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House File 719

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 8.57, subsection 5, paragraph e, Code
  1  2 1997, is amended to read as follows:
  1  3    e.  Notwithstanding provisions to the contrary in sections
  1  4 99D.17 and 99F.11, for the fiscal years beginning July 1,
  1  5 1995, and July 1, 1996, not more than a total of sixty million
  1  6 dollars; and for each fiscal year thereafter; shall be
  1  7 deposited in the general fund of the state in any fiscal year
  1  8 pursuant to sections 99D.17 and 99F.11.  The total moneys
  1  9 Moneys in excess of the moneys deposited in the general fund
  1 10 in a fiscal year shall be allocated as follows:
  1 11    (1)  The first sixty million dollars shall be deposited in
  1 12 the rebuild Iowa infrastructure fund and shall be used as
  1 13 provided in this section, notwithstanding section 8.60.
  1 14    (2)  The next forty million dollars shall be allocated as
  1 15 follows:
  1 16    (i)  Twenty-five percent shall be transferred to the
  1 17 department of education for use in accordance with section
  1 18 257.13 until the end of the fiscal year beginning July 1,
  1 19 2000.
  1 20    (ii)  Seventy-five percent shall be deposited in the
  1 21 rebuild architectural necessities for today's schools fund
  1 22 established in section 257D.2 until the end of the fiscal year
  1 23 beginning July 1, 2000.  Beginning with the fiscal year
  1 24 beginning July 1, 2000, one hundred percent shall be deposited
  1 25 in the rebuild architectural necessities for today's schools
  1 26 fund.
  1 27    (3)  Any remaining moneys shall be deposited in the rebuild
  1 28 Iowa infrastructure fund.
  1 29    Sec. 2.  Section 99F.11, unnumbered paragraph 1, Code 1997,
  1 30 is amended to read as follows:
  1 31    A tax is imposed on the adjusted gross receipts received
  1 32 annually from gambling games authorized under this chapter at
  1 33 the rate of five percent on the first one million dollars of
  1 34 adjusted gross receipts, at the rate of ten percent on the
  1 35 next two million dollars of adjusted gross receipts, and at
  2  1 the rate of twenty percent on any amount of adjusted gross
  2  2 receipts over three million dollars.  However, beginning
  2  3 January 1, 1997 1998, the rate on any amount of adjusted gross
  2  4 receipts over three million dollars from gambling games at
  2  5 racetrack enclosures is twenty-two thirty-six percent and
  2  6 shall increase by two percent each succeeding calendar year
  2  7 until the rate is thirty-six percent.  The taxes imposed by
  2  8 this section shall be paid by the licensee to the treasurer of
  2  9 state within ten days after the close of the day when the
  2 10 wagers were made and shall be distributed as follows:
  2 11    Sec. 3.  NEW SECTION.  257.13  ON-TIME FUNDING FOR NEW
  2 12 STUDENTS.
  2 13    1.  If a school district's actual enrollment for the budget
  2 14 year, determined under section 257.6, is greater than its
  2 15 budget enrollment for the budget year, the school district may
  2 16 submit a request to the school budget review committee for on-
  2 17 time funding for the increase in the number of students.  The
  2 18 school budget review committee shall consider the relative
  2 19 increase in enrollment on a district-by-district basis, in
  2 20 determining whether to approve the request, and shall
  2 21 determine the amount of additional funding provided if the
  2 22 request is granted.  An application for on-time funding must
  2 23 be received by the department of education by October 1.
  2 24 Written notice of the committee's decision shall be given
  2 25 through the department of education to the school board for a
  2 26 school district.
  2 27    2.  If the school budget review committee approves a
  2 28 request for on-time funding for the increase in the number of
  2 29 students, the funding shall be in an amount up to the product
  2 30 of one-third of the state cost per pupil for the budget year
  2 31 multiplied by the difference between the actual enrollment for
  2 32 the budget year and the budget enrollment for the budget year.
  2 33 The additional funding received under this section is
  2 34 miscellaneous income to the school district.
  2 35    3.  Additional funding authorized under this section shall
  3  1 be paid to school districts in monthly installments beginning
  3  2 on December 15 and ending on June 15 of a budget year from
  3  3 funds allocated to the department under section 8.57.  If the
  3  4 requests approved by the school budget review committee exceed
  3  5 the appropriation in section 8.57, the payments to school
  3  6 districts receiving approval for on-time funding shall be
  3  7 prorated such that each school district approved for on-time
  3  8 funding shall receive an amount of on-time funding equal to
  3  9 the percentage that the on-time funding approved for the
  3 10 district bears to the total amount of on-time funding approved
  3 11 for all districts.
