2008 Legislation
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HOUSE BILL NO. 384<br /> – Higher educ facility matching funds

HOUSE BILL NO. 384

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Bill Status



H0384..........................................................by EDUCATION
HIGHER EDUCATION FACILITIES - MATCHING FUNDS - Adds to existing law
relating to higher education facilities to provide legislative intent; to
provide for the creation and operation of the Higher Education Facilities
Matching Fund; to require matching funds raised from nonstate sources; to
provide for the appropriation and use of the fund; and to provide for
rulemaking authority.

01/22    House intro - 1st rdg - to printing
01/23    Rpt prt - to Educ
02/15    Rpt out - rec d/p - to 2nd rdg
02/18    2nd rdg - to 3rd rdg
02/20    3rd rdg - PASSED - 65-1-4
      AYES -- Anderson, Andrus, Bayer, Bell, Bilbao, Black, Block, Bock,
      Boe, Bolz, Bowers, Bradford, Chadderdon, Chavez, Chew, Clark,
      Collins, Crane, Durst, Eskridge, Hagedorn, Hart, Harwood,
      Henbest(Burgoyne), Henderson, Jaquet, Killen, King, Kren, Labrador,
      Lake, LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin,
      Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould,
      Ringo, Ruchti, Rusche, Sayler, Schaefer, Shepherd(02), Shepherd(08),
      Shirley, Shively, Smith(24), Smith(30)(Stanek), Snodgrass, Stevenson,
      Thayn, Thomas, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr.
      Speaker
      NAYS -- Barrett
      Absent and excused -- Bedke, Brackett, Patrick, Roberts
    Floor Sponsor - Shirley
    Title apvd - to Senate
02/21    Senate intro - 1st rdg - to Educ
03/04    Rpt out - rec d/p - to 2nd rdg
03/05    2nd rdg - to 3rd rdg
03/06    3rd rdg - FAILED - 7-25-3
      AYES -- Andreason, Darrington, Goedde, Jorgenson, Langhorst, Little,
      Stegner
      NAYS -- Bair, Bastian, Bilyeu, Cameron, Coiner, Corder, Davis,
      Fulcher, Geddes, Hammond, Heinrich, Hill, Kelly, Keough, Lodge,
      Malepeai(Sagness), McGee, McKague, McKenzie, Pearce, Richardson,
      Schroeder, Siddoway, Stennett, Werk
      Absent and excused -- Broadsword, Burkett, Gannon
    Floor Sponsor - Jorgenson
    Held for reconsideration
    Motion to reconsider FAILED
    Ret'd to House
    Filed in Office of the Chief Clerk

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                              IN THE HOUSE OF REPRESENTATIVES

                                     HOUSE BILL NO. 384

                                   BY EDUCATION COMMITTEE

  1                                        AN ACT
  2    RELATING TO HIGHER EDUCATION FACILITIES; AMENDING TITLE 57, IDAHO CODE, BY THE
  3        ADDITION OF A NEW CHAPTER 10, TITLE 57, IDAHO CODE,  TO  PROVIDE  A  SHORT
  4        TITLE,  TO  PROVIDE  LEGISLATIVE  INTENT,  TO PROVIDE FOR THE CREATION AND
  5        OPERATION OF THE HIGHER EDUCATION FACILITIES  MATCHING  FUND,  TO  REQUIRE
  6        CERTAIN MATCHING FUNDS BE RAISED FROM NONSTATE SOURCES, TO PROVIDE FOR THE
  7        APPROPRIATION AND USE OF THE FUND AND TO PROVIDE FOR RULEMAKING AUTHORITY;
  8        PROVIDING SEVERABILITY; AND DECLARING AN EMERGENCY.

  9    Be It Enacted by the Legislature of the State of Idaho:

 10        SECTION  1.  That Title 57, Idaho Code, be, and the same is hereby amended
 11    by the addition thereto of a NEW CHAPTER, to be known and designated as  Chap-
 12    ter 10, Title 57, Idaho Code, and to read as follows:

 13                                      CHAPTER 10
 14                      HIGHER EDUCATION FACILITIES MATCHING FUND

 15        57-1001.  SHORT  TITLE.  This  act shall be known and cited as the "Higher
 16    Education Facilities Matching Fund Act."

