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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-tenths
15 of one percent (.4%) during tax year 1994, and do not exceed an amount equal
16 to three-tenths fifteen-hundredths of one percent (.315%) during tax year 1995
17 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%) during
38 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 valorem property 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 REPLACEMENT RELIEF. 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 authorized
33 school maintenance and operation property tax levy with state sales tax
34 receipts. As used in this section, the term "property tax computation ratio"
35 shall mean a ratio determined by dividing the district's certified property
36 tax maintenance and operation budget by the actual or adjusted market value
37 for assessment purposes as such values existed on December 31 of the previous
38 calendar year, together with the increment value, as defined in section
39 50-2903, Idaho Code, if applicable under the circumstance described in section
40 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 year
43 1994, that school district shall receive from the appropriations made for
44 that purpose, an amount equal to the greater of the district's actual or
45 adjusted market value for assessment purposes as such valuation existed on
46 December 31 of the previous calendar year, together with the increment
47 value, as defined in section 50-2903, Idaho Code, if applicable under the
48 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 computation
52 ratio of less than four-tenths of one percent (.4%) in tax year 1994, the
53 greater of the 1992, 1993 or 1994 property tax computation ratio less
7
1 three-tenths of one percent (.3%) shall be designated the district's base
2 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 the
5 district's adjustment factor. In no case shall the adjustment factor be
6 greater than one-tenth of one percent (.1%) or less than zero (0). Each
7 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 multiplier
9 plus two-fifths (2/5) of the adjustment factor in tax year 1996, the base
10 multiplier plus three-fifths (3/5) of the adjustment factor in tax year
11 1997, the base multiplier plus four-fifths (4/5) of the adjustment factor
12 in tax year 1998, and the base multiplier plus the adjustment factor in
13 tax year 1999 and beyond. Each school district shall receive, from the
14 appropriations made for that purpose, an amount equal to the district's
15 actual or adjusted market value for assessment purposes as such valuation
16 existed on December 31 of the previous calendar year, together with the
17 increment value, as defined in section 50-2903, Idaho Code, if applicable
18 under the circumstance described in section 33-802 2., Idaho Code, relat-
19 ing to termination of a revenue allocation area, multiplied by the
20 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 for
24 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 described
27 in section 33-802 2., Idaho Code, relating to termination of a revenue
28 allocation area, shall not exceed seventy-five million dollars
29 ($75,000,000) in any fiscal year. If the amount school districts would
30 otherwise be entitled to receive pursuant to the preceding provisions of
31 this subsection exceeds seventy-five million dollars ($75,000,000), then
32 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 voluntary
35 for a charter district. If a charter district participates, in addition to
36 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, less
39 one-tenth of one percent (.1%), whichever is greater.
40 (b) If in any year the charter district's property tax computation ratio
41 used to calculate its maintenance and operation budget is increased above
42 the limit specified in this subsection the district shall not be eligible
43 for the distribution pursuant to subsection (1) of this section for that
44 year.
45 (3) Limitations imposed upon a school district's property tax computation
46 ratio under the provisions of this section do not apply to any levy approved
47 by electors of the school district as provided by law.
48 (4) Distributions calculated as provided in this section shall be made to
49 school districts of this state in two (2) equal installments on the due dates
50 as specified in section 63-903(1), Idaho Code, for the property taxes being
51 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