Senate File 81 - Enrolled




                                             SENATE FILE 81

                             AN ACT
 RELATING TO ASSISTING SCHOOLS TO RECOVER FROM DISASTER BY
    CHANGING THE APPROVAL METHOD FOR TRANSFERS OF EMERGENCY FUND
    MONEYS, BY MODIFYING CERTAIN FUNDING PROVISIONS TO RELATE TO
    DISASTER RECOVERY, AND BY ALLOWING AREA EDUCATION AGENCY
    BOARDS GREATER AUTHORITY TO PURCHASE AND LEASE=PURCHASE
    PROPERTY.

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 24.6, Code 2009, is amended to read as
 follows:
    24.6  EMERGENCY FUND == LEVY.
    1.  A municipality may include in the estimate required, an
 estimate for an emergency fund.  A municipality may assess and
 levy a tax for the emergency fund at a rate not to exceed
 twenty=seven cents per thousand dollars of assessed value of
 taxable property of the municipality, provided that.  However,
 an emergency tax levy shall not be made until the municipality
 has first petitioned the state board and received its
 approval.
    2.  a.  Transfers of moneys may be made from the emergency
 fund to any other fund of the municipality for the purpose of
 meeting deficiencies in a fund arising from any cause,
 provided that.  However, a transfer shall not be made except
 upon the written approval of the state board, and then only
 when that approval is requested by a two=thirds vote of the
 governing body of the municipality.
    b.  Notwithstanding the requirements of paragraph "a", if
 the municipality is a school corporation, the school
 corporation may transfer money from the emergency fund to any
 other fund of the school corporation for the purpose of
 meeting deficiencies in a fund arising within two years of a
 disaster as defined in section 29C.2, subsection 1.  However,
 a transfer under this paragraph "b" shall not be made without
 the written approval of the school budget review committee.
    Sec. 2.  Section 256.9, Code 2009, is amended by adding the
 following new subsection:
    NEW SUBSECTION.  61.  Grant to public school districts and
 accredited nonpublic schools waivers from statutory
 obligations with which the entities cannot reasonably comply
 within two years after a disaster as defined in section 29C.2,
 subsection 1.
    Sec. 3.  Section 256.9, Code 2009, is amended by adding the
 following new subsection:
    NEW SUBSECTION.  62.  Report to the general assembly
 annually by January 1, beginning January 1, 2010, about the
 necessity of waiving any statutory obligations for school
 districts, as authorized under section 256.7, due to a
 disaster as defined in section 29C.2, subsection 1.  The
 department's report shall specify each waiver and the
 determination for granting each waiver.  The department shall
 provide the report to the speaker of the house and president
 of the senate and to the chairpersons of the appropriate
 standing committees of the general assembly.
    Sec. 4.  Section 257.31, subsection 7, paragraph a, Code
 2009, is amended to read as follows:
    a.  The committee may authorize a district to spend a
 reasonable and specified amount from its unexpended cash
 balance for either of the following purposes:
    (1)  Furnishing, equipping, and contributing to the
 construction of a new building or structure for which the
 voters of the district have approved a bond issue as provided
 by law or the tax levy provided in section 298.2.
    (2)  The costs associated with the demolition of an unused
 school building, or the conversion of an unused school
 building for community use, in a school district involved in a
 dissolution or reorganization under chapter 275, if the costs
 are incurred within three years of the dissolution or
 reorganization.
    (3)  The costs associated with the demolition or repair of
 a building or structure in a school district if such costs are
 necessitated by, and incurred within two years of, a disaster
 as defined in section 29C.2, subsection 1.
    Sec. 5.  Section 273.2, subsection 2, Code 2009, is amended
 to read as follows:
    2.  An area education agency established under this chapter
 is a body politic as a school corporation for the purpose of
 exercising powers granted under this chapter, and may sue and
 be sued.  An area education agency may hold property and
 execute purchase agreements within two years of a disaster as
 defined in section 29C.2, subsection 1, and lease=purchase
 agreements pursuant to section 273.3, subsection 7, and if the
 lease lease=purchase agreement exceeds ten years or the
 purchase price of the property to be acquired pursuant to a
 purchase or lease=purchase agreement exceeds twenty=five
 thousand dollars, the area education agency shall conduct a
 public hearing on the proposed purchase or lease=purchase
 agreement and receive approval from the area education agency
 board of directors and the director of the department state
 board of education or its designee before entering into the
 agreement.
    Sec. 6.  Section 273.3, subsection 7, Code 2009, is amended
 to read as follows:
    7.  Be authorized to lease, purchase, or lease=purchase,
 subject to the approval of the director of the department
 state board of education or its designee and to receive by
 gift and operate and maintain facilities and buildings
 necessary to provide authorized programs and services.
 However, a lease for less than ten years and with an annual
 cost of less than twenty=five thousand dollars does not
 require the approval of the director state board.  If a lease
 requires approval, the director The state board shall not
 approve the a lease, purchase, or lease=purchase until the
 director state board is satisfied by investigation that public
 school corporations within the area do not have suitable
 facilities available.  A purchase of property that is not a
 lease=purchase may be made only within two years of a disaster
 as defined in section 29C.2, subsection 1, and subject to the
 requirements of this subsection.
    Sec. 7.  NEW SECTION.  273.14  EMERGENCY REPAIRS.
    When emergency repairs costing more than the competitive
 bid threshold in section 26.3, or the adjusted competitive bid
 threshold established in section 314.1B, subsection 2, are
 necessary in order to ensure the use of an area education
 agency facility, the provisions of law with reference to
 advertising for bids shall not apply within two years of a
 disaster as defined in section 29C.2, subsection 1, and the
 area education agency board may contract for such emergency
 repairs without advertising for bids.  However, before such
 emergency repairs can be made to an area education agency
 facility, the state board of education or its designee must
 certify that such emergency repairs are necessary to ensure
 the use of the area education agency facility.
    Sec. 8.  Section 297.8, Code 2009, is amended to read as
 follows:
    297.8  EMERGENCY REPAIRS.
    When emergency repairs costing more than the competitive
 bid threshold in section 26.3, or as established in section
 314.1B, are necessary in order to prevent the closing ensure
 the continued use of any school or school facility, the
 provisions of the law with reference to advertising for bids
 shall not apply, and in that event the board may contract for
 such emergency repairs without advertising for bids.  However,
 before such emergency repairs can be made to any schoolhouse
 or school facility, it shall be necessary to procure a
 certificate from the area education agency administrator that
 such emergency repairs are necessary to prevent the closing
 ensure the continued use of the school or school facility.
    Sec. 9.  Section 298.3, Code 2009, is amended by adding the
 following new subsection:
    NEW SUBSECTION.  13.  Demolition, clean up, and other costs
 if such costs are necessitated by, and incurred within two
 years of, a disaster as defined in section 29C.2, subsection
 1.


                                                             
                               JOHN P. KIBBIE
                               President of the Senate


                                                             
                               PATRICK J. MURPHY
                               Speaker of the House

    I hereby certify that this bill originated in the Senate and
 is known as Senate File 81, Eighty=third General Assembly.


                                                             
                               MICHAEL E. MARSHALL
                               Secretary of the Senate
 Approved                , 2009


                                
 CHESTER J. CULVER
 Governor

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