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House Journal: Page 1798: Thursday, May 3, 2001

20 adoption of the plan, the board of directors shall
21 hold a public hearing on the question of approval of
22 the proposed plan. The board shall set forth its
23 proposal and shall publish the notice of the time and
24 place of a public hearing on the proposed plan.
25 Notice of the time and place of the public hearing
26 shall be published not less than ten nor more than
27 twenty days before the public hearing in a newspaper
28 which is a newspaper of general circulation in the
29 school district. At the hearing, or no later than
30 thirty days after the date of the hearing, the board
31 shall take action to adopt the proposed plan.
32 b. If the board adopts the plan, moneys received
33 shall be used according to the plan unless within
34 twenty-eight days following the action of the board,
35 the secretary of the board receives a petition
36 containing signatures of registered voters equal in
37 number to five percent of the voters in the school
38 district who voted at the last general election,
39 asking that an election be called to approve or
40 disapprove the action of the board. The board shall
41 either rescind its action or direct the county
42 commissioner of elections to submit the question to
43 the registered voters of the school district at the
44 next following regular school election or a special
45 election. If a majority of those voting on the
46 question at the election favors disapproval of the
47 action of the board, the district shall use the moneys
48 received as provided in paragraph "c" for the fiscal
49 year.
50 At the expiration of the twenty-eight day period,

Page 5

1 if no petition is filed, the board shall use the
2 moneys received according to the plan for the duration
3 of the plan. However, the board may, at anytime,
4 expend a greater share of moneys received for property
5 tax relief than otherwise specified in the plan.
6 c. If an election is held and the plan is
7 disapproved, as provided in paragraph "b", or if a
8 plan is not approved by the board, moneys received by
9 a school district shall be used for the fiscal year to
10 reduce the following levies in the following order:
11 (1) Bond levies under sections 298.18 and 298.18A
12 and other debt levies until the moneys received or the
13 levies are reduced to zero.
14 (2) The physical plant and equipment levy under
15 section 298.2, until the moneys received or the levy
16 is reduced to zero.
17 (3) The public educational and recreational
18 activities levy under section 300.2, until the moneys


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