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Senate Study Bill 3213

Bill Text

PAG LIN
  1  1    Section 1.  Section 7C.4A, subsection 2, Code 1999, is
  1  2 amended to read as follows:
  1  3    2.  Twelve percent of the state ceiling shall be allocated
  1  4 to bonds issued to carry out programs established under
  1  5 chapters 260C, and 260E, and 260F.  However, at any time
  1  6 during the calendar year the director of the Iowa department
  1  7 of economic development may determine that a lesser amount
  1  8 need be allocated and on that date this lesser amount shall be
  1  9 the amount allocated for those programs and the excess shall
  1 10 be allocated under subsection 7.
  1 11    Sec. 2.  Section 15.108, subsection 6, paragraph a, Code
  1 12 Supplement 1999, is amended to read as follows:
  1 13    a.  Coordinate and perform the duties specified under the
  1 14 Iowa industrial new jobs training Act in chapter 260E, the
  1 15 Iowa jobs training Act in chapter 260F, and the workforce
  1 16 development fund in section 15.341.
  1 17    Sec. 3.  Section 15.342A, Code Supplement 1999, is amended
  1 18 to read as follows:
  1 19    15.342A  WORKFORCE DEVELOPMENT FUND ACCOUNT.
  1 20    A workforce development fund account is established in the
  1 21 office of the treasurer of state under the control of the
  1 22 department.  The account shall receive funds pursuant to
  1 23 section 422.16A up to a maximum of ten million dollars per
  1 24 year.  The account shall also receive funds pursuant to
  1 25 section 15.251 with no dollar limitation.
  1 26    Sec. 4.  Section 15.343, subsection 1, paragraph a, Code
  1 27 Supplement 1999, is amended to read as follows:
  1 28    a.  Notwithstanding section 8.33, all unencumbered and
  1 29 unobligated funds from 1994 Iowa Acts, chapter 1201, section
  1 30 1, subsection 6, except paragraph "d"; section 3, subsections
  1 31 1 and 3; and section 10, remaining on July 1, 1995, and all
  1 32 unencumbered and unobligated funds in the Iowa conservation
  1 33 corps escrow account established in section 84A.7 and the job
  1 34 training fund established in section 260F.6.
  1 35    Sec. 5.  Section 15.343, subsection 2, paragraph b, Code
  2  1 Supplement 1999, is amended by striking the paragraph.
  2  2    Sec. 6.  Section 294A.1, Code 1999, is amended by adding
  2  3 the following new subsection:
  2  4    NEW SUBSECTION.  4.  Phase IV – The equalization of
  2  5 teacher salaries.  
  2  6                           DIVISION VI
  2  7                            PHASE IV
  2  8    Sec. 7.  NEW SECTION.  294A.31  GOAL.
  2  9    The goal of phase IV is to provide school districts with
  2 10 the means to be competitive in recruiting and retaining
  2 11 quality teachers.  This goal is to be accomplished through
  2 12 grants awarded to school districts that are experiencing
  2 13 difficulties recruiting and retaining qualified teachers at
  2 14 the salary levels paid by the school district.  A school
  2 15 district receiving a grant under this division shall use the
  2 16 moneys received to offer and pay competitive salaries, develop
  2 17 an alternative teacher compensation system, or offer a signing
  2 18 bonus for practitioners.
  2 19    Sec. 8.  NEW SECTION.  294A.32  PHASE IV PROGRAM.
  2 20    1.  The department shall establish a phase IV grant program
  2 21 to provide for the allocation of grants to school districts in
  2 22 accordance with section 294A.31.  A school district may submit
  2 23 an application to the department in a form as required by the
  2 24 department and shall include with the application any
  2 25 documentation required by the department.  An application
  2 26 submitted by a school district shall include verification that
  2 27 the school district is at a competitive disadvantage in its
  2 28 efforts to recruit and retain quality teachers.  Applications
  2 29 received by the department shall be submitted to the school
  2 30 budget review committee for approval.
  2 31    2.  Grant moneys shall be distributed annually to
  2 32 qualifying school districts by the department no later than
  2 33 October 15.  Grant amounts shall be distributed as determined
  2 34 by the department.
  2 35    3.  By April 1, a school district receiving moneys under
  3  1 this section shall submit a report to the department
  3  2 describing the recruitment and retention methods for which the
  3  3 school district expended grant moneys.  The department shall
  3  4 summarize the school district reports in a report to the
  3  5 chairpersons and ranking members of the house and senate
  3  6 standing committees on education by the beginning of the next
  3  7 session of the general assembly, and biennially thereafter.
