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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
608
BY
EDUCATION
COMMITTEE
AN
ACT
1
RELATING
TO
EDUCATION;
AMENDING
SECTION
33
-
909,
IDAHO
CODE,
TO
REVISE
PRO
-
2
VISIONS
REGARDING
THE
PUBLIC
SCHOOL
FACILITIES
COOPERATIVE
FUNDING
3
PROGRAM;
AND
DECLARING
AN
EMERGENCY
AND
PROVIDING
RETROACTIVE
APPLICA
-
4
TION.
5
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
6
SECTION
1.
That
Section
33
-
909,
Idaho
Code,
be,
and
the
same
is
hereby
7
amended
to
read
as
follows:
8
33
-
909.
PUBLIC
SCHOOL
FACILITIES
COOPERATIVE
FUNDING
PROGRAM
-
-
FUND
9
CREATED.
(1)
In
fulfillment
of
the
constitutional
requirement
to
provide
a
10
general,
uniform
and
thorough
system
of
public,
free
common
schools,
it
is
1
1
the
intent
of
the
state
of
Idaho
to
advance
its
responsibility
for
providing
12
a
safe
environment
conducive
to
learning
by
providing
a
public
school
facil
-
13
ities
funding
program
to
enable
qualifying
school
districts
to
address
un
-
14
safe
facilities
identified
as
unsafe
under
the
standards
of
the
Idaho
uni
-
15
form
school
building
safety
act.
16
(2)
Participation
in
the
program,
for
the
purpose
of
obtaining
state
17
financial
support
to
abate
identified
school
building
safety
hazards,
re
-
18
quires
submission
of
an
application
to
the
public
school
facilities
coopera
-
19
tive
funding
program
panel.
Application
can
be
made
by:
20
(a)
Any
school
district
that
has
failed
to
approve
at
least
one
(1)
or
21
more
bond
or
plant
facility
levies
for
the
repair,
renovation,
or
re
-
22
placement
of
existing
unsafe
facilities
within
the
two
(2)
year
period
23
immediately
preceding
submission
of
the
application;
24
(b)
The
administrator
of
the
division
of
occupational
and
professional
25
licenses
for
a
school
district
that
has
failed
to
address
identified
un
-
26
safe
facilities
as
provided
in
chapter
80,
title
39,
Idaho
Code;
or
27
(c)
Any
school
district
that
has
approved
one
(1)
or
more
bond
or
plant
28
facility
levies
,
within
the
two
(2)
year
period
immediately
preceding
29
submission
of
the
application,
for
the
repair,
renovation,
or
replace
-
30
ment
of
existing
unsafe
facilities,
where
the
cost
of
such
abatement
ex
-
31
ceeds
the
amount
of
moneys
available
from
such
levy
or
levies.
32
(3)
There
is
hereby
created
within
the
state
department
of
education
33
the
Idaho
public
school
facilities
cooperative
funding
program
panel,
here
-
34
after
referred
to
as
the
panel.
The
panel
shall
consist
of
the
administra
-
35
tor
of
the
division
of
occupational
and
professional
licenses,
the
adminis
-
36
trator
of
the
division
of
public
works,
and
the
superintendent
of
public
in
-
37
struction,
or
a
designee
appointed
by
a
panel
member.
It
shall
be
the
duty
38
of
the
panel
to
consider
all
applications
made
to
it
and
to
approve,
modify
39
or
reject
an
application
based
upon
the
most
economical
solution
to
the
prob
-
40
lem,
as
analyzed
within
a
projected
twenty
(20)
year
time
frame.
41
(4)
The
application
shall
contain
the
following
information:
42
2
(a)
The
identified
school
building
safety
hazards
and
such
other
infor
-
1
mation
necessary
to
document
the
deficiencies;
2
(b)
The
school
district's
plan
for
abating
the
defects,
including
costs
3
and
sources
and
amounts
of
revenue
available
to
the
school
district;
4
(c)
The
market
value
for
assessment
purposes
of
the
school
district;
5
and
6
(d)
A
detailed
accounting
of
all
bond
and
plant
facility
levies
of
the
7
school
district
and
the
revenues
raised
by
such
levies.
8
For
applications
initiated
by
the
administrator
of
the
division
of
occu
-
9
pational
and
professional
licenses
pursuant
to
subsection
(2)(b)
of
this
10
section,
the
school
district
shall
provide
the
information
required
in
this
1
1
subsection
if
such
information
is
not
available
to
the
administrator.
