 20 as provided in section 63-1607, Idaho Code, shall not be included in such max- 21 imum levies. Provided however, that in the event property within a district's 22 boundaries is contained in a revenue allocation area established under chapter 23 29, title 50, Idaho Code, and such revenue allocation area has given notice of 24 termination thereunder, then, only for the purpose of determining the levy 25 described in this subsection, the district may add the increment value, as 26 defined in section 50-2903, Idaho Code, to the actual or adjusted market value 27 for assessment purposes of the district as such value existed on December 31 28 of the previous year. For tax year 2007 and thereafter, the levy rate limita- 29 tion of this subsection 2. shall be modified as follows: 30 (a) Multiply the amount of money raised statewide in the prior year pur- 31 suant to this section by one and three-hundredths (1.03); 32 (b) Subtract the value of any increase in statewide market value for 33 assessment purposes resulting from new construction or change of land use 34 classification as evidenced by the value shown on the new construction 35 roll compiled pursuant to section 63-301A, Idaho Code, from the actual or 36 adjusted statewide market value as such valuation existed on December 31 37 of the previous year; 38 (c) Divide the amount in subsection 2.(a) of this section by the amount 39 in subsection 2.(b) of this section; 40 (d) Reduce the rate resulting from the calculation in subsection 2.(c) of 41 this section by an amount equal to the moneys appropriated pursuant to 42 section 33-1002D, Idaho Code. 2 1 3. Authorized School Maintenance and Operation Levies. Such levies for 2 maintaining and operating the schools of the district and for the payment of 3 tuition and transportation that do not exceed one hundred eleven percent 4 (111%) of the local district's contribution authorized in subsection 2. of 5 section 33-1002, Idaho Code. Implementation of the provisions of this subsec- 6 tion shall be authorized only after approval by a majority of the district's 7 electors voting on the question. Levies otherwise authorized by law shall not 8 require an election. 9 4. Supplemental Maintenance and Operation Levies. No levy in excess of 10 the levy permitted by subsection 2. or 3. of this section shall be made by a 11 noncharter school district unless such a supplemental levy in a specified 12 amount and for a specified time not to exceed two (2) years be first autho- 13 rized through an election held pursuant to chapter 4, title 33, Idaho Code, 14 and approved by a majority of the district electors voting in such election. A 15 levy approved pursuant to this subsection may be reduced by a majority vote of 16 the board of trustees in the second year. 17 5. Charter District Supplemental Maintenance and Operation. Levies pursu- 18 ant to the respective charter of any such charter district shall be first 19 authorized through an election held pursuant to chapter 4, title 33, Idaho 20 Code, and approved by a majority of the district electors voting in such elec- 21 tion. 22 6. The Local District Contribution. The local school district contribu- 23 tion levy is the amount utilized for calculating local district participation 24 in the educational foundation program, which is applied to the adjusted market 25 value for assessment purposes, as such valuation existed on December 31 of the 26 previous year, together with the increment value, as defined in section 27 50-2903, Idaho Code, if applicable under the circumstance described in subsec- 28 tion 2. of this section, relating to termination of a revenue allocation area. 29 7. The board of trustees of any school district that has, for at least 30 seven (7) consecutive years, been authorized through an election held pursuant 31 to chapter 4, title 33, Idaho Code, to certify a supplemental levy that has 32 annually been equal to or greater than twenty percent (20%) of the total gen- 33 eral maintenance and operation fund, may submit the question of an indefinite 34 term supplemental levy to the electors of the school district. Such question 35 shall clearly state the dollar amount that will be certified annually and that 36 the levy will be for an indefinite number of years. The question must be 37 approved by a majority of the district electors voting on the question in an 38 election held pursuant to chapter 4, title 33, Idaho