Text: HF00154 Text: HF00156 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 75.1, Code 1995, is amended to read as 1 2 follows: 1 3 75.1 BONDS &endash; ELECTION &endash; VOTE REQUIRED. 1 4 1. When a proposition to authorize an issuance of bonds by 1 5 a county, township, school corporation, city, or by any local 1 6 board or commission, is submitted to the electors,suchthe 1 7 propositionshall not be deemed carried or adopted, anything1 8in the statutes to the contrary notwithstanding, unlessis 1 9 adopted if the vote in favor ofsuch authorizationthe 1 10 proposition is equal to at least sixty percent of the total 1 11 vote cast for and againstsaidthe proposition atsaidthe 1 12 election. 1 13 2. If the board of supervisors of a county, board of 1 14 directors of a school corporation, or city council of a city 1 15 propose that principal and interest on bonds issued by a 1 16 county, school corporation, or city are to be paid in part 1 17 with revenue from a local income surtax imposed under section 1 18 76.19, the proposition shall so state. However, a bond 1 19 issuance proposition proposing imposition of an income surtax 1 20 shall not be presented to the electors if in the first year 1 21 the income surtax is imposed the total of all income surtaxes 1 22 authorized by law and imposed in that year on any taxpayer in 1 23 the political subdivision seeking to impose the surtax would 1 24 exceed twenty percent. Upon request of the governing 1 25 authority, the department of management shall certify the 1 26 cumulative rate of income surtax being imposed in the 1 27 political subdivision. 1 28 3. All ballots cast and not counted as a vote for or 1 29 against the proposition shall not be used in computing the 1 30 total vote cast for and againstsaidthe proposition. 1 31 4. When a proposition to authorize an issuance of bonds 1 32 has been submitted to the electors under this section and the 1 33 proposal fails to gain approval by the required percentage of 1 34 votes, such proposal, or any proposal which incorporates any 1 35 portion of the defeated proposal, shall not be submitted to 2 1 the electors for a period of six months from the date of such 2 2 regular or special election. 2 3 Sec. 2. Section 76.1, Code 1995, is amended to read as 2 4 follows: 2 5 76.1 MANDATORY RETIREMENT. 2 6Hereafter issuesIssues of bondsof every kind and2 7characterby counties, cities, and school corporations shall 2 8 be consecutively numbered. The annual levy of property tax or 2 9 a combination of property tax levy and income surtax imposed 2 10 as provided in section 76.19, if authorized by an election 2 11 held pursuant to section 75.1, shall be sufficient to pay the 2 12 interest and approximately such portion of the principal of 2 13 the bonds as will retire them in a period not exceedingtwenty2 14 twenty-two years from date of issue. Each issue of bonds 2 15 shall be scheduled to mature serially in the same order as 2 16 numbered. 2 17 Sec. 3. Section 76.2, Code 1995, is amended to read as 2 18 follows: 2 19 76.2 MANDATORY LEVY &endash; OBLIGATIONS IN ANTICIPATION OF 2 20 LEVY. 2 21 The governing authority of these political subdivisions 2 22 before issuing bonds shall, by resolution, provide for the 2 23 assessment of an annual levy upon all the taxable property in 2 24 the political subdivision, or the assessment of an annual 2 25 property tax levy and imposition of an income surtax under 2 26 section 76.19, sufficient to pay theinterest andprincipal 2 27 and interest of the bonds within a period named not exceeding 2 28twenty yearsthat provided in section 76.1. A certified copy 2 29 of this resolution shall be filed with the county auditoror2 30the auditorsofthe countieseach county in which the 2 31 political subdivision is located; andthethis filing shall 2 32 make it a duty of theauditorsauditor to enter annually this 2 33 levy for collection from the taxable property within the 2 34 boundaries of the political subdivision until funds are 2 35 realized to pay the principal and interest of the bonds in 3 1 full. The property tax levy shall continue to be made against 3 2 property that is severed from the political subdivision and 3 3 the income surtax shall continue to be imposed upon the 3 4 residents of any area severed from the political subdivision 3 5 after the filing of the resolution until funds are realized to 3 6 pay the principal and interest of the bonds in full. 3 7 Ifthea resolution which does not