2007 Legislation
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SENATE BILL NO. 1238 – Approp, Public Schools, Facilities

SENATE BILL NO. 1238

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Bill Status



S1238............................................................by FINANCE
APPROPRIATIONS - PUBLIC SCHOOLS - FACILITIES - Appropriates $32,772,600 to
the Educational Support Program/Division of Facilities for fiscal year
2008; provides for the transfer and appropriation of moneys to the Bond
Levy Equalization Fund; limits funds distributed to the General Fund from
the cigarette and tobacco products taxes; authorizing an expenditure to
conduct a study and develop plans regarding school safety and security; and
amends existing law to allow refinancing bonds to qualify for bond levy
equalization funds under certain circumstances and to provide for an
increase in the multiplier for the replacement value of school buildings.

03/16    Senate intro - 1st rdg - to printing
03/19    Rpt prt - to Fin
    Rpt out - rec d/p - to 2nd rdg
03/20    2nd rdg - to 3rd rdg
03/27    3rd rdg - PASSED - 33-0-2
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword,
      Burkett(Cronin), Cameron, Coiner, Corder, Darrington, Davis, Fulcher,
      Gannon, Geddes, Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly,
      Keough, Langhorst, Little, Lodge, Malepeai, McGee, McKague,
      Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk(Douglas)
      NAYS -- None
      Absent and excused -- McKenzie, Pearce
    Floor Sponsor - Werk(Douglas)
    Title apvd - to House
03/27    House intro - 1st rdg - to 2nd rdg
    Rls susp - PASSED - 66-1-3
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew,
      Clark, Crane, Edmunson, Eskridge, Hagedorn, Hart, Harwood, Henbest,
      Henderson, Jaquet, Killen, King, Kren, Labrador, LeFavour,
      Loertscher, Luker, Marriott, Mathews, McGeachin, Moyle, Nielsen,
      Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring, Ringo,
      Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8),
      Shirley, Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thayn,
      Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker
      NAYS -- Mortimer
      Absent and excused -- Collins, Durst, Lake
    Floor Sponsor - Ringo
    Title apvd - to Senate
03/28    To enrol - Rpt enrol - Pres signed - Sp signed
    To Governor
04/02    Governor signed
         Session Law Chapter 354
         Effective: 07/01/07

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1238
                                                                        
                                    BY FINANCE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE APPROPRIATION FOR THE PUBLIC SCHOOLS DIVISION  OF  FACILITIES;
  3        APPROPRIATING FUNDS TO THE EDUCATIONAL SUPPORT PROGRAM/DIVISION OF FACILI-
  4        TIES FOR FISCAL YEAR 2008; TRANSFERRING AND APPROPRIATING CERTAIN FUNDS TO
  5        THE  BOND  LEVY  EQUALIZATION  FUND;  LIMITING THE AMOUNT OF CIGARETTE AND
  6        TOBACCO PRODUCTS TAX REVENUE DEPOSITED IN THE GENERAL FUND FOR  BOND  LEVY
  7        EQUALIZATION;  DIRECTING  THAT UP TO $150,000 MAY BE EXPENDED FOR A SCHOOL
  8        SAFETY AND SECURITY STUDY; AMENDING SECTION 33-906, IDAHO CODE,  TO  ALLOW
  9        FOR  REFINANCING  BONDS  TO QUALIFY FOR BOND LEVY EQUALIZATION FUNDS UNDER
 10        CERTAIN CIRCUMSTANCES;  AND  AMENDING  SECTION  33-1019,  IDAHO  CODE,  TO
 11        INCREASE THE MULTIPLIER FOR THE REPLACEMENT VALUE OF SCHOOL BUILDINGS.
                                                                        
 12    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 13        SECTION  1.  There  is  hereby  appropriated  to  the  Educational Support
 14    Program/Division of Facilities, pursuant to law and  the  provisions  of  this
 15    act, the following amounts to be expended from the listed funds for the period
 16    July 1, 2007, through June 30, 2008:
 17    FROM:
 18    School District Building Account                                   $20,322,600
 19    General Fund                                                        12,450,000
 20      TOTAL                                                            $32,772,600
                                                                        
 21        SECTION  2.  Of  the General Fund moneys appropriated in Section 1 of this
 22    act, the amount necessary to fund the  provisions  of  Section  33-906,  Idaho
 23    Code, is hereby transferred and appropriated from the General Fund to the Bond
 24    Levy Equalization Fund.
                                                                        
