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1 1 Section 1. NEW SECTION. 16.191 LEGISLATIVE FINDINGS.
1 2 The general assembly finds and declares the following:
1 3 1. It is the public policy of the state to promote and
1 4 preserve Iowa's educational advantage, because a well-educated
1 5 citizenry is attractive to business, improves the standard of
1 6 living and general welfare of all Iowans, and is a source of
1 7 state pride.
1 8 2. Iowa's students need access to the latest education
1 9 technology in their homes and schools in order to maintain
1 10 Iowa's eminence in education.
1 11 3. Education technology is costly and financially out-of-
1 12 reach for many students and the future of education in Iowa
1 13 depends upon the availability of financing and affordable
1 14 interest rates with which Iowa's students, schools, colleges,
1 15 and universities may purchase the education technology.
1 16 4. The pooling of private financing enhances the
1 17 marketability of the obligations involved and increases access
1 18 to other state, regional, and national credit markets.
1 19 5. The creation of an Iowa education technology loan
1 20 program will make the pooling of private financing available
1 21 to the boards of directors of school districts, the
1 22 authorities in charge of accredited nonpublic schools, the
1 23 boards of directors of community colleges, institutions of
1 24 higher learning under the control of the state board of
1 25 regents, and accredited private institutions as defined under
1 26 section 261.9, for the purpose of enabling students, schools,
1 27 colleges, and universities to purchase education technology at
1 28 affordable rates.
1 29 6. All of the purposes stated in this section are public
1 30 purposes and uses for which public moneys may be borrowed,
1 31 expended, advanced, loaned, or granted.
1 32 Sec. 2. NEW SECTION. 16.192 IOWA EDUCATION TECHNOLOGY
1 33 LOAN PROGRAM – SPECIFIC POWERS.
1 34 The authority shall initiate an education technology loan
1 35 program to assist Iowa's students, instructional staff,
2 1 schools, colleges, and universities in purchasing education
2 2 technology for school and home use. For purposes of this
2 3 section, "education technology" means personal computers,
2 4 software, and associated education technology. In carrying
2 5 out the education technology loan program, the authority may
2 6 do any of the following:
2 7 1. Issue its bonds and notes, or series of bonds or notes,
2 8 for the purpose of making program loans for education
2 9 technology. All bonds or notes issued under the terms of this
2 10 division shall be exempt from taxation by the state of Iowa
2 11 and the interest thereon shall be exempt from the state income
2 12 tax.
2 13 2. Make loans, secured and unsecured, for the acquisition
2 14 of education technology on terms the authority determines.
2 15 The authority may take any action that is reasonable and
2 16 lawful to protect its security and to avoid losses from its
2 17 loans.
2 18 3. Make loans to the board of directors of a school
2 19 district, the authorities in charge of an accredited nonpublic
2 20 school, the board of directors of a community college, an
2 21 institution of higher learning under the control of the state
2 22 board of regents, or to an accredited private institution as
2 23 defined under section 261.9.
2 24 4. Provide that the interest on obligations may vary in
2 25 accordance with a base or formula authorized by the authority.
2 26 5. Contract for the acquisition of education technology as
2 27 provided in subsection 2 and for the leasing, subleasing,
2 28 sale, or other disposition of education technology in a manner
2 29 determined by the authority.
2 30 Sec. 3. NEW SECTION. 16.193 LOAN AGREEMENTS.
2 31 1. The authority may enter into loan agreements with one
2 32 or more borrowers to finance in whole or in part education
2 33 technology. The repayment obligation of the borrower or
2 34 borrowers may be unsecured, secured by a security agreement,
2 35 or other security may be required as the authority deems
3 1 advisable. The repayment obligation may be evidenced by one
3 2 or more notes of the borrower or borrowers. The loan
3 3 agreements may contain terms and conditions the authority
3 4 deems advisable.