include imposition of an 3 8 income surtax is filed prior to April 1 or May 1, if the 3 9 political subdivision is a school district, the annual 3 10 property tax levy shall begin with the tax levy for collection 3 11 commencing July 1 of that year. If the resolution is filed 3 12 after April 1 or May 1, in the case of a school district, the 3 13 annual levy shall begin with the tax levy for collection in 3 14 the next succeeding fiscal year. However, the governing 3 15 authority of a political subdivision may adjust a levy of 3 16 taxes made under this section for the purpose of adjusting the 3 17 annual levies and collections for property severed from the 3 18 political subdivision, subject to the approval of the director 3 19 of the department of management. 3 20 If the resolution includes imposition of a local income 3 21 surtax, the annual property tax levy shall begin with the tax 3 22 levy for collection commencing July 1 of the calendar year 3 23 subsequent to the calendar year in which the resolution is 3 24 filed. However, the governing authority of a political 3 25 subdivision may adjust a levy of taxes made under this section 3 26 or rate of the income surtax under section 76.19 for the 3 27 purpose of adjusting the annual property tax levy or rate of 3 28 the surtax and collections for property severed from the 3 29 political subdivision, subject to the approval of the director 3 30 of the department of management. 3 31 If the resolution includes the imposition of a local income 3 32 surtax and it is filed with the department of revenue and 3 33 finance prior to August 1, the imposition of the surtax is 3 34 retroactive to January 1 of that calendar year. If the 3 35 resolution is filed with the department of revenue and finance 4 1 on or after August 1, the imposition of the income surtax 4 2 begins on January 1 of the next calendar year. 4 3 If funds, including reserves and amounts available for 4 4 temporary transfer, arefound to beinsufficient to pay in 4 5 full any installment of principal or interest, a public issuer 4 6 of bonds may anticipate the next levy of property taxes 4 7 pursuant to this section or the imposition of an income surtax 4 8 under section 76.19 in the manner provided in chapter 74, 4 9 whether the taxes so anticipated are to be collected in the 4 10 same or a future fiscal year. 4 11 To further secure the payment of the bonds, the governing 4 12 authority shall, by resolution, provide for the assessment of 4 13 an annual levy of a standby tax upon all taxable property 4 14 within the political subdivision. A copy of the resolution 4 15 shall be sent to the county auditor of each county in which 4 16 the political subdivision is located. The revenues from the 4 17 standby tax shall be deposited in a special fund and shall be 4 18 expended only for the payment of principal of and interest on 4 19 the bonds issued as provided in this section, when the revenue 4 20 from an income surtax as provided in section 76.19 is 4 21 insufficient. No reserves may be built up in this fund in 4 22 anticipation of a projected default. The governing authority 4 23 shall adjust the annual standby property tax levy for each 4 24 year to reflect the amount of revenues in the special fund and 4 25 the amount of principal and interest which is due in that 4 26 year. 4 27 Sec. 4. Section 76.4, Code 1995, is amended to read as 4 28 follows: 4 29 76.4 PERMISSIVE APPLICATION OF FUNDS. 4 30WheneverIf the governing authority ofsucha political 4 31 subdivisionshall havehas on hand funds derived fromany4 32othera source other than taxation which may be appropriated 4 33 to the payment either ofinterest orprincipal or interest, or 4 34 both principal and interest of such bonds,suchthe funds may 4 35 besoappropriated and used and the property tax levy and 5 1 income surtax rate, if imposed, for the payment of the bonds 5 2 correspondingly reduced. 5 3 Sec. 5. Section 76.7, Code 1995, is amended to read as 5 4 follows: 5 5 76.7 PARTICULAR BONDS AFFECTED &endash; PAYMENT. 