Text: SF00170                           Text: SF00172
Text: SF00100 - SF00199                 Text: SF Index
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Senate File 171

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  76.19  STATE SCHOOL BOND CREDIT
  1  2 ENHANCEMENT PROGRAM.
  1  3    If a school district that has issued bonds pursuant to
  1  4 chapter 296 or section 298.20 or has entered into a loan
  1  5 agreement pursuant to section 297.36 fails to pay principal or
  1  6 interest on its bonds or loan agreements when due, upon
  1  7 certification by the trustee or paying agent designated
  1  8 pursuant to section 76.10 to the director of revenue and
  1  9 finance, the director shall withhold and directly apply, from
  1 10 any state appropriation to which the school district is
  1 11 entitled, so much as is certified by the trustee or paying
  1 12 agent, to the payment of the principal or interest on the
  1 13 bonds or loan agreement of the school district then due.  The
  1 14 obligation of the director to withhold and directly apply
  1 15 moneys from any state appropriation to which a school district
  1 16 is entitled does not create any legal obligation of the state
  1 17 to pay, when due, the principal or interest on the bonds or
  1 18 loan agreements of the school district.  All state
  1 19 appropriations made to a school district shall be subject to
  1 20 this section.
  1 21    Sec. 2.  Section 257.16, Code 2001, is amended to read as
  1 22 follows:
  1 23    257.16  APPROPRIATIONS.
  1 24    There is appropriated each year from the general fund of
  1 25 the state an amount necessary to pay the foundation aid and
  1 26 supplementary aid under section 257.4, subsection 2.
  1 27    All state aids paid under this chapter, unless otherwise
  1 28 stated, shall be paid in monthly installments beginning on
  1 29 September July 15 of a budget year and ending on or about June
  1 30 15 of the budget year as determined by the department of
  1 31 management, taking into consideration the relative budget and
  1 32 cash position of the state resources.
  1 33    All moneys received by a school district from the state
  1 34 under this chapter shall be deposited in the general fund of
  1 35 the school district, and may be used for any school general
  2  1 fund purpose, subject to the limitation provided in section
  2  2 76.19 relating to use of moneys appropriated for the payment
  2  3 of the principal or interest of school district bonds or loan
  2  4 agreements in the event a school district fails to pay
  2  5 principal or interest on such obligations when due.  The
  2  6 school district shall pay to the general fund of the school
  2  7 district an amount equal to the amount of any moneys so
  2  8 applied upon receipt of moneys derived from the levy
  2  9 authorized pursuant to section 76.2.
  2 10    Sec. 3.  Section 298.10, Code 2001, is amended to read as
  2 11 follows:
  2 12    298.10  LEVY FOR CASH RESERVE.
  2 13    The board of directors of a school district may shall
  2 14 certify for levy by April 15 of a school year, a tax on all
  2 15 taxable property in the school district in order to raise an
  2 16 amount for a necessary to maintain a cash reserve for a school
  2 17 district's general fund as provided in section 298A.2A.  The
  2 18 amount raised for a necessary cash reserve does not increase a
  2 19 school district's authorized expenditures as defined in
  2 20 section 257.7.
  2 21    Sec. 4.  Section 298A.2, Code 2001, is amended to read as
  2 22 follows:
  2 23    298A.2  GENERAL FUND.
  2 24    All moneys received by a school corporation from taxes and
  2 25 other sources must be accounted for in the general fund,
  2 26 except moneys required by law to be accounted for in another
  2 27 fund.  A cash reserve fund shall be maintained in the general
  2 28 fund pursuant to section 298A.2A.
  2 29    Sec. 5.  NEW SECTION.  298A.2A  CASH RESERVE FUND.
  2 30    1.  A cash reserve fund shall be established in the general
  2 31 fund.  Moneys contained within the cash reserve fund shall not
  2 32 be transferred, used, obligated, appropriated, or otherwise
  2 33 encumbered except as provided in this section.  Interest or
  2 34 earnings on moneys deposited in the cash reserve fund shall be
  2 35 credited to the general fund.  Moneys in the cash reserve fund
  3  1 may be allocated to pay legal obligations of the general fund
  3  2 when due, when sufficient funds from another source are not
  3  3 available, but an amount equal to the amount allocated, with
  3  4 the exception of allocations for nonrecurring emergency
  3  5 expenditures pursuant to subsection 3, shall be returned to
  3  6 the cash reserve fund by the end of each fiscal year.