Code. The levy approved 39 pursuant to this subsection may be reduced by a majority vote of the board of 40 trustees during any fiscal year. 41 8. School districts not receiving state equalization funds in fiscal year 42 2006 may authorize a budget stabilization levy for fiscal years 2007 through 43 2011. Such levies shall not exceed the following amount: 44 (a) The amount of money the school district received from its maintenance 45 and operation levy and state property tax replacments fund in fiscal year 46 2006; minus 47 (b) The amount of money the school district will receive from its mainte- 48 nance and operation levy and state property tax replacement funds in fis- 49 cal year 2007, and the amount of equalized state funds that the state 50 department of education estimates the school district will receive in fis- 51 cal year 2007. 52 SECTION 3. That Section 33-1002, Idaho Code, be, and the same is hereby 53 amended to read as follows: 3 1 33-1002. EDUCATIONAL SUPPORT PROGRAM. The educational support program is 2 calculated as follows: 3 1. State Educational Support Funds. Add the state appropriation, includ- 4 ing the moneys available in the public school income fund, together with all 5 miscellaneous revenues to determine the total state funds. 6 2. From the total state funds subtract the following amounts needed for 7 state support of special programs provided by a school district: 8 a. Pupil tuition-equivalency allowances as provided in section 33-1002B, 9 Idaho Code; 10 b. Transportation support program as provided in section 33-1006, Idaho 11 Code; 12 c. Feasibility studies allowance as provided in section 33-1007A, Idaho 13 Code; 14 d. The approved costs for border district allowance, provided in section 15 33-1403, Idaho Code, as determined by the state superintendent of public 16 instruction; 17 e. The approved costs for exceptional child approved contract allowance, 18 provided in subsection 2. of section 33-2004, Idaho Code, as determined by 19 the state superintendent of public instruction; 20 f. Certain expectant and delivered mothers allowance as provided in sec- 21 tion 33-2006, Idaho Code; 22 g. Salary-based apportionment calculated as provided in sections 33-1004 23 through 33-1004F, Idaho Code; 24 h. Unemployment insurance benefit payments according to the provisions of 25 section 72-1349A, Idaho Code; 26 i. For expenditure as provided by the public school technology program; 27 j. For the support of provisions that provide a safe environment condu- 28 cive to student learning and maintain classroom discipline, an allocation 29 of $300 per support unit; and 30 k. Any additional amounts as required by statute to effect administrative 31 adjustments or as specifically required by the provisions of any bill of 32 appropriation; 33 to secure the state educational support funds. 34 3. Local Districts' Contribution Calculation. Without including any 35 allowance as a credit for prepaid taxes as provided by section 63-1607, Idaho 36 Code, the local districts' contribution shall be the amount appropriated pur-37 suant to section 33-1002D, Idaho Code, plus three-tenths percent (.3%) during38 fiscal year 2003-04 and each year thereafter,a percentage of the total state 39 adjusted market value for assessment purposes for the previous year with such 40 percentage being determined pursuant to section 33-802, Idaho Code, and with 41 such value being determined by the provisions of section 63-315, Idaho Code, 42 with such value being multiplied by the percentage calculated in section 43 33-802 2.(a), (b), (c) and (d), Idaho Code, and four-tenths percent (.4%) dur- 44 ing fiscal year 1994-95 and each year thereafter, of the cooperative electri- 45 cal associations' property values that have been derived from the taxes paid 46 in lieu of ad valoremproperty taxes for the previous year as provided in sec- 47 tion 63-3502, Idaho Code. In order to receive state funds, pursuant to this 48 section, a charter district shall utilize a school maintenance and operation 49 property tax levy, for the purposes of calculating the moneys to be raised, 50 that is no greater than that which it levied in tax year 1994, less the dif- 51 ference between the maximum levy rate permitted by section 33-802, Idaho Code, 52 and four-tenths of one percent (.4%). 