 25        SECTION  3.  The  provisions  of  subsection (4) of Section 63-2520, Idaho
 26    Code, notwithstanding, the amount of revenue distributed to the General  Fund,
 27    pursuant  to  subsection  (4) of Section 63-2520, Idaho Code, shall not exceed
 28    $6,535,000 for the period July 1, 2007, through June 30, 2008.
                                                                        
 29        SECTION 4.  Of the General Fund moneys appropriated in Section 1  of  this
 30    act,  up  to $150,000 may be expended by the Superintendent of Public Instruc-
 31    tion to conduct a study and develop plans that address  the  issue  of  school
 32    safety  and security. Such plans shall include, but not be limited to, compil-
 33    ing an inventory of security features  currently  in  place  in  Idaho  public
 34    schools,  the  development  of  security standards for future school buildings
 35    built in Idaho, and the development of cost-effective measures  for  improving
 36    school security in existing buildings.
                                                                        
 37        SECTION  5.  That  Section  33-906, Idaho Code, be, and the same is hereby
 38    amended to read as follows:
                                                                        
 39        33-906.  BOND LEVY EQUALIZATION SUPPORT PROGRAM. (1) Pursuant  to  section
                                                                        
                                       2
                                                                        
  1    33-906B,  Idaho  Code, school districts with a value index below one (1) shall
  2    be eligible to receive additional state financial assistance for the  cost  of
  3    annual  bond interest and redemption payments made on bonds passed on or after
  4    September 15, 2002. However, any school district with a value  index  of  less
  5    than  one  and one-half (1.5), shall receive no less than ten percent (10%) of
  6    the interest cost portion of the annual bond interest and  redemption  payment
  7    for  bonds passed on or after September 15, 2002. The state department of edu-
  8    cation shall disburse such funds to school districts from moneys  appropriated
  9    from  the bond levy equalization fund. The department shall disburse the funds
 10    by no later than September 1 of each year for school districts in which voters
 11    have approved the issuance of qualifying bonds by no later than January  1  of
 12    that  calendar  year,  and which are certifying a qualifying bond interest and
 13    redemption payment for the fiscal year in which the disbursement is made.  For
 14    districts with a value index below one (1), the percentage of each annual bond
 15    interest  and redemption payment that is paid by the state shall be determined
 16    by dividing the difference between one (1) and  the  school  district's  value
 17    index by one (1).
 18        (2)  For  the  purposes  of  this  section,  the  annual bond interest and
 19    redemption payment shall be determined by dividing the total  payment  amounts
 20    by  the  number of fiscal years in which payments are to be made. The interest
 21    cost portion of the annual bond  interest  and  redemption  payment  shall  be
 22    determined  by  dividing the total interest paid by the number of fiscal years
 23    in which payments are to be made. For school districts not  qualifying  for  a
 24    state  payment  in  the first year of the bond interest and redemption payment
 25    schedule, due solely to the January 1 eligibility deadline, the state  depart-
 26    ment  of  education  shall distribute an additional payment in the next fiscal
 27    year, in the amount of such funds that the school district would  have  other-
 28    wise qualified for in the current fiscal year.
 29        (3)  The  provisions  of  this  section  may  not be utilized to refinance
 30    existing debt or subsidize projects previously  subsidized  by  state  grants,
 31    unless the existing debt being refinanced is a bond passed on or after Septem-
 32    ber 15, 2002; provided however, that any school district that has issued qual-
 33    ifying  bonds  prior  to June 30, 2004, in conformance with this section shall
 34    not be deemed to be refinancing existing debt when the  qualifying  bonds  are
 35    utilized  to  finance  the  acquisition of public school facilities previously
 36    leased or financed through means other than the issuance of general obligation
 37    bonds approved by a two-thirds (2/3) vote at an election called for that  pur-
 38    pose subject to subsection (5) of this section.
 39        (4)  School  districts  shall annually report the status of all qualifying
 40    bonds to the state department of education by January 1 of each year,  includ-
 41    ing  bonds  approved  by the voters, but not yet issued. Information submitted
 42    shall include the following:
 43        (a)  The actual or estimated bond interest and redemption  payment  sched-
 44        ule;
 45        (b)  Any qualifying bond that has been paid off;
 46        (c)  Other  information as may be required by the state department of edu-
 47        cation.
 48        (5)  No school district eligible for participation in the bond levy equal-
 49    ization support program shall be deemed ineligible for  participation  due  to
 50    that  school district's eligibility and prior participation in the safe school
 51    facilities loan and grant program or the Idaho safe schools facilities program
 52    under section 33-804A, 33-1017 or 33-1613, Idaho Code, provided that:
 53        (a)  Such school district notifies the state department  of  education  of
 54        its  desire  and  eligibility to participate in the bond levy equalization
 55        support program; and
                                                                        