3 5 2. The authority may issue its bonds and notes for the
3 6 education technology program loans as provided under section
3 7 16.192, and may enter into one or more lending agreements or
3 8 purchase agreements with one or more bondholders or
3 9 noteholders containing the terms and conditions of the
3 10 repayment of and the security for the bonds or notes. The
3 11 authority and the bondholders or noteholders or a trustee or
3 12 agent designated by the authority may enter into agreements to
3 13 provide for any of the following:
3 14 a. That the proceeds of the bonds and notes and the
3 15 investments of the proceeds may be received, held, and
3 16 disbursed by the bondholders or noteholders, or by a trustee
3 17 or agent designated by the authority.
3 18 b. That the bondholders or noteholders or a trustee or
3 19 agent designated by the authority may collect, invest, and
3 20 apply the amounts payable under the loan agreements or any
3 21 other security instruments securing the debt obligations of
3 22 the borrower or borrowers.
3 23 That the bondholders or noteholders may enforce the
3 24 remedies provided in the loan agreements or security
3 25 instruments on their own behalf without the appointment or
3 26 designation of a trustee. If there is a default in the
3 27 payment of principal of or interest on the bonds or notes or
3 28 in the performance of any agreement contained in the loan
3 29 agreements or security instruments, the payment or performance
3 30 may be enforced in accordance with the loan agreement or
3 31 security instrument.
3 32 d. That if there is a default in the payment of the
3 33 principal or interest on a security instrument or if there is
3 34 a violation of an agreement contained in the security
3 35 instrument, the security instrument may be enforced.
4 1 Collateral may be sold under proceedings or actions permitted
4 2 by law. A trustee under the security agreement or the holder
4 3 of any bonds or notes secured by the security agreement may
4 4 become a purchaser if the trustee or holder is the highest
4 5 bidder.
4 6 e. Other terms and conditions as deemed necessary or
4 7 appropriate by the authority.
4 8 Sec. 4. NEW SECTION. 16.194 SECURITY FOR BONDS –
4 9 RESERVE FUNDS – VALIDITY OF PLEDGE – NONLIABILITY –
4 10 IRREVOCABLE CONTRACTS.
4 11 1. The authority may provide in the resolution authorizing
4 12 the issuance of its bonds or notes for the Iowa education
4 13 technology loan program that the principal of, premium, if
4 14 any, and interest on the bonds or notes are payable
4 15 exclusively from any of the following:
4 16 a. The income and receipts or other money derived from the
4 17 technology financed with the proceeds of the bonds or notes.
4 18 b. The income and receipts or other money derived from the
4 19 technology whether or not the technology is financed in whole
4 20 or in part with the proceeds of the bonds or notes.
4 21 c. The authority's income and receipts of other assets
4 22 generally, or a designated part or parts of them.
4 23 2. For the purpose of securing one or more issues of its
4 24 bonds or notes, the authority may establish one or more
4 25 special funds called capital reserve funds. The authority may
4 26 pay into the capital reserve funds the proceeds of the sale of
4 27 its bonds or notes and other money that may be made available
4 28 to the authority from other sources for the purposes of the
4 29 capital reserve funds. Except as provided in this section,
4 30 money in a capital reserve fund shall be used only as required
4 31 for any of the following:
4 32 a. The payment of the principal of and interest on bonds
4 33 or notes or of the sinking fund payments with respect to those
4 34 bonds or notes.
4 35 b. The purchase or redemption of the bonds or notes.
5 1 c. The payment of a redemption premium required to be paid
5 2 when the bonds or notes are redeemed before maturity.
5 3 However, money in a capital reserve fund shall not be
5 4 withdrawn if the withdrawal would reduce the amount in the
5 5 capital reserve fund to less than the capital reserve fund
5 6 requirement, except for the purpose of making payment, when
5 7 due, of principal, interest, redemption premiums on the bonds
5 8 or notes, and making sinking fund payments when other money
5 9 pledged to the payment of the bonds or notes is not available
5 10 for the payments. Income or interest earned by, or increment
5 11 to, a capital reserve fund from the investment of all or part
5 12 of the fund may be transferred by the authority to other funds
5 13 or accounts of the authority if the transfer does not reduce
5 14 the amount of the capital reserve fund below the capital
5 15 reserve fund requirement.