  3 12    4.  If the board of directors of a school district
  3 13 determines that a need exists for additional funds exceeding
  3 14 the amount provided in this section, a request for
  3 15 supplemental aid based upon increased enrollment may be
  3 16 submitted to the school budget review committee as provided in
  3 17 section 257.31, subsection 5.
  3 18    5.  A school district which is receiving a budget
  3 19 adjustment for a budget year pursuant to section 257.14 shall
  3 20 not be eligible to receive on-time funding for the increase in
  3 21 the number of students for that budget year.
  3 22    Sec. 4.  NEW SECTION.  257D.1  TITLE.
  3 23    This chapter may be cited as the "School Vertical
  3 24 Infrastructure Funding Act".
  3 25    Sec. 5.  NEW SECTION.  257D.2  REBUILD ARCHITECTURAL
  3 26 NECESSITIES FOR TODAY'S SCHOOLS FUND.
  3 27    1.  A rebuild architectural necessities for today's schools
  3 28 fund is created within the state treasury under the control of
  3 29 the department of education.  The fund shall consist of moneys
  3 30 deposited in the fund in accordance with section 8.57, and any
  3 31 other moneys available to and obtained or accepted by the
  3 32 department from the federal government or private sources for
  3 33 placement in the fund.  The assets of the funds shall be used
  3 34 by the department for carrying out the purposes of sections
  3 35 257D.3 and 257D.4.
  4  1    2.  Recaptures of grants made pursuant to section 257D.3,
  4  2 repayment of loans made pursuant to section 257D.4, and
  4  3 interest earned on moneys in the fund shall be deposited in
  4  4 the fund.  Section 8.33 does not apply to any moneys in the
  4  5 fund.
  4  6    3.  The fund is subject to an annual audit by the auditor
  4  7 of state.  Moneys in the fund, which may be subject to
  4  8 warrants written by the director of revenue and finance, shall
  4  9 be drawn upon the written requisition of the director of the
  4 10 department of education or an authorized representative of the
  4 11 director.
  4 12    4.  As used in this chapter, "vertical infrastructure" has
  4 13 the same meaning as in section 8.57, subsection 5, except that
  4 14 "vertical infrastructure" does not include recreational
  4 15 trails.
  4 16    Sec. 6.  NEW SECTION.  257D.3  SCHOOL VERTICAL
  4 17 INFRASTRUCTURE MATCHING GRANT PROGRAM.
  4 18    1.  The department of education shall establish a school
  4 19 vertical infrastructure matching grant program.  The program
  4 20 shall make matching grants to eligible school districts for
  4 21 vertical infrastructure projects within the school district
  4 22 from the rebuild architectural necessities for today's schools
  4 23 fund.  For the fiscal year beginning July 1, 1997, the total
  4 24 amount of grants shall not exceed ten million dollars.  For
  4 25 the fiscal period beginning July 1, 1998, and ending June 30,
  4 26 2001, the total amount of grants shall not exceed twenty
  4 27 million dollars per fiscal year.  For the fiscal years
  4 28 beginning on or after July 1, 2001, and each subsequent fiscal
  4 29 year the total amount of grants shall not exceed thirty
  4 30 million dollars.  The department shall allocate fifty percent
  4 31 of the moneys available for grants to be distributed October 1
  4 32 and fifty percent of the moneys available for grants to be
  4 33 distributed on April 1 of each year.  The director of the
  4 34 department shall recommend rules to the state board of
  4 35 education regarding the administration of the program.  The
  5  1 board shall adopt rules pursuant to chapter 17A which include,
  5  2 but are not limited to, all of the following:
  5  3    a.  That a school district certify that the district is
  5  4 seeking a bond issue under chapter 298 to finance vertical
  5  5 infrastructure projects in the district and transmit to the
  5  6 department a description of the projects to be funded through
  5  7 the bond issue.
  5  8    b.  That the school district apply for the grant not later
  5  9 than five days following action by the board of directors of
  5 10 the district to adopt the bond resolution and place the bond
  5 11 issue before the voters of the district.
  5 12    c.  The content of the grant application.
  5 13    d.  Procedures for the review of grant applications.