  3  8    4.  A school district shall certify to the department of
  3  9 education that moneys received under this section were used to
  3 10 supplement, not supplant, moneys otherwise received and used
  3 11 by the school district.
  3 12    5.  Moneys received by a school district in accordance with
  3 13 this division are miscellaneous income for purposes of chapter
  3 14 257.  Moneys received under this division shall not be
  3 15 commingled with state aid payments made under section 257.16
  3 16 to a school district and shall be accounted for by the school
  3 17 district separately from state aid payments.
  3 18    Sec. 9.  NEW SECTION.  294A.33  PHASE IV FUND.
  3 19    1.  A phase IV fund is established in the office of
  3 20 treasurer of state to be administered by the department of
  3 21 education.  Moneys appropriated or credited to the fund by the
  3 22 general assembly for deposit in the fund shall be used to
  3 23 award grants to school districts pursuant to the requirements
  3 24 of this division.
  3 25    2.  Notwithstanding section 8.33, unencumbered or
  3 26 unobligated funds remaining on June 30 of a fiscal year shall
  3 27 not revert but shall be available for expenditure for the
  3 28 following fiscal year for purposes of this division.
  3 29    Sec. 10.  Section 403.21, subsection 1, Code 1999, is
  3 30 amended to read as follows:
  3 31    1.  In order to promote communication and cooperation among
  3 32 cities, counties, and community colleges with respect to the
  3 33 allocation and division of taxes, no jobs training projects as
  3 34 defined in chapter 260E or 260F shall be undertaken within the
  3 35 area of operation of a municipality after July 1, 1995, unless
  4  1 the municipality and the community college have entered into
  4  2 an agreement or have jointly adopted a plan relating to a
  4  3 community college's new jobs training program which shall
  4  4 provide for a procedure for advance notification to each
  4  5 affected municipality, for exchange of information, for mutual
  4  6 consultation, and for procedural guidelines for all such new
  4  7 jobs training projects, including related project financing to
  4  8 be undertaken within the area of operation of the
  4  9 municipality.  The joint agreement or the plan shall state its
  4 10 precise duration and shall be binding on the community college
  4 11 and the municipality with respect to all new jobs training
  4 12 projects, including related project financing undertaken
  4 13 during its existence.  The joint agreement or plan shall be
  4 14 effective upon adoption and shall be placed on file in the
  4 15 office of the secretary of the board of directors of the
  4 16 community college and such other location as may be stated in
  4 17 the joint agreement or plan.  The joint agreement or plan
  4 18 shall also be sent to each school district which levied or
  4 19 certified for levy a property tax on any portion of the
  4 20 taxable property located in the area of operation of the
  4 21 municipality in the fiscal year beginning prior to the
  4 22 calendar year in which the plan is adopted or the agreement is
  4 23 reached.  If no such agreement is reached or plan adopted, the
  4 24 community college shall not use incremental property tax
  4 25 revenues to fund jobs training projects within the area of
  4 26 operation of the municipality.  Agreements entered into
  4 27 between a community college and a city or county pursuant to
  4 28 chapter 28E shall not apply.
  4 29    Sec. 11.  Section 403.21, subsection 3, Code 1999, is
  4 30 amended by striking the subsection.
  4 31    Sec. 12.  Section 422.16A, Code 1999, is amended to read as
  4 32 follows:
  4 33    422.16A  JOB TRAINING WITHHOLDING – CERTIFICATION AND
  4 34 TRANSFER.
  4 35    Upon the completion by a business of its repayment
  5  1 obligation for a training project funded under chapter 260E,
  5  2 including a job training project funded under section 15A.8 or
  5  3 repaid in whole or in part by the supplemental new jobs credit
  5  4 from withholding under section 15A.7 or section 15.331, the
  5  5 sponsoring community college shall report to the department of
  5  6 economic development the amount of withholding paid by the
  5  7 business to the community college during the final twelve
  5  8 months of withholding payments.  The department of economic
  5  9 development shall notify the department of revenue and finance
  5 10 of that amount.  The department shall credit to the workforce
  5 11 development phase IV fund account established in section
  5 12 15.342A 294A.33 twenty-five percent of that amount each
  5 13 quarter for a period of ten years.  If the amount of
  5 14 withholding from the business or employer is insufficient, the
  5 15 department shall prorate the quarterly amount credited to the
  5 16 workforce development phase IV fund account.  The maximum
  5 17 amount from all employers which shall be transferred to the
  5 18 workforce development fund account in any year is ten million
  5 19 dollars.