5 6 Counties, cities, and school corporations may at any time 5 7or timesextend or renew any legal indebtedness or any part 5 8thereofof the indebtedness theymayhave represented by bonds 5 9 or certificates wheresuchthe indebtedness is payable from a 5 10 limited annual property tax or from a voted annual property 5 11 tax or from a local income surtax imposed under section 76.19, 5 12 and may by resolution fund or refund thesamelegal 5 13 indebtedness and issue bondsthereforrunning not more than 5 14 twenty years to be known as funding or refunding bonds, and 5 15 make provision for the payment of the principal and interest 5 16thereoffrom the proceeds of an annual property tax or annual 5 17 property tax and local income surtax for the period covered by 5 18suchthe bonds similar to the tax authorized by law or by the 5 19 electors for the payment of the indebtednesssoextended or 5 20 renewed. 5 21 Sec. 6. NEW SECTION. 76.19 INCOME SURTAX. 5 22 1. An income surtax may be imposed by a political 5 23 subdivision as provided in this section, but only if 5 24 authorized by the electors as provided in section 75.1. 5 25 2. The income surtax shall be imposed upon state income 5 26 taxes computed under section 422.5, less credits allowed in 5 27 sections 422.11A, 422.11B, 422.11C, 422.12, and 422.12B, and 5 28 shall be imposed upon the state income tax for each calendar 5 29 year, or for a taxpayer's fiscal year ending during the second 5 30 half of that calendar year or the first half of the succeeding 5 31 calendar year, and shall be imposed on all taxpayers residing 5 32 in the political subdivision on the last day of the applicable 5 33 tax year, and on taxpayers residing in areas severed from the 5 34 political subdivision as provided in section 76.2. 5 35 3. The income surtax shall be imposed to collect an amount 6 1 that is equivalent to fifty percent of the sum of the 6 2 principal and interest of the bonds over the life of the 6 3 bonds. The rate of the income surtax may be adjusted in any 6 4 year for the sole purpose of ensuring that an amount 6 5 equivalent to fifty percent of the principal and interest over 6 6 the life of the bonds is collected. 6 7 4. At the time of the annual levy under section 76.2, the 6 8 governing authority of the political subdivision shall also 6 9 provide in the resolution for the imposition of the income 6 10 surtax and shall certify to the department of management such 6 11 sum expressed in dollars. The department shall determine the 6 12 rate of income surtax to be imposed based upon the most recent 6 13 available figures from state income taxes paid by taxpayers 6 14 residing in the political subdivision. The department shall 6 15 continue to make such calculations and certify the income 6 16 surtax rate to the auditor of the political subdivision with 6 17 adjustments as provided in this section until the principal 6 18 and interest on the bonds are paid in full. On or before 6 19 November 1 of each year in which the income surtax is 6 20 collected the director of revenue and finance shall deposit 6 21 with the treasurer of the political subdivision the entire 6 22 amount of income surtax collected from taxpayers residing in 6 23 the political subdivision. 6 24 5. The costs of administration shall be determined by the 6 25 department of revenue and finance, and shall be based on a 6 26 share of the total cost of administering the department, in 6 27 the same proportion as the amount of income surtax collected 6 28 is to the amount of state income taxes collected. 6 29 6. The director of revenue and finance shall administer 6 30 the income surtax imposed under this chapter and sections 6 31 422.4, 422.20 to 422.31, 422.68, and 422.72 to 422.75 shall 6 32 apply with respect to administration of the income surtax. 6 33 Sec. 7. NEW SECTION. 76.20 INCOME TAX RETURNS. 6 34 An income surtax imposed under section 76.19 shall be made 6 35 a part of the Iowa individual income tax return subject to the 7 1 conditions and restrictions set forth in section 422.21. The 7 2 director of revenue and finance shall provide on income tax 7 3 returns a requirement that each person required to file a 7 4 return numerically identify the city of residence of the 7 5 taxpayer and the merged area in which the taxpayer resides. 7 6 Sec. 8. NEW SECTION. 76.21 DESIGNATION OF TAX. 7 7 An income surtax imposed under section 76.19 by a school 7 8 district shall be designated as a school debt service income 7 9 surtax, an income surtax imposed by a merged area under 7 10 section 76.19 shall be designated as a merged area debt 7 11 service income surtax, an income surtax imposed by a city 7 12 under section 76.19 shall be designated a city debt service 7 13 income surtax, and an income surtax imposed by a county under 7 14 section 76.19 shall be designated a county debt service income 7 15 surtax. 