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H0479...............................................by REVENUE AND TAXATION PUBLIC SCHOOL FINANCING - Amends and adds to existing law to revise how maximum school maintenance and operation levies are calculated for tax year 2006 and thereafter; to revise the local districts' contribution calculation; to provide that charter school districts must reduce property tax levies to be eligible to receive state funds; to provide that the purpose of section 33-1002D, Idaho Code, is to provide ongoing property tax relief; to provide that moneys in the fund shall be state discretionary funds; to provide for transfer of excess revenues of the General Fund upon certain circumstances occurring; and to provide for transfers to the Public School Income Fund for property tax relief purposes. 01/26 House intro - 1st rdg - to printing 01/27 Rpt prt - to Rev/Tax
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 479 BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO FINANCING OF THE PUBLIC SCHOOLS; AMENDING SECTION 33-802, IDAHO 3 CODE, TO REVISE HOW MAXIMUM SCHOOL MAINTENANCE AND OPERATION LEVIES ARE 4 CALCULATED FOR TAX YEAR 2006 AND THEREAFTER; AMENDING SECTION 33-1002, 5 IDAHO CODE, TO REVISE THE LOCAL DISTRICTS' CONTRIBUTION CALCULATION AND TO 6 PROVIDE THAT CHARTER SCHOOL DISTRICTS MUST REDUCE PROPERTY TAX LEVIES TO 7 BE ELIGIBLE TO RECEIVE STATE FUNDS; AMENDING SECTION 33-1002D, IDAHO CODE, 8 TO PROVIDE THAT THE PURPOSE OF THE SECTION IS TO PROVIDE ONGOING PROPERTY 9 TAX RELIEF AND TO PROVIDE THAT MONEYS IN THE FUND SHALL BE STATE DISCRE- 10 TIONARY FUNDS; AND AMENDING CHAPTER 68, TITLE 67, IDAHO CODE, BY THE ADDI- 11 TION OF A NEW SECTION 67-6804, IDAHO CODE, TO PROVIDE FOR TRANSFER OF 12 EXCESS REVENUES OF THE GENERAL FUND UPON CERTAIN CIRCUMSTANCES OCCURRING 13 AND TO PROVIDE FOR TRANSFERS TO THE PUBLIC SCHOOL INCOME FUND. 14 Be It Enacted by the Legislature of the State of Idaho: 15 SECTION 1. That Section 33-802, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 33-802. SCHOOL LEVIES. Any tax levied for school purposes shall be a lien 18 on the property against which the tax is levied. The board of trustees shall 19 determine the levies upon each dollar of taxable property in the district for 20 the ensuing fiscal year as follows: 21 1. Bond, Interest and Judgment Obligation Levies. Such levies as shall be 22 required to satisfy all maturing bond, bond interest, and judgment obliga- 23 tions. 24 2. Maximum School Maintenance and Operation Levies. Such levies for main- 25 taining and operating the schools of the district and for the payment of 26 tuition and transportation, that do not exceed an amount equal to four-tenths 27 of one percent (.4%) during tax year 1994, and do not exceed an amount equal 28 to three-tenths of one percent (.3%) during tax year1995 and thereafter2005, 29 applied to the actual or adjusted market value for assessment purposes of the 30 district as such valuation existed on December 31 of the previous year, but 31 allowances necessary as a credit for prepaid taxes, as provided in section 32 63-1607, Idaho Code, shall not be included in such maximum levies. Provided 33 however, that in the event property within a district's boundaries is con- 34 tained in a revenue allocation area established under chapter 29, title 50, 35 Idaho Code, and such revenue allocation area has given notice of termination 36 thereunder, then, only for the purpose of determining the levy described in 37 this subsection, the district may add the increment value, as defined in sec- 38 tion 50-2903, Idaho Code, to the actual or adjusted market value for assess- 39 ment purposes of the district as such value existed on December 31 of the pre- 40 vious year. For tax year 2006 and thereafter, the levy rate limitation of this 41 subsection shall be modified as follows: 42 (a) Multiply the amount of money raised statewide in the prior year, pur- 43 suant to this section, by 1.03; 2 1 (b) Subtract the value of any increase in statewide market value for 2 assessment purposes resulting from new construction or change of land use 3 classification as evidenced by the value shown on the new construction 4 roll compiled pursuant to section 63-301A, Idaho Code, from the actual or 5 adjusted statewide market value as such valuation existed on December 31 6 of the previous year; 7 (c) Divide the amount in subsection 2.