5 16 3. If the authority decides to issue bonds or notes
5 17 secured by a capital reserve fund, the bonds or notes shall
5 18 not be issued if the amount in the capital reserve fund is
5 19 less than the capital reserve fund requirement, unless at the
5 20 time of issuance of the bonds or notes the authority deposits
5 21 in the capital reserve fund from the proceeds of the bonds or
5 22 notes to be issued or from other sources, an amount which,
5 23 together with the amount then in the fund, is not less than
5 24 the capital reserve fund requirement.
5 25 4. In computing the amount of a capital reserve fund for
5 26 the purpose of this section, securities in which all or a
5 27 portion of the fund is invested shall be valued by a
5 28 reasonable method established by the authority by resolution.
5 29 Valuation shall include the amount of interest earned or
5 30 accrued as of the date of valuation.
5 31 5. In this section, "capital reserve fund requirement"
5 32 means the amount required to be on deposit in the capital
5 33 reserve fund as of the date of computation as determined by
5 34 resolution of the authority.
5 35 6. All amounts paid to the authority by the state pursuant
6 1 to this section shall be considered advances by the state to
6 2 the authority and, subject to the rights of the holders of any
6 3 bonds or notes of the authority that have previously been
6 4 issued or will be issued, shall be repaid to the state without
6 5 interest from all available operating revenues of the
6 6 authority in excess of amounts required for the payment of
6 7 bonds, notes, or obligations of the authority, the capital
6 8 reserve fund, and operating expenses.
6 9 7. The authority may establish reserve funds, other than
6 10 capital reserve funds, to secure one or more issues of its
6 11 bonds or notes. The authority may deposit in a reserve fund
6 12 established under this subsection the proceeds of the sale of
6 13 its bonds or notes and other money that is made available from
6 14 any other source.
6 15 8. It is the intention of the general assembly that a
6 16 pledge made in respect of bonds or notes shall be valid and
6 17 binding from the time the pledge is made, that the money or
6 18 property so pledged and received after the pledge by the
6 19 authority shall immediately be subject to the lien of the
6 20 pledge without physical delivery or further act, and that the
6 21 lien of the pledge shall be valid and binding as against all
6 22 parties having claims of any kind in tort, contract, or
6 23 otherwise against the authority whether or not the parties
6 24 have notice of the lien. Neither the resolution, trust
6 25 agreement, nor any other instrument by which a pledge is
6 26 created needs to be recorded or filed under the Iowa uniform
6 27 commercial code to be valid, binding, or effective against the
6 28 parties.
6 29 9. Neither the members of the authority nor a person
6 30 executing the bonds or notes are liable personally on the
6 31 bonds or notes or are subject to personal liability or
6 32 accountability by reason of the issuance of the bonds or
6 33 notes.
6 34 10. The bonds or notes issued by the authority are not an
6 35 indebtedness or other liability of the state or of a political
7 1 subdivision of the state, except the authority, and are
7 2 payable solely from the income and receipts or other funds or
7 3 property of the authority which are designated in the
7 4 resolution of the authority authorizing the issuance of the
7 5 bonds or notes as being available as security for bonds or
7 6 notes. The authority shall not pledge the faith or credit of
7 7 the state or of a political subdivision of the state, except
7 8 the authority, to the payment of a bond or note. The issuance
7 9 of a bond or note by the authority does not directly,
7 10 indirectly, or contingently obligate the state or a political
7 11 subdivision of the state to apply money from, or levy or
7 12 pledge any form of taxation whatever to the payment of the
7 13 bond or note.
