Text: HF00497                           Text: HF00499
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House File 498

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 24.17, unnumbered paragraph 1, Code
  1  2 2001, is amended to read as follows:
  1  3    The local budgets of the various political subdivisions
  1  4 shall be certified by the chairperson of the certifying board
  1  5 or levying board, as the case may be, in duplicate to the
  1  6 county auditor not later than March 15 of each year on forms,
  1  7 and pursuant to instructions, prescribed by the department of
  1  8 management.  However, if the political subdivision is a school
  1  9 district, as defined in section 257.2, its budget shall be
  1 10 certified not later than April 15 of each year.
  1 11    Sec. 2.  Section 24.27, Code 2001, is amended to read as
  1 12 follows:
  1 13    24.27  PROTEST TO BUDGET.
  1 14    Not later than March 25 or April 25 if the municipality is
  1 15 a school district, a number of persons in any municipality
  1 16 equal to one-fourth of one percent of those voting for the
  1 17 office of governor, at the last general election in the
  1 18 municipality, but the number shall not be less than ten, and
  1 19 the number need not be more than one hundred persons, who are
  1 20 affected by any proposed budget, expenditure or tax levy, or
  1 21 by any item thereof, may appeal from any decision of the
  1 22 certifying board or the levying board by filing with the
  1 23 county auditor of the county in which the municipal
  1 24 corporation is located, a written protest setting forth their
  1 25 objections to the budget, expenditure or tax levy, or to one
  1 26 or more items thereof, and the grounds for their objections.
  1 27 If a budget is certified after March 15 or April 15 in the
  1 28 case of a school district, all appeal time limits shall be
  1 29 extended to correspond to allowances for a timely filing.
  1 30 Upon the filing of a protest, the county auditor shall
  1 31 immediately prepare a true and complete copy of the written
  1 32 protest, together with the budget, proposed tax levy or
  1 33 expenditure to which objections are made, and shall transmit
  1 34 them forthwith to the state board, and shall also send a copy
  1 35 of the protest to the certifying board or to the levying
  2  1 board, as the case may be.
  2  2    Sec. 3.  Section 76.2, unnumbered paragraph 2, Code 2001,
  2  3 is amended to read as follows:
  2  4    If the resolution is filed prior to April 1 or May 1, if
  2  5 the political subdivision is a school district, the annual
  2  6 levy shall begin with the tax levy for collection commencing
  2  7 July 1 of that year.  If the resolution is filed after April 1
  2  8 or May 1, in the case of a school district, the annual levy
  2  9 shall begin with the tax levy for collection in the next
  2 10 succeeding fiscal year.  However, the governing authority of a
  2 11 political subdivision may adjust a levy of taxes made under
  2 12 this section for the purpose of adjusting the annual levies
  2 13 and collections for property severed from the political
  2 14 subdivision, subject to the approval of the director of the
  2 15 department of management.
  2 16    Sec. 4.  Section 257.19, unnumbered paragraph 2, Code 2001,
  2 17 is amended to read as follows:
  2 18    Certification of a board's intent to participate for a
  2 19 budget year, the method of funding, and the amount to be
  2 20 raised shall be made to the department of management not later
  2 21 than April March 15 of the base year.  Funding for the
  2 22 instructional support program shall be obtained from
  2 23 instructional support state aid and from local funding using
  2 24 either an instructional support property tax or a combination
  2 25 of an instructional support property tax and an instructional
  2 26 support income surtax.
  2 27    Sec. 5.  Section 257.29, unnumbered paragraph 2, Code 2001,
  2 28 is amended to read as follows:
  2 29    The educational improvement program shall provide
  2 30 additional revenues each fiscal year equal to a specified
  2 31 percent of the regular program district cost of the district,
  2 32 as determined by the board but not more than the maximum
  2 33 percent authorized by the electors if an election has been
  2 34 held.  Certification of a district's participation for a
  2 35 budget year, the method of funding, and the amount to be
  3  1 raised shall be made to the department of management not later
  3  2 than April March 15 of the base year.
  3  3    Sec. 6.  Section 275.29, Code 2001, is amended to read as
  3  4 follows:
  3  5    275.29  DIVISION OF ASSETS AND LIABILITIES AFTER
  3  6 REORGANIZATION.