  5 14    2.  The department shall review each grant application and
  5 15 approve, request modification of, or reject the application
  5 16 and notify the district of the department's decision within
  5 17 ten days of the date the application is received by the
  5 18 department.  Matching grants are contingent on the approval of
  5 19 a bond issue by the voters of a school district.  Matching
  5 20 grants which are not made due to the failure of a school
  5 21 district to approve a bond issue shall remain in the fund and
  5 22 be available for award to another district.
  5 23    3.  The department shall award matching grants for vertical
  5 24 infrastructure projects in accordance with the following
  5 25 priorities:
  5 26    a.  Projects that reduce or eliminate known life safety
  5 27 violations shall receive the highest priority.
  5 28    b.  Cooperative education projects involving the purchase
  5 29 or construction of vertical infrastructure, including joint
  5 30 facilities acquired pursuant to an agreement entered into
  5 31 under chapter 28E, shall receive second highest priority.  In
  5 32 evaluating cooperative projects, preference shall be given in
  5 33 the following order:
  5 34    (1)  Projects involving joint libraries and media centers.
  5 35    (2)  Recreational facilities.
  6  1    (3)  Congregate meal and elder care recreation facilities
  6  2 adjacent to or part of a school building utilizing school
  6  3 kitchen or recreational facilities.
  6  4    (4)  Iowa communication network facilities.
  6  5    (5)  Other facilities jointly operated and maintained by
  6  6 cities, counties, school corporations, or the state board of
  6  7 regents under chapter 28E.
  6  8    c.  Projects connecting schools to the Iowa communications
  6  9 network shall receive third priority.
  6 10    4.  The maximum matching grant awarded to any school
  6 11 district shall be five million dollars.  A school district may
  6 12 receive only one matching grant in any five-year period.
  6 13    Sec. 7.  NEW SECTION.  257D.4  SCHOOL INFRASTRUCTURE
  6 14 REVOLVING LOAN PROGRAM.
  6 15    1.  A school infrastructure revolving loan program is
  6 16 created in the department of education to be funded from the
  6 17 rebuild architectural necessities for today's schools fund.
  6 18 For the fiscal year beginning July 1, 1997, the department
  6 19 shall allocate twenty million dollars for the purposes of the
  6 20 program.  For the fiscal year beginning July 1, 1998, and each
  6 21 subsequent fiscal year, the department shall allocate ten
  6 22 million dollars for the purposes of the program.
  6 23    2.  The revolving loan program shall provide matching
  6 24 revolving loans to school districts for vertical
  6 25 infrastructure projects.  The director of the department shall
  6 26 recommend rules to the state board of education regarding the
  6 27 administration of the program.  The board shall adopt rules
  6 28 pursuant to chapter 17A which include at least the following:
  6 29    a.  Criteria for awarding loans, including interest to be
  6 30 charged on the loan, if any, repayment periods for loans, the
  6 31 maximum amount of a loan.
  6 32    b.  Loan application requirements.
  6 33    c.  Procedures for the review of loan applications.  The
  6 34 rules shall provide for the prioritization of awards for
  6 35 loans, with projects which will correct life safety violations
  7  1 in school buildings receiving the highest priority.  The
  7  2 department, may establish other criteria prioritizing projects
  7  3 which shall be lower in priority than life safety projects.
  7  4    3.  The department shall review each loan application and
  7  5 approve, request modification of, or reject the application
  7  6 and notify the district.  Matching loans may be made
  7  7 contingent upon the school district issuing bonds to fund the
  7  8 vertical infrastructure project for which the loan was
  7  9 awarded.
  7 10    Sec. 8.  EFFECTIVE DATE.  Section 3 of this Act, being
  7 11 deemed of immediate importance, takes effect upon enactment
  7 12 for the purpose of computations required for payment of state
  7 13 aid to school districts for budget years beginning on or after
  7 14 July 1, 1997.  Section 3 of this Act remains in effect until
  7 15 the repeal of chapter 257 on July 1, 2001.  
  7 16                           EXPLANATION
  7 17    The bill does the following:
  7 18    1.  Code section 8.57 is amended to provide that the first
  7 19 $60 million of lottery and gambling revenues above that
  7 20 deposited in the general fund of the state shall be deposited
  7 21 in the rebuild Iowa infrastructure fund.  The next $40 million
  7 22 shall be allocated to the department of education to fund the
  7 23 on-time funding for new students in new Code section 257.13
  7 24 and the rebuild architectural necessities for today's schools
  7 25 fund in new Code section 257D.2.  Any remaining moneys shall
  7 26 be deposited in the rebuild Iowa infrastructure fund.