7 16 Sec. 9. Section 260C.21, Code 1995, is amended to read as 7 17 follows: 7 18 260C.21 ELECTION TO INCUR INDEBTEDNESS. 7 19 1.NoAn indebtedness shall not be incurred under section 7 20 260C.19 until authorized by an election as required in section 7 21 75.1. A proposition to incur indebtedness and issue bonds for 7 22 community college purposes shall be deemedcarriedadopted in 7 23 a merged area if approved by a sixty percent majority of all 7 24 voters voting on the proposition in the area.However, if the7 25 2. Notwithstanding subsection 1, if the costs of utilities 7 26 are paid by a community college with funds derived from the 7 27 levy authorized under section 260C.22, the community college 7 28 may use the general fund moneys that would have been used to 7 29 pay the costs of utilities for capital expenditures, may 7 30 invest the funds, or may incur indebtedness without an 7 31 election, provided that the payments on the indebtedness 7 32 incurred, and any interest on the indebtedness, can be made 7 33 using general funds of the community college and the total 7 34 payments on the principal and interest on the indebtedness do 7 35 not exceed the amount of the costs of the utilities. 8 1 Sec. 10. Section 296.1, Code 1995, is amended to read as 8 2 follows: 8 3 296.1 INDEBTEDNESS AUTHORIZED. 8 4 Subject to the approval of the voters thereof, school 8 5 districts areherebyauthorized to contract indebtedness and 8 6 to issue general obligation bonds to provide funds to defray 8 7 the cost of purchasing, building, furnishing, reconstructing, 8 8 repairing, improving or remodeling a schoolhouse or 8 9 schoolhouses and additions thereto, gymnasium, stadium, field 8 10 house, school bus garage, teachers' or superintendent's home 8 11 or homes, and procuring a site or sites therefor, or 8 12 purchasing land to add to a site already owned, or procuring 8 13 and improving a site for an athletic field, or improving a 8 14 site already owned for an athletic field, and for any one or 8 15 more of such purposes. Taxes for the payment ofsaidthe 8 16 bonds shall be levied or imposed in accordance with chapter 8 17 76, andsaidthe bonds shall mature withina period not8 18exceeding twenty years from date of issuethe period provided 8 19 in section 76.1, shall bear interest at a rate or rates not 8 20 exceeding that permitted by chapter 74A and shall be of such 8 21 form as the board of directors ofsuchthe school district 8 22 shall by resolution provide, but the aggregate indebtedness of 8 23 any school district shall not exceed five percent of the 8 24 actual value of the taxable property withinsaidthe school 8 25 district, as ascertained by the last preceding state and 8 26 county tax lists. 8 27 Sec. 11. Section 296.6, Code 1995, is amended to read as 8 28 follows: 8 29 296.6 BONDS. 8 30 If the vote in favor of the issuance of such bonds is equal 8 31 to at least sixty percent of the total vote cast for and 8 32 againstsaidthe proposition atsaidthe election as required 8 33 in section 75.1, the board of directors shall issue thesame8 34 bonds and make provision for paymentthereofof the bonds. 8 35 Sec. 12. Section 298.14, unnumbered paragraph 1, Code 9 1 1995, is amended to read as follows: 9 2 For each fiscal year, the cumulative total of the percents 9 3 of surtax approved by the board of directors of a school 9 4 district and collected by the department of revenue and 9 5 finance under sections 257.21, 257.29, 279.54, and 298.2, and 9 6 the enrichment surtax under section 442.15, Code 1989, and an 9 7 income surtax collected by a political subdivision under 9 8 chapter 422D, shall not exceed twenty percent. In addition, 9 9 if an income surtax is imposed under section 76.19, the 9 10 cumulative total of percents of surtax imposed on any taxpayer 9 11 in a school district under sections 76.19, 257.21, 257.29, 9 12 279.54, 298.2, 442.15, Code 1989, and chapter 422D shall not 9 13 exceed twenty percent in the first year in which one or more 9 14 of these income surtaxes is imposed. 9 15 Sec. 13. Section 298.18, unnumbered paragraph 2, Code 9 16 1995, is amended to read as follows: 9 17 The amount estimatedand certified to apply onto pay 9 18 principal and interest for any one year shall not exceed an 9 19 amount that could be raised by a property tax levy equal to 9 20 two dollars and seventy cents per thousand dollars of the 9 21 assessed valuation of the taxable property of the school 9 22 corporation except as hereinafter provided. 