Text: HF02045 Text: HF02047 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 260C.28, subsection 3, Code 1995, is
1 2 amended by striking the subsection and inserting in lieu
1 3 thereof the following:
1 4 3. If the board of directors wishes to certify for a levy
1 5 under subsection 2, the board shall hold a public hearing on
1 6 the question of authorization. The board shall set forth its
1 7 proposal to levy in a resolution and shall publish the notice
1 8 of the time and place of a public hearing on the resolution.
1 9 Notice of the time and place of the public hearing shall be
1 10 published in one or more newspapers not less than ten and not
1 11 more than twenty days before the public hearing. The notice
1 12 may only be published in a newspaper of general circulation
1 13 issued at a regular frequency, distributed in the school dis-
1 14 trict's area, and regularly delivered or mailed through the
1 15 post office during the preceding two years. In addition, the
1 16 newspaper must have a list of subscribers who have paid, or
1 17 promised to pay, at more than a nominal rate, for copies to be
1 18 received during a stated period. At the hearing, the board
1 19 shall announce a date certain, no later than thirty days after
1 20 the date of the hearing, that it will take action to adopt a
1 21 resolution to levy for a period not exceeding five years or to
1 22 direct the county commissioner of elections to call an
1 23 election to submit the question of authorization to levy for a
1 24 period not exceeding ten years to the registered voters of the
1 25 school district at the next following regular school election
1 26 in the base year or a special election held not later than
1 27 December 1 of the base year. For purpoes of this section,
1 28 "base year" means base year as defined in section 257.2. If
1 29 the board calls an election on the question of authorization,
1 30 if a majority of those voting on the question favors
1 31 authorization, the board may certify for a levy as provided
1 32 under subsection 2 during each of the ten years following the
1 33 election. If a majority of those voting on the question at
1 34 the election does not favor authorization of the board to make
1 35 a levy under subsection 2, the board shall not submit the
2 1 question to the voters again until twelve months have lapsed
2 2 from the date of the election.
2 3 Sec. 2. Section 260C.28, Code 1995, is amended by adding
2 4 the following new subsection:
2 5 NEW SUBSECTION. 4. If the board does not provide for an
2 6 election on the question of authorization and instead adopts a
2 7 resolution to levy for a period not exceeding five years, the
2 8 levy shall be certified unless within twenty-eight days
2 9 following the action of the board the secretary of the board
2 10 receives a petition containing the required number of
2 11 signatures, asking that an election be called to approve or
2 12 disapprove the authorization to levy. The petition must be
2 13 signed by eligible electors equal in number to not less than
2 14 one hundred or thirty percent of the number of voters at the
2 15 last preceding regular school election, whichever is greater.
2 16 The board shall either rescind its action or direct the county
2 17 commissioner of elections to submit the question to the
2 18 registered voters of the school district at the next following
2 19 regular school election or a special election held not later
2 20 than December 1 of the base year. If a majority of those
2 21 voting on the question at the election favors disapproval of
2 22 the action of the board, the levy shall not be certified. If
2 23 a majority of those voting on the question favors approval of
2 24 the action, the board shall certify the levy for a five-year
2 25 period.
2 26 At the expiration of the twenty-eight-day period, if no
2 27 petition is filed, the levy shall be certified.
2 28 EXPLANATION
2 29 This bill authorizes a community college board of directors
2 30 to certify for a tax levy to finance program-sharing and
2 31 equipment replacement costs subject to varying requirements
2 32 depending on whether the authorization is intended to cover a
2 33 five-year or 10-year interval.
2 34 Section 260C.28, subsection 3, currently requires an
2 35 election on the question of authorization to levy for program-
3 1 sharing and equipment replacement funding. If a majority vote
3 2 favors authorization, certification for levy in each of the 10
3 3 years following the election shall be permitted.
3 4 This bill provides an alternative procedure for
3 5 authorization to levy for a five-year interval without an
3 6 election. At a public hearing held after notice and at least
3 7 30 days prior to board action, the board shall announce an
3 8 intention to certify for levy for a five-year duration, or
3 9 call for an election on the question of certification for a
3 10 10-year duration. The board may certify for a five-year
3 11 interval without election unless within 28 days following the
3 12 proposal of a resolution to levy, a petition calling for an
3 13 election is received signed by a requisite number of eligible
3 14 electors. If a valid petition is received, a majority vote
3 15 favoring authorization at the next regularly scheduled school
3 16 election, or a special election, is required to approve the
3 17 five-year levy. If a petition is not received, the levy may
3 18 be certified at the expiration of the 28-day-period.
3 19 This bill also provides that if the board seeks authoriza-
3 20 tion to levy for a 10-year interval, rather than for five
3 21 years, certification subject to petition is not permitted and
3 22 an election on the question of authorization must take place,
3 23 again subject to majority vote in favor of authorization of
3 24 the 10-year levy.
3 25 LSB 3028HH 76
3 26 rn/jw/5
Text: HF02045 Text: HF02047 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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