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H0183..........................................................by EDUCATION
SCHOOL BUILDING MAINTENANCE - Amends existing law to provide for
application of expenditures for school building maintenance in excess of a
specified percentage as a credit against the required annual allocation for
school building maintenance; to clarify uses of allocated moneys; to
clarify calculation of replacement value; to revise the definition of
"school building"; and to define "annually."
02/13 House intro - 1st rdg - to printing
02/14 Rpt prt - to Educ
02/22 Rpt out - rec d/p - to 2nd rdg
02/23 2nd rdg - to 3rd rdg
02/28 3rd rdg - PASSED - 70-0-0
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew,
Clark, Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart,
Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador,
Lake, LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin,
Mortimer, 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 -- None
Absent and excused -- None
Floor Sponsor - Bedke
Title apvd - to Senate
03/01 Senate intro - 1st rdg - to Educ
03/06 Rpt out - rec d/p - to 2nd rdg
03/07 2nd rdg - to 3rd rdg
03/13 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
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 -- None
Floor Sponsors - Keough & McKenzie
Title apvd - to House
03/14 To enrol
03/15 Rpt enrol - Sp signed - Pres signed
03/16 To Governor
03/21 Governor signed
Session Law Chapter 142
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 183
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO SCHOOL BUILDING MAINTENANCE; AMENDING SECTION 33-1019, IDAHO CODE,
3 TO PROVIDE FOR APPLICATION OF EXPENDITURES FOR SCHOOL BUILDING MAINTENANCE
4 IN EXCESS OF A SPECIFIED PERCENTAGE AS A CREDIT AGAINST THE REQUIRED
5 ANNUAL ALLOCATION FOR SCHOOL BUILDING MAINTENANCE, TO PROVIDE CORRECT TER-
6 MINOLOGY, TO CLARIFY USES OF ALLOCATED MONEYS, TO CLARIFY CALCULATION OF
7 REPLACEMENT VALUE, TO REVISE THE DEFINITION OF "SCHOOL BUILDING" AND TO
8 DEFINE "ANNUALLY"; AMENDING SECTION 39-8011, IDAHO CODE, TO PROVIDE COR-
9 RECT TERMINOLOGY; DECLARING AN EMERGENCY AND PROVIDING RETROACTIVE APPLI-
10 CATION.
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. That Section 33-1019, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 33-1019. ALLOCATION FOR SCHOOL BUILDING MAINTENANCE REQUIRED. (1) School
15 districts shall annually deposit to a allocate moneys for school building
16 maintenance fund moneys from any source available to the district equal to at
17 least two percent (2%) of the replacement value of school buildings, less the
18 deposit receipt of state funds as provided in this section. Any school dis-
19 trict expending more than four percent (4%) of the replacement value of school
20 buildings for school building maintenance in any single fiscal year, beginning
21 with the expenditures of fiscal year 2005, may apply the excess as a credit
22 against the two percent (2%) requirement of this section until such credit is
23 depleted or fifteen (15) years have expired. The state shall annually provide
24 funds to be deposited into the allocated for school building maintenance fund
25 as follows:
26 (a) Divide one (1) by the school district's value index for the fiscal
27 year, as calculated pursuant to section 33-906B, Idaho Code; and
28 (b) Multiply the result by one-half of one percent (0.5%) of the replace-
29 ment value of school buildings.
30 (c) For purposes of the calculation in this subsection (1), public
31 charter schools shall be assigned a value index of one (1).
32 (2) State funds shall be appropriated through the educational support
33 program/division of facilities, and disbursed from the school district build-
34 ing account. The order of funding sources used to meet the state funding
35 requirements of this section shall be as follows:
36 (a) State lottery funds distributed pursuant to section 33-905(2), Idaho
37 Code;
38 (b) If state lottery funds are insufficient to meet the state funding
39 requirements of this section, then other state funds available pursuant to
40 section 33-905(3), Idaho Code, shall be utilized; and
41 (c) If the funds in paragraphs (a) and (b) of this subsection (2) are
42 insufficient to meet the state funding requirements of this section, then
43 funds available pursuant to section 33-1018B, Idaho Code, shall be uti-
2
1 lized.