  5 20    Sec. 13.  Section 427B.19, subsection 5, Code 1999, is
  5 21 amended to read as follows:
  5 22    5.  For purposes of this section, "assessed value of the
  5 23 property assessed under section 427B.17" does not include the
  5 24 value of property defined in section 427A.1, subsection 1,
  5 25 paragraphs "e" and "j", which is obligated to secure payment
  5 26 of certificates or other indebtedness incurred pursuant to
  5 27 chapter 260E or 260F.
  5 28    Sec. 14.  Section 544.9310, unnumbered paragraph 2, Code
  5 29 1999, is amended to read as follows:
  5 30    A perfected security interest in collateral takes priority
  5 31 over any lien that is given equal precedence with ordinary
  5 32 taxes under chapter 260E or 260F, or its successor provisions,
  5 33 except for a lien under chapter 260E or 260F upon the
  5 34 collateral described in a financing statement or a job
  5 35 training agreement satisfying the requirements for a financing
  6  1 statement under section 554.9402, subsection 1, which is
  6  2 perfected by filing the financing statement or the job
  6  3 training agreement with the secretary of state prior to the
  6  4 perfection of a conflicting security interest, and a
  6  5 subordinate lien under chapter 260E or 260F may be divested or
  6  6 discharged by judicial sale, as provided in Part 5 of this
  6  7 Article 9 or by other available legal remedy notwithstanding
  6  8 any provision to the contrary contained in chapter 260E or
  6  9 260F, or its successor provisions.  Nothing in this section
  6 10 shall abrogate the collection of, or any lien for, unpaid
  6 11 property taxes which have attached to real estate pursuant to
  6 12 chapter 445, including taxes levied against tangible property
  6 13 that is assessed and taxed as real property pursuant to
  6 14 chapter 427A, or the collection of, or any lien for, unpaid
  6 15 taxes for which notice of lien has been properly recorded or
  6 16 filed pursuant to section 422.26.
  6 17    Sec. 15.  Section 554.9402, subsection 1, Code 1999, is
  6 18 amended to read as follows:
  6 19    1.  A financing statement is sufficient if it gives the
  6 20 names of the debtor and the secured party, is signed by the
  6 21 debtor, gives an address of the secured party from which
  6 22 information concerning the security interest may be obtained,
  6 23 gives a mailing address of the debtor and contains a statement
  6 24 indicating the types, or describing the items, of collateral.
  6 25 A  financing statement may be filed before a security
  6 26 agreement is made or a security interest otherwise attaches.
  6 27 When the financing statement covers crops growing or to be
  6 28 grown, the statement must also contain a description of the
  6 29 real estate concerned.  When the financing statement covers
  6 30 timber to be cut or covers minerals or the like (including oil
  6 31 and gas) or accounts subject to section 554.9103, subsection
  6 32 5, or when the financing statement is filed as a fixture
  6 33 filing (section 554.9313) and the collateral is goods which
  6 34 are or are to become fixtures, the statement must also comply
  6 35 with subsection 5.  A copy of the security agreement is
  7  1 sufficient as a financing statement if it contains the above
  7  2 information and is signed by the debtor.  A copy of a jobs
  7  3 training agreement entered into under chapter 260E or 260F
  7  4 between an employer and a community college is sufficient as a
  7  5 financing statement if it contains the information required by
  7  6 this section and is signed by the employer.  A carbon,
  7  7 photographic or other reproduction of a security agreement or
  7  8 a financing statement is sufficient as a financing statement
  7  9 if the security agreement so provides or if the original has
  7 10 been filed in this state.  The secretary of state must accept
  7 11 for filing a copy of a signature required by this section.
  7 12 The secretary of state may adopt rules for the electronic
  7 13 filing of a financing statement.
  7 14    Sec. 16.  Section 558.1, Code 1999, is amended to read as
  7 15 follows:
  7 16    558.1  "INSTRUMENTS AFFECTING REAL ESTATE" DEFINED –
  7 17 REVOCATION.
  7 18    All instruments containing a power to convey, or in any
  7 19 manner relating to real estate, including certified copies of
  7 20 petitions in bankruptcy with or without the schedules
  7 21 appended, of decrees of adjudication in bankruptcy, and of
  7 22 orders approving trustees' bonds in bankruptcy, and a jobs
  7 23 training agreement entered into under chapter 260E or 260F
  7 24 between an employer and community college which contains a
  7 25 description of the real estate affected, shall be held to be
  7 26 instruments affecting the same; and no such instrument, when
  7 27 acknowledged or certified and recorded as in this chapter
  7 28 prescribed, can be revoked as to third parties by any act of
  7 29 the parties by whom it was executed, until the instrument
  7 30 containing such revocation is acknowledged and filed for
  7 31 record in the same office in which the instrument containing
  7 32 such power is recorded, except that uniform commercial code
  7 33 financing statements and financing statement changes need not
  7 34 be thus acknowledged.
