2007 Legislation
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HOUSE BILL NO. 330 – Approp, Commerce Dept/Schools

HOUSE BILL NO. 330

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Bill Status



H0330.....................................................by APPROPRIATIONS
APPROPRIATIONS - States findings of the Legislature regarding certain
economic issues; states findings regarding certain correctional
populations; states findings regarding the federal Craig-Wyden bill;
authorizes the transfer of $60,000,000 to the Economic Recovery Reserve
Fund; appropriates an additional $15,000,000 to the Department of Commerce
for July 1, 2007, through December 31, 2007, and provides for expenditure
of the funds; appropriates an additional $3,500,000 to the Educational
Support Program/Division of Operations for fiscal year 2008 and directs the
Superintendent of Public Instruction regarding the expenditure of the
funds.

03/28    House intro - 1st rdg - to printing
    Rpt prt - to 2nd rdg
03/29    2nd rdg - to 3rd rdg
    Rls susp - PASSED - 52-12-6
      AYES -- Anderson, Andrus, Bell, Bilbao, Black, Block, Boe, Bolz,
      Brackett, Chadderdon, Chavez, Chew, Clark, Collins, Crane, Edmunson,
      Eskridge, Hagedorn, Henderson, Jaquet, Killen, King, Kren, Labrador,
      Lake, LeFavour(Herzfeld), Loertscher, Marriott, Nielsen, Nonini,
      Pasley-Stuart, Patrick, Pence, Raybould, Ring, Ringo, Roberts,
      Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
      Shively, Smith(30), Snodgrass, Stevenson, Trail, Wills, Wood(27), Mr.
      Speaker
      NAYS -- Barrett, Bayer, Bock, Durst, Hart, Harwood, Henbest, Mathews,
      McGeachin, Mortimer, Smith(24), Vander Woude
      Absent and excused -- Bedke, Bradford, Luker, Moyle, Thayn, Wood(35)
    Floor Sponsor - Bolz
    Title apvd - to Senate
03/29    Senate intro - 1st rdg - to Fin
03/30    Rpt out - rec d/p - to 2nd rdg
    Rls susp - PASSED - 25-7-3
      AYES -- Andreason, Bair, Bastian, Broadsword, Cameron, Corder,
      Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hammond,
      Heinrich, Hill, Jorgenson, Keough, Lodge, McGee, McKague, McKenzie,
      Richardson, Schroeder, Siddoway, Stegner
      NAYS -- Burkett, Kelly, Langhorst, Little, Malepeai, Stennett,
      Werk(Douglas)
      Absent and excused -- Bilyeu, Coiner, Pearce
    Floor Sponsor - Cameron
    Title apvd - to House
03/30    To enrol - Rpt enrol - Sp signed - Pres signed
04/02    To Governor
    Law without signature
         Session Law Chapter 359
         Effective: 07/01/07

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                  First Regular Session - 2007
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 330
                                                                        
                                BY APPROPRIATIONS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO APPROPRIATIONS FOR STATE GOVERNMENT; STATING FINDINGS OF THE  LEG-
  3        ISLATURE  REGARDING  ECONOMIC  ISSUES; STATING FINDINGS OF THE LEGISLATURE
  4        REGARDING CORRECTIONAL ISSUES; STATING FINDINGS OF THE LEGISLATURE REGARD-
  5        ING THE PASSAGE OF THE FEDERAL CRAIG-WYDEN BILL; DIRECTING THE TRANSFER OF
  6        MONEYS TO THE ECONOMIC RECOVERY  RESERVE  FUND;  APPROPRIATING  ADDITIONAL
  7        MONEYS  TO  THE  DEPARTMENT  OF  COMMERCE;  PROVIDING  CONTINGENT SPENDING
  8        AUTHORITY OF THE AMOUNT APPROPRIATED TO THE DEPARTMENT OF COMMERCE; APPRO-
  9        PRIATING ADDITIONAL MONEYS TO THE EDUCATIONAL SUPPORT PROGRAM/DIVISION  OF
 10        OPERATIONS  TO  REPLACE  FEDERAL  SECURE RURAL SCHOOLS AND COMMUNITY SELF-
 11        DETERMINATION ACT  FUNDS;  AND  DIRECTING  THE  SUPERINTENDENT  OF  PUBLIC
 12        INSTRUCTION TO DISTRIBUTE FUNDS WHEN CERTAIN CONDITIONS ARE MET.
                                                                        
 13    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 14        SECTION  1.  It  is  the  finding of the Legislature that it is prudent to
 15    earmark resources for immediate access to address any economic issues that may
 16    arise before the Legislature convenes in January 2008.
                                                                        
 17        SECTION 2.  It is the finding of the  Legislature  that  as  a  result  of
 18    offender  population growth there is not sufficient capacity for current hous-
 19    ing and programmatic needs of inmates without resorting to out-of-state place-
 20    ments. In addition, it is a  recommendation of the Legislative  Mental  Health
 21    and  Substance  Abuse Interim Committee to endorse state planning for a secure
 22    mental health facility under the jurisdiction of the Board of  Correction.  In
 23    consideration  of  these  circumstances the Legislature is setting aside funds
 24    that may be available in the next budget cycle for the Governor and the Legis-
 25    lature to address the needs of targeted correctional populations.
                                                                        
 26        SECTION 3.  It is the finding of the Legislature that there remains uncer-
 27    tainty in the reauthorization of the federal Secure Rural Schools  and  Commu-
 28    nity  Self-Determination  Act, or the Craig-Wyden bill, by the Congress of the
 29    United States. If the Craig-Wyden bill is not reauthorized,  it  will  have  a
 30    devastating  effect on Idaho school districts and in this case the Legislature
 31    is prepared to mitigate the impact on Idaho's school districts for state  fis-
 32    cal year 2008.
                                                                        
