Text: HSB00181                          Text: HSB00183
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index



House Study Bill 182

Bill Text

PAG LIN
  1  1    Section 1.  Section 422E.1, subsection 3, Code 2003, is
  1  2 amended to read as follows:
  1  3    3.  Local Except as provided in subsection 4, local sales
  1  4 and services tax moneys received by a county for school
  1  5 infrastructure purposes pursuant to this chapter shall be
  1  6 utilized solely for school infrastructure needs.  For purposes
  1  7 of this chapter, "school infrastructure" means those
  1  8 activities for which a school district is authorized to
  1  9 contract indebtedness and issue general obligation bonds under
  1 10 section 296.1, except those activities related to a teacher's
  1 11 or superintendent's home or homes.  These activities include
  1 12 the construction, reconstruction, repair, purchasing, or
  1 13 remodeling of schoolhouses, stadiums, gyms, fieldhouses, and
  1 14 bus garages and the procurement of schoolhouse construction
  1 15 sites and the making of site improvements.  Additionally,
  1 16 "school infrastructure" includes the payment or retirement of
  1 17 outstanding bonds previously issued for school infrastructure
  1 18 purposes as defined in this subsection, and the payment or
  1 19 retirement of bonds issued under section 422E.4.
  1 20    Sec. 2.  Section 422E.1, Code 2003, is amended by adding
  1 21 the following new subsection:
  1 22    NEW SUBSECTION.  4.  a.  Local sales and services tax
  1 23 moneys received by a school district located entirely or
  1 24 partially in a county that has imposed the tax on or after
  1 25 January 1, 2003, or that voted to continue a tax which was
  1 26 originally imposed prior to January 1, 2003, shall be spent
  1 27 for property tax relief or infrastructure purposes according
  1 28 to an infrastructure plan developed by the board of directors.
  1 29 The infrastructure plan may apply to more than one fiscal
  1 30 year.  Prior to adoption of the plan, the board of directors
  1 31 shall hold a public hearing on the question of approval of the
  1 32 proposed plan.  The board shall set forth its proposal and
  1 33 shall publish the notice of the time and place of a public
  1 34 hearing on the proposed plan.  Notice of the time and place of
  1 35 the public hearing shall be published not less than ten nor
  2  1 more than twenty days before the public hearing in a newspaper
  2  2 which is a newspaper of general circulation in the school
  2  3 district.  At the hearing, or no later than thirty days after
  2  4 the date of the hearing, the board shall take action to adopt
  2  5 the proposed plan.
  2  6    b.  If the board adopts the plan, the board shall direct
  2  7 the county commissioner of elections to submit the question of
  2  8 the approval or disapproval of the infrastructure plan to the
  2  9 registered voters of the school district at the next following
  2 10 regular school election or a special election.  If at least
  2 11 sixty percent of those voting on the question favor the plan
  2 12 of the board, the moneys received shall be used according to
  2 13 the plan beginning with the first fiscal year following that
  2 14 election until a change in the plan is approved at a
  2 15 subsequent election by at least sixty percent of those voting
  2 16 on the question.  If at least sixty percent of those voting on
  2 17 the question at the election does not favor the plan of the
  2 18 board, the district shall use the moneys received as provided
  2 19 in paragraph "c" for the fiscal year.
  2 20    A plan approved at an election shall only be valid for up
  2 21 to ten years at which time the board must approve another plan
  2 22 or the same one and submit this plan at an election in the
  2 23 same manner and under the same conditions as provided for the
  2 24 original plan.
  2 25    c.  If the infrastructure plan is not approved at an
  2 26 election as provided in paragraph "b", or if a plan is not
  2 27 approved by the board, moneys received by a school district or
  2 28 moneys in excess of those needed for infrastructure purposes
  2 29 according to an approved plan shall be used for the fiscal
  2 30 year to reduce the following levies in the following order:
  2 31    (1)  Bond levies under sections 298.18 and 298.18A and all
  2 32 other debt levies until the moneys received or the levies are
  2 33 reduced to zero.
  2 34    (2)  The nonvoter-approved instructional support levy under
  2 35 section 257.18, until the moneys received or the levy is
  3  1 reduced to zero.