  7 27    2.  Code section 99F.11 is amended to increase the adjusted
  7 28 gross receipts tax on gambling games at racetracks, if over $3
  7 29 million, from 22 percent to 36 percent.  Currently, this tax
  7 30 is increasing by two percent each year until it reaches 36
  7 31 percent.
  7 32    New Code section 257.13 is created which provides that if
  7 33 the actual enrollment of a school district exceeds the budget
  7 34 enrollment for the budget year, the district can receive
  7 35 additional funding attributable to the increased enrollment.
  8  1 The amount of the additional funding shall be determined by
  8  2 the school budget review committee, up to an amount equal to
  8  3 one-third of the regular program state cost per pupil for the
  8  4 budget year multiplied by the difference between the actual
  8  5 and budget enrollment figures for the budget year.  The
  8  6 additional funding is classified as miscellaneous income.
  8  7 Requests for on-time funding may be submitted to the school
  8  8 budget review committee.  The committee shall consider
  8  9 requests on an individual district-by-district basis.
  8 10 Requests must be received by the department of education by
  8 11 October 1.  Additional amounts may be requested by a school
  8 12 district in the form of a request for supplemental aid to the
  8 13 school budget review committee pursuant to Code section
  8 14 257.31, subsection 5.  The new section takes effect upon
  8 15 enactment for computation of state aid for the 1997-1998
  8 16 school year.
  8 17    3.  The bill creates chapter 257D, the school vertical
  8 18 infrastructure funding Act.  Code section 257D.2 establishes
  8 19 the rebuild architectural necessities for today's schools fund
  8 20 under the control of the department of education.  The fund
  8 21 shall be funded by lottery and gambling tax proceeds under
  8 22 section 8.57 and any other available moneys.  Moneys remaining
  8 23 in the fund at the end of each fiscal year do not revert to
  8 24 the general fund of the state.  Interest earned on moneys in
  8 25 the fund also remains in the fund.  The fund is subject to an
  8 26 annual audit by the auditor of state.
  8 27    Code section 257D.3 provides that the department of
  8 28 education shall establish a school vertical infrastructure
  8 29 matching grant program.  This program will make up to $10
  8 30 million in matching grants for the fiscal year beginning July
  8 31 1, 1997, make up to $20 million in matching grants for fiscal
  8 32 year beginning on or after July 1, 1998, through June 30,
  8 33 2001, and make up to $30 million in matching grants for fiscal
  8 34 years beginning on or after July 1, 2001, up to $5 million per
  8 35 school district for vertical infrastructure projects which are
  9  1 to be otherwise funded through school bonds.  Fifty percent of
  9  2 the moneys available are eligible for distribution each
  9  3 October 1 and April 1.
  9  4    Matching grants are to be awarded on a priority system with
  9  5 known life safety violations receiving the highest priority.
  9  6 Cooperative projects with other governmental entities, and
  9  7 Iowa communications network facilities are also to be given
  9  8 priority.  As used in the bill, "vertical infrastructure"
  9  9 means the acquisition of land and construction, major
  9 10 renovation, and major repair of buildings, all appurtenant
  9 11 structures, utilities, and site development.
  9 12    A school district may apply to the department for a
  9 13 matching grant.  The district must certify that it is in the
  9 14 process of approving a bond issue and detail the vertical
  9 15 infrastructure projects to be funded.  The department must
  9 16 approve, reject, or request modifications of the application
  9 17 and notify the district within 10 days of receiving the
  9 18 application, which must be received not later than five days
  9 19 after the school district approves the resolution submitting
  9 20 the bond issue to the voters in the district.
  9 21    Code section 257D.4 provides for the creation of the school
  9 22 infrastructure revolving loan program in the department of
  9 23 education.  The program shall receive $20 million for the
  9 24 fiscal year which begins July 1, 1997, and $10 million for
  9 25 fiscal year beginning on or after July 1, 1998, to be used for
  9 26 revolving infrastructure loans.  The program provides matching
  9 27 loans to school districts which are planning infrastructure
  9 28 projects.
  9 29    Matching loans are to be awarded on a priority system with
  9 30 life safety violations receiving the highest priority.  The
  9 31 department may also add other types of projects to its
  9 32 priority list.
  9 33    A school district is to apply to the department for a
  9 34 matching loan.  Loans may be made contingent on the passage of
  9 35 a bond issue to fund the infrastructure project which receives
 10  1 the matching loan.  
 10  2 LSB 2412YH 77
 10  3 mk/jw/5
     

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