                                       3
                                                                        
  1        (b)  Such school district shall  receive  no  state  financial  assistance
  2        under the bond levy equalization support program until the amount to which
  3        it  would  otherwise have been entitled to receive shall equal the amounts
  4        received by the school district under the safe school facilities loan  and
  5        grant  program  or the Idaho safe schools facilities program under section
  6        33-804A, 33-1017 or 33-1613, Idaho Code.
                                                                        
  7        SECTION 6.  That Section 33-1019, Idaho Code, be, and the same  is  hereby
  8    amended to read as follows:
                                                                        
  9        33-1019.  ALLOCATION  FOR SCHOOL BUILDING MAINTENANCE REQUIRED. (1) School
 10    districts shall annually deposit to a school building maintenance fund  moneys
 11    from  any  source available to the district equal to at least two percent (2%)
 12    of the replacement value of school buildings, less the deposit of state  funds
 13    as  provided  in  this  section.  The state shall annually provide funds to be
 14    deposited into the school building maintenance fund as follows:
 15        (a)  Divide one (1) by the school district's value index  for  the  fiscal
 16        year, as calculated pursuant to section 33-906B, Idaho Code; and
 17        (b)  Multiply the result by one-half of one percent (0.5%) of the replace-
 18        ment value of school buildings.
 19        (c)  For  purposes  of  the  calculation  in  this  subsection (1), public
 20        charter schools shall be assigned a value index of one (1).
 21        (2)  State funds shall be appropriated  through  the  educational  support
 22    program/division  of facilities, and disbursed from the school district build-
 23    ing account. The order of funding sources  used  to  meet  the  state  funding
 24    requirements of this section shall be as follows:
 25        (a)  State  lottery funds distributed pursuant to section 33-905(2), Idaho
 26        Code;
 27        (b)  If state lottery funds are insufficient to  meet  the  state  funding
 28        requirements of this section, then other state funds available pursuant to
 29        section 33-905(3), Idaho Code, shall be utilized; and
 30        (c)  If  the  funds  in  paragraphs (a) and (b) of this subsection (2) are
 31        insufficient to meet the state funding requirements of this section,  then
 32        funds  available  pursuant  to section 33-1018B, Idaho Code, shall be uti-
 33        lized.
 34        (3)  Moneys in a school district's school building maintenance fund  shall
 35    be  used  exclusively  for the maintenance and repair of school buildings, and
 36    shall be utilized, first, to abate serious  or  imminent  safety  hazards,  as
 37    identified  pursuant to chapter 80, title 39, Idaho Code. Unexpended moneys in
 38    a school district's school building maintenance fund  shall  be  carried  over
 39    from  year  to year. The replacement value of school buildings shall be deter-
 40    mined by multiplying the number of square feet  of  building  floor  space  in
 41    school  buildings by eighty-one dollars and forty-five cents ($80.001.45). The
 42    joint finance-appropriations committee shall annually review  the  replacement
 43    value  per square foot when setting appropriations for the educational support
 44    program, and may make adjustments to this figure  as  necessary.  School  dis-
 45    tricts  shall submit the following to the state department of education by not
 46    later than December 1:
 47        (a)  The number of square feet of school building floor space; and
 48        (b)  The funds and fund  sources  deposited  into  the  school  district's
 49        school building maintenance fund and the fund balance carried forward from
 50        the prior fiscal year; and
 51        (c)  The projects on which moneys from the school district's school build-
 52        ing  maintenance  fund  were  expended,  and  the amount and categories of
 53        expenditures from the fund; and
                                                                        
                                       4
                                                                        
  1        (d)  The planned uses of moneys in the school district's  school  building
  2        maintenance fund.
  3    The  state department of education shall transmit a summary of such reports to
  4    the legislature by not later than January 15 of the following year.
  5        (4)  For the purposes of this section:
  6        (a)  "School building" means buildings that are owned by the  school  dis-
  7        trict  or leased by the school district through a lease-purchase agreement
  8        and are occupied by students.
  9        (b)  "School district" means a school district or public charter school.

Statement of Purpose / Fiscal Impact


STATEMENT OF PURPOSE
RS16427
This is the Fiscal Year 2008 appropriation for the Division of Facilities portion of the Public Schools budget. The pieces of the Public Schools budget that are part of this division's appropriation include: 1.) Funding for the Bond Levy Equalization program; 2.) The regular distribution to Idaho school districts of all lottery proceeds; 3.) One-time funding for the Superintendent of Public Instruction to conduct a study and develop plans to address school security (Section 4); and 4.) Additional funds distributed to meet the state's matching fund obligations for school facilities maintenance, as required by the School Facilities Improvement Act of 2006 (HB 743). These additional funds will be distributed to any school district in which the state's Lottery distribution is insufficient to meet the state's maintenance match requirement.