53 4. Educational Support Program Distribution Funds. Add the local dis- 54 tricts' contribution, subsection 3. of this section, and the state educational 55 support program funds, subsection 1. of this section, together to secure the 4 1 total educational support program distribution funds. 2 5. Average Daily Attendance. The total state average daily attendance 3 shall be the sum of the average daily attendance of all of the school dis- 4 tricts of the state. The state board of education shall establish rules set- 5 ting forth the procedure to determine average daily attendance and the time 6 for, and method of, submission of such report. Average daily attendance calcu- 7 lation shall be carried out to the nearest hundredth. Computation of average 8 daily attendance shall also be governed by the provisions of section 33-1003A, 9 Idaho Code. 10 6. Support Units. The total state support units shall be determined by 11 using the tables set out hereafter called computation of kindergarten support 12 units, computation of elementary support units, computation of secondary sup- 13 port units, computation of exceptional education support units, and computa- 14 tion of alternative school secondary support units. The sum of all of the 15 total support units of all school districts of the state shall be the total 16 state support units. 17 COMPUTATION OF KINDERGARTEN SUPPORT UNITS 18 Average Daily 19 Attendance Attendance Divisor Units Allowed 20 41 or more .... 40....................... 1 or more as computed 21 31 - 40.99 ADA.... -....................... 1 22 26 - 30.99 ADA.... -....................... .85 23 21 - 25.99 ADA.... -....................... .75 24 16 - 20.99 ADA.... -....................... .6 25 8 - 15.99 ADA.... -....................... .5 26 1 - 7.99 ADA.... -....................... count as elementary 27 COMPUTATION OF ELEMENTARY SUPPORT UNITS 28 Average Daily 29 Attendance Attendance Divisor Minimum Units Allowed 30 300 or more ADA........................................ 15 31 ..23...grades 4,5 & 6.... 32 ..22...grades 1,2 & 3....1994-95 33 ..21...grades 1,2 & 3....1995-96 34 ..20...grades 1,2 & 3....1996-97 35 and each year thereafter. 36 160 to 299.99 ADA... 20..................... 8.4 37 110 to 159.99 ADA... 19..................... 6.8 38 71.1 to 109.99 ADA... 16..................... 4.7 39 51.7 to 71.0 ADA... 15..................... 4.0 40 33.6 to 51.6 ADA... 13..................... 2.8 41 16.6 to 33.5 ADA... 12..................... 1.4 42 1.0 to 16.5 ADA... n/a.................... 1.0 43 COMPUTATION OF SECONDARY SUPPORT UNITS 44 Average Daily 45 Attendance Attendance Divisor Minimum Units Allowed 46 750 or more .... 18.5..................... 47 47 400 - 749.99 ADA.... 16....................... 28 48 300 - 399.99 ADA.... 14.5..................... 22 49 200 - 299.99 ADA.... 13.5..................... 17 50 100 - 199.99 ADA.... 12....................... 9 5 1 99.99 or fewer Units allowed as follows: 2 Grades 7-12 ......................... 8 3 Grades 9-12 ......................... 6 4 Grades 7- 9 ......................... 1 per 14 ADA 5 Grades 7- 8 ......................... 1 per 16 ADA 6 COMPUTATION OF EXCEPTIONAL EDUCATION SUPPORT UNITS 7 Average Daily 8 Attendance Attendance Divisor Minimum Units Allowed 9 14 or more .... 14.5..................... 1 or more as computed 10 12 - 13.99.... -....................... 1 11 8 - 11.99.... -....................... .75 12 4 - 7.99.... -....................... .5 13 1 - 3.99.... -....................... .25 14 COMPUTATION OF ALTERNATIVE SCHOOL SECONDARY SUPPORT UNITS 15 Pupils in Attendance Attendance Divisor Minimum Units Allowed 16 12 or more.......... 12...................... 1 or more as computed 17 In applying these tables to any given separate attendance unit, no school 18 district shall receive less total money than it would receive if it had a 19 lesser average daily attendance in such separate attendance unit. In applying 20 the kindergarten table to a kindergarten program of less days than a full 21 school year, the support unit allowance shall be in ratio to the number of 22 days of a full school year. The tables for exceptional education and alterna- 23 tive school secondary support units shall be applicable only for programs 24 approved by the state department of education following rules established by 25 the state board of education. Moneys generated from computation of support 26 units for alternative schools shall be utilized for alternative school pro- 27 grams. School district administrative and facility costs may be included as 28 part of the alternative school expenditures. 