  3  7    Between July 1 and July 20, the board of directors of the
  3  8 newly formed school district shall meet with the boards of the
  3  9 school districts affected by the organization of the new
  3 10 school corporation, including the boards of districts
  3 11 receiving territory of the school districts affected, for the
  3 12 purpose of reaching joint agreement on an equitable division
  3 13 of the assets of the several school corporations or parts of
  3 14 school corporations and an equitable distribution of the
  3 15 liabilities of the affected corporations or parts of
  3 16 corporations.  In addition, if outstanding bonds are in
  3 17 existence in any district, the initial board of directors of
  3 18 the newly formed school district shall meet with the boards of
  3 19 all school districts affected prior to April March 15 prior to
  3 20 the school year the reorganization is effective to determine
  3 21 the distribution of the bonded indebtedness between the
  3 22 districts so that the newly formed district may certify its
  3 23 budget under the procedures specified in chapter 24.  The
  3 24 boards shall consider the mandatory levy required in section
  3 25 76.2 and shall assure the satisfaction of outstanding
  3 26 obligations of each affected school corporation.  If the
  3 27 petition includes plans for the distribution of the bonded
  3 28 indebtedness, the exclusion of territory from the reorganized
  3 29 district does not require action pursuant to this section.
  3 30    Sec. 7.  Section 298.2, subsection 3, Code 2001, is amended
  3 31 to read as follows:
  3 32    3.  The board of directors of a school district may certify
  3 33 for levy by April March 15 of a school year a tax on all
  3 34 taxable property in the school district for the regular
  3 35 physical plant and equipment levy.
  4  1    Sec. 8.  Section 298.2, subsection 4, unnumbered paragraph
  4  2 2, Code 2001, is amended to read as follows:
  4  3    If a combination of a property tax and income surtax is
  4  4 used, by April March 15 of the previous school year, the board
  4  5 shall certify the percent of the income surtax to be imposed
  4  6 and the amount to be raised to the department of management
  4  7 and the department of management shall establish the rate of
  4  8 the property tax and income surtax for the school year.  The
  4  9 physical plant and equipment property tax and income surtax
  4 10 shall be levied or imposed, collected, and paid to the school
  4 11 district in the manner provided for the instructional support
  4 12 program in sections 257.21 through 257.26.
  4 13    Sec. 9.  Section 298.4, unnumbered paragraph 1, Code 2001,
  4 14 is amended to read as follows:
  4 15    The board of directors of a school district may certify for
  4 16 levy by April March 15 of a school year, a tax on all taxable
  4 17 property in the school district for a district management
  4 18 levy.  The revenue from the tax levied in this section shall
  4 19 be placed in the district management levy fund of the school
  4 20 district.  The district management levy shall be expended only
  4 21 for the following purposes:
  4 22    Sec. 10.  Section 298.10, Code 2001, is amended to read as
  4 23 follows:
  4 24    298.10  LEVY FOR CASH RESERVE.
  4 25    The board of directors of a school district may certify for
  4 26 levy by April March 15 of a school year, a tax on all taxable
  4 27 property in the school district in order to raise an amount
  4 28 for a necessary cash reserve for a school district's general
  4 29 fund.  The amount raised for a necessary cash reserve does not
  4 30 increase a school district's authorized expenditures as
  4 31 defined in section 257.7.
  4 32    Sec. 11.  Section 300.2, unnumbered paragraph 2, Code 2001,
  4 33 is amended to read as follows:
  4 34    If a majority of the votes cast upon the proposition is in
  4 35 favor of the proposition, the board shall certify the amount
  5  1 required for a fiscal year to the county board of supervisors
  5  2 by April March 15 of the preceding fiscal year.  The board of
  5  3 supervisors shall levy the amount certified.  The amount shall
  5  4 be placed in the public education and recreation levy fund of
  5  5 the district and shall be used only for the purposes specified
  5  6 in this chapter.
  5  7    Sec. 12.  APPLICABILITY DATE.  This Act is applicable for
  5  8 budget certification purposes during the school budget year
  5  9 beginning July 1, 2001, and succeeding budget years.  
  5 10                           EXPLANATION
  5 11    This bill provides for a change in the budget certification
  5 12 date applicable to school districts from April 15 to March 15
  5 13 annually.  Code section 24.17 currently provides that the
  5 14 local budgets of political subdivisions other than a school
  5 15 district shall be certified by the chairperson of the
  5 16 certifying board or levying board not later than March 15 of
  5 17 each year, but that if the political subdivision is a school
  5 18 district its budget shall be certified not later than April 15
  5 19 of each year.  The bill provides for conforming changes
  5 20 consistent with this change.  
  5 21 LSB 2818HH 79
  5 22 rn/gg/8.1
     

Text: HF00497                           Text: HF00499
Text: HF00400 - HF00499                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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