7 14 11. The state pledges to and agrees with the holders of
7 15 bonds or notes issued under the Iowa education technology loan
7 16 program, that the state will not limit or alter the rights and
7 17 powers vested in the authority to fulfill the terms of a
7 18 contract made by the authority with respect to the bonds or
7 19 notes, or in any way impair the rights and remedies of the
7 20 holders until the bonds and notes, together with the interest
7 21 on them including interest on unpaid installments of interest,
7 22 and all costs and expenses in connection with an action or
7 23 proceeding by or on behalf of the holders, are fully met and
7 24 discharged. The authority is authorized to include this
7 25 pledge and agreement of the state, as it refers to holders of
7 26 bonds or notes of the authority, in a contract with the
7 27 holders.
7 28 Sec. 5. NEW SECTION. 16.195 ADOPTION OF RULES.
7 29 The board of directors of the authority shall adopt rules
7 30 pursuant to chapter 17A to implement sections 16.191 through
7 31 16.194.
7 32 Sec. 6. NEW SECTION. 18.19 STATE EDUCATION TECHNOLOGY
7 33 PURCHASING POOL.
7 34 It is the intent of the general assembly that the
7 35 department of general services establish a purchasing pool for
8 1 computer hardware and software and associated technology by
8 2 which this state's elementary or secondary students, or their
8 3 parents, legal guardians, or grandparents who live in this
8 4 state, the state's teachers, and students attending colleges
8 5 or universities located in Iowa, may purchase computer
8 6 hardware, software, and associated technology for home or
8 7 school use at the most affordable costs available.
8 8 To determine the present and future technology needs of
8 9 Iowa's education community, the department shall consult with
8 10 representatives of educational agencies, educational
8 11 institutions, school corporations, nonpublic schools, and
8 12 licensed education practitioners. The department shall
8 13 develop a bid list and by August 1, 1997, shall make the list
8 14 available upon request to this state's students and their
8 15 parents, legal guardians, or grandparents living in this
8 16 state, this state's teachers, and students attending colleges
8 17 or universities located in Iowa. The department shall update
8 18 the bid list annually.
8 19 The department shall approach, work with, and solicit bids
8 20 from all reputable technology vendors for technology that
8 21 meets the present and future education needs of Iowa's
8 22 education community and which Iowa's students and their
8 23 parents, legal guardians, or grandparents can purchase at
8 24 wholesale prices through a school district as provided in
8 25 section 257.55, subsection 3.
8 26 Sec. 7. NEW SECTION. 257.55 EDUCATION TECHNOLOGY
8 27 PROGRAM.
8 28 1. An education technology program that provides
8 29 additional funding for school districts for education
8 30 technology purposes is established. A board of directors of a
8 31 school district that wishes to consider participating in the
8 32 education technology program shall hold a public hearing on
8 33 the question of participation. The board shall set forth its
8 34 proposal, including the method that will be used to fund the
8 35 program, in a resolution and shall publish the notice of the
9 1 time and place of a public hearing on the resolution. Notice
9 2 of the time and place of the public hearing shall be published
9 3 in one or more newspapers not less than ten nor more than
9 4 twenty days before the public hearing. For the purpose of
9 5 establishing and giving assured circulation to the
9 6 proceedings, only a newspaper which is a newspaper of general
9 7 circulation issued at a regular frequency, distributed in the
9 8 school district's area, and regularly delivered or mailed
9 9 through the post office during the preceding two years may be
9 10 used for the publication. In addition, the newspaper must
9 11 have a list of subscribers who have paid, or promised to pay,
9 12 at more than a nominal rate, for copies to be received during
9 13 a stated period. At the hearing, the board shall announce a
9 14 date certain, no later than thirty days after the date of the
9 15 hearing, by which it will take action to adopt a resolution to
9 16 participate in the education technology program for a period
9 17 not exceeding five years, shall certify its action to the
9 18 department of management, and the district shall participate
9 19 in the program.
9 20 2. Participation in an education technology program is not
9 21 affected by a change in the boundaries of the school district,
9 22 except as otherwise provided in this section. If the board of
9 23 directors of each school district involved in a school
9 24 reorganization under chapter 275 has approved an education
9 25 technology program, the education technology program shall be
9 26 in effect for the reorganized district that has been approved
9 27 for the least amount and the shortest time in any of the
9 28 districts.