29 7. State Distribution Factor per Support Unit. Divide educational support 30 program distribution funds, after subtracting the amounts necessary to pay the 31 obligations specified in subsection 2. of this section, by the total state 32 support units to secure the state distribution factor per support unit. 33 8. District Share of State Funds for Educational Support Program. Ascer- 34 tain a district's share of state funds for the educational support program as 35 follows: 36 a. District Contribution Calculation. Without including any allowance as 37 a credit for prepaid taxes, as provided in section 63-1607, Idaho Code, 38 the district contribution calculation shall be the rate determined under 39 subsection 3. of this section. 40 b. District Support Units. The number of support units for each school 41 district in the state shall be determined as follows: 42 (1) Divide the actual average daily attendance, excluding students 43 approved for inclusion in the exceptional child educational program, 44 for the administrative schools and each of the separate schools and 45 attendance units by the appropriate divisor from the tables of sup- 46 port units in this section, then add the quotients to obtain the 47 district's support units allowance for regular students, kindergarten 48 through grade 12 including alternative school secondary students. 49 Calculations in application of this subsection shall be carried out 50 to the nearest tenth. 51 (2) Divide the combined totals of the average daily attendance of 52 all preschool, handicapped, kindergarten, elementary, secondary and 6 1 juvenile detention center students approved for inclusion in the 2 exceptional child program of the district by the appropriate divisor 3 from the table for computation of exceptional education support units 4 to obtain the number of support units allowed for the district's 5 approved exceptional child program. Calculations for this subsection 6 shall be carried out to the nearest tenth when more than one (1) unit 7 is allowed. 8 (3) The total number of support units of the district shall be the 9 sum of the total support units for regular students, subsection 10 8.b.(1) of this section, and the support units allowance for the 11 approved exceptional child program, subsection 8.b.(2) of this sec- 12 tion. 13 c. Total District Allowance Educational Program. Multiply the district's 14 total number of support units, carried out to the nearest tenth, by the 15 state distribution factor per support unit and to this product add the 16 approved amount of programs of the district provided in subsection 2. of 17 this section to secure the district's total allowance for the educational 18 support program. 19 d. District Share. To secure the district's share of state apportionment, 20 subtract the amount of the local district contribution calculation, sub- 21 section 3. of this section, from the amount of the total district allow- 22 ance, subsection 8.c. of this section. 23 e. Adjustment of District Share. The contract salary of every noncertifi- 24 cated teacher shall be subtracted from the district's share as calculated 25 from the provisions of subsection 8.d. of this section. 26 SECTION 4. That Section 33-1002D, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 33-1002D. PROPERTY TAX REPLACEMENTRELIEF. The purpose of this section is 29 to provide ongoing property tax relief. All moneys transferred to the public 30 school income fund, pursuant to section 67-6804, Idaho Code, shall be annually 31 appropriated by the legislature to the educational support program/division of 32 operations as state discretionary funds. replace a portion of the authorized33 school maintenance and operation property tax levy with state sales tax34 receipts. As used in this section, the term "property tax computation ratio"35 shall mean a ratio determined by dividing the district's certified property36 tax maintenance and operation budget by the actual or adjusted market value37 for assessment purposes as such values existed on December 31 of the previous38 calendar year, together with the increment value, as defined in section39 50-2903, Idaho Code, if applicable under the circumstance described in section40 33-802 2., Idaho Code, relating to termination of a revenue allocation area.41 (1) (a) In the case of a school district that had a property tax