Text: HF02325                           Text: HF02327
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House File 2326

Partial Bill History

Bill Text

  1  1    Section 1.  Section 422E.3, subsection 4, Code Supplement
  1  2 1999, is amended to read as follows:
  1  3    4.  The director of revenue and finance shall credit tax
  1  4 receipts and interest and penalties from the local sales and
  1  5 services tax for school infrastructure purposes to an account
  1  6 within the county's local sales and services tax fund, as
  1  7 created in section 422B.10, subsection 1, maintained in the
  1  8 name of the school district or school districts located within
  1  9 the county except as provided in subsection 4A.  If the
  1 10 director is unable to determine from which county any of the
  1 11 receipts were collected, those receipts shall be allocated
  1 12 among the possible counties based on allocation rules adopted
  1 13 by the director.
  1 14    Sec. 2.  Section 422E.3, Code Supplement 1999, is amended
  1 15 by adding the following new subsection:
  1 16    NEW SUBSECTION.  4A.  Counties that have imposed local
  1 17 sales and services taxes for school infrastructure purposes
  1 18 and are contiguous to each other are subject to this
  1 19 subsection as follows:
  1 20    a.  The tax receipts and interest and penalties from all
  1 21 local sales and services taxes collected in the area made up
  1 22 of these contiguous counties shall be deposited into a
  1 23 separate account in a local school infrastructure sales and
  1 24 services tax fund established in the office of the treasurer
  1 25 of state.
  1 26    b.  Moneys collected from the tax imposed during the fiscal
  1 27 year in the group of contiguous counties, which are deposited
  1 28 into a separate fund as provided in paragraph "a", shall be
  1 29 distributed to school districts located in those counties on a
  1 30 per student basis determined by the director of revenue and
  1 31 finance as follows:
  1 32    (1)  Calculate a preliminary per student amount by dividing
  1 33 the moneys collected in the area made up of these contiguous
  1 34 counties during the fiscal year by the sum of the combined
  1 35 actual enrollment for all counties in the group as described
  2  1 in subsection 5, paragraph "d", subparagraph (2).
  2  2    (2)  For school districts located in a county where the
  2  3 rate of tax imposed is less than one percent or the tax is
  2  4 imposed for less than the entire fiscal year, reduce the per
  2  5 student amount calculated in subparagraph (1) by multiplying
  2  6 that amount by the quotient of the tax rate percent divided by
  2  7 one percent and multiplied by the quotient of the number of
  2  8 quarters the tax is imposed during the fiscal year divided by
  2  9 four quarters.  This is the per student amount that the school
  2 10 districts shall receive for each student residing in that
  2 11 county.
  2 12    (3)  If an adjustment to the preliminary per student amount
  2 13 calculated under subparagraph (1) for any school district was
  2 14 made pursuant to subparagraph (2), the resulting leftover
  2 15 moneys shall be used to increase the preliminary per student
  2 16 amount calculated in subparagraph (1) for students residing in
  2 17 the other counties in the group of contiguous counties that
  2 18 have imposed the tax at the rate of one percent for the entire
  2 19 fiscal year.  This increased per student amount is the amount
  2 20 each school district shall receive for each student residing
  2 21 in those counties.  If an adjustment is not made under
  2 22 subparagraph (2), the per student amount each school district
  2 23 shall receive equals the preliminary per student amount
  2 24 calculated in subparagraph (1).
  2 25    c.  The remitting of the appropriate per student amounts to
  2 26 the eligible school districts shall be done in the manner
  2 27 provided in subsection 5, paragraphs "a", "b", and "c".
  2 28    d.  School districts that have issued bonds, prior to the
  2 29 effective date of this Act under the authority of section
  2 30 422E.4, which remain outstanding, or have entered into
  2 31 construction contracts for infrastructure projects prior to
  2 32 the effective date of this Act, in anticipation of the receipt
  2 33 of tax revenues under this chapter, which projects are not
  2 34 completed and are located in a county that is included in the
  2 35 group of contiguous counties, are entitled to additional funds
  3  1 from the group of counties' separate fund.  These additional
  3  2 funds shall be provided prior to computations under paragraph
  3  3 "b".  The department of revenue and finance shall establish
  3  4 procedures for school districts to request the additional
  3  5 funds from the department, including requirements regarding
  3  6 the provision of any information, documents, and statistics
  3  7 needed to justify the request.
  3  8    e.  For purposes of this subsection, a county which is
  3  9 contiguous to another county which is contiguous to a third
  3 10 county is contiguous to that third county, and the counties
  3 11 shall be considered as a group.
  3 12    Sec. 3.  Section 422E.3, subsection 5, paragraph c,
  3 13 unnumbered paragraph 2, Code Supplement 1999, is amended to
  3 14 read as follows:
  3 15    d.  (1)  If more than one school district, or a portion of
  3 16 a school district, is located within the county, tax receipts
  3 17 shall be remitted to each school district or portion of a
  3 18 school district in which the county tax is imposed in a pro
  3 19 rata share based upon the ratio which the percentage of actual
  3 20 enrollment for the school district that attends school in the
  3 21 county bears to the percentage of the total combined actual
  3 22 enrollments for all school districts that attend school in the
  3 23 county.
  3 24    (2)  The combined actual enrollment for a county, for
  3 25 purposes of this section, is the actual number of students who
  3 26 are residents of the county and shall be determined for each
  3 27 county imposing a sales and services tax for school
  3 28 infrastructure purposes by the department of management based
  3 29 on the actual enrollment figures reported by October 1 to the
  3 30 department of management by the department of education
  3 31 pursuant to section 257.6, subsection 1.  The combined actual
  3 32 enrollment count shall be forwarded to the director of the
  3 33 department of management revenue and finance by March 1,
  3 34 annually, for purposes of calculating the preliminary and
  3 35 final per student amounts pursuant to subsection 4A and for
  4  1 purposes of supplying estimated tax payment figures and making
  4  2 estimated tax payments pursuant to this section for the
  4  3 following fiscal year.
  4  5 being deemed of immediate importance, takes effect upon
  4  6 enactment and applies to fiscal years beginning after the
  4  7 effective date.  
  4  8                           EXPLANATION
  4  9    This bill provides that for counties that impose a local
  4 10 option school infrastructure sales and services tax and that
  4 11 are contiguous to each other, all tax revenues would go into a
  4 12 joint fund to be distributed on an equal per student basis to
  4 13 the school districts located in the contiguous counties that
  4 14 have imposed the tax.  The per student amount is reduced for
  4 15 school districts in those counties that have imposed the tax
  4 16 at less than one percent or imposed it for less than the
  4 17 entire fiscal year.
  4 18    School districts that have issued bonds or entered into
  4 19 contractual obligations in anticipation of the receipt of the
  4 20 tax revenues are entitled to additional funds to meet these
  4 21 obligations.  These funds are from the tax revenues collected
  4 22 in the entire area of the contiguous counties and are provided
  4 23 prior to computing the per student amount to be remitted to
  4 24 all of the school districts in the contiguous area.
  4 25    The bill also makes a corrective change.  The correction
  4 26 provides that the combined actual enrollment count is to be
  4 27 forwarded to the director of revenue and finance instead of
  4 28 the director of the department of management since the
  4 29 department of management already has the combined actual
  4 30 enrollment count which it calculates.
  4 31    The bill takes effect upon enactment and applies to fiscal
  4 32 years beginning after the effective date.  
  4 33 LSB 5672HH 78
  4 34 mg/as/5

Text: HF02325                           Text: HF02327
Text: HF02300 - HF02399                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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