Senate File 2133

                                       SENATE FILE       
                                       BY  WARNSTADT


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the distribution of moneys in the secure an
  2    advanced vision for education fund under the local sales and
  3    services tax for school infrastructure purposes and including
  4    an effective date.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 5706XS 80
  7 mg/sh/8

PAG LIN

  1  1    Section 1.  Section 422E.3, subsection 5, paragraph e, Code
  1  2 Supplement 2003, is amended by striking the paragraph and
  1  3 inserting in lieu thereof the following:
  1  4    e.  The amount of tax receipts credited to the account
  1  5 within the secure an advanced vision for education fund
  1  6 maintained in the name of a school district shall be
  1  7 distributed to that school district as provided in paragraphs
  1  8 "a", "b", and "c".  Any additional moneys available to the
  1  9 school district from the fund shall be determined and
  1 10 distributed as a supplemental school infrastructure amount as
  1 11 provided in section 422E.3A, subsection 3.
  1 12    Sec. 2.  Section 422E.3A, subsection 1, Code Supplement
  1 13 2003, is amended to read as follows:
  1 14    1.  A secure an advanced vision for education fund is
  1 15 created as a separate and distinct fund in the state treasury
  1 16 under the control of the department of revenue.  Moneys in the
  1 17 fund include revenues credited to the fund pursuant to this
  1 18 chapter, appropriations made to the fund, and other moneys
  1 19 deposited into the fund.  Appropriations made to the fund
  1 20 shall be credited to a separate appropriations account.  Any
  1 21 amounts disbursed from the fund shall be utilized for school
  1 22 infrastructure purposes or property tax relief.
  1 23    Sec. 3.  Section 422E.3A, subsections 2 through 5, Code
  1 24 Supplement 2003, are amended by striking the subsections and
  1 25 inserting in lieu thereof the following:
  1 26    2.  a.  For purposes of the distributions in subsection 3,
  1 27 the department of education, in consultation with the
  1 28 departments of management and revenue, shall compute by June 1
  1 29 preceding each budget year the infrastructure tax capacity,
  1 30 statewide infrastructure tax capacity, and infrastructure tax
  1 31 capacity inequity for each school district located in whole or
  1 32 in part in a county that has imposed the local sales and
  1 33 services tax for school infrastructure purposes under this
  1 34 chapter.
  1 35    b.  For purposes of this section:
  2  1    (1)  "Actual enrollment" for a school district means the
  2  2 actual enrollment as reported by October 1 to the department
  2  3 of management by the department of education pursuant to
  2  4 section 257.6, subsection 1.
  2  5    (2)  "Infrastructure tax capacity" means for a school
  2  6 district the estimated amount of revenues that a school
  2  7 district receives or would receive if the regular physical
  2  8 plant and equipment levy of thirty=three cents per thousand
  2  9 dollars is imposed, divided by the school district's actual
  2 10 enrollment.
  2 11    (3)  "Infrastructure tax capacity inequity" means the
  2 12 amount that a school district's infrastructure tax capacity is
  2 13 less than the statewide infrastructure tax capacity.  If a
  2 14 school district's infrastructure tax capacity exceeds the
  2 15 statewide infrastructure tax capacity, the school district
  2 16 does not have an inequity.
  2 17    (4)  "Statewide infrastructure tax capacity" means the
  2 18 amount determined by estimating the total revenues that would
  2 19 be generated by a regular physical plant and equipment levy of
  2 20 thirty=three cents per thousand dollars if imposed by all the
  2 21 school districts during the budget year and dividing this
  2 22 estimated revenue amount by the sum of the combined actual
  2 23 enrollment for all school districts.
  2 24    3.  The appropriations credited in a fiscal year to the
  2 25 appropriations account of the secure an advanced vision for
  2 26 education fund shall be distributed as a supplemental school
  2 27 infrastructure amount as follows:
  2 28    a.  The department of education shall compute the
  2 29 infrastructure tax capacity inequity of each school district
  2 30 located in whole or in part in a county that has imposed the
  2 31 tax under this chapter.
  2 32    b.  The department of revenue, in conjunction with the
  2 33 department of education, shall distribute to the extent
  2 34 sufficient funds are available a supplemental school
  2 35 infrastructure amount to each school district that has an
  3  1 infrastructure tax capacity inequity.  The amount of the
  3  2 supplemental school infrastructure amount distributed shall be