computa-42 tion ratio of not less than four-tenths of one percent (.4%) in tax year43 1994, that school district shall receive from the appropriations made for44 that purpose, an amount equal to the greater of the district's actual or45 adjusted market value for assessment purposes as such valuation existed on46 December 31 of the previous calendar year, together with the increment47 value, as defined in section 50-2903, Idaho Code, if applicable under the48 circumstance described in section 33-802 2., Idaho Code, relating to ter-49 mination of a revenue allocation area, multiplied by one-tenth of one per-50 cent (.1%).51 (b) In the case of a school district that had a property tax computation52 ratio of less than four-tenths of one percent (.4%) in tax year 1994, the53 greater of the 1992, 1993 or 1994 property tax computation ratio less7 1 three-tenths of one percent (.3%) shall be designated the district's base2 multiplier. In no case shall the base multiplier be less than zero (0).3 Four-tenths of one percent (.4%) less the greater of the district's 1992,4 1993 or 1994 property tax computation ratio shall be designated the5 district's adjustment factor. In no case shall the adjustment factor be6 greater than one-tenth of one percent (.1%) or less than zero (0). Each7 school district's actual multiplier shall be the base multiplier plus one-8 fifth (1/5) of the adjustment factor in tax year 1995, the base multiplier9 plus two-fifths (2/5) of the adjustment factor in tax year 1996, the base10 multiplier plus three-fifths (3/5) of the adjustment factor in tax year11 1997, the base multiplier plus four-fifths (4/5) of the adjustment factor12 in tax year 1998, and the base multiplier plus the adjustment factor in13 tax year 1999 and beyond. Each school district shall receive, from the14 appropriations made for that purpose, an amount equal to the district's15 actual or adjusted market value for assessment purposes as such valuation16 existed on December 31 of the previous calendar year, together with the17 increment value, as defined in section 50-2903, Idaho Code, if applicable18 under the circumstance described in section 33-802 2., Idaho Code, relat-19 ing to termination of a revenue allocation area, multiplied by the20 district's actual multiplier.21 (c) The preceding provisions of this subsection notwithstanding, appro-22 priations from the state for the value of one-tenth of one percent (.1%)23 of the greater of the district's actual or adjusted market value for24 assessment purposes as such valuation existed on December 31 of the previ-25 ous calendar year, together with the increment value, as defined in sec-26 tion 50-2903, Idaho Code, if applicable under the circumstance described27 in section 33-802 2., Idaho Code, relating to termination of a revenue28 allocation area, shall not exceed seventy-five million dollars29 ($75,000,000) in any fiscal year. If the amount school districts would30 otherwise be entitled to receive pursuant to the preceding provisions of31 this subsection exceeds seventy-five million dollars ($75,000,000), then32 each school district shall receive its share of seventy-five million dol-33 lars ($75,000,000) based on the formulas contained in this section.34 (2) (a) Participation in this property tax reduction program is voluntary35 for a charter district. If a charter district participates, in addition to36 the provisions of subsection (1) of this section it shall not have a prop-37 erty tax computation ratio that is above three-tenths of one percent (.3%)38 or the district's property tax computation ratio in tax year 1994, less39 one-tenth of one percent (.1%), whichever is greater.40 (b) If in any year the charter district's property tax computation ratio41 used to calculate its maintenance and operation budget is increased above42 the limit specified in this subsection the district shall not be eligible43 for the distribution pursuant to subsection (1) of this section for that44 year.45 (3) Limitations imposed upon a school district's property tax computation46 ratio under the provisions of this section do not apply to any levy approved47 by electors of the school district as provided by law.48 (4) Distributions calculated as provided in this section shall be made to49 school districts of this state in two (2) equal installments on the due dates50 as specified in section 63-903(1), Idaho Code, for the property taxes being51 replaced.52 (5) For purposes of section 33-1002, Idaho Code, moneys distributed pur-53 suant to this section shall not be included in determining total state funds.54 SECTION 5. That Chapter 68, Title 67, Idaho Code, be, and the same is 8 1 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 2 ignated as Section 67-6804, Idaho Code, and to read as follows: 3 67-6804. TRANSFER OF EXCESS REVENUES. (1) The legislature finds that it 4 is in the best interest of the taxpayers of the state of Idaho to establish a 5 state budget system that captures surplus revenues for the purposes described 6 herein. 