(a) of this section by the amount 8 in subsection 2.(c) of this section; 9 (d) Reduce the rate resulting from the calculation in subsection 2.(c) of 10 this section by an amount equal to the moneys appropriated pursuant to 11 section 33-1002D, Idaho Code. 12 3. Authorized School Maintenance and Operation Levies. Such levies for 13 maintaining and operating the schools of the district and for the payment of 14 tuition and transportation that do not exceed one hundred eleven percent 15 (111%) of the local district's contribution authorized in subsection 2. of 16 section 33-1002, Idaho Code. Implementation of the provisions of this subsec- 17 tion shall be authorized only after approval by a majority of the district's 18 electors voting on the question. Levies otherwise authorized by law shall not 19 require an election. 20 4. Supplemental Maintenance and Operation Levies. No levy in excess of 21 the levy permitted by subsection 2. or 3. of this section shall be made by a 22 noncharter school district unless such a supplemental levy in a specified 23 amount and for a specified time not to exceed two (2) years be first autho- 24 rized through an election held pursuant to chapter 4, title 33, Idaho Code, 25 and approved by a majority of the district electors voting in such election. A 26 levy approved pursuant to this subsection may be reduced by a majority vote of 27 the board of trustees in the second year. 28 5. Charter District Supplemental Maintenance and Operation. Levies pursu- 29 ant to the respective charter of any such charter district shall be first 30 authorized through an election held pursuant to chapter 4, title 33, Idaho 31 Code, and approved by a majority of the district electors voting in such elec- 32 tion. 33 6. The Local District Contribution. The local school district contribu- 34 tion levy is the amount utilized for calculating local district participation 35 in the educational foundation program, which is applied to the adjusted market 36 value for assessment purposes, as such valuation existed on December 31 of the 37 previous year, together with the increment value, as defined in section 38 50-2903, Idaho Code, if applicable under the circumstance described in subsec- 39 tion 2. of this section, relating to termination of a revenue allocation area. 40 7. The board of trustees of any school district that has, for at least 41 seven (7) consecutive years, been authorized through an election held pursuant 42 to chapter 4, title 33, Idaho Code, to certify a supplemental levy that has 43 annually been equal to or greater than twenty percent (20%) of the total gen- 44 eral maintenance and operation fund, may submit the question of an indefinite 45 term supplemental levy to the electors of the school district. Such question 46 shall clearly state the dollar amount that will be certified annually and that 47 the levy will be for an indefinite number of years. The question must be 48 approved by a majority of the district electors voting on the question in an 49 election held pursuant to chapter 4, title 33, Idaho Code. The levy approved 50 pursuant to this subsection may be reduced by a majority vote of the board of 51 trustees during any fiscal year. 52 SECTION 2. 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 bethe amount appropriated pur-37suant to section 33-1002D, Idaho Code, plus three-tenths percent (.3%) during38fiscal 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 and four-tenths percent (.4%) during fiscal year 1994-95 and each year there- 43 after, of the cooperative electrical associations' property values that have 44 been derived from the taxes paid in lieu of ad valorem taxes for the previous 45 year as provided in section 63-3502, Idaho Code. 46 4. Educational Support Program Distribution Funds. Add the local dis- 47 tricts' contribution, subsection 3. of this section, and the state educational 48 support program funds, subsection 1. of this section, together to secure the 49 total educational support program distribution funds. 