  3  3 an amount equal to the school district's infrastructure tax
  3  4 capacity inequity.  If sufficient funds are not available, the
  3  5 director of revenue shall distribute to the school district
  3  6 with the highest infrastructure tax capacity inequity an
  3  7 amount equal to such inequity.  Any additional funds shall
  3  8 then be distributed to the school district with the next
  3  9 highest inequity.  Any additional funds will then be
  3 10 distributed to the next school district in descending order of
  3 11 inequity until the funds have all been distributed.
  3 12    4.  Moneys received by a school district as a supplemental
  3 13 school infrastructure amount shall be used solely for school
  3 14 infrastructure purposes and shall not be used to reduce any
  3 15 property tax levy.
  3 16    Sec. 4.  Section 422E.4, unnumbered paragraph 1, Code
  3 17 Supplement 2003, is amended to read as follows:
  3 18    The board of directors of a school district shall be
  3 19 authorized to issue negotiable, interest=bearing school bonds,
  3 20 without election, and utilize tax receipts derived from the
  3 21 sales and services tax for school infrastructure purposes and
  3 22 the supplemental school infrastructure amount distributed
  3 23 pursuant to section 422E.3A, subsection 2, paragraph "b" 3,
  3 24 for principal and interest repayment.  Proceeds of the bonds
  3 25 issued pursuant to this section shall be utilized solely for
  3 26 school infrastructure needs as school infrastructure is
  3 27 defined in section 422E.1, subsection 3.  Issuance of bonds
  3 28 pursuant to this section shall be permitted only in a district
  3 29 which has imposed a local sales and services tax for school
  3 30 infrastructure purposes pursuant to section 422E.2.  The
  3 31 provisions of sections 298.22 through 298.24 shall apply
  3 32 regarding the form, rate of interest, registration,
  3 33 redemption, and recording of bond issues pursuant to this
  3 34 section, with the exception that the maximum period during
  3 35 which principal on the bonds is payable shall not exceed the
  4  1 date of repeal stated on the ballot proposition.
  4  2    Sec. 5.  EFFECTIVE DATE.  This Act, being deemed of
  4  3 immediate importance, takes effect upon enactment.
  4  4                           EXPLANATION
  4  5    Under present law, Code chapter 422E, school districts may
  4  6 receive, through a county=imposed local option sales and
  4  7 services tax for school infrastructure purposes, moneys to be
  4  8 used for infrastructure or property tax levy reduction.
  4  9 Specifically, the chapter provides that counties that impose
  4 10 the local option sales and services tax on or after April 1,
  4 11 2003, will have their tax collections placed in a secure an
  4 12 advanced vision for education fund.  Each school district
  4 13 within such counties will receive from this fund the amount
  4 14 per pupil collected in its county, not to exceed the school
  4 15 district's guaranteed per pupil amount.  If the amount of the
  4 16 per pupil amount collected is less than the guaranteed per
  4 17 pupil amount, the school district would receive a supplemental
  4 18 amount per pupil equal to the difference.  School districts
  4 19 located in counties that have imposed the tax prior to April
  4 20 1, 2003, would also have their tax collections deposited into
  4 21 the fund but would receive all of the tax collected in the
  4 22 county without limitation by the guaranteed per pupil amount.
  4 23 However, a school district that receives less than its
  4 24 guaranteed per pupil amount would also receive a supplemental
  4 25 amount per pupil equal to the difference.  A school district's
  4 26 guaranteed per pupil amount equals $575 per pupil if the
  4 27 school district has imposed the full one cent tax for the
  4 28 entire fiscal year.  If the tax is imposed for less than one
  4 29 cent or for less than the entire fiscal year, a proportional
  4 30 amount would be the guaranteed per pupil amount.
  4 31    This bill amends the present distribution formula.  The
  4 32 bill provides that each school district would receive the
  4 33 amount of local sales and services tax collected in the county
  4 34 prorated, based upon its enrollment in the county.  In
  4 35 addition, any other moneys, including appropriations,
  5  1 deposited into the secure an advanced vision for education
  5  2 fund would be distributed to those school districts located in
  5  3 a county that has imposed the infrastructure tax which would
  5  4 not be able to raise from the 33 cents per $1,000 of assessed
  5  5 value regular physical plant and equipment levy an amount per
  5  6 pupil at least equal to the statewide average per pupil amount
  5  7 raised by such a levy.
  5  8    The bill takes effect upon enactment.
  5  9 LSB 5706XS 80
  5 10 mg/sh/8