Text: H01277                            Text: H01279
Text: H01200 - H01299                   Text: H Index
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House Amendment 1278

Amendment Text

PAG LIN
  1  1    Amend House File 663 as follows:
  1  2    #1.  Page 1, by inserting after line 25 the
  1  3 following:
  1  4    "Sec.    .  NEW SECTION.  298.2A  PHYSICAL PLANT
  1  5 AND EQUIPMENT LEVY STATE FUND – DISTRIBUTION.
  1  6    1.  A physical plant and equipment levy state fund
  1  7 is created as a separate and distinct fund in the
  1  8 state treasury under the control of the department of
  1  9 education.  Moneys in the fund include revenues
  1 10 deposited into the fund pursuant to subsection 2,
  1 11 appropriations made to the fund, and other moneys
  1 12 deposited into the fund.  Any moneys disbursed from
  1 13 the fund shall be used as provided in section 298.3.
  1 14    2.  For the school budget year beginning July 1,
  1 15 2004, and for each succeeding budget year, the county
  1 16 treasurer shall remit to the department of education
  1 17 for deposit into the physical plant and equipment levy
  1 18 state fund the property tax revenues received from the
  1 19 collection during the school budget year of the
  1 20 regular physical plant and equipment levy.
  1 21    3.  The amount deposited in the physical plant and
  1 22 equipment levy state fund in a budget year shall be
  1 23 distributed as follows:
  1 24    a.  A school district that imposed during the
  1 25 budget year beginning July 1, 2003, the regular
  1 26 physical plant and equipment levy and that has an
  1 27 infrastructure tax capacity per student above the
  1 28 guaranteed school infrastructure amount shall receive
  1 29 an amount equal to the amount raised by its regular
  1 30 physical plant and equipment levy.
  1 31    b.  (1)  A school district that imposed during the
  1 32 budget year beginning July 1, 2003, the regular
  1 33 physical plant and equipment levy and that has an
  1 34 infrastructure tax capacity per student below its
  1 35 guaranteed school infrastructure amount shall receive
  1 36 an amount equal to the amount raised by its regular
  1 37 physical plant and equipment levy plus an amount equal
  1 38 to its supplemental school infrastructure amount.
  1 39    (2)  A school district that did not impose during
  1 40 but imposed after the budget year beginning July 1,
  1 41 2003, the regular physical plant and equipment levy
  1 42 shall receive an amount equal to the amount raised by
  1 43 the regular physical plant and equipment levy, not to
  1 44 exceed its guaranteed school infrastructure amount.
  1 45 However, if the amount raised is less than its
  1 46 guaranteed school infrastructure amount, the district
  1 47 shall receive an additional amount equal to its
  1 48 supplemental school infrastructure amount.
  1 49    (3)  A school district that had not imposed during
  1 50 the prior budget year the regular physical plant and
  2  1 equipment levy shall receive an amount equal to the
  2  2 amount raised by the regular physical plant and
  2  3 equipment levy not to exceed its guaranteed school
  2  4 infrastructure amount.  However, if the amount raised
  2  5 is less than its guaranteed school infrastructure
  2  6 amount, the district shall receive an additional
  2  7 amount equal to its supplemental school infrastructure
  2  8 amount.
  2  9    (4)  The amount distributed under this paragraph
  2 10 "b" which a school district receives shall not exceed
  2 11 the guaranteed school infrastructure amount.  A school
  2 12 district qualifying for a supplemental school
  2 13 infrastructure amount pursuant to this paragraph "b"
  2 14 shall not receive more than the guaranteed school
  2 15 infrastructure amount in any subsequent year.
  2 16    4.  a.  The department of education by June 1
  2 17 preceding each budget year shall compute the
  2 18 guaranteed school infrastructure amount for each
  2 19 school district, each school district's infrastructure
  2 20 tax capacity per student, the statewide tax revenues
  2 21 per student, and the supplemental school
  2 22 infrastructure amount for the coming budget year.
  2 23    b.  For purposes of distributions under subsection
  2 24 2:
  2 25    (1)  "Guaranteed school infrastructure amount"
  2 26 means for a school district the statewide tax revenues
