Text: SF00480                           Text: SF00482
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Senate File 481

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 257.10, subsection 8, unnumbered
  1  2 paragraph 1, Code 2001, is amended to read as follows:
  1  3    Combined district cost is the sum of the regular program
  1  4 district cost per pupil multiplied by the weighted enrollment
  1  5 and the special education support services district cost, plus
  1  6 the additional district cost allocated to the district to fund
  1  7 media services and educational services provided through the
  1  8 area education agency.  For the school budget year beginning
  1  9 July 1, 2001, and succeeding budget years, combined district
  1 10 cost shall include the instructional support program budget
  1 11 adjustment pursuant to section 257.18A.
  1 12    Sec. 2.  NEW SECTION.  257.18A  INSTRUCTIONAL SUPPORT
  1 13 PROGRAM – BUDGET ADJUSTMENT.
  1 14    1.  For the school budget year beginning July 1, 2001, and
  1 15 succeeding budget years, an instructional support program
  1 16 budget adjustment that provides additional funding for school
  1 17 districts is established.  The additional funding for the
  1 18 instructional support program budget adjustment for a budget
  1 19 year is limited to an amount not exceeding ten percent of the
  1 20 total of regular program district cost for the budget year and
  1 21 moneys received under section 257.14 as a budget adjustment
  1 22 for the budget year.  Moneys received by a district for the
  1 23 instructional support program may be used for any general fund
  1 24 purpose, but shall not be used as, or in a manner which has
  1 25 the effect of, supplanting funds authorized to be received
  1 26 under sections 257.41, 257.46, 298.2, and 298.4, or to cover
  1 27 any deficiencies in funding for special education
  1 28 instructional services resulting from the application of the
  1 29 special education weighting plan under section 256B.9.
  1 30    2.  The amount of the instructional support program budget
  1 31 adjustment to be received by a school district shall be
  1 32 determined annually by the department of management, and shall
  1 33 be added to the combined district cost pursuant to section
  1 34 257.10, subsection 8.
  1 35    Sec. 3.  Section 257.29, Code 2001, is amended to read as
  2  1 follows:
  2  2    257.29  EDUCATIONAL IMPROVEMENT PROGRAM.
  2  3    An educational improvement program is established to
  2  4 provide additional funding for school districts in which the
  2  5 regular program district cost per pupil for a budget year is
  2  6 one hundred ten percent of the regular program state cost per
  2  7 pupil for the budget year and which have approved the use of
  2  8 the instructional support program established in section
  2  9 257.18.  A board of directors that wishes to consider
  2 10 participating in the educational improvement program shall
  2 11 hold a hearing on the question of participation and the
  2 12 maximum percent of the regular program district cost of the
  2 13 district that will be used.  The hearing shall be held in the
  2 14 manner provided in section 257.18, Code 2001, for the
  2 15 instructional support program as applicable for school budget
  2 16 years prior to July 1, 2001.  Following the hearing, the board
  2 17 may direct the county commissioner of elections to submit the
  2 18 question to the registered voters of the school district at
  2 19 the next following regular school election or a special
  2 20 election held not later than the following February 1.  If a
  2 21 majority of those voting on the question favors participation
  2 22 in the program, the board shall adopt a resolution to
  2 23 participate and shall certify the results of the election to
  2 24 the department of management and the district shall
  2 25 participate in the program.  If a majority of those voting on
  2 26 the question does not favor participation, the district shall
  2 27 not participate in the program.
  2 28    The educational improvement program shall provide
  2 29 additional revenues each fiscal year equal to a specified
  2 30 percent of the regular program district cost of the district,
  2 31 as determined by the board but not more than the maximum
  2 32 percent authorized by the electors if an election has been
  2 33 held.  Certification of a district's participation for a
  2 34 budget year, the method of funding, and the amount to be
  2 35 raised shall be made to the department of management not later
  3  1 than April 15 of the base year.
  3  2    The educational improvement program shall be funded by
  3  3 either an educational improvement property tax or by a
  3  4 combination of an educational improvement property tax and an
  3  5 educational improvement income surtax.  The method of raising
  3  6 the educational improvement moneys shall be determined by the
  3  7 board.  Subject to the limitation in section 298.14, if the
  3  8 board uses a combination of an educational improvement
  3  9 property tax and an educational improvement income surtax, the
  3 10 board shall determine the percent of income surtax to be
  3 11 imposed, expressed as full percentage points, not to exceed
  3 12 twenty percent.
  3 13    The department of management shall establish the amount of
  3 14 the educational improvement property tax to be levied or the
  3 15 amount of the combination of the educational improvement
  3 16 property tax to be levied and the amount of the school
  3 17 district income surtax to be imposed for each school year that
  3 18 the educational improvement amount is authorized.  The
  3 19 educational improvement property tax and income surtax, if an
  3 20 income surtax is imposed, shall be levied and imposed,
  3 21 collected, and paid to the school district in the manner
  3 22 provided for the instructional support program in sections
  3 23 257.21 through 257.26, Code 2001, as applicable for school
  3 24 budget years prior to July 1, 2001.  Moneys received by a
  3 25 school district under the educational improvement program are
  3 26 miscellaneous income.
  3 27    Once approved at an election, the authority of the board to
  3 28 use the educational improvement program shall continue until
  3 29 the board votes to rescind the educational improvement program
  3 30 or the voters of the school district by majority vote order
  3 31 the discontinuance of the program.  The board shall call an
  3 32 election to vote on the proposition whether to discontinue the
  3 33 program upon the receipt of a petition signed by not less than
  3 34 one hundred eligible electors or thirty percent of the number
  3 35 of electors voting at the last preceding school election,
  4  1 whichever is greater.