9 29 3. To facilitate the use of technology in schools, a
9 30 school district participating in an education technology
9 31 program established under this section may purchase and resell
9 32 or lease education technology to district administrators,
9 33 teachers, students, and students' parents, legal guardians,
9 34 and grandparents.
9 35 Sec. 8. NEW SECTION. 257.56 EDUCATION TECHNOLOGY
10 1 FUNDING.
10 2 1. The additional funding for the education technology
10 3 program for a budget year is limited to an amount not
10 4 exceeding one percent of the total of regular program district
10 5 cost for the budget year and moneys received under section
10 6 257.14 as a budget adjustment for the budget year. Moneys
10 7 received by a district for the education technology program
10 8 are miscellaneous income and may be used for education
10 9 technology purposes. However, moneys received by a district
10 10 for the education technology program under this section shall
10 11 not be used as, or in a manner which has the effect of,
10 12 supplanting funds authorized to be received under sections
10 13 257.41, 257.46, 298.2, and 298.4, or to cover any deficiencies
10 14 in funding for special education instructional services
10 15 resulting from the application of the special education
10 16 weighting plan under section 256B.9.
10 17 2. Certification of a board's intent to participate for a
10 18 budget year, the method of funding, and the amount to be
10 19 raised shall be made to the department of management not later
10 20 than April 15 of the base year. Funding for the education
10 21 technology program shall be obtained from education technology
10 22 state aid and from local funding using either an education
10 23 technology property tax or a combination of an education
10 24 technology property tax and an education technology income
10 25 surtax.
10 26 3. The board of directors shall determine whether the
10 27 education technology property tax or the combination of the
10 28 education technology property tax and education technology
10 29 income surtax shall be used for the local funding. Subject to
10 30 the limitation specified in section 298.14, if the board
10 31 elects to use the combination of the education technology
10 32 property tax and education technology income surtax, for each
10 33 budget year the board shall determine the percent of income
10 34 surtax that will be imposed, expressed as full percentage
10 35 points, not to exceed twenty percent.
11 1 Sec. 9. NEW SECTION. 257.57 EDUCATION TECHNOLOGY STATE
11 2 AID APPROPRIATION.
11 3 1. In order to determine the amount of education
11 4 technology state aid and the amount of local funding for the
11 5 education technology program for a district, the department of
11 6 management shall divide the total assessed valuation in the
11 7 state by the total budget enrollment for the budget year in
11 8 the state to determine a state assessed valuation per pupil
11 9 and shall divide the assessed valuation in each district by
11 10 the district's budget enrollment for the budget year to
11 11 determine the district assessed valuation per pupil. The
11 12 department of management shall multiply the ratio of the
11 13 state's valuation per pupil to the district's valuation per
11 14 pupil by twenty-five hundredths and subtract that result from
11 15 one to determine the portion of the education technology
11 16 program budget that is local funding. The remaining portion
11 17 of the budget shall be funded by education technology state
11 18 aid.
11 19 2. There is appropriated for each fiscal year from the
11 20 general fund of the state to the department of education, an
11 21 amount necessary to pay education technology state aid as
11 22 determined under subsection 1.
11 23 If the amount appropriated under this subsection is limited
11 24 by the general assembly end is insufficient to pay the amount
11 25 of education technology state aid determined under subsection
11 26 1, and if the education technology state aid is not allocated
11 27 to the school districts, the department of education shall
11 28 prorate the amount of the education technology state aid
11 29 provided to each district.
11 30 3. If the general assembly makes an appropriation for
11 31 education technology state aid in lieu of the standing
11 32 appropriation provided under subsection 2, the appropriation
11 33 for education technology state aid shall include in the
11 34 appropriation the allocation of the education technology state
11 35 aid to the school districts applicable for that appropriation
12 1 and subsections l and 2 do not apply to the appropriation.