  2 27 per student, multiplied by the quotient of the regular
  2 28 physical plant and equipment levy rate per thousand
  2 29 dollars imposed in the school district, divided by
  2 30 thirty-three cents per thousand dollars.
  2 31    (2)  "Infrastructure tax capacity per student"
  2 32 means for a school district the estimated amount of
  2 33 revenues that a school district receives or would
  2 34 receive if the regular physical plant and equipment
  2 35 levy of thirty-three cents per thousand dollars is
  2 36 imposed divided by the school district's actual
  2 37 enrollment as determined in section 257.6, subsection
  2 38 1.
  2 39    (3)  "Statewide tax revenues per student" means the
  2 40 amount determined by estimating the total revenues
  2 41 that would be generated by a regular physical plant
  2 42 and equipment levy of thirty-three cents per thousand
  2 43 dollars if imposed by all the school districts during
  2 44 the budget year and dividing this estimated revenue
  2 45 amount by the sum of the combined actual enrollment
  2 46 for all school districts as determined in section
  2 47 257.6, subsection 1.
  2 48    (4)  "Supplemental school infrastructure amount"
  2 49 means the guaranteed school infrastructure amount for
  2 50 the school district less the amount raised by its
  3  1 regular physical plant and equipment levy.
  3  2    5.  In the case of a deficiency in the fund to pay
  3  3 the supplemental school infrastructure amounts in
  3  4 full, the amount available in the fund less the amount
  3  5 raised by the regular levy attributed to each school
  3  6 district should be allocated based on the proportion
  3  7 of actual enrollment in the district to the combined
  3  8 actual enrollment of the school districts that qualify
  3  9 for the supplemental school infrastructure amount.
  3 10    6.  A school district with less than two hundred
  3 11 fifty actual enrollment or less than one hundred
  3 12 actual enrollment in the high school shall not expend
  3 13 the supplemental school infrastructure amount received
  3 14 for new construction or for payments for bonds issued
  3 15 for new construction against the supplemental school
  3 16 infrastructure amount without prior application to the
  3 17 department of education and receipt of a certificate
  3 18 of need pursuant to this subsection.  However, a
  3 19 certificate of need is not required for the payment of
  3 20 outstanding bonds issued for new construction pursuant
  3 21 to section 296.1, before April 1, 2003.  A
  3 22 certification of need is also not required for
  3 23 repairing schoolhouses or buildings, equipment,
  3 24 technology, or transportation equipment for
  3 25 transporting students as provided in section 298.3, or
  3 26 for construction necessary for compliance with the
  3 27 federal Americans With Disabilities Act pursuant to 42
  3 28 U.S.C. } 12101-12117.  In determining whether a
  3 29 certificate of need shall be issued, the department
  3 30 shall consider all of the following:
  3 31    a.  Enrollment trends in the grades that will be
  3 32 served at the new construction site.
  3 33    b.  The infeasibility of remodeling,
  3 34 reconstructing, or repairing existing buildings.
  3 35    c.  The fire and health safety needs of the school
  3 36 district.
  3 37    d.  The distance, convenience, cost of
  3 38 transportation, and accessibility of the new
  3 39 construction site to the students to be served at the
  3 40 new construction site.
  3 41    e.  Availability of alternative, less costly, or
  3 42 more effective means of serving the needs of the
  3 43 students.
  3 44    f.  Any other criteria deemed appropriate as set by
  3 45 rules of the state board of education.
  3 46    7.  This section does not apply to the collection
  3 47 and distribution of any voter-approved physical plant
  3 48 and equipment levy."
  3 49    #2.  Title page, line 4, by inserting after the
  3 50 word "purposes" the following:  "and the regular
  4  1 physical plant and equipment levies".  
  4  2 
  4  3 
  4  4                               
  4  5 WENDT of Woodbury
  4  6 HF 663.501 80
  4  7 mg/pj
     

Text: H01277                            Text: H01279
Text: H01200 - H01299                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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