50 5. Average Daily Attendance. The total state average daily attendance 51 shall be the sum of the average daily attendance of all of the school dis- 52 tricts of the state. The state board of education shall establish rules set- 53 ting forth the procedure to determine average daily attendance and the time 54 for, and method of, submission of such report. Average daily attendance calcu- 55 lation shall be carried out to the nearest hundredth. Computation of average 4 1 daily attendance shall also be governed by the provisions of section 33-1003A, 2 Idaho Code. 3 6. Support Units. The total state support units shall be determined by 4 using the tables set out hereafter called computation of kindergarten support 5 units, computation of elementary support units, computation of secondary sup- 6 port units, computation of exceptional education support units, and computa- 7 tion of alternative school secondary support units. The sum of all of the 8 total support units of all school districts of the state shall be the total 9 state support units. 10 COMPUTATION OF KINDERGARTEN SUPPORT UNITS 11 Average Daily 12 Attendance Attendance Divisor Units Allowed 13 41 or more .... 40....................... 1 or more as computed 14 31 - 40.99 ADA.... -....................... 1 15 26 - 30.99 ADA.... -....................... .85 16 21 - 25.99 ADA.... -....................... .75 17 16 - 20.99 ADA.... -....................... .6 18 8 - 15.99 ADA.... -....................... .5 19 1 - 7.99 ADA.... -....................... count as elementary 20 COMPUTATION OF ELEMENTARY SUPPORT UNITS 21 Average Daily 22 Attendance Attendance Divisor Minimum Units Allowed 23 300 or more ADA........................................ 15 24 ..23...grades 4,5 & 6.... 25 ..22...grades 1,2 & 3....1994-95 26 ..21...grades 1,2 & 3....1995-96 27 ..20...grades 1,2 & 3....1996-97 28 and each year thereafter. 29 160 to 299.99 ADA... 20..................... 8.4 30 110 to 159.99 ADA... 19..................... 6.8 31 71.1 to 109.99 ADA... 16..................... 4.7 32 51.7 to 71.0 ADA... 15..................... 4.0 33 33.6 to 51.6 ADA... 13..................... 2.8 34 16.6 to 33.5 ADA... 12..................... 1.4 35 1.0 to 16.5 ADA... n/a.................... 1.0 36 COMPUTATION OF SECONDARY SUPPORT UNITS 37 Average Daily 38 Attendance Attendance Divisor Minimum Units Allowed 39 750 or more .... 18.5..................... 47 40 400 - 749.99 ADA.... 16....................... 28 41 300 - 399.99 ADA.... 14.5..................... 22 42 200 - 299.99 ADA.... 13.5..................... 17 43 100 - 199.99 ADA.... 12....................... 9 44 99.99 or fewer Units allowed as follows: 45 Grades 7-12 ......................... 8 46 Grades 9-12 ......................... 6 47 Grades 7- 9 ......................... 1 per 14 ADA 48 Grades 7- 8 ......................... 1 per 16 ADA 5 1 COMPUTATION OF EXCEPTIONAL EDUCATION SUPPORT UNITS 2 Average Daily 3 Attendance Attendance Divisor Minimum Units Allowed 4 14 or more .... 14.5..................... 1 or more as computed 5 12 - 13.99.... -....................... 1 6 8 - 11.99.... -....................... .75 7 4 - 7.99.... -....................... .5 8 1 - 3.99.... -....................... .25 9 COMPUTATION OF ALTERNATIVE SCHOOL SECONDARY SUPPORT UNITS 10 Pupils in Attendance Attendance Divisor Minimum Units Allowed 11 12 or more.......... 12...................... 1 or more as computed 12 In applying these tables to any given separate attendance unit, no school 13 district shall receive less total money than it would receive if it had a 14 lesser average daily attendance in such separate attendance unit. In applying 15 the kindergarten table to a kindergarten program of less days than a full 16 school year, the support unit allowance shall be in ratio to the number of 17 days of a full school year. The tables for exceptional education and alterna- 18 tive school secondary support units shall be applicable only for programs 19 approved by the state department of education following rules established by 20 the state board of education. Moneys generated from computation of support 21 units for alternative schools shall be utilized for alternative school pro- 22 grams. School district administrative and facility costs may be included as 23 part of the alternative school expenditures. 24 7. State Distribution Factor per Support Unit. Divide educational support 25 program distribution funds, after subtracting the amounts necessary to pay the 26 obligations specified in subsection 2. of this section, by the total state 27 support units to secure the state distribution factor per support unit. 28 8. District Share of State Funds for Educational Support Program. Ascer- 29 tain a district's share of state funds for the educational support program as 30 follows: 31 a. District Contribution Calculation. Without including any allowance as 32 a credit for prepaid taxes, as provided in section 63-1607, Idaho Code, 33 the district contribution calculation shall be the rate determined under 34 subsection 3. of this section. 