12 2 4. Education technology state aid shall be paid at the
12 3 same time and in the same manner as foundation aid is paid
12 4 under section 257.16.
12 5 Sec. 10. NEW SECTION. 257.58 COMPUTATION OF EDUCATION
12 6 TECHNOLOGY SUPPORT AMOUNT.
12 7 1. The department of management shall establish the amount
12 8 of education technology property tax to be levied and the
12 9 amount of education technology income surtax to be imposed by
12 10 a district in accordance with the decision of the board under
12 11 section 257.56 for each school year for which the education
12 12 technology program is authorized. The department of
12 13 management shall determine these amounts based upon the most
12 14 recent figures available for the district's valuation of
12 15 taxable property, individual state income tax paid, and budget
12 16 enrollment in the district, and shall certify to the
12 17 district's county auditor the amount of education technology
12 18 property tax, and to the director of revenue and finance the
12 19 amount of education technology income surtax to be imposed if
12 20 an education technology income surtax is to be imposed.
12 21 2. The education technology income surtax shall be imposed
12 22 on the state individual income tax for the calendar year
12 23 during which the school's budget year begins, or for a
12 24 taxpayer's fiscal year ending during the second half of that
12 25 calendar year and after the date the board adopts a resolution
12 26 to participate in the program or the first half of the
12 27 succeeding calendar year, and shall be imposed on all
12 28 individuals residing in the school district on the last day of
12 29 the applicable tax year. As used in this section, "state
12 30 individual income tax" means the taxes computed under section
12 31 422.5, less the credits allowed in sections 422.11A, 422.11B,
12 32 422.11C, 422.12, and 422.12B.
12 33 Sec. 11. NEW SECTION. 257.59 STATUTES APPLICABLE.
12 34 The director of revenue and finance shall administer the
12 35 education technology income surtax imposed under this chapter,
13 1 and sections 422.20, 422.22 to 422.31, 422.68, and 422.72 to
13 2 422.75 shall apply with respect to administration of the
13 3 education technology income surtax.
13 4 Sec. 12. NEW SECTION. 257.60 FORM AND TIME OF RETURN.
13 5 The education technology income surtax shall be made a part
13 6 of the Iowa individual income tax return subject to the
13 7 conditions and restrictions set forth in section 422.21.
13 8 Sec. 13. NEW SECTION. 257.61 DEPOSIT OF EDUCATION
13 9 TECHNOLOGY INCOME SURTAX.
13 10 1. The director of revenue and finance shall deposit all
13 11 moneys received as education technology income surtax to the
13 12 credit of each district from which the moneys are received, in
13 13 the school district income surtax fund that is established in
13 14 section 298.14.
13 15 2. The director of revenue and finance shall deposit
13 16 education technology income surtax moneys received on or
13 17 before November 1 of the year following the close of the
13 18 school budget year for which the surtax is imposed to the
13 19 credit of each district from which the moneys are received in
13 20 the school district income surtax fund.
13 21 3. Education technology income surtax moneys received or
13 22 refunded after November 1 of the year following the close of
13 23 the school budget year for which the surtax is imposed shall
13 24 be deposited in or withdrawn from the general fund of the
13 25 state and shall be considered part of the cost of
13 26 administering the education technology income surtax.
13 27 Sec. 14. NEW SECTION. 257.62 EDUCATION TECHNOLOGY INCOME
13 28 SURTAX CERTIFICATION.
13 29 On or before October 20 each year, the director of revenue
13 30 and finance shall make an accounting of the education
13 31 technology income surtax collected under this chapter
13 32 applicable to tax returns for the last preceding calendar
13 33 year, or for a taxpayer's fiscal year ending during the second
13 34 half of that calendar year and after the date the board adopts
13 35 a resolution to participate in the program, or the first half
14 1 of the succeeding calendar year, from taxpayers in each school
14 2 district in the state which has approved the education
14 3 technology program, and shall certify to the department of
14 4 management and the department of education the amount of total
14 5 education technology income surtax credited from the taxpayers
14 6 of each school district.