  7 35    Sec. 17.  Section 558.41, unnumbered paragraph 2, Code
  8  1 1999, is amended to read as follows:
  8  2    An interest in real estate evidenced by an instrument so
  8  3 filed shall have priority over any lien that is given equal
  8  4 precedence with ordinary taxes under chapter 260E or 260F, or
  8  5 its successor provisions, except for a lien under chapter 260E
  8  6 or 260F upon the real estate described in an instrument or job
  8  7 training agreement filed in the office of the recorder of the
  8  8 county in which the real estate is located prior to the filing
  8  9 of a conflicting instrument affecting the real estate, and a
  8 10 subordinate lien under chapter 260E or 260F may be divested or
  8 11 discharged by judicial sale or by other available legal remedy
  8 12 notwithstanding any provision to the contrary contained in
  8 13 chapter 260E or 260F, or its successor provisions.  Nothing in
  8 14 this section shall abrogate the collection of, or any lien
  8 15 for, unpaid property taxes which have attached to real estate
  8 16 pursuant to chapter 445, including taxes levied against
  8 17 tangible property that is assessed and taxed as real property
  8 18 pursuant to chapter 427A, or the collection of, or any lien
  8 19 for, unpaid taxes for which notice of lien has been properly
  8 20 recorded pursuant to section 422.26.
  8 21    Sec. 18.  JOB TRAINING FUND MONEYS CREDITED TO PHASE IV
  8 22 FUND.
  8 23    1.  Moneys in the job training fund established under
  8 24 section 260F.6, Code 1999, that remain unencumbered or
  8 25 unobligated at the close of the fiscal year ending June 30,
  8 26 2000, shall not revert to any fund but shall be transferred
  8 27 and credited to the phase IV fund established under section
  8 28 294A.33, and are appropriated for expenditure for the purposes
  8 29 of that fund.
  8 30    2.  The interest and principal from repayment of advances
  8 31 made to businesses from the job training fund, in accordance
  8 32 with section 260F.6, Code 1999, for program costs, plus the
  8 33 repayments, including interest, of loans made from the job
  8 34 training fund, and interest earned from moneys in the job
  8 35 training fund, shall be deposited in and credited to the phase
  9  1 IV fund established under section 294A.33, and are
  9  2 appropriated for expenditure for the purposes of that fund.
  9  3    Sec. 19.  Chapter 260F, Code 1999, is repealed.  
  9  4                           EXPLANATION 
  9  5    This bill creates, under the educational excellence
  9  6 program, a phase IV – relating to the equalization of teacher
  9  7 salaries.  The bill establishes a phase IV fund in the office
  9  8 of treasurer of state to be administered by the department of
  9  9 education.  The bill repeals the Iowa Jobs Training Act, Code
  9 10 chapter 260F.  The bill credits moneys deposited in the job
  9 11 training fund, established under Code section 260F.6, to the
  9 12 phase IV fund.  The bill also requires the department of
  9 13 economic development to pay into the phase IV fund the amount
  9 14 of job training income tax withholding paid by a business to a
  9 15 community college which is currently being paid to the
  9 16 workforce development fund account.
  9 17    The goal of phase IV is to provide school districts with
  9 18 the grant moneys to allow the districts to be competitive in
  9 19 recruiting and retaining quality teachers.  A school district
  9 20 that receives a grant must use the moneys received to offer
  9 21 and pay competitive salaries, develop an alternative teacher
  9 22 compensation system, or offer a signing bonus for
  9 23 practitioners.
  9 24    The bill requires that grant applications submitted by a
  9 25 school district include verification that the district is at a
  9 26 competitive disadvantage in its efforts to recruit and retain
  9 27 quality teachers.  Applications received by the department are
  9 28 to be submitted to the school budget review committee for
  9 29 approval.
  9 30    By April 1, a school district receiving grant moneys must
  9 31 submit a report to the department describing the recruitment
  9 32 and retention methods for which the school district expended
  9 33 grant moneys.  The department shall summarize the school
  9 34 district reports in a report to the chairpersons and ranking
  9 35 members of the house and senate standing committees on
 10  1 education by January 1 biennially.
 10  2    A school district must certify to the department that grant
 10  3 moneys were used to supplement, not supplant, moneys otherwise
 10  4 received and used by the school district.  
 10  5 LSB 6980XC 78
 10  6 kh/cls/14
     

Text: SSB03212                          Text: SSB03214
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