 17        57-1002.  LEGISLATIVE  INTENT.  The  legislature  recognizes  that  public
 18    higher education institutions require facilities that are appropriate to  meet
 19    the  needs of students, faculty and staff. Often, in addition to state funding
 20    sources, it is possible for public higher  education  institutions  to  obtain
 21    funds  for  facilities  from  additional sources, such as private individuals,
 22    businesses, foundations and other  nonstate,  public  funding  sources.  As  a
 23    result,  the  legislature  finds and declares that the interests of the public
 24    can often be served by encouraging funding partnerships between the state  and
 25    other  funding  sources  for  the construction and renovation of public higher
 26    education facilities.

 27        57-1003.  HIGHER EDUCATION FACILITIES MATCHING FUND. There is hereby  cre-
 28    ated  in the state treasury a fund to be known as the higher education facili-
 29    ties matching fund. Moneys in the fund shall be comprised  of  appropriations,
 30    donations, contributions, gifts or grants from any source for purposes consis-
 31    tent  with  the  provisions  of this chapter. The state treasurer shall invest
 32    idle moneys in the fund, and the interest earned on such investments shall  be
 33    retained in the fund.

 34        57-1004.  MATCHING  FUNDS  REQUIRED.  Prior  to the transfer of any moneys
 35    from the higher education facilities matching fund to individual projects, the
 36    sponsoring institution shall provide appropriate certification that an  amount
 37    equivalent  to  fifty  percent (50%) of the total cost of the project has been
 38    raised from other nonstate sources and has been  deposited  in  the  financial
 39    accounts of the institution to be applied to the costs of the project.

                                       2

  1        57-1005.  APPROPRIATION OF FUND -- USE. (1) All unencumbered and otherwise
  2    unappropriated  moneys now or hereafter placed in the fund are hereby perpetu-
  3    ally appropriated to the permanent building  fund  advisory  council  and  the
  4    division of public works subject to the provisions of this chapter and chapter
  5    57, title 67, Idaho Code.
  6        (2)  All moneys deposited into the fund shall be dedicated for the purpose
  7    of  building  needed structures, renovations and remodeling of existing struc-
  8    tures at Idaho's public institutions of higher education.

  9        57-1006.  RULES. Rules governing the use  of  moneys  deposited  into  the
 10    higher  education  facilities matching fund shall be promulgated by the perma-
 11    nent building fund advisory council, as  created  in  section  67-5710,  Idaho
 12    Code,  in  consultation  with  the  state  board of education and the board of
 13    regents of the university of Idaho, including rules establishing a  means  for
 14    institutions  to apply for moneys from the fund and rules governing priorities
 15    for use of fund moneys.

 16        SECTION 2.  SEVERABILITY.  The provisions of this act are hereby  declared
 17    to  be  severable  and if any provision of this act or the application of such
 18    provision to any person or circumstance is declared invalid  for  any  reason,
 19    such  declaration  shall  not affect the validity of the remaining portions of
 20    this act.

 21        SECTION 3.  An emergency existing  therefor,  which  emergency  is  hereby
 22    declared to exist, this act shall be in full force and effect on and after its
 23    passage and approval.

Statement of Purpose / Fiscal Impact


                   STATEMENT OF PURPOSE

                         RS 17364

The purpose of this legislation is to promote private giving for 
construction of higher education facilities in Idaho by 
providing for matching funds from the legislature.



                        FISCAL NOTE

The bill contemplates no adverse fiscal impact in that there is 
no requirement for legislative appropriation.  When the 
legislature is able to appropriate funds, the overall fiscal 
impact is positive in that it will result in any state 
appropriated funds being leveraged 100% by private donations for 
use in constructing higher education facilities in Idaho.




CONTACT
Name:	Marty Peterson
Agency:	Office of the State Board of Education
Phone:	364-4033


STATEMENT OF PURPOSE/FISCAL NOTE	                  H 384