14 7 Sec. 15. NEW SECTION. 257.63 EDUCATION TECHNOLOGY INCOME
14 8 SURTAX DISTRIBUTION.
14 9 The director of revenue and finance shall draw warrants in
14 10 payment of the amount of education technology surtax in the
14 11 manner provided in section 298.14.
14 12 Sec. 16. NEW SECTION. 257.64 CONTINUATION OF EDUCATION
14 13 TECHNOLOGY PROGRAM.
14 14 At the expiration of the period for which the education
14 15 technology program was adopted, the program may be extended
14 16 for a period of not exceeding five or ten years in the manner
14 17 provided in section 257.55.
14 18 Sec. 17. NEW SECTION. 273.14 STAFF DEVELOPMENT –
14 19 EDUCATION TECHNOLOGY.
14 20 It is the intent of the general assembly that the
14 21 department of education, area education agencies, and
14 22 postsecondary education institutions collaborate with business
14 23 interests to develop mobile units containing current and
14 24 emerging education technology to train Iowa teachers in
14 25 current and emerging education technology. The information
14 26 provided by the mobile units shall also be made available to
14 27 school districts, district administrators, parents and
14 28 students, community members, and school board members.
14 29 Sec. 18. Section 298.14, unnumbered paragraphs 1 and 2,
14 30 Code 1997, are amended to read as follows:
14 31 For each fiscal year, the cumulative total of the percents
14 32 of surtax approved by the board of directors of a school
14 33 district and collected by the department of revenue and
14 34 finance under sections 257.21, 257.29, 257.56, 279.54, and
14 35 298.2, and the enrichment surtax under section 442.15, Code
15 1 1989, and an income surtax collected by a political
15 2 subdivision under chapter 422D, shall not exceed twenty
15 3 percent.
15 4 A school district income surtax fund is created in the
15 5 office of treasurer of state. Income surtaxes collected by
15 6 the department of revenue and finance under sections 257.21,
15 7 257.29, 257.56, 279.54, and 298.2 and section 442.15, Code
15 8 1989, shall be deposited in the school district income surtax
15 9 fund to the credit of each school district. A separate
15 10 accounting of each surtax, by school district, shall be
15 11 maintained.
15 12 Sec. 19. EFFECTIVE DATE. Sections 7 through 16 of this
15 13 Act, being deemed of immediate importance, take effect upon
15 14 enactment and apply to the budget year beginning July 1, 1997.
15 15 Sec. 20. IMPLEMENTATION OF ACT. Section 25B.2, subsection
15 16 3, shall not apply to this Act.
15 17 EXPLANATION
15 18 The bill provides that the general assembly finds and
15 19 declares that Iowa's students need access to the latest
15 20 computer and education technology in their homes and schools
15 21 in order to maintain Iowa's eminence in education. To assist
15 22 students, teachers, schools, colleges, and universities in
15 23 purchasing education technology for school, college,
15 24 university, and home use, the bill establishes an education
15 25 technology levy, an education technology purchasing pool, and
15 26 education technology loan program. To instruct teachers in
15 27 the latest in education technology, the bill requires area
15 28 education agencies to cooperate and consult with their local
15 29 business communities to develop and fund a mobile unit for
15 30 staff development in education technology.
15 31 16.191: Establishes intent language explaining the purpose
15 32 of establishing an education technology loan program under the
15 33 Iowa finance authority.
15 34 16.192 through 16.193: Provide for the specific powers of
15 35 the Iowa finance authority in administering the education
16 1 technology loan program. The authority may issue bonds and
16 2 notes for the purpose of making loans for education
16 3 technology. All such bonds or notes issued shall be exempt
16 4 from taxation by the state of Iowa and the interest thereon
16 5 shall be exempt from state income tax. The loans are to be
16 6 used to purchase education technology, which for purposes of
16 7 the program means personal computers, software, and associated
16 8 education technology.