9 23 Sec. 14. Section 298.18, unnumbered paragraph 4, Code 9 24 1995, is amended to read as follows: 9 25 The amount estimatedand certified to apply onto pay 9 26 principal and interest for any one year may exceed an amount 9 27 that could be raised by a property tax levy equal to two 9 28 dollars and seventy cents per thousand dollars of assessed 9 29 value by the amount approved by the voters of the school 9 30 corporation, but not exceeding four dollars and five cents per 9 31 thousand of the assessed value of the taxable property within 9 32 any school corporation, provided that thequalifiedregistered 9 33 voters of such school corporation have first approved such 9 34 increased amount at a special election as required in section 9 35 75.1, which may be held at the same time as the regular school 10 1 election. The proposition submitted to the voters at such 10 2 special election shall be in substantially the following form: 10 3 Sec. 15. Section 298.18, unnumbered paragraph 6, Code 10 4 1995, is amended to read as follows: 10 5 Notice of the election shall be given by the county 10 6 commissioner of elections according to section 49.53. The 10 7 election shall be held on a date not less than four nor more 10 8 than twenty days after the last publication of the notice. At 10 9suchthe election the ballot used for the submission ofsaid10 10 the proposition shall be in substantially the form for 10 11 submitting special questions at general elections. The county 10 12 commissioner of elections shall conduct the election pursuant 10 13 to the provisions of chapters 39 to 53 and certify the results 10 14 to the board of directors.SuchThe proposition shall not be 10 15 deemedcarried oradopted unless the vote in favor ofsuchthe 10 16 proposition is equal to at least sixty percent of the total 10 17 vote cast for and againstsaidthe proposition atsaidthe 10 18 election.WheneverIf such a proposition has been approved by 10 19 the voters of a school corporation as hereinbefore provided, 10 20 no further approval of the voters ofsuchthe school 10 21 corporation shall be required as a result of any subsequent 10 22 change in the boundaries ofsuchthe school corporation. 10 23 Sec. 16. Section 298.22, unnumbered paragraph 1, Code 10 24 1995, is amended to read as follows: 10 25All of saidThe bonds shall be substantially in the form 10 26 provided for county bonds, but subject to changes that will 10 27 conform them to the action of the boardproviding therefor; 10 28 shallrun not more than twenty yearsmature within the period 10 29 provided in section 76.1, and may be sooner paid if so 10 30 nominated in the bond; bear a rate of interest not exceeding 10 31 that permitted by chapter 74A, payable semiannually; be signed 10 32 by the president and countersigned by the secretary of the 10 33 board of directors; and shall not be disposed of for less than 10 34 par value, nor issued for other purposes than this chapter 10 35 provides. 11 1 Sec. 17. Section 331.442, subsection 4, Code 1995, is 11 2 amended to read as follows: 11 3 4. The proposition of issuing bonds for a general county 11 4 purpose is notcarried oradopted unless the vote in favor of 11 5 the proposition is equal to at least sixty percent of the 11 6 total vote cast for and against the proposition at the 11 7 election as required in section 75.1. If the proposition of 11 8 issuing the general county purpose bonds is approved by the 11 9 voters, the board may proceed with the issuance of the bonds. 11 10 Sec. 18. Section 331.442, subsection 5, paragraph a, 11 11 unnumbered paragraph 1, Code 1995, is amended to read as 11 12 follows: 11 13 Notwithstanding subsection 2, a board, in lieu of calling 11 14 an election, may institute proceedings for the issuance of 11 15 bonds for a general county purpose by causing a notice of the 11 16 proposal to issue the bonds, including a statement of the 11 17 amount and purpose of the bonds, the type or types of debt 11 18 service tax to be levied or imposed to pay principal and 11 19 interest on the bonds, and the right to petition for an 11 20 election, to be published as provided in section 331.305 at 11 21 least ten days prior to the meeting at which it is proposed to 11 22 take action for the issuance of the bonds subject to the 11 23 following limitations: 11 24 Sec. 19. Section 331.447, subsection 1, Code 1995, is 11 25 amended to read as follows: 11 26 1. Taxes for the payment of general obligation bonds shall 11 27 be levied or imposed