2007 Legislation
Print Friendly

SENATE BILL NO. 1174 – Public school income fund, payments

SENATE BILL NO. 1174

View Bill Status

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Bill Status



S1174................................................by JUDICIARY AND RULES
PUBLIC SCHOOL INCOME FUND - Amends existing law relating to payments from
the Public School Income Fund to specify that the first two payments made
to the districts shall each be approximately thirty percent of the total
general account appropriation to the district for the fiscal year; the
third payment shall be approximately twenty percent of the total fiscal
year appropriation and the fourth and fifth payments shall each be
approximately ten percent of the total fiscal year appropriation.
                                                                        
02/26    Senate intro - 1st rdg - to printing
02/27    Rpt prt - to St Aff
03/05    Rpt out - rec d/p - to 2nd rdg
03/06    2nd rdg - to 3rd rdg
03/08    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Cameron,
      Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde,
      Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
      Lodge, Malepeai, McGee, McKague, McKenzie, Pearce, Richardson,
      Schroeder, Siddoway, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- Burkett
    Floor Sponsor - Little
    Title apvd - to House
03/08    House intro - 1st rdg - to Educ
03/13    Rpt out - rec d/p - to 2nd rdg
03/14    2nd rdg - to 3rd rdg
03/28    Ret'd to Educ

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1174
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO PAYMENTS FROM THE PUBLIC  SCHOOL  INCOME  FUND;  AMENDING  SECTION
  3        33-1009,  IDAHO  CODE,  TO SPECIFY THAT THE FIRST TWO PAYMENTS MADE TO THE
  4        DISTRICTS SHALL EACH BE APPROXIMATELY THIRTY PERCENT OF THE TOTAL  GENERAL
  5        ACCOUNT  APPROPRIATION TO THE DISTRICT FOR THE FISCAL YEAR, THE THIRD PAY-
  6        MENT SHALL BE APPROXIMATELY TWENTY PERCENT OF THE TOTAL FISCAL YEAR APPRO-
  7        PRIATION AND THE FOURTH AND FIFTH PAYMENTS SHALL EACH BE APPROXIMATELY TEN
  8        PERCENT OF THE TOTAL FISCAL YEAR APPROPRIATION AND  TO  MAKE  A  TECHNICAL
  9        CORRECTION.
                                                                        
 10    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 11        SECTION  1.  That  Section 33-1009, Idaho Code, be, and the same is hereby
 12    amended to read as follows:
                                                                        
 13        33-1009.  PAYMENTS FROM THE PUBLIC SCHOOL INCOME FUND.
 14        1.  a. Payments of the state  general  account  appropriation  for  public
 15        school  support shall be made each year by the state board of education to
 16        the public school districts of the state in five (5) payments. Payments to
 17        the districts shall be made not later than the fifteenth  day  of  August,
 18        the first day of October, the fifteenth day of November, the fifteenth day
 19        of  February,  and  the fifteenth day of May each year. Each The first two
 20        payments by the state board of education  shall  be  approximately  twenty
 21        thirty  percent  (230%) of the total general account appropriation for the
 22        fiscal year, while the third, fourth and fifth payments shall be  approxi-
 23        mately  twenty  percent  (20%),  ten  percent (10%) and ten percent (10%),
 24        respectively. Amounts apportioned due to a special transfer to the  public
 25        school  income  fund to restore or reduce a deficiency in the prior year's
 26        transfer pursuant to subsection 4. of this section shall not be subject to
 27        this limitation.
 28        b.  Payments of moneys, other than the state  general  account  appropria-
 29        tion,  that  accrue  to the public school income fund shall be made by the
 30        state board of education to the school districts of the state on the  fif-
 31        teenth day of November, February, May and July each year. The total amount
 32        of  such payments shall be determined by the state department of education
 33        and shall not exceed the amount of moneys available and on deposit in  the
 34        public school income fund at the time such payment is made.
 35        c.  Amounts  apportioned  due  to  a special transfer to the public school
 36        income fund to restore or reduce a deficiency in the prior year's transfer
 37        pursuant to subsection 4. of this section shall not be subject to the lim-
 38        itation imposed by paragraphs a. and b., of this subsection 1.
 39        2.  Payments made to the school districts in August, October and  November
 40    are advance payments for the current year and will be based upon payments from
 41    the  public school income fund for the preceding school year. Each school dis-
 42    trict shall receive its proportionate share of the  advance  payments  in  the
 43    same ratio that its total payment for the preceding year was to the total pay-
                                                                        
