Text: SF00188 Text: SF00190 Text: SF00100 - SF00199 Text: SF 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.TheFor counties that have imposed the local sales and 1 4 services tax for school infrastructure purposes prior to March 1 5 1, 2001, the director of revenue and finance shall credit tax 1 6 receipts and interest and penalties from thelocal sales and1 7servicestaxfor school infrastructure purposesto an account 1 8 within the county's local sales and services tax fund, as 1 9 created in section 422B.10, subsection 1, maintained in the 1 10 name of the school district or school districts located within 1 11 the county. If the director is unable to determine from which 1 12 county any of the receipts were collected, those receipts 1 13 shall be allocated among the possible counties based on 1 14 allocation rules adopted by the director. 1 15 Sec, 2. Section 422E.3, subsection 5, paragraph a, Code 1 16 2001, is amended to read as follows: 1 17 a.TheFor counties that have imposed the local sales and 1 18 services tax for school infrastructure purposes prior to March 1 19 1, 2001, the director of revenue and finance within fifteen 1 20 days of the beginning of each fiscal year shall send to each 1 21 school district where the tax is imposed an estimate of the 1 22 amount of tax moneys each school district will receive for the 1 23 year and for each month of the year. At the end of each 1 24 month, the director may revise the estimates for the year and 1 25 remaining months. 1 26 Sec. 3. Section 422E.3, subsection 5, Code 2001, is 1 27 amended by adding the following new paragraph: 1 28 NEW PARAGRAPH. d. Subsection 4 and this subsection do not 1 29 apply to counties that have imposed the local sales and 1 30 services tax for school infrastructure purposes on or after 1 31 March 1, 2001, and to counties that imposed the tax prior to 1 32 March 1, 2001, but voted to continue the imposition of the tax 1 33 beyond March 1, 2001. Subsection 4 and this subsection are 1 34 stricken the earlier of March 1, 2011, or the date when 1 35 subsection 4 and this subsection do not apply to any county. 2 1 Sec. 4. Section 422E.3, Code 2001, is amended by adding 2 2 the following new subsections: 2 3 NEW SUBSECTION. 5A. For counties that impose the local 2 4 sales and services tax for school infrastructure purposes on 2 5 or after March 1, 2001, and counties that voted to continue 2 6 the tax which was originally imposed prior to March 1, 2001, 2 7 the director of revenue and finance shall credit tax receipts 2 8 and interest and penalties from the tax to the county's 2 9 account in the school district local sales and services tax 2 10 fund created in the office of the treasurer of state. 2 11 NEW SUBSECTION. 5B. a. The director of revenue and 2 12 finance within fifteen days of the beginning of each fiscal 2 13 year shall send to each school district where the tax is 2 14 imposed an estimate of the amount of tax moneys each school 2 15 district will receive for the year and for each month of the 2 16 year. At the end of each month, the director may revise the 2 17 estimates for the year and remaining months. 2 18 b. The director shall remit ninety-five percent of the 2 19 estimated tax receipts for the school district to the school 2 20 district on or before August 31 of the fiscal year and on or 2 21 before the last day of each following month. 2 22 c. The director shall remit a final payment of the 2 23 remainder of tax moneys due for the fiscal year before 2 24 November 10 of the next fiscal year. If an overpayment has 2 25 resulted during the previous fiscal year, the November payment 2 26 shall be adjusted to reflect any overpayment. 2 27 d. (1) If more than one school district, or a portion of 2 28 a school district, is located within the county, tax receipts 2 29 shall be remitted to each school district or portion of a 2 30 school district in which the county tax is imposed in a pro 2 31 rata share based upon the ratio of actual enrollment for the 2 32 school district that attends school in the county to the total 2 33 combined actual enrollment for all school districts that 2 34 attend school in the county. 2 35 (2) The combined actual enrollment for a county, for 3 1 purposes of this section, shall be determined for each county 3 2 by the department of management based on the actual enrollment 3 3 figures reported by October 1 to the department of management 3 4 by the department of education pursuant to section 257.6, 3 5 subsection 1. The combined actual enrollment count shall be 3 6 forwarded to the director of revenue and finance by March 1, 3 7 annually, for purposes of supplying estimated tax payment 3 8 figures and making estimated tax payments pursuant to this 3 9 section for the following fiscal year. 3 10 e. The actual tax receipts which a school district shall 3 11 receive shall not exceed the limitation provided in subsection 3 12 5C. 3 13 NEW SUBSECTION. 5C. a. The director of revenue and 3 14 finance by June 1 preceding each fiscal year shall compute the 3 15 statewide tax revenues per student for the coming fiscal year. 3 16 The statewide tax revenues per student is determined by 3 17 estimating the total revenues that would be generated by a one 3 18 percent local option sales and services tax for school 3 19 infrastructure purposes if imposed by all the counties during 3 20 the entire fiscal year and dividing this estimated revenue 3 21 amount by the sum of the combined actual enrollment for all 3 22 counties as described in subsection 5B, paragraph "d", 3 23 subparagraph (2). 