in accordance with chapter 76, and the 11 28 bonds are payable fromthe levy of unlimited ad valorem taxes11 29on all the taxable property within the county through its debt11 30service fund required by section 331.430a debt service 11 31 property tax or a combination of a debt service property tax 11 32 and a debt service income surtax, unlimited as to amount, 11 33 except that: 11 34 a. The amount estimatedand certified to applyto pay on 11 35 principal and interest for any one year shall not exceed an 12 1 amount that could be raised by a debt service property tax 12 2 levy equal to the maximum rate of tax, if any, provided by 12 3 this division for the purpose for which the bonds were issued. 12 4 If general obligation bonds are issued for different 12 5 categories, as provided in section 331.445, the maximum rate 12 6 of levies, if any, for each purpose shall apply separately to 12 7 that portion of the bond issue for that category and the 12 8 resolution authorizing the bond issue shall clearly set forth 12 9 the annual debt service requirements with respect to each 12 10 purpose in sufficient detail to indicate compliance with the 12 11 rate of tax levy, if any. 12 12 b. The amount estimatedand certified to applyto pay on 12 13 principal and interest for any one year may only exceed an 12 14 amount that could be raised by a debt service property tax 12 15 levy equal to the statutory rate of levy limit, if any, by the 12 16 amount that thequalified electorsregistered voters of the 12 17 county have approved at a special election, which may be held 12 18 at the same time as the general election and may be included 12 19 in the proposition authorizing the issuance of bonds, if an 12 20 election on the proposition is necessary, or may be submitted 12 21 as a separate proposition at the same election or at a 12 22 different election. Notice of the election shall be given as 12 23 specified in section 331.305. If the proposition includes 12 24 issuing bonds and increasing the levy limit, it shall be in 12 25 substantially the following form: 12 26 Shall the county of ........, state of Iowa, be authorized 12 27 to .......... (here state purpose of project) at a total cost 12 28 not exceeding $.... and issue its general obligation bonds in 12 29 an amount not exceeding $.... for that purpose, and be 12 30 authorized to levy annually a debt service property tax (or 12 31 debt service property tax and income surtax, if applicable), 12 32 which will produce an amount not exceeding ... dollars and ... 12 33 cents per thousand dollars of the assessed value of the 12 34 taxable property within the county to pay the principal of and 12 35 interest on the bonds? 13 1 If the proposition includes only increasing the levy limit 13 2 it shall be in substantially the following form: 13 3 Shall the county of ........, state of Iowa, be authorized 13 4 to levy annually a debt service property tax (or debt service 13 5 property tax and income surtax, if applicable), which will 13 6 produce an amount not exceeding ... dollars and ... cents per 13 7 thousand dollars of the assessed value of the taxable property 13 8 within the county to pay principal and interest on the bonded 13 9 indebtedness of the county for the purpose of ..........? 13 10 Sec. 20. Section 331.490, Code 1995, is amended to read as 13 11 follows: 13 12 331.490 CITIES SUBJECT TO DEBT SERVICE TAX LEVY &endash; RATES. 13 13 1. If a county and city have entered into an agreement to 13 14 create a joint special assessment district and issue county 13 15 general obligation bonds to fund the costs of a public 13 16 improvement benefiting that district, the county's debt 13 17 service property tax levy for the county general obligation 13 18 bonds shall not be levied against property located in any city 13 19 except a city which has entered into the agreement, and, if 13 20 applicable, the county's debt service income surtax for the 13 21 county general obligation bonds shall not be imposed on 13 22 taxpayers who reside in any city except a city which has 13 23 entered into the agreement. 