  3  2    (3)  The voter-approved physical plant and equipment levy
  3  3 under section 298.2, until the moneys received or the levy is
  3  4 reduced to zero.
  3  5    (4)  The voter-approved instructional support levy under
  3  6 section 257.18, until the moneys received or the levy is
  3  7 reduced to zero.
  3  8    (5)  The additional property tax levy under section 257.4,
  3  9 until the moneys received or the levy is reduced to zero.
  3 10    Any money remaining after the reduction of the levies
  3 11 specified in this paragraph "c" may be used for any property
  3 12 tax levy reduction purpose of the school district.
  3 13    d.  For purposes of this subsection, "infrastructure
  3 14 purposes" means those purposes for which a school district is
  3 15 authorized to contract indebtedness and issue general
  3 16 obligation bonds under chapter 296 or to expend tax revenues
  3 17 under section 298.3, the payment of principal and interest on
  3 18 general obligation bonds issued under chapter 296 or section
  3 19 298.20 or loan agreements under section 297.36, payments made
  3 20 pursuant to a real property lease or lease-purchase agreement,
  3 21 or the payment of principal and interest on bonds issued under
  3 22 section 422E.4.
  3 23    e.  Notwithstanding any other provision in this subsection,
  3 24 moneys received by a school district subject to this
  3 25 subsection during the fiscal period beginning January 1, 2003,
  3 26 and ending June 30, 2004, shall be dedicated for property tax
  3 27 relief by reducing the levies specified in paragraph "c" for
  3 28 taxes payable in the fiscal year beginning July 1, 2004.
  3 29 However, if an infrastructure plan is approved at an election
  3 30 by the required sixty percent of those voting prior to March
  3 31 1, 2004, any amount of such dedicated moneys may be used for
  3 32 the purposes specified under the plan.
  3 33    Sec. 3.  Section 422E.3, subsection 4, Code 2003, is
  3 34 amended to read as follows:
  3 35    4.  The For counties that have imposed the local sales and
  4  1 services tax for school infrastructure purposes prior to
  4  2 January 1, 2003, the director of revenue and finance shall
  4  3 credit tax receipts and interest and penalties from the local
  4  4 sales and services tax for school infrastructure purposes to
  4  5 an account within the county's local sales and services tax
  4  6 fund, as created in section 422B.10, subsection 1, maintained
  4  7 in the name of the school district or school districts located
  4  8 within the county.  If the director is unable to determine
  4  9 from which county any of the receipts were collected, those
  4 10 receipts shall be allocated among the possible counties based
  4 11 on allocation rules adopted by the director.
  4 12    Sec. 4.  Section 422E.3, subsection 5, paragraph a, Code
  4 13 2003, is amended to read as follows:
  4 14    a.  The For counties that have imposed the local sales and
  4 15 services tax for school infrastructure purposes prior to
  4 16 January 1, 2003, the director of revenue and finance by August
  4 17 15 of each fiscal year shall send to each school district
  4 18 where the tax is imposed an estimate of the amount of tax
  4 19 moneys each school district will receive for the year and for
  4 20 each month of the year.  At the end of each month, the
  4 21 director may revise the estimates for the year and remaining
  4 22 months.
  4 23    Sec. 5.  Section 422E.3, subsection 5, Code 2003, is
  4 24 amended by adding the following new paragraph:
  4 25    NEW PARAGRAPH.  d.  Subsection 4 and this subsection do not
  4 26 apply to counties that have imposed the local sales and
  4 27 services tax for school infrastructure purposes on or after
  4 28 January 1, 2003, and to counties that imposed the tax prior to
  4 29 January 1, 2003, but voted to continue the imposition of the
  4 30 tax beyond January 1, 2003.  Subsection 4 and this subsection
  4 31 are repealed the earlier of January 1, 2013, or the date when
  4 32 subsection 4 and this subsection do not apply to any county.
  4 33    Sec. 6.  Section 422E.3, Code 2003, is amended by adding
  4 34 the following new subsections:
  4 35    NEW SUBSECTION.  5A.  For counties that impose the local
  5  1 sales and services tax for school infrastructure purposes on
  5  2 or after January 1, 2003, and counties that voted to continue
  5  3 the tax which was originally imposed prior to January 1, 2003,
  5  4 the director of revenue and finance shall credit tax receipts
  5  5 and interest and penalties from the tax to the county's
  5  6 account in the school district local sales and services tax
  5  7 fund created in the office of the treasurer of state.