35 b. District Support Units. The number of support units for each school 36 district in the state shall be determined as follows: 37 (1) Divide the actual average daily attendance, excluding students 38 approved for inclusion in the exceptional child educational program, 39 for the administrative schools and each of the separate schools and 40 attendance units by the appropriate divisor from the tables of sup- 41 port units in this section, then add the quotients to obtain the 42 district's support units allowance for regular students, kindergarten 43 through grade 12 including alternative school secondary students. 44 Calculations in application of this subsection shall be carried out 45 to the nearest tenth. 46 (2) Divide the combined totals of the average daily attendance of 47 all preschool, handicapped, kindergarten, elementary, secondary and 48 juvenile detention center students approved for inclusion in the 49 exceptional child program of the district by the appropriate divisor 50 from the table for computation of exceptional education support units 51 to obtain the number of support units allowed for the district's 52 approved exceptional child program. Calculations for this subsection 53 shall be carried out to the nearest tenth when more than one (1) unit 6 1 is allowed. 2 (3) The total number of support units of the district shall be the 3 sum of the total support units for regular students, subsection 4 8.b.(1) of this section, and the support units allowance for the 5 approved exceptional child program, subsection 8.b.(2) of this sec- 6 tion. 7 c. Total District Allowance Educational Program. Multiply the district's 8 total number of support units, carried out to the nearest tenth, by the 9 state distribution factor per support unit and to this product add the 10 approved amount of programs of the district provided in subsection 2. of 11 this section to secure the district's total allowance for the educational 12 support program. 13 d. District Share. To secure the district's share of state apportionment, 14 subtract the amount of the local district contribution calculation, sub- 15 section 3. of this section, from the amount of the total district allow- 16 ance, subsection 8.c. of this section. 17 e. Adjustment of District Share. The contract salary of every noncertifi- 18 cated teacher shall be subtracted from the district's share as calculated 19 from the provisions of subsection 8.d. of this section. 20 9. In order to receive state funds, pursuant to this section, a charter 21 district shall utilize a school maintenance and operation property tax levy, 22 for the purposes of calculating the moneys to be raised, that is no greater 23 than that which it levied in tax year 1994, less the difference between the 24 maximum levy rate permitted by section 33-802, Idaho Code, and four-tenths of 25 one percent (.4%). 26 SECTION 3. That Section 33-1002D, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 33-1002D. PROPERTY TAXREPLACEMENTRELIEF. 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 authorized33school maintenance and operation property tax levy with state sales tax34receipts. As used in this section, the term "property tax computation ratio"35shall mean a ratio determined by dividing the district's certified property36tax maintenance and operation budget by the actual or adjusted market value37for assessment purposes as such values existed on December 31 of the previous38calendar year, together with the increment value, as defined in section3950-2903, Idaho Code, if applicable under the circumstance described in section4033-802 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-42tion ratio of not less than four-tenths of one percent (.4%) in tax year431994, that school district shall receive from the appropriations made for44that purpose, an amount equal to the greater of the district's actual or45adjusted market value for assessment purposes as such valuation existed on46December 31 of the previous calendar year, together with the increment47value, as defined in section 50-2903, Idaho Code, if applicable under the48circumstance described in section 33-802 2., Idaho Code, relating to ter-49mination of a revenue allocation area, multiplied by one-tenth of one