House File 452 - Introduced



                                       HOUSE FILE       
                                       BY  FREVERT


    Passed House, Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the local option sales and services tax for
  2    school infrastructure purposes and including an effective
  3    date.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 2433HH 81
  6 mg/gg/14

PAG LIN



  1  1    Section 1.  Section 423E.4, subsection 3, paragraph a, Code
  1  2 2005, is amended to read as follows:
  1  3    a.  The director of revenue by June 1 preceding each fiscal
  1  4 year shall compute the guaranteed school infrastructure amount
  1  5 for each school district, each school district's sales tax
  1  6 capacity per student for each county, the statewide tax
  1  7 revenues per student, and the supplemental school
  1  8 infrastructure amount for the coming fiscal year.
  1  9    Sec. 2.  Section 423E.4, subsection 3, paragraph b,
  1 10 subparagraph (3), Code 2005, is amended by striking the
  1 11 subparagraph and inserting in lieu thereof the following:
  1 12    (3)  "Statewide tax revenues per student" means the amount
  1 13 determined by estimating the total revenues that would be
  1 14 generated by a one percent local option sales and services tax
  1 15 for school infrastructure purposes if imposed by all the
  1 16 counties during the entire fiscal year and dividing this
  1 17 estimated revenue amount by the sum of the combined actual
  1 18 enrollment for all counties as determined in section 423E.3,
  1 19 subsection 5, paragraph "d", subparagraph (2).
  1 20    Sec. 3.  Section 423E.4, subsection 6, unnumbered paragraph
  1 21 1, Code 2005, is amended to read as follows:
  1 22    A school district with an actual enrollment of less than
  1 23 two hundred fifty or with an actual enrollment of less than
  1 24 one hundred in high school shall not expend the supplemental
  1 25 school infrastructure amount received for new construction or
  1 26 for payments for bonds issued for new construction against the
  1 27 supplemental school infrastructure amount without prior
  1 28 application to the department of education and receipt of a
  1 29 certificate of need pursuant to this subsection.  However, a
  1 30 certificate of need is not required for the payment of
  1 31 outstanding bonds issued for new construction pursuant to
  1 32 section 296.1, before April 1, 2003.  A certificate of need is
  1 33 also not required for repairing schoolhouses or buildings,
  1 34 equipment, technology, or transportation equipment for
  1 35 transporting students as provided in section 298.3, or for
  2  1 construction necessary for compliance with the federal
  2  2 Americans With Disabilities Act pursuant to 42 U.S.C. }
  2  3 12101==12117.  In determining whether a certificate of need
  2  4 shall be issued or denied, the department shall consider all
  2  5 of the following:
  2  6    Sec. 4.  EFFECTIVE DATE.  This Act, being deemed of
  2  7 immediate importance, takes effect upon enactment.
  2  8                           EXPLANATION
  2  9    This bill amends the Code chapter dealing with the local
  2 10 sales and services tax for school infrastructure purposes by
  2 11 requiring, in determining the definition of "statewide tax
  2 12 revenues per student" for purposes of calculating a school
  2 13 district's guaranteed amount, that instead of the present set
  2 14 amount of $575, an estimated amount that would be generated by
  2 15 a 1 cent statewide sales tax divided by the budget enrollment
  2 16 would be used.
  2 17    The bill also limits the applicability of the requirement
  2 18 for a certificate of need before supplemental funding may be
  2 19 used for new construction, to school districts with less than
  2 20 250 actual enrollment or with less than 100 actual enrollment
  2 21 in high school, as opposed to the present requirement which is
  2 22 applicable to all school districts.
  2 23    The bill takes effect upon enactment.
  2 24 LSB 2433HH 81
  2 25 mg:rj/gg/14.1