13 24 2. Counties and cities entering into an agreement for a 13 25 joint special assessment district may provide in the agreement 13 26 for a different rate of the county's debt service tax levy 13 27 against property in areas of the county outside a city and 13 28 property within the cities, and, if applicable, for a 13 29 different rate of the county's debt service income surtax to 13 30 be imposed on taxpayers residing outside the cities and those 13 31 residing within each city. 13 32 Sec. 21. Section 384.26, subsections 2 and 4, Code 1995, 13 33 are amended to read as follows: 13 34 2. Before the council may institute proceedings for the 13 35 issuance of bonds for a general corporate purpose, it shall 14 1 call a special city election to vote upon the question of 14 2 issuing the bonds. At the election the proposition must be 14 3 submitted in substantially the following form: 14 4 Shall the ............ (insert the name of the city) issue 14 5 its bonds in an amount not exceeding the amount of $.... for 14 6 the purpose of .........., such bonds to be payable from a 14 7 property tax levied on all taxable property within the city 14 8 (and income surtax to be imposed on the state income tax of 14 9 each income taxpayer residing in the city)? 14 10 4. The proposition of issuing general corporate purpose 14 11 bonds is notcarried oradopted unless the vote in favor of 14 12 the proposition is equal to at least sixty percent of the 14 13 total vote cast for and against the proposition at the 14 14 election as required in section 75.1. If the proposition of 14 15 issuing the general corporate purpose bonds is approved by the 14 16 voters, the city may proceed with the issuance of the bonds. 14 17 Sec. 22. Section 384.26, subsection 5, paragraph a, 14 18 unnumbered paragraph 1, Code 1995, is amended to read as 14 19 follows: 14 20 Notwithstanding the provisions of subsection 2, a council 14 21 may, in lieu of calling an election, institute proceedings for 14 22 the issuance of bonds for a general corporate purpose by 14 23 causing a notice of the proposal to issue the bonds, including 14 24 a statement of the amount and purpose of the bonds, the type 14 25 or types of debt service tax to be levied or imposed to pay 14 26 principal and interest of the bonds, together with the maximum 14 27 rate of interest which the bonds are to bear, and the right to 14 28 petition for an election, to be published at least once in a 14 29 newspaper of general circulation within the city at least ten 14 30 days prior to the meeting at which it is proposed to take 14 31 action for the issuance of the bonds subject to the following 14 32 limitations: 14 33 Sec. 23. Section 384.32, Code 1995, is amended to read as 14 34 follows: 14 35 384.32 TAX TO PAY. 15 1 Taxes for the payment of general obligation bonds must be 15 2 levied in accordance with chapter 76, and the bonds are 15 3 payable from the levy ofunlimited ad valorem taxes on all the15 4taxable property within the city through its debt service fund15 5authorized by section 384.4a debt service property tax or a 15 6 combination of a debt service property tax and a debt service 15 7 income surtax, unlimited as to amount. 15 8 Sec. 24. APPLICABILITY DATE. This Act applies to bond 15 9 issuances approved at elections held on or after the effective 15 10 date of this Act. 15 11 EXPLANATION 15 12 This bill authorizes general obligation bonds to be issued 15 13 by certain political subdivisions which will be partially 15 14 funded by a local income surtax imposed on individuals, in 15 15 addition to property taxes. Fifty percent of the principal 15 16 and interest of the bonds shall be funded by income surtax. 15 17 The question of whether to impose a local income surtax to 15 18 partially fund the bonds shall be included in the bond 15 19 issuance ballot proposition. If principal and interest on the 15 20 bonds are to be funded by property tax and income surtax, the 15 21 required percentage of votes needed to authorize issuance of 15 22 the bonds remains at 60 percent as required by current law. 15 23 The bill provides that a bond proposition which includes an 15 24 income surtax may not be presented to the electorate if, in 15 25 the first year the surtax is imposed, the total surtax imposed 15 26 on any taxpayer in the political subdivision would exceed 20 15 27 percent. The property tax levied or income surtax imposed are 15 28 to be designated as debt service taxes for the payment of 15 29 principal and interest on general obligation bonds. 15 30 This bill applies to bonds issued by a county, city, school 15 31 districts, and community colleges. 15 32 The bill applies to bond issuances approved at elections 15 33 held on or after the effective date of the bill. 15 34 LSB 1251YH 76 15 35 sc/jj/8
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