 33        SECTION  4.  On July 1, 2007, or as soon thereafter as possible, the State
 34    Controller shall transfer the sum of $60,000,000 from the General Fund to  the
 35    Economic Recovery Reserve Fund.
                                                                        
 36        SECTION  5.  In addition to any other appropriation provided by law, there
 37    is hereby appropriated $15,000,000 from the Economic Recovery Reserve Fund  to
 38    the  Department  of Commerce for the period July 1, 2007, through December 31,
 39    2007.
                                                                        
                                       2
                                                                        
  1        SECTION 6.  Funds appropriated in Section 5 of this act shall be available
  2    contingent upon a joint request from the President Pro Tempore of the  Senate,
  3    the  Speaker  of  the  House  of  Representatives,  the Chairman of the Senate
  4    Finance Committee, and the Chairman of the House Appropriations  Committee  to
  5    the  Governor  of  the  State  of  Idaho,  and upon the Governor's concurrence
  6    therein that an expenditure of funds is essential  to  maintain  the  economic
  7    stability of the state or the delivery of necessary state services.
                                                                        
  8        SECTION  7.  In  addition  to any other appropriation provided by law, and
  9    notwithstanding any other provision of law relating to the uses of the  Public
 10    Education  Stabilization  Fund, there is hereby appropriated $3,500,000 to the
 11    Educational Support Program/Division of Operations from the  Public  Education
 12    Stabilization  Fund  to offset the loss of federal funds previously authorized
 13    under the Secure Rural Schools and Community Self-Determination  Act  for  the
 14    period July 1, 2007, through June 30, 2008.
                                                                        
 15        SECTION  8.  If  the  Superintendent of Public Instruction determines that
 16    the federal government has reauthorized the Secure Rural Schools and Community
 17    Self-Determination Act, or substantially similar legislation, by February  10,
 18    2008,  then  the appropriation made in Section 7 of this act shall be null and
 19    void, and of no further force and effect.  Otherwise,  the  Superintendent  of
 20    Public Instruction shall distribute such moneys to school districts as part of
 21    the February 15, 2008, distribution of state moneys, based on the same propor-
 22    tion  of the total that each school district received during state fiscal year
 23    2007, pursuant to the Secure Rural Schools  and  Community  Self-Determination
 24    Act.  If  the Superintendent of Public Instruction determines that the federal
 25    government has reauthorized the  Secure  Rural  Schools  and  Community  Self-
 26    Determination  Act,  or  substantially similar legislation, after February 10,
 27    2008, and that the first payment to school districts shall take  place  on  or
 28    prior  to  July  15,  2008,  then  each school district shall return all state
 29    moneys distributed pursuant to this section to the Public  Education  Stabili-
 30    zation Fund, up to a maximum of the amount of federal money so received.

Statement of Purpose / Fiscal Impact




Statement of Purpose
RS17202
This bill transfers moneys from the General Fund to the Economic Recovery Reserve Fund; appropriates funding on a contingency basis to the Department of Commerce for six months beginning on July 1, 2007; and appropriates funding to Public Schools on a contingency basis to replace federal funding for the Secure Rural Schools and Community Self-Determination Act (also referred to as the Craig-Wyden Bill).

SECTIONS 1, 2 and 3 state findings of the Legislature concerning earmarking resources to address economic issues before the next legislative session; acknowledging that the inmate population growth is greater than state capacity and that there is a probability of addressing prison space needs in the near future; and confirming the devastating effect on Idaho school districts if the Secure Rural Schools and Community Self-Determination Act is not reauthorized for school year 2007-2008.

SECTION 4 transfers $60 million from the General Fund to the Economic Recovery Reserve Fund at the beginning of fiscal year 2008. The Economic Recovery Reserve Fund is authorized in ยง67-3520, Idaho Code. Of that amount SECTION 5 appropriates $15 million (of the $60 million transferred in Section 4) on a contingency basis for a six-month period before the Legislature returns for the 2008 session.

SECTION 6 provides that the funding authorized in Section 5 may be spent upon a joint request from the Pro Tem of the Senate, the Speaker of the House of Representatives, the Chairman of the Senate Finance, and the Chairman of the House Appropriations to the Governor, and the Governor's concurrence that an expenditure of funds is essential to maintain the economic stability of the state or the delivery of necessary state services during that six-month period.

SECTION 7 appropriates $3.5 million from the Public Education Stabilization Fund to Public Schools to offset the impact of the loss of Craig-Wyden funds to Idaho school districts. SECTION 8 provides that the funding authorized in Section 7 may distributed to school districts in the same proportion that federal funds were distributed in school year 2006-2007. If the federal act is reauthorized then the appropriation is null and void, and if the federal act is reauthorized after the distribution has taken place but before July 15, 2008, then the funding will be returned to the Public Education Stabilization Fund. If the federal distribution is less than the 2007 distribution, then the school districts may keep state funds to make up the difference - up to the total amount of funding received in 2007.

Fiscal Note
This bill transfers $60 million from the projected year-end balance from the General Fund to the Economic Recovery Reserve Fund on July 1, 2007, and then appropriates $15 million from the Economic Recovery Reserve Fund to the Department of Commerce on a contingency basis from July 1, 2007 until December 31, 2007. Finally, this bill appropriates $3.5 million from the Public Education Stabilization Fund in the event that federal funds are not forthcoming in school year 2007-2008.

Contact: Cathy Holland-Smith 334-4731
Legislative Services Office, Budget & Policy Analysis

Statement of Purpose/Fiscal Note Bill No. H330