7 (2) If the state controller certifies that the receipts to the general 8 fund for the fiscal year just ending have exceeded the receipts of the previ- 9 ous fiscal year by more than eight percent (8%), then the state controller 10 shall transfer all general fund collections in excess of said eight percent 11 (8%) increase to the public school income fund. 12 (3) Once a transfer has been made, pursuant to this section, the state 13 controller shall transfer the same dollar amount to the public school income 14 fund in each subsequent fiscal year. If the provisions of subsection (2) of 15 this section cause further transfers to be made, then the annual transfer made 16 by the state controller shall be increased by a like amount. 17 (4) All transfers to the public school income fund authorized by this 18 section shall be expended pursuant to the provisions of section 33-1002D, 19 Idaho Code. 20 SECTION 6. An emergency existing therefor, which emergency is hereby 21 declared to exist, Section 2 of this act shall be in full force and effect on 22 and after passage and approval, and retroactively to January 1, 2006. Section 23 1 of this act shall be in full force and effect on and after passage and 24 approval. Sections 3, 4 and 5 of this act shall be in full force and effect on 25 and after July 1, 2006.". 26 CORRECTION TO TITLE 27 On page 1, in line 2 delete "RELATING TO SCHOOL BONDS" and insert: "RELATING 28 TO TAXATION POLICIES FOR FUNDING PUBLIC SCHOOLS"; and delete line 5 and 29 insert: "PURPOSES"; AMENDING SECTION 33-802, IDAHO CODE, TO REDUCE THE MAINTE- 30 NANCE AND OPERATION LEVY, TO REVISE HOW MAXIMUM SCHOOL MAINTENANCE AND OPERA- 31 TION LEVIES ARE CALCULATED FOR TAX YEAR 2007 AND THEREAFTER AND TO PROVIDE FOR 32 A BUDGET STABILIZATION LEVY FOR CERTAIN DISTRICTS; AMENDING SECTION 33-1002, 33 IDAHO CODE, TO REDUCE THE LOCAL DISTRICTS' CONTRIBUTION, TO PROVIDE FOR CALCU- 34 LATION OF THE NUMBER, TO REQUIRE SCHOOL DISTRICTS TO REDUCE THEIR LOCAL 35 DISTRICT'S CONTRIBUTION TO BE ELIGIBLE FOR EDUCATIONAL SUPPORT PROGRAM DISTRI- 36 BUTION FUNDS AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 33-1002D, 37 IDAHO CODE, TO PROVIDE ONGOING PROPERTY TAX RELIEF AND TO PROVIDE THAT MONEYS 38 IN THE FUND SHALL BE STATE DISCRETIONARY FUNDS; AMENDING CHAPTER 68, TITLE 67, 39 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 67-6804, IDAHO CODE, TO PROVIDE 40 FOR THE TRANSFER OF EXCESS REVENUES OF THE GENERAL FUND UPON CERTAIN CIRCUM- 41 STANCES OCCURRING AND TO PROVIDE FOR TRANSFERS TO THE PUBLIC SCHOOL INCOME 42 FUND; DECLARING AN EMERGENCY, PROVIDING RETROACTIVE APPLICATION AND PROVIDING 43 EFFECTIVE DATES.".
STATEMENT OF PURPOSE RS 15804 The purpose of this legislation is to amend Section 33-1103, Idaho Code, to allow school districts to use market value currently exempt under the homeowners exemption. The districts most restrained by the existing debt limit are those districts experiencing rapid growth in suburban areas that have primarily property value growth in mid-priced homes, rather than commercial and industrial property. This change also will avoid a reduction in dept capacity in the event that the homeowners exemption is increased by other legislation. The legislation does not affect election requirements for bonds, nor does it change the requirement that the district must provide for repayment of the bonds from a dedicated property tax levy. This legislation will not affect whether the bonds can or cannot be issued without a levy rate increase which in practice is the most significant limitation on the incurrence of bonded indebtedness. FISCAL NOTE There is no fiscal impact on the general fund. Contact Name: Cliff Green, Idaho School Boards Association Phone: 854-1476 Sponsors Senator Brad Little Representative Darrell Bolz STATEMENT OF PURPOSE/FISCAL NOTE S 1404