  5  8    NEW SUBSECTION.  5B.  a.  The director of revenue and
  5  9 finance by August 15 of each fiscal year shall send to each
  5 10 school district where the tax is imposed an estimate of the
  5 11 amount of tax moneys each school district will receive for the
  5 12 year and for each month of the year.  At the end of each
  5 13 month, the director may revise the estimates for the year and
  5 14 remaining months.
  5 15    b.  The director shall remit ninety-five percent of the
  5 16 estimated tax receipts for the school district to the school
  5 17 district on or before August 31 of the fiscal year and on or
  5 18 before the last day of each following month.
  5 19    c.  The director shall remit a final payment of the
  5 20 remainder of tax moneys due for the fiscal year before
  5 21 November 10 of the next fiscal year.  If an overpayment has
  5 22 resulted during the previous fiscal year, the November payment
  5 23 shall be adjusted to reflect any overpayment.
  5 24    d.  (1)  If more than one school district, or a portion of
  5 25 a school district, is located within the county, tax receipts
  5 26 shall be remitted to each school district or portion of a
  5 27 school district in which the county tax is imposed in a pro
  5 28 rata share based upon the ratio of actual enrollment for the
  5 29 school district of students that attend school in the county
  5 30 to the total combined actual enrollment for all school
  5 31 districts of students that attend school in the county.
  5 32    (2)  The combined actual enrollment for a county, for
  5 33 purposes of this section, shall be determined for each county
  5 34 by the department of management based on the actual enrollment
  5 35 figures reported by October 1 to the department of management
  6  1 by the department of education pursuant to section 257.6,
  6  2 subsection 1.  The combined actual enrollment count shall be
  6  3 forwarded to the director of revenue and finance by March 1,
  6  4 annually, for purposes of supplying estimated tax payment
  6  5 figures and making estimated tax payments pursuant to this
  6  6 section for the following fiscal year.
  6  7    e.  The actual tax receipts which a school district shall
  6  8 receive shall not exceed the limitation provided in subsection
  6  9 5C.
  6 10    NEW SUBSECTION.  5C.  a.  The director of revenue and
  6 11 finance by June 1 preceding each fiscal year shall compute the
  6 12 statewide tax revenues per student for the coming fiscal year.
  6 13 The statewide tax revenues per student is determined by
  6 14 estimating the total revenues that would be generated by a one
  6 15 percent local option sales and services tax for school
  6 16 infrastructure purposes if imposed by all the counties during
  6 17 the entire fiscal year and dividing this estimated revenue
  6 18 amount by the sum of the combined actual enrollment for all
  6 19 counties as described in subsection 5B, paragraph "d",
  6 20 subparagraph (2).
  6 21    b.  The maximum amount that may be paid per student
  6 22 pursuant to subsection 5B from tax receipts credited for the
  6 23 fiscal year under subsection 5A to the school district local
  6 24 sales and services tax account of a county equals the
  6 25 statewide tax revenues per student, estimated in paragraph
  6 26 "a", multiplied by the quotient of the county tax rate percent
  6 27 divided by one percent and multiplied by the quotient of the
  6 28 number of quarters the tax is imposed in the county during the
  6 29 fiscal year divided by four quarters.
  6 30    c.  If the amount of the receipts credited for the fiscal
  6 31 year under subsection 5A to the school district local sales
  6 32 and services tax account of a county is in excess of the
  6 33 maximum amount for that account as calculated under paragraph
  6 34 "b", the excess shall be transferred by the director of
  6 35 revenue and finance to a reserve pool in the fund to be
  7  1 distributed to each county which imposed the tax during the
  7  2 previous quarter that has not reached the maximum amount for
  7  3 that county as calculated under paragraph "b".  The moneys in
  7  4 the reserve pool shall be distributed quarterly to the
  7  5 eligible counties with each county receiving the same dollar
  7  6 amount per student until the county reaches the maximum amount
  7  7 calculated in paragraph "b".  However, for a county that has
  7  8 imposed the tax at a rate of less than one percent, the amount
  7  9 that county shall receive per student shall be a fraction of
  7 10 the amount the other counties received.  The fraction equals
  7 11 the county tax rate percent divided by one percent.