16 9 The loans may be made to the board of directors of a school
16 10 district, the authorities in charge of an accredited nonpublic
16 11 school, the board of directors of a community college, an
16 12 institution of higher learning under the control of the state
16 13 board of regents, or to an accredited private institution as
16 14 defined under Code section 261.9.
16 15 For the purpose of securing one or more issues of its bonds
16 16 or notes, the authority may establish one or more special
16 17 funds, called "capital reserve funds". The bill provides for
16 18 the uses of the funds.
16 19 The bonds or notes issued by the authority under the
16 20 provisions of the bill are not an indebtedness or other
16 21 liability of the state or of a political subdivision of the
16 22 state, except the authority.
16 23 16.195: Requires the authority to adopt rules pursuant to
16 24 Code chapter 17A to implement the education technology loan
16 25 program.
16 26 18.19: Provides legislative intent establishing a state
16 27 education technology purchasing pool in the department of
16 28 general services. The purchasing pool for computer hardware,
16 29 software and associated technology is created so that Iowa
16 30 teachers, elementary, secondary, college, and university
16 31 students attending schools or institutions in Iowa, and their
16 32 parents, legal guardians, or grandparents may purchase the
16 33 technology at the most affordable cost available. The
16 34 department shall approach, work with, and solicit bids from
16 35 all reputable high technology vendors for education technology
17 1 that meets the present and future education needs of Iowa's
17 2 education community. To determine these needs, the department
17 3 shall consult with representatives of educational interests.
17 4 The department shall develop a bid list and by August 1, 1997,
17 5 shall make the list available upon request to Iowa students,
17 6 their parents, legal guardians, and grandparents living in
17 7 Iowa, and Iowa teachers.
17 8 257.55: Establishes an education technology program that
17 9 provides additional funding for school districts for education
17 10 technology purposes. A board of directors that wishes to
17 11 consider participating in the program shall publish notice and
17 12 hold a public hearing on the question of participation. At
17 13 the hearing, the board shall announce a date certain by which
17 14 it will take action to adopt a resolution to participate in
17 15 the program for a period not exceeding five years. To
17 16 facilitate the use of technology in schools, a school district
17 17 participating in an education technology program established
17 18 under this section may purchase and resell or lease education
17 19 technology to district administrators, teachers, students,
17 20 student's parents, legal guardians, or grandparents.
17 21 257.56 through 257.64: Provide for education technology
17 22 program funding, a state aid appropriation, the computation of
17 23 the program amount, an income surtax and its deposit,
17 24 certification, and distribution, and the continuation of the
17 25 program, and all of those provisions are based upon the
17 26 provisions of the instructional support levy as provided in
17 27 Code sections 257.19 through 257.27.
17 28 273.14: Provides legislative intent that the department of
17 29 education and the area education agencies collaborate with
17 30 postsecondary education institutions and business interests to
17 31 develop and fund mobile units for staff development in current
17 32 and emerging education technology. The information provided
17 33 by the mobile units shall also be made available to school
17 34 districts, district administrators, parents and students,
17 35 community members, and school board members.
18 1 298.14: Provides that the cumulative total of the percents
18 2 of surtax approved by the board of directors of a school
18 3 district, including the education technology program, shall
18 4 not exceed 20 percent, and the income surtax for education
18 5 technology collected shall be deposited in the school district
18 6 income surtax fund to the credit of each school district.
18 7 The provisions relating to the education technology program
18 8 shall take effect upon enactment for the budget year beginning
18 9 July 1, 1997.
18 10 This bill may include a state mandate as defined in Code
18 11 section 25B.3. This bill makes inapplicable Code section
18 12 25B.2, subsection 3, which would relieve a political
18 13 subdivision from complying with a state mandate if funding for
18 14 the cost of the state mandate is not provided or specified.
18 15 Therefore, political subdivisions are required to comply with
18 16 any state mandate included in this bill.
18 17 LSB 2068XS 77
18 18 kh/cf/24.1
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