3 24 b. The maximum amount that may be paid per student 3 25 pursuant to subsection 5B from tax receipts credited for the 3 26 fiscal year under subsection 5A to the school district local 3 27 sales and services tax account of a county equals the 3 28 statewide tax revenues per student, estimated in paragraph 3 29 "a", multiplied by the quotient of the county tax rate percent 3 30 divided by one percent and multiplied by the quotient of the 3 31 number of quarters the tax is imposed in the county during the 3 32 fiscal year divided by four quarters. 3 33 c. If the amount of the receipts credited for the fiscal 3 34 year under subsection 5A to the school district local sales 3 35 and services tax account of a county is in excess of the 4 1 maximum amount for that account as calculated under paragraph 4 2 "b", the excess shall be transferred by the director of 4 3 revenue and finance to a reserve pool in the fund to be 4 4 distributed to each county which imposed the tax during the 4 5 previous quarter that has not reached the maximum amount for 4 6 that county as calculated under paragraph "b". The moneys in 4 7 the reserve pool shall be distributed quarterly to the 4 8 eligible counties with each county receiving the same dollar 4 9 amount per student until the county reaches the maximum amount 4 10 calculated in paragraph "b". However, for a county that has 4 11 imposed the tax at a rate of less than one percent, the amount 4 12 that county shall receive per student shall be a fraction of 4 13 the amount the other counties received. The fraction equals 4 14 the county tax rate percent divided by one percent. 4 15 Notwithstanding the limitation in paragraph "b", if any 4 16 moneys remain in the reserve pool after all counties which 4 17 have imposed the tax during the previous quarter have reached 4 18 the limitation in paragraph "b", the remaining moneys shall be 4 19 distributed to each county at the same dollar amount per 4 20 student. However, for a county that has imposed the tax at a 4 21 rate of less than one percent, the amount that county shall 4 22 receive per student shall be a fraction of the amount the 4 23 other counties received. The fraction equals the county tax 4 24 rate percent divided by one percent. 4 25 d. Subsections 5A and 5B and this subsection apply to 4 26 counties that impose the local sales and services tax for 4 27 school infrastructure purposes on or after March 1, 2001, and 4 28 to counties that imposed the tax prior to March 1, 2001, but 4 29 voted to continue the imposition of the tax beyond March 1, 4 30 2001. 4 31 Sec. 5. Section 422E.3, subsection 7, Code 2001, is 4 32 amended to read as follows: 4 33 7. Construction contractors may make application to the 4 34 department for a refund of the additional local sales and 4 35 services tax paid under this chapter by reason of taxes paid 5 1 on goods, wares, or merchandise under the conditions specified 5 2 in section 422B.11. The refund shall be paid by the 5 3 department from the appropriate school district's account in 5 4 the local sales and services tax fund or from the school 5 5 district local sales and services tax fund, as applicable. 5 6 The penalty provisions contained in section 422B.11, 5 7 subsection 3, shall apply regarding an erroneous application 5 8 for refund of local sales and services tax paid under this 5 9 chapter. 5 10 Sec. 6. EFFECTIVE AND APPLICABILITY DATES. This Act, 5 11 being deemed of immediate importance, takes effect upon 5 12 enactment. 5 13 EXPLANATION 5 14 The bill provides a limitation on the local option sales 5 15 and services tax revenues collected in a county which are to 5 16 be distributed to school districts in that county. The limit 5 17 is equal to the total tax revenue that would be generated by a 5 18 1 percent school sales and services tax if imposed by all 99 5 19 counties divided by the actual enrollment for school districts 5 20 in the state for the previous school year. Counties that 5 21 collect tax revenue in excess of this per student limit will 5 22 have the revenues transferred to a reserve pool. The moneys 5 23 in the reserve pool will be used to provide additional 5 24 revenues to those counties which have imposed the tax but have 5 25 not reached their per student limit. 5 26 The per student limit is decreased for those counties which 5 27 impose the local sales and services tax for school 5 28 infrastructure purposes at less than 1 percent or impose it 5 29 for less than the entire fiscal year. 5 30 The limitation on tax revenues that school districts in a 5 31 county may receive applies to counties that impose the local 5 32 option sales and services tax on or after March 1, 2001, and 5 33 to those counties that currently impose the tax and vote to 5 34 continue the imposition of the tax beyond March 1, 2001. 5 35 Those counties that currently impose the tax on March 1, 2001, 6 1 will continue to receive the tax revenues collected in the 6 2 county until the end of the 10-year period when the tax is 6 3 automatically repealed. 6 4 The bill takes effect upon enactment. 6 5 LSB 1167XS 79 6 6 mg/pj/5.1
Text: SF00188 Text: SF00190 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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