2 (3) Moneys in a school district's allocated for school building mainte-
3 nance fund shall be used exclusively for the maintenance and repair of school
4 buildings or any serious or imminent safety hazard on the property of said
5 school buildings as identified pursuant to chapter 80, title 39, Idaho Code,
6 and shall be utilized, first, to abate serious or imminent safety hazards, as
7 identified pursuant to chapter 80, title 39, Idaho Code. Unexpended moneys in
8 a school district's school building maintenance fund allocation shall be car-
9 ried over from year to year, and shall remain allocated for the purposes spec-
10 ified in this subsection (3). The replacement value of school buildings shall
11 be determined by multiplying the number of square feet of building floor space
12 in school buildings by eighty dollars ($80.00). Notwithstanding the definition
13 in subsection (4) of this section, school buildings that are less than one (1)
14 year old on the first day of school shall not be used in the replacement value
15 calculation. The joint finance-appropriations committee shall annually review
16 the replacement value per square foot when setting appropriations for the edu-
17 cational support program, and may make adjustments to this figure as neces-
18 sary. School districts shall submit the following to the state department of
19 education by not later than December 1:
20 (a) The number of square feet of school building floor space; and
21 (b) The funds and fund sources deposited into the school district's allo-
22 cated for school building maintenance fund and the fund balance any unex-
23 pended allocations carried forward from the prior fiscal years; and
24 (c) The projects on which moneys from the school district's school build-
25 ing maintenance fund allocation were expended, and the amount and catego-
26 ries of expenditures; from the fund; and
27 (d) The planned uses of moneys in the school district's school building
28 maintenance fund allocation.
29 The state department of education shall transmit a summary of such reports to
30 the legislature by not later than January 15 of the following year.
31 (4) For the purposes of this section:
32 (a) "School building" means buildings that are owned by the school dis-
33 trict or leased by the school district through a lease-purchase agreement
34 and are regularly occupied by students.
35 (b) "School district" means a school district or public charter school.
36 (c) "Annually" means each fiscal year.
37 SECTION 2. That Section 39-8011, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 39-8011. VIOLATIONS. (1) If a school district, the district superintend-
40 ent, principal, board of trustees, or other person in charge willfully vio-
41 lates the provisions of this chapter, the state superintendent of public
42 instruction shall withhold such ensuing apportionments as are necessary to
43 make repairs to abate the identified imminent safety hazard or serious safety
44 hazard. Withheld funds, not to exceed one and one-half percent (1 1/2%) of the
45 district's appropriation, shall be disbursed only to pay for such repairs.
46 (2) If the funds that would be raised over two (2) fiscal years from
47 applying the provisions of subsection (1) of this section are insufficient, in
48 combination with all moneys that will be available in the district's school
49 building maintenance fund allocation for the same period, to provide suffi-
50 cient moneys to abate the identified imminent or serious safety hazard, then
51 the administrator shall submit an application to abate said hazard to the
52 Idaho public school facilities cooperative funding program panel pursuant to
53 section 33-909, Idaho Code.
3
1 (3) It is a misdemeanor to remove, without permission of the administra-
2 tor, a notice or order posted pursuant to this chapter.
3 SECTION 3. An emergency existing therefor, which emergency is hereby
4 declared to exist, this act shall be in full force and effect on and after its
5 passage and approval, and retroactively to July 1, 2006.
STATEMENT OF PURPOSE
RS 16739C1
This legislation is a follow-up to HB 743, which was passed by
the 2006 Legislature in order to meet the state's constitutional
mandate to provide for safe school facilities. The purpose of
this legislation is to make the school maintenance requirements
of HB 743 easier for school districts to implement. To this end,
the bill:
1) Makes the provisions easier for school district
accounting staff by providing that districts must make
an allocation for building maintenance, rather than
establish a separate maintenance fund.
2) Permits districts to spend allocated maintenance money
outside the school building, if it is spent on certain
safety hazards.
3) Allows any maintenance spending above 4% of the
replacement value district school buildings to be
carried forward as a credit for future fiscal years,
and applied against the 2% minimum allocation
requirement.
4) Excludes square footage of school buildings that are
less than a year old from the maintenance allocation
requirement (under warrantee for first year).
FISCAL NOTE
No fiscal impact to the state. The 4% credit feature may ease
the building maintenance requirements for districts that spend
maintenance money on an irregular schedule.
Contact
Name: Rep. Lawerence Denney, Scott Bedke
Phone: (208) 332-1000
Senator Shawn Keough, Senator Curt McKenzie
STATEMENT OF PURPOSE/FISCAL NOTE H 183