12
(5)(a)
If
the
panel
determines
that
it
requires
additional
plans
and
13
information,
it
may
authorize
the
expenditure
of
up
to
one
hundred
fifty
14
thousand
dollars
($150,000)
per
application
from
the
public
school
fa
-
15
cilities
cooperative
fund
for
the
procurement
thereof.
In
considering
16
an
application,
the
panel
shall
determine
whether
the
plan
as
proposed
17
is
acceptable,
is
acceptable
with
modifications
as
determined
by
the
18
panel,
or
should
be
rejected.
If
the
application
is
approved
or
ap
-
19
proved
with
modifications,
any
expenditures
authorized
by
the
panel
20
pursuant
to
this
subsection
shall
be
added
to
the
project.
The
panel
21
shall
notify
the
applicant
of
its
decision,
in
writing,
within
ninety
22
(90)
days
of
receiving
the
application.
At
the
same
time
the
panel
no
-
23
tifies
the
applicant,
the
panel
shall
send
notification
of
an
approved
24
application
or
a
modified
application
to
the
state
department
of
edu
-
25
cation,
along
with
the
panel's
specifications
for
the
project
and
its
26
cost.
27
(b)
The
panel
may
authorize
modifications
to
the
approved
plan
at
any
28
time
prior
to
the
completion
of
the
project,
giving
consideration
to
the
29
interests
of
the
school
district,
the
students
and
the
electors
in
its
30
determination.
Such
modification
may
alter
the
scope
of
work
or
ter
-
31
minate
the
approved
plan.
All
modifications
must
meet
the
standards
as
32
outlined
in
this
section.
33
(6)
If
either
an
application
received
pursuant
to
subsection
(2)(b)
of
34
this
section
is
accepted
or
modified
by
the
panel
or
the
amount
approved
by
35
the
panel
is
less
than
the
smallest
levy
amount
rejected
pursuant
to
subsec
-
36
tion
(2)(a)
of
this
section
,
then
the
local
board
of
trustees
of
that
school
37
district,
at
the
next
election
held
pursuant
to
section
34
-
106,
Idaho
Code,
38
shall
submit
the
question
to
the
qualified
electors
of
the
school
district
of
39
whether
to
approve
a
bond
or
plant
facility
levy
in
the
amount
of
the
cost
of
40
the
project
as
approved
by
the
panel.
If
the
question
to
the
qualified
elec
-
41
tors
is
not
approved
at
the
election,
the
department
shall
remit
payment
to
42
the
district
pursuant
to
subsection
(9)(a)
of
this
section.
43
(7)
For
applications
approved
or
modified
by
the
panel
that
are
submit
-
44
ted
pursuant
to
subsection
(2)(b)
of
this
section
or
those
that
exceed
five
45
million
dollars
($5,000,000)
in
cost,
within
thirty
-
five
(35)
calendar
days
46
of
receiving
notification
from
the
panel
that
an
application
submitted
by
47
the
administrator
of
the
division
of
occupational
and
professional
licenses
48
pursuant
to
subsection
(2)(b)
of
this
section
has
been
approved
or
modified
49
by
the
panel,
or
within
thirty
-
five
(35)
calendar
days
of
receiving
certifi
-
50
3
cation
from
the
panel
that
the
question
submitted
to
the
electorate
pursuant
1
to
subsection
(6)
of
this
section
was
not
approved
in
the
election,
the
su
-
2
perintendent
of
public
instruction
shall
appoint
a
district
supervisor
for
3
interim
state
supervision
of
the
local
school
district.
The
district
super
-
4
visor
shall
be
responsible
for
ensuring
that
the
project,
as
approved
by
the
5
panel,
is
completed
and
shall
regularly
report
to
the
panel
in
a
manner
as
de
-
6
termined
by
the
panel
upon
approval
of
the
project.
The
district
supervisor
7
shall
also
have
the
authority
granted
to
said
position
by
the
provisions
of
8
section
6
-
2212,
Idaho
Code.
A
district
supervisor's
term
of
service
shall
9
continue
for
the
duration
of
the
project,
and
such
person
appointed
as
a
dis
-
10
trict
supervisor
shall
serve
at
the
pleasure
of
the
superintendent
of
public
1
1
instruction.
12
(8)
The
abatement
of
unsafe
public
school
facilities
through
the
pub
-
13
lic
school
facilities
cooperative
funding
program
shall
be
performed
exclu
-
14
sively
in
accordance
with
the
regular
permitting,
plan
review
and
inspection
15
requirements
of
the
division
of
occupational
and
professional
licenses.