  7 12    Notwithstanding the limitation in paragraph "b", if any
  7 13 moneys remain in the reserve pool after all counties which
  7 14 have imposed the tax during the previous quarter have reached
  7 15 the limitation in paragraph "b", the remaining moneys shall be
  7 16 distributed to each county which has imposed the tax during
  7 17 the previous quarter at the same dollar amount per student.
  7 18 However, for a county that has imposed the tax at a rate of
  7 19 less than one percent, the amount that county shall receive
  7 20 per student shall be a fraction of the amount the other
  7 21 counties received.  The fraction equals the county tax rate
  7 22 percent divided by one percent.
  7 23    d.  Subsections 5A and 5B and this subsection apply to
  7 24 counties that impose the local sales and services tax for
  7 25 school infrastructure purposes on or after January 1, 2003,
  7 26 and to counties that imposed the tax prior to January 1, 2003,
  7 27 but voted to continue the imposition of the tax beyond January
  7 28 1, 2003.
  7 29    Sec. 7.  Section 422E.3, subsection 7, Code 2003, is
  7 30 amended to read as follows:
  7 31    7.  Construction contractors may make application to the
  7 32 department for a refund of the additional local sales and
  7 33 services tax paid under this chapter by reason of taxes paid
  7 34 on goods, wares, or merchandise under the conditions specified
  7 35 in section 422B.11.  The refund shall be paid by the
  8  1 department from the appropriate school district's account in
  8  2 the local sales and services tax fund or from the school
  8  3 district local sales and services tax fund, as applicable.
  8  4 The penalty provisions contained in section 422B.11,
  8  5 subsection 3, shall apply regarding an erroneous application
  8  6 for refund of local sales and services tax paid under this
  8  7 chapter.
  8  8    Sec. 8.  EFFECTIVE AND RETROACTIVE APPLICABILITY DATES.
  8  9 This Act, being deemed of immediate importance, takes effect
  8 10 upon enactment and applies retroactively to January 1, 2003.  
  8 11                           EXPLANATION
  8 12    The bill provides a limitation on the local option sales
  8 13 and services tax revenues collected in a county which are to
  8 14 be distributed to school districts in that county.  The limit
  8 15 is equal to the total tax revenue that would be generated by a
  8 16 1 percent school sales and services tax if imposed by all 99
  8 17 counties divided by the actual enrollment for school districts
  8 18 in the state for the previous school year.  Counties that
  8 19 collect tax revenue in excess of this per student limit will
  8 20 have the revenues transferred to a reserve pool.  The moneys
  8 21 in the reserve pool will be used to provide additional
  8 22 revenues to those counties which have imposed the tax but have
  8 23 not reached their per student limit.
  8 24    The per student limit is decreased for those counties which
  8 25 impose the local sales and services tax for school
  8 26 infrastructure purposes at less than 1 percent or impose it
  8 27 for less than the entire fiscal year.
  8 28    The limitation on tax revenues that school districts in a
  8 29 county may receive applies to counties that impose the local
  8 30 option sales and services tax on or after January 1, 2003, and
  8 31 to those counties that currently impose the tax and vote to
  8 32 continue the imposition of the tax beyond January 1, 2003.
  8 33 Those counties that currently impose the tax on January 1,
  8 34 2003, will continue to receive the tax revenues collected in
  8 35 the county until the end of the 10-year period when the tax is
  9  1 automatically repealed.  The other school districts subject to
  9  2 the new limitation under the bill will be required to spend
  9  3 the revenues for property tax relief by lowering the debt
  9  4 service levies, the voter-approved physical plant and
  9  5 equipment levy, the instructional support levy, or the
  9  6 additional property tax levy under the school aid formula
  9  7 unless the school board adopts an infrastructure plan which is
  9  8 approved at an election by 60 percent of those voting.
  9  9    The bill takes effect upon enactment and applies
  9 10 retroactively to January 1, 2003.  
  9 11 LSB 1985YC 80
  9 12 mg/sh/8
     

Text: HSB00181                          Text: HSB00183
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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