per-50cent (.1%).51(b) In the case of a school district that had a property tax computation52ratio of less than four-tenths of one percent (.4%) in tax year 1994, the53greater of the 1992, 1993 or 1994 property tax computation ratio less7 1three-tenths of one percent (.3%) shall be designated the district's base2multiplier. In no case shall the base multiplier be less than zero (0).3Four-tenths of one percent (.4%) less the greater of the district's 1992,41993 or 1994 property tax computation ratio shall be designated the5district's adjustment factor. In no case shall the adjustment factor be6greater than one-tenth of one percent (.1%) or less than zero (0). Each7school district's actual multiplier shall be the base multiplier plus one-8fifth (1/5) of the adjustment factor in tax year 1995, the base multiplier9plus two-fifths (2/5) of the adjustment factor in tax year 1996, the base10multiplier plus three-fifths (3/5) of the adjustment factor in tax year111997, the base multiplier plus four-fifths (4/5) of the adjustment factor12in tax year 1998, and the base multiplier plus the adjustment factor in13tax year 1999 and beyond. Each school district shall receive, from the14appropriations made for that purpose, an amount equal to the district's15actual or adjusted market value for assessment purposes as such valuation16existed on December 31 of the previous calendar year, together with the17increment value, as defined in section 50-2903, Idaho Code, if applicable18under the circumstance described in section 33-802 2., Idaho Code, relat-19ing to termination of a revenue allocation area, multiplied by the20district's actual multiplier.21(c) The preceding provisions of this subsection notwithstanding, appro-22priations from the state for the value of one-tenth of one percent (.1%)23of the greater of the district's actual or adjusted market value for24assessment purposes as such valuation existed on December 31 of the previ-25ous calendar year, together with the increment value, as defined in sec-26tion 50-2903, Idaho Code, if applicable under the circumstance described27in section 33-802 2., Idaho Code, relating to termination of a revenue28allocation area, shall not exceed seventy-five million dollars29($75,000,000) in any fiscal year. If the amount school districts would30otherwise be entitled to receive pursuant to the preceding provisions of31this subsection exceeds seventy-five million dollars ($75,000,000), then32each school district shall receive its share of seventy-five million dol-33lars ($75,000,000) based on the formulas contained in this section.34(2) (a) Participation in this property tax reduction program is voluntary35for a charter district. If a charter district participates, in addition to36the provisions of subsection (1) of this section it shall not have a prop-37erty tax computation ratio that is above three-tenths of one percent (.3%)38or the district's property tax computation ratio in tax year 1994, less39one-tenth of one percent (.1%), whichever is greater.40(b) If in any year the charter district's property tax computation ratio41used to calculate its maintenance and operation budget is increased above42the limit specified in this subsection the district shall not be eligible43for the distribution pursuant to subsection (1) of this section for that44year.45(3) Limitations imposed upon a school district's property tax computation46ratio under the provisions of this section do not apply to any levy approved47by electors of the school district as provided by law.48(4) Distributions calculated as provided in this section shall be made to49school districts of this state in two (2) equal installments on the due dates50as specified in section 63-903(1), Idaho Code, for the property taxes being51replaced.52(5) For purposes of section 33-1002, Idaho Code, moneys distributed pur-53suant to this section shall not be included in determining total state funds.54 SECTION 4. 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 collection 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.
STATEMENT OF PURPOSE RS 15817 The legislation allows for M&O to grow at three percent (3%) per year and replaces all M&O property taxes with any state-generated revenues over eight percent (8%) growth per year. FISCAL NOTE There is no fiscal impact. Contact Name: Rep. Mike Moyle Rep. Dolores Crow Rep. Jim Clark Phone: (208) 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 479