The
16
state
fire
marshal
shall
have
exclusive
authority
to
perform
the
powers
and
17
duties
prescribed
in
section
41
-
254,
Idaho
Code,
for
such
facilities
while
18
the
unsafe
condition
is
being
abated.
The
Idaho
building
code
board
shall
19
function
as
a
board
of
appeals
for
the
division
of
occupational
and
profes
-
20
sional
licenses
for
such
construction
in
accordance
with
the
provisions
of
21
section
39
-
4107,
Idaho
Code.
Upon
successful
completion
of
the
construc
-
22
tion
in
accordance
with
applicable
building
codes,
a
certificate
of
occu
-
23
pancy
shall
be
issued
by
the
administrator
of
the
division
of
occupational
24
and
professional
licenses.
Upon
issuance
of
a
certificate
of
occupancy,
re
-
25
sponsibility
for
ensuring
the
safety
of
the
facility
or
portion
thereof
so
26
constructed
will
then
be
returned
to
the
school
district
and
responsibility
27
for
ensuring
subsequent
compliance
with
building
codes
returned
to
the
au
-
28
thority
having
jurisdiction.
29
(9)
Upon
approval
of
an
application
or
a
modified
application
submitted
30
by
the
administrator
of
the
division
of
occupational
and
professional
li
-
31
censes
pursuant
to
subsection
(2)(b)
of
this
section,
or
upon
receipt
of
32
certification
from
the
county
that
the
question
submitted
to
the
electorate
33
pursuant
to
subsection
(6)
of
this
section
was
not
approved
in
the
election
,
34
the
panel
shall
certify
the
cost
of
the
project,
as
approved
by
the
panel,
to
35
the
state
department
of
education.
36
(a)
The
total
cost
of
the
project
,
less
any
school
district
funds
being
37
provided,
including
bond
or
plant
facility
funds
available
pursuant
38
to
an
application
made
under
subsection
(2)(c)
of
this
section,
shall
39
initially
be
paid
by
the
state
from
the
public
school
facilities
co
-
40
operative
fund.
If
the
panel
determines
that
the
amount
it
approved
41
is
insufficient
to
complete
the
project
in
a
satisfactory
manner,
the
42
panel
may
request
a
legislative
appropriation
of
additional
moneys
from
43
the
public
school
facilities
cooperative
fund.
If
such
an
appropria
-
44
tion
is
approved,
these
additional
moneys
shall
be
added
to
the
cost
of
45
the
project.
46
(b)
The
district's
share
of
costs
shall
be
based
upon
actual
funds
ex
-
47
pended.
The
district's
share
of
costs
that
may
be
repaid
through
the
48
payment
provisions
of
this
section
shall
not
exceed
the
district's
49
share
of
bond
payment
costs
as
would
have
been
calculated
for
the
bond
50
4
levy
equalization
support
program,
as
if
such
program
still
existed,
1
in
the
fiscal
year
in
which
the
application
is
made.
Interest
If
the
2
bond
levy
equalization
fund
index
for
the
district
is
less
than
1.00,
3
the
district
share
shall
be
discounted
by
the
percentage
difference
4
between
the
index
value
and
1.00.
However,
if
the
index
value
is
1.50
or
5
below,
the
discount
shall
be
no
less
than
ten
percent
(10%)
of
the
sim
-
6
ple
interest,
as
calculated
by
the
department
over
a
term
not
to
exceed
7
twenty
(20)
years
based
on
the
interest
rate
charged
pursuant
to
the
8
provisions
of
this
paragraph.
Simple
interest
shall
be
charged
on
the
9
unpaid
balance
of
the
district's
share
of
costs,
as
such
balance
exists
10
at
the
end
of
each
fiscal
year,
at
the
average
rate
of
interest
earned
by
1
1
the
state
treasurer
on
the
investment
of
idle
funds
in
that
the
fiscal
12
year
in
which
the
application
is
made.
For
the
first
year,
the
simple
13
interest
calculation
shall
be
based
on
the
actual
number
of
days
since
14
the
initial
payment
to
the
district
.
15
(c)
It
shall
be
the
responsibility
of
the
state
department
of
educa
-
16
tion
to
calculate
a
payment
in
accordance
with
the
provisions
of
subsec
-
17
tion
(10)
of
this
section,
which,
when
imposed
over
a
maximum
period
not
18
to
exceed
twenty
(20)
years,
may
yield
the
revenues
needed
to
repay
the
19
school
district's
share
of
the
cost
of
the
project.
The
provisions
of
20
this
paragraph
shall
not
apply
to
owed
payments
that
are
not
made
by
the
21
district
pursuant
to
subsection
(10)(a)
of
this
section.
