Text: HF00196 Text: HF00198 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 422E.3, subsection 4, Code 2001, is 1 2 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 2001, is amended by adding 1 15 the following new subsection: 1 16 NEW SUBSECTION. 4A. Counties that vote to impose local 1 17 sales and services taxes for school infrastructure purposes 1 18 first effective on or after April 1, 2001, and counties that 1 19 had in effect local sales and services taxes for school 1 20 infrastructure purposes on March 31, 2001, and that voted 1 21 specifically to continue the tax beyond March 31, 2001, are 1 22 subject to this subsection as follows: 1 23 a. The tax receipts and interest and penalties from all 1 24 such local sales and services taxes shall be deposited into a 1 25 local school infrastructure sales and services tax fund 1 26 established in the office of the treasurer of state. 1 27 b. Moneys collected from the tax imposed during the fiscal 1 28 year which are deposited as provided in paragraph "a" shall be 1 29 distributed to school districts located in those counties 1 30 subject to this subsection on a per student basis determined 1 31 by the director of revenue and finance in accordance with the 1 32 following calculations: 1 33 (1) Calculate a preliminary per student amount by dividing 1 34 the moneys collected during the fiscal year by the sum of the 1 35 combined actual enrollment for all counties subject to this 2 1 subsection as described in subsection 5, paragraph "d", 2 2 subparagraph (2). 2 3 (2) For school districts located in a county where the 2 4 rate of tax imposed is less than one percent or the tax is 2 5 imposed for less than the entire fiscal year, reduce the per 2 6 student amount calculated in subparagraph (1) by multiplying 2 7 that amount by the quotient of the tax rate percent divided by 2 8 one percent and multiplied by the quotient of the number of 2 9 quarters the tax is imposed during the fiscal year divided by 2 10 four quarters. This resulting amount is the per student 2 11 amount for that county that the school districts shall 2 12 receive. 2 13 (3) If an adjustment to the per student amount calculated 2 14 under subparagraph (2) by any school district was made 2 15 pursuant to subparagraph (2), the resulting leftover moneys 2 16 shall be used to increase the per student amount calculated in 2 17 subparagraph (1) in counties that have imposed the tax at the 2 18 rate of one percent for the entire fiscal year. This 2 19 increased per student amount is the amount each school 2 20 district shall receive in those counties. If an adjustment is 2 21 not made under subparagraph (2), the per student amount each 2 22 school district shall receive equals the preliminary per 2 23 student amount calculated in subparagraph (1). 2 24 c. The remitting of the appropriate per student amounts to 2 25 the eligible school districts shall be done in the manner 2 26 provided in subsection 5, paragraphs "a", "b", and "c". 2 27 Sec. 3. Section 422E.3, subsection 5, paragraph c, 2 28 unnumbered paragraph 2, Code 2001, is amended to read as 2 29 follows: 2 30 d. (1) If more than one school district, or a portion of 2 31 a school district, is located within the county, tax receipts 2 32 shall be remitted to each school district or portion of a 2 33 school district in which the county tax is imposed in a pro 2 34 rata share based upon the ratio which the percentage of actual 2 35 enrollment for the school district that attends school in the 3 1 county bears to the percentage of the total combined actual 3 2 enrollments for all school districts that attend school in the 3 3 county. 3 4 (2) The combined actual enrollment for a county, for 3 5 purposes of this section, shall be determined for each county 3 6 imposing a sales and services tax for school infrastructure 3 7 purposes by the department of management based on the actual 3 8 enrollment figures reported by October 1 to the department of 3 9 management by the department of education pursuant to section 3 10 257.6, subsection 1. The combined actual enrollment count 3 11 shall be forwarded to the director ofthe department of3 12managementrevenue and finance by March 1, annually, for 3 13 purposes of calculating the preliminary and final per student 3 14 amounts pursuant to subsection 4A and for purposes of 3 15 supplying estimated tax payment figures and making estimated 3 16 tax payments pursuant to this section for the following fiscal 3 17 year. 3 18 Sec. 4. Section 422E.3, subsection 7, Code 2001, is 3 19 amended to read as follows: 3 20 7. Construction contractors may make application to the 3 21 department for a refund of the additional local sales and 3 22 services tax paid under this chapter by reason of taxes paid 3 23 on goods, wares, or merchandise under the conditions specified 3 24 in section 422B.11. The refund shall be paid by the 3 25 department from the appropriate school district's account in 3 26 the local sales and services tax fund or from the local school 3 27 infrastructure sales and services tax fund, as appropriate. 3 28 The penalty provisions contained in section 422B.11, 3 29 subsection 3, shall apply regarding an erroneous application 3 30 for refund of local sales and services tax paid under this 3 31 chapter. 3 32 Sec. 5. EFFECTIVE DATE. This Act, being deemed of 3 33 immediate importance, takes effect upon enactment. 3 34 EXPLANATION 3 35 This bill provides that for counties that impose a local 4 1 option school infrastructure sales and services tax which is 4 2 first effective on or after April 1, 2001, or that continues 4 3 an existing tax beyond March 31, 2001, all tax revenues would 4 4 be deposited into a joint fund to be distributed on an equal 4 5 per student basis to the school districts located in counties 4 6 that have imposed the tax. The per student amount is reduced 4 7 for school districts in those counties that have imposed the 4 8 tax at less than one percent or imposed it for less than the 4 9 entire fiscal year. 4 10 The bill also makes a corrective change. The correction 4 11 change provides that the combined actual enrollment count is 4 12 to be forwarded to the director of revenue and finance instead 4 13 of to the director of the department of management since the 4 14 department of management already has the combined actual 4 15 enrollment count which it calculates. 4 16 The bill takes effect upon enactment. 4 17 LSB 1689HH 79 4 18 mg/cf/24
Text: HF00196 Text: HF00198 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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