  3  7    2.  The budgeted minimum balance maintained in the cash
  3  8 reserve fund shall be equal to at least ten percent of a
  3  9 school district's authorized budget for the current fiscal
  3 10 year.  Of this amount, a minimum of five percent of the cash
  3 11 reserve fund balance shall be designated for cash flow
  3 12 purposes.  A school district may designate up to five percent
  3 13 of the cash reserve fund balance for nonrecurring emergency
  3 14 expenditures.
  3 15    3.  The moneys in the cash reserve fund designated for
  3 16 nonrecurring emergency expenditures shall not be expended for
  3 17 the payment of any recurring expenditure or collective
  3 18 bargaining agreement or arbitrator's decision negotiated or
  3 19 awarded pursuant to chapter 20.
  3 20    4.  The requirement in subsection 2 relating to maintaining
  3 21 a ten percent cash reserve fund balance may be implemented or
  3 22 phased in over a period of time commencing on, and expiring no
  3 23 later than, three years from the effective date of this Act.  
  3 24                           EXPLANATION
  3 25    This bill provides for the establishment of a school bond
  3 26 credit enhancement program for school district general
  3 27 obligation bonds or loan agreements.  The bill provides that
  3 28 if a school district which has issued bonds pursuant to Code
  3 29 chapter 296 or Code section 298.20 or has entered into a loan
  3 30 agreement pursuant to Code section 297.36 fails to pay
  3 31 principal or interest when due, upon certification by the
  3 32 trustee or paying agent designated pursuant to Code section
  3 33 76.10 to the director of revenue and finance, the director
  3 34 will withhold and apply from any state appropriation to which
  3 35 the school district is entitled, the amount certified to the
  4  1 trustee or paying agent to the payment of the principal or
  4  2 interest on the bonds or loan agreement of the school district
  4  3 then due.  The bill provides that the obligation of the
  4  4 director to withhold and directly apply moneys does not create
  4  5 any legal obligation of the state to pay the principal or
  4  6 interest.  The bill provides that all state appropriations
  4  7 made to a school district shall be subject to these
  4  8 provisions.
  4  9    The bill also provides that state aid payments will be
  4 10 payable in monthly installments beginning on July 15 of a
  4 11 school budget year, rather than the September 15 starting date
  4 12 provided for in Code section 257.16, and provides that moneys
  4 13 received by a school district from the state pursuant to Code
  4 14 chapter 257 and deposited in the general fund of the school
  4 15 district will be subject to the withholding and payment
  4 16 provisions by the director of revenue and finance, with the
  4 17 school district obligated to repay the general fund for any
  4 18 moneys so applied upon receipt of moneys derived from the levy
  4 19 authorized pursuant to Code section 76.2.
  4 20    The bill additionally provides that Code section 298.10
  4 21 relating to authorization of a school district board of
  4 22 directors to levy a tax on all taxable property in the school
  4 23 district in order to maintain a cash reserve for a school
  4 24 district's general fund will be required, rather than remain
  4 25 optional, and that interest or earnings on moneys deposited in
  4 26 the cash reserve fund will be credited to the general fund.
  4 27 The bill provides that moneys in the cash reserve fund may be
  4 28 used to pay legal obligations of the general fund when due
  4 29 when sufficient funds from another source are not available.
  4 30 The bill provides that an amount equal to the amount so
  4 31 allocated, with the exception of allocations for nonrecurring
  4 32 emergency expenditures, shall be returned to the cash reserve
  4 33 fund by the end of each fiscal year.  The bill provides that
  4 34 the budgeted minimum balance maintained in the cash reserve
  4 35 fund will be equal to at least 10 percent of a school
  5  1 district's authorized budget, and that of this amount, a
  5  2 minimum of 5 percent of the cash reserve fund balance shall be
  5  3 designated for cash flow purposes.  The bill further provides
  5  4 that a school district may designate up to 5 percent of the
  5  5 cash reserve fund balance for nonrecurring emergency
  5  6 expenditures, and that moneys in the cash reserve fund shall
  5  7 not be expended for the payment of any recurring expenditure
  5  8 or collective bargaining agreement or arbitrator's decision
  5  9 negotiated or awarded pursuant to Code chapter 20.
  5 10    The bill additionally provides that the requirement
  5 11 relating to maintaining a 10 percent balance in the cash
  5 12 reserve fund may be implemented or phased in over a three-year
  5 13 period beginning on the effective date of the bill.  
  5 14 LSB 2129SS 79
  5 15 rn/pj/5
     

Text: SF00170                           Text: SF00172
Text: SF00100 - SF00199                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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