FY 2008 represents the first year in which Bond Levy Equalization will be funded entirely from the General Fund. In FY 2007, it was funded by a mix of General Fund dollars and one-time Lottery funds. Prior to FY 2007, it was funded by the Public Schools' share of State Lottery proceeds.

Section 5 amends Section 33-906, Idaho Code, to allow refinancing bonds to be subsidized by the state through Bond Levy Equalization if the bond being refinanced is already subsidized by the state through Bond Levy Equalization.

Section 6 discharges JFAC's statutory duty, by amending Section 33-1019, Idaho Code, to provide for an inflationary adjustment in the replacement value of school buildings, from $80.00 per square foot to $81.45 per square foot. This is equal to the 1.81% inflationary forecast provided for FY 2008 by the Division of Financial Management.


FISCAL NOTE
FY 2007
Approp.
FY 2008
Approp.
Div. of
Facilities
I. STATE APPROPRIATION  
A. Sources of Funds  
1. General Fund $1,291,587,000 $1,367,363,800 $12,450,000
2. Dedicated Funds $51,366,800 $62,334,600 $20,322,600
3. Federal Funds $175,000,000 $215,000,000 $0
4. TOTAL STATE APPROPRIATIONS $1,517,953,800 $1,644,698,400 $32,772,600

General Fund Percent Increase: 

30.8% 5.9% 123.6%

Total Funds Percent Increase:

26.8% 8.3% 43.6%
 
II. PROGRAM DISTRIBUTION  
A. Statutory Requirements  
1. Transportation $64,316,700 $67,032,300 $0
2. Border Contracts $800,000 $1,000,000 $0
3. Exceptional Contracts/Tuition Equivalents $5,750,000 $6,075,000 $0
4. Program Adjustments $435,000 $480,000 $0
5. Salary-based Apportionment $740,842,100 $774,788,600 $0
6. Teacher Incentive Award $313,200 $166,100 $0
7. State Paid Employee Benefits $133,897,900 $139,771,900 $0
8. Early Retirement Program $4,750,000 $4,750,000 $0
9. Bond Levy Equalization $6,300,000 $11,200,000 $11,200,000
10. Idaho Safe & Drug-Free Schools $5,500,000 $7,000,000 $0
11. Sub-total -- Statutory Requirements $962,904,900 $1,012,263,900 $11,200,000
 
B. Other Program Distributions  

1.

Technology $9,800,000 $9,800,000 $0
2. Idaho Reading Initiative $2,800,000 $2,800,000 $0
3. Limited English Proficiency (LEP) $6,040,000 $6,040,000 $0
4. High School Redesign (Gifted & Talented) $500,000 $1,000,000 $0
5. High School Redesign (IDLA) $1,100,000 $2,800,000 $0
6. School Facilities Funding (Lottery) $10,772,900 $19,122,600 $19,122,600
7. School Facilities Maintenance Match $5,650,000 $2,300,000 $2,300,000
8. Classroom Supplies $0 $5,180,000 $0
9. Textbook Allowance $0 $9,950,000 $0
10. ISAT Remediation $0 $5,000,000 $0
11. Dual Credit Class Allowance $0 $0 $0
12. Math Initiative $0 $350,000 $0
13. Ag Replacement Phase-out $0 $3,017,000 $0
14. Safe School Study $0 $150,000 $150,000
15. Rural School Initiative $0 $100,000 $0
16. Federal Funds for Local School Districts $175,000,000 $215,000,000 $0
17. Sub-total -- Other Program Distributions $211,662,900 $282,609,600 $21,572,600
  TOTAL CATEGORICAL EXPENDITURES $1,174,567,800 $1,294,873,500 $32,772,600
III. EDUCATION STABILIZATION FUNDS $0 $0  
IV. STATE DISCRETIONARY FUNDS $343,386,000 $349,824,900  
V. ESTIMATED SUPPORT UNITS 13,500 13,750  
VI. STATE DISCRETIONARY PER SUPPORT $25,436 $25,442  
VII. LOCAL DISCRETIONARY PER SUPPOR $0 $0  
VIII. TOTAL DISCRETIONARY PER SUPPORT $25,436 $25,442  

Contact:Jason Hancock

LegislativeServices Office

Budgetand Policy Analysis

Telephone:334-3531

S 1238