Summary of HB08-1335
Short Title: Building Excellent Schools Today Act

Sponsors: Romanoff/Groff & ...

In order to increase the level of state financial assistance provided to school districts and charter schools so that needed public school facility capital construction projects can be completed more quickly, replaces existing programs that authorize the provision of capital construction assistance to school districts and charter schools through matching grants from the school construction and renovation fund and the school capital construction expenditures reserve and loans from the permanent school fund, with a new financial assistance program. In creating the new program:
* Creates the public school capital construction assistance fund (assistance fund), and, for any fiscal year commencing on or after July 1, 2008, requires lottery proceeds that would otherwise be transferred to the general fund pursuant to the state constitution and specified amounts of income, mineral royalties, and interest derived from state public school lands (public school lands income) to be credited to the assistance fund.
* Subject to a specified exception, requires an emergency reserve in a specified amount to be maintained within the assistance fund during each fiscal year and allows the public school capital construction assistance board (board), subject to the approval of the state board of education (state board), to expend moneys from the reserve only to address a public school facility emergency.
* Requires all interest and income earned on the deposit and investment of moneys in the assistance fund to be credited to the assistance fund, and requires all interest and income earned on the deposit and investment of moneys in the emergency reserve to be credited to the emergency reserve.
* Effective July 1, 2008, abolishes the school construction and renovation fund, the school capital construction expenditures reserve, the school capital construction expenditures reserve fund, and the lottery proceeds contingency reserve fund, and transfers their balances to the assistance fund.
* Creates the division of public school capital construction assistance (division) as a type 2 agency and the board as a type 1 agency within the department of education.
* States that the function of the division is to provide professional and technical support to the board so that financial assistance can be provided for public schools in an equitable, efficient, and effective manner, and specifies the powers and duties of the division.
* Specifies the means of appointment, terms, and required qualifications of the members of the board, and states that the function of the board is to protect the health and safety of students, teachers, and other persons using public school facilities and maximize student achievement by ensuring that the condition and capacity of public school facilities are sufficient to provide a safe and uncrowded environment that is conducive to students' learning.
* Requires the board to perform its function by ensuring the most equitable, efficient, and effective use of the state revenues dedicated to provide financial assistance for capital construction projects by assessing public school capital construction needs throughout the state and providing expert recommendations to the state board regarding the appropriate prioritization and allocation of such financial assistance, and specifies the powers and duties of the board.
* Requires the board to establish public school facility construction guidelines for use by the board in assessing and prioritizing public school capital construction needs, reviewing applications for financial assistance, and making recommendations to the state board regarding appropriate allocation of financial assistance, and requires the board to address specified considerations in the guidelines.
* Requires the board to conduct with the assistance of the division, or contract for, a financial assistance priority assessment of public school facilities throughout the state, specifies the priority in which facilities are to be assessed, and specifies data to be obtained from the priority assessment.
* With respect to financial assistance, requires the board to establish an annual application timeline and specifies application requirements, evaluation criteria, and matching moneys requirements, as well as factors to be considered in determining the amount of required applicant matching moneys.
* Allows school districts, charter schools, and the Colorado school for the deaf and blind to apply for financial assistance, but requires a charter school to notify its chartering authority (authorizer) in advance that it intends to apply for financial assistance and forward its application for financial assistance to the authorizer, which must then forward the application to the board together with a letter indicating the authorizer's support for, indifference toward, or lack of support for the application.
* Requires the board to annually submit a prioritized list of public school facility capital construction projects recommended for financial assistance to the state board and requires the state board to approve, disapprove, or modify financial assistance awards.
* Specifies that, subject to state board authorization, the board may provide financial assistance to school districts and charter schools as matching grants or by instructing the state treasurer to enter into lease-purchase agreements on behalf of the state to finance public school facility capital construction.
* Limits the total amount of annual lease payments payable by the state in any fiscal year, and requires payments above lower specified limits to be made only from applicant matching moneys.
* Specifies additional procedural and legal requirements relating to lease-purchase agreements, including but not limited to requirements that the board enter into a sublease-purchase agreement on behalf of the state for any public school facility financed by a lease-purchase agreement with the applicant that will use the facility and that the state treasurer approve any such sublease-purchase agreement.
* Requires legal ownership of any public school facility financed by a lease-purchase agreement to be transferred from the state to the applicant upon the fulfillment of both the state's obligations under the lease-purchase agreement and the applicant's obligations under the sublease-purchase agreement.
* Specifies program reporting and auditing requirements. Makes legislative findings and declarations. Defines terms. Makes conforming amendments.

Status
02/12/2008 Introduced In House - Assigned to Education
02/12/2008 Introduced In House - Assigned to Education + Appropriations
02/18/2008 House Committee on Education Refer Amended to Appropriations
03/07/2008 House Committee on Appropriations Pass Amended to House Committee of the Whole
03/11/2008 House Second Reading Laid Over
03/12/2008 House Second Reading Laid Over
03/13/2008 House Second Reading Passed with Amendments
03/14/2008 House Third Reading Passed
03/18/2008 Introduced In Senate - Assigned to Education
03/26/2008 Senate Committee on Education Refer Amended to Appropriations
04/09/2008 Senate Committee on Appropriations Pass Amended to Senate Committee of the Whole
04/11/2008 Senate Second Reading Laid Over to 04/16/2008
04/16/2008 Senate Second Reading Passed with Amendments
04/17/2008 Senate Third Reading Passed
04/21/2008 House Considered Senate Amendments - Result was to Laid Over Daily04/21/2008
04/22/2008 House Considered Senate Amendments - Result was to Laid Over Daily04/22/2008
04/23/2008 House Considered Senate Amendments - Result was to Laid Over Daily04/23/2008
04/24/2008 House Considered Senate Amendments - Result was to Laid Over Daily04/24/2008
04/25/2008 House Considered Senate Amendments - Result was to Laid Over Daily04/25/2008
04/25/2008 House Considered Senate Amendments - Result was to Concur - Repass

Amendments

Fiscal Notes Status

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