  4  2    Participation in an educational improvement program is not
  4  3 affected by a change in the boundaries of the school district,
  4  4 except as otherwise provided in this section.  If each school
  4  5 district involved in school reorganization under chapter 275
  4  6 has approved an educational improvement program, and if the
  4  7 voters have not voted upon the question of participation in
  4  8 the program in the reorganized district, the educational
  4  9 improvement program shall be in effect for the reorganized
  4 10 district that has been approved for the least amount and the
  4 11 shortest time in any of the districts.
  4 12    Notwithstanding the requirement in the first unnumbered
  4 13 paragraph of this section that the regular program district
  4 14 cost per pupil for a budget year is one hundred ten percent of
  4 15 the regular state cost per pupil, the board of directors may
  4 16 participate in the educational improvement program as provided
  4 17 in this section if the school district had adopted an
  4 18 enrichment levy of fifteen percent of the state cost per pupil
  4 19 multiplied by the budget enrollment in the district prior to
  4 20 July 1, 1992, and upon expiration of the period for which the
  4 21 enrichment levy was adopted, adopts a resolution for the use
  4 22 of the instructional support program established in section
  4 23 257.18, Code 2001, as applicable for budget years prior to
  4 24 July 1, 2001.  The maximum percent of the regular district
  4 25 cost of the district that may be used under this paragraph
  4 26 shall not exceed five percent.
  4 27    Sec. 4.  Section 298.2, subsection 4, unnumbered paragraph
  4 28 2, Code 2001, is amended to read as follows:
  4 29    If a combination of a property tax and income surtax is
  4 30 used, by April 15 of the previous school year, the board shall
  4 31 certify the percent of the income surtax to be imposed and the
  4 32 amount to be raised to the department of management and the
  4 33 department of management shall establish the rate of the
  4 34 property tax and income surtax for the school year.  The
  4 35 physical plant and equipment property tax and income surtax
  5  1 shall be levied or imposed, collected, and paid to the school
  5  2 district in the manner provided for the instructional support
  5  3 program in sections 257.21 through 257.26, Code 2001, as
  5  4 applicable for budget years prior to July 1, 2001.
  5  5    Sec. 5.  Section 298.14, Code 2001, is amended to read as
  5  6 follows:
  5  7    298.14  SCHOOL DISTRICT INCOME SURTAXES.
  5  8    For each fiscal year, the cumulative total of the percents
  5  9 of surtax approved by the board of directors of a school
  5 10 district and collected by the department of revenue and
  5 11 finance under sections 257.21, 257.29, and 298.2, and the
  5 12 enrichment surtax under section 442.15, Code 1989, and an
  5 13 income surtax collected by a political subdivision under
  5 14 chapter 422D, shall not exceed twenty percent.
  5 15    A school district income surtax fund is created in the
  5 16 office of treasurer of state.  Income surtaxes collected by
  5 17 the department of revenue and finance under sections 257.21,
  5 18 257.29, and 298.2 and section 442.15, Code 1989, shall be
  5 19 deposited in the school district income surtax fund to the
  5 20 credit of each school district.  A separate accounting of each
  5 21 surtax, by school district, shall be maintained.
  5 22    The director of revenue and finance shall draw warrants in
  5 23 payment of the surtaxes collected in each school district.
  5 24 Warrants shall be payable in two installments to be paid on
  5 25 approximately the first day of December and the first day of
  5 26 February following collection of the taxes and shall be
  5 27 delivered to the respective school districts.
  5 28    Sec. 6.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection
  5 29 3, shall not apply to this Act.
  5 30    Sec. 7.  Sections 257.18 through 257.27, Code 2001, are
  5 31 repealed effective June 30, 2001.
  5 32    Sec. 8.  EFFECTIVE DATES.  This Act, being deemed of
  5 33 immediate importance, takes effect upon enactment.  
  5 34                           EXPLANATION
  5 35    This bill provides for the mandatory imposition of the
  6  1 instructional support program by all school districts in the
  6  2 state.  Currently, Code sections 257.18 through 257.27 provide
  6  3 that a school district may establish an instructional support
  6  4 program to be funded through a combination of state aid and
  6  5 local funding consisting of either a property tax levy or a
  6  6 combination of property tax and income surtax.  Additionally,
  6  7 these current provisions authorize a decision to participate
  6  8 in the program for up to five years by board action, or for up
  6  9 to 10 years with voter approval.  The bill provides for the
  6 10 repeal of Code sections 257.18 through 257.27 effective June
  6 11 30, 2001, and implements an instructional support program
  6 12 budget adjustment to be made annually by the department of
  6 13 management.  The bill provides that for the school budget year
  6 14 beginning July 1, 2001, and succeeding budget years, the
  6 15 budget adjustment would be an addition to the combined
  6 16 district cost for a school district, which would result in an
  6 17 increase in the additional property tax levy imposed pursuant
  6 18 to Code section 257.4, subsection 1.
  6 19    The bill may include a state mandate as defined in Code
  6 20 section 25B.3.  The bill makes inapplicable Code section
  6 21 25B.2, subsection 3, which would relieve a political
  6 22 subdivision from complying with a state mandate if funding for
  6 23 the cost of the state mandate is not provided or specified.
  6 24 Therefore, political subdivisions are required to comply with
  6 25 any state mandate included in the bill.
  6 26    The bill provides conforming changes regarding the repeal
  6 27 of Code sections 257.18 through 257.27.
  6 28    The bill takes effect upon enactment.  
  6 29 LSB 1336XS 79
  6 30 rn/cls/14.1
     

Text: SF00480                           Text: SF00482
Text: SF00400 - SF00499                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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