22
(d)
The
payment
calculated
by
the
state
department
of
education
shall
23
be
certified
by
the
department
to
the
school
district.
The
revenues
24
collected
by
imposition
of
the
payment
from
the
school
district
facili
-
25
ties
fund
in
section
33
-
911,
Idaho
Code,
shall
be
remitted
to
the
state
26
treasurer
for
deposit
to
the
public
school
facilities
cooperative
fund.
27
(10)(a)
The
annual
payment
shall
be
the
amount
received
by
the
school
28
district
pursuant
to
section
33
-
911,
Idaho
Code,
that
is
applied
pur
-
29
suant
to
section
33
-
911(2)(b),
Idaho
Code.
This
payment
shall
be
remit
-
30
ted
annually
by
September
15
of
each
year.
If
payments
are
not
made
by
31
the
district
pursuant
to
section
33
-
911(2)(b),
Idaho
Code,
the
twenty
32
(20)
year
term
outlined
in
subsection
(9)(b)
of
this
section
shall
be
33
extended
by
the
number
of
annual
payments
not
made
by
the
district
if
34
there
was
a
distribution
made
pursuant
to
section
33
-
911(2)(b),
Idaho
35
Code.
36
(b)
The
amount
calculated
for
the
initial
payment
pursuant
to
paragraph
37
(a)
of
this
subsection
shall
be
established
as
the
minimum
payment
that
38
payment
shall
be
made
for
the
amount
of
time
required
to
reimburse
the
39
state
for
the
school
district's
share
of
the
project
cost,
but
not
to
40
exceed
twenty
(20)
years,
unless
payments
are
not
made
as
outlined
in
41
subsection
(9)(a)
of
this
section,
even
if
this
period
would
not
provide
42
reimbursement
of
the
entire
amount
of
the
school
district's
share
of
43
the
cost
of
the
project
,
including
any
appropriate
interest
.
The
state
44
department
of
education
is
authorized
and
directed
to
recalculate
the
45
payment
on
an
annual
basis
and
is
authorized
to
increase
or
decrease
the
46
payment
according
to
the
payment
schedule
,
but
the
payment
shall
not
be
47
less
than
the
payment
initially
imposed
.
Provided
however,
if
the
pay
-
48
ment
calculated
is
estimated
to
raise
more
money
than
would
be
necessary
49
to
repay
the
district's
share
of
costs,
then
the
state
department
of
50
5
education
shall
certify
to
the
school
district
the
moneys
necessary
to
1
repay
the
district's
share
of
costs.
2
(c)
Within
sixty
(60)
days
of
the
issuance
of
the
certificate
of
occu
-
3
pancy
pursuant
to
subsection
(8)
of
this
section,
the
school
district
4
shall
report
to
the
state
department
of
education
the
total
amount
of
5
any
project
savings
based
on
the
difference
between
the
amount
origi
-
6
nally
paid
pursuant
to
subsection
(9)(a)
of
this
section
for
the
project
7
and
the
actual
costs
incurred,
including
any
contracted
costs
not
yet
8
paid.
The
state
department
of
education
shall
verify
the
reported
9
savings.
Upon
verification,
project
savings
shall
be
returned
by
the
10
school
district
to
the
public
school
facilities
cooperative
fund
within
1
1
thirty
(30)
days
of
receiving
notice
of
verification
from
the
state
12
department
of
education.
The
amount
returned
shall
then
be
applied
to
13
reduce
the
school
district's
remaining
unpaid
share
of
costs
pursuant
14
to
the
payment
schedule
calculated
in
subsection
(10)
of
this
section.
15
(11)
There
is
hereby
created
in
the
state
treasury
a
public
school
fa
-
16
cilities
cooperative
fund.
The
fund
shall
contain
such
moneys
as
may
be
17
directed
pursuant
to
appropriation.
Moneys
in
the
fund
shall
be
used
exclu
-
18
sively
to
finance
the
public
school
facilities
cooperative
funding
program,
19
except
as
provided
in
subsection
(9)(a)
of
this
section,
and
are
hereby
20
continuously
appropriated
for
such
purposes
as
authorized
by
this
section.
21
Moneys
in
the
fund
shall
be
invested
by
the
state
treasurer
in
the
same
manner
22
as
provided
under
section
67
-
1210,
Idaho
Code,
with
respect
to
other
idle
23
moneys
in
the
state
treasury.
Interest
earned
on
the
investments
shall
be
24
retained
by
the
fund.
25
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
26
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
its
27
passage
and
approval,
and
retroactively
to
June
1,
2025.
28