                                       2
                                                                        
  1    ments to all school districts for the preceding year.
  2        3.  No  later  than  the fifteenth day of February in each year, the state
  3    department of education shall compute the state distribution factor  based  on
  4    the  total  average daily attendance through the first Friday in November. The
  5    factor will be used in payments of state funds in February and May. Attendance
  6    shall be reported in a format and at a time specified by the state  department
  7    of education.
  8        As  of the thirtieth day of June of each year the state department of edu-
  9    cation shall determine final payments to be made on July fifteenth  next  suc-
 10    ceeding  to  the   several school districts from the public school income fund
 11    for the school year ended June 30. The July payments shall take into consider-
 12    ation:
 13        a.  the average daily attendance of the several school districts  for  the
 14        twenty-eight  (28)  best weeks of the school year completed not later than
 15        the thirtieth of June,
 16        b.  all funds available in the public school income fund  for  the  fiscal
 17        year ending on the thirtieth of June,
 18        c.  all  payments  distributed  for the current fiscal year to the several
 19        school districts,
 20        d.  the adjustment based on the actual amount of discretionary  funds  per
 21        support unit required by the provisions of section 33-1018, Idaho Code,
 22        e.  payments  made  or  due for the transportation support program and the
 23        exceptional education support program. The state department  of  education
 24        shall apportion and direct the payment to the several school districts the
 25        moneys  in the public school income fund in each year, taking into account
 26        the advance made under subsection 2. of this section, in such  amounts  as
 27        will  provide  in full for each district its support program, and not more
 28        than therefor required, and no school district  shall  receive  less  than
 29        fifty dollars ($50.00).
 30        4.  If  the full amount appropriated to the public school income fund from
 31    the general account by the legislature is not transferred to the public school
 32    income fund by the end of the fiscal year, the deficiency resulting  therefrom
 33    shall  either  be restored or reduced through a special transfer from the gen-
 34    eral account in the first sixty (60) days of the  following  fiscal  year,  or
 35    shall  be  calculated  in  computing  district levies, and any additional levy
 36    shall be certified by the state superintendent of public  instruction  to  the
 37    board  of  county  commissioners  and  added to the district's maintenance and
 38    operation levy. If the deficiency is restored or reduced by special  transfer,
 39    the  amount  so transferred shall be in addition to the amount appropriated to
 40    be transferred in such following fiscal year, and shall be apportioned to each
 41    school district in the same amount as each would have received had the  trans-
 42    fer  been  made  in  the year the deficiency occurred. The state department of
 43    education shall distribute to the school district the full amount of the  spe-
 44    cial  transfer as soon as practical after such transfer is made. In making the
 45    levy computations required by this subsection the state department  of  educa-
 46    tion  shall  take into account and consider the full amount of money receipted
 47    into the public school income fund from all sources for the given fiscal year.
 48    Deficits in the transfer of the appropriated amount of general account revenue
 49    to the public school income fund shall be reduced by the amount, if any,  that
 50    the  total  amount  receipted from other sources into the public school income
 51    fund exceeds the official estimated amount from those  sources.  The  official
 52    estimate  of  receipts  from other sources shall be the total amount stated by
 53    the legislature in the appropriation bill. The provisions of  this  subsection
 54    shall not apply to any transfers to or from the public education stabilization
 55    fund.
                                                                        
                                       3
                                                                        
  1        5.  Any apportionments in any year, made to any school district, which may
  2    within  the  succeeding  three  (3) year period be found to have been in error
  3    either of computation or transmittal, may be corrected during  the  three  (3)
  4    year  period  by  reduction  of apportionments to any school district to which
  5    over-apportionments may have been made or received,  and  corresponding  addi-
  6    tions  to  apportionments to any school district to which under-apportionments
  7    may have been made or received.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 16962

The purpose of this legislation is to specify that the first
two payments from the Public School Income Fund shall each be
approximately thirty percent of the total general account
appropriation to the district for the fiscal year, the third
payment twenty percent, and the fourth and fifth payments shall
each be approximately ten percent of the total fiscal year
appropriation.


                          FISCAL IMPACT

Calculations by the Education Department and Legislative
Budget Office indicate there will be no negative impact on the
General Fund.

               

Contact   
Name:     Senator Brad Little
Phone:    332-1303

Dr. Clifford Green
854-1476

STATEMENT OF PURPOSE/FISCAL NOTE                        S 1174