House Study Bill 538
HOUSE FILE
BY (PROPOSED COMMITTEE ON
EDUCATION BILL BY
CHAIRPERSON TYMESON)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to elections for certain bond issuance
2 propositions of a school district.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5746YC 81
5 sc/cf/24
PAG LIN
1 1 Section 1. Section 296.3, Code 2005, is amended to read as
1 2 follows:
1 3 296.3 ELECTION CALLED.
1 4 Within ten days of receipt of a petition filed under
1 5 section 296.2, the president of the board of directors shall
1 6 call a meeting of the board. The meeting shall be held within
1 7 thirty days after the petition was received. At the meeting,
1 8 the board shall call the election, fixing the time of the
1 9 election, which may be at the time and place of holding the
1 10 regular school election. However, if the board determines by
1 11 unanimous vote that the proposition or propositions requested
1 12 by a petition to be submitted at an election are grossly
1 13 unrealistic or contrary to the needs of the school district,
1 14 no election shall be called. If more than one petition has
1 15 been received by the time the board meets to consider the
1 16 petition triggering the meeting, the board shall act upon the
1 17 petitions in the order they were received at the meeting
1 18 called to consider the initial petition. The decision of the
1 19 board may be appealed to the state board of education as
1 20 provided in chapter 290. The If an election is called, the
1 21 president shall notify the county commissioner of elections of
1 22 the time of the election.
1 23 Sec. 2. Section 296.4, Code 2005, is amended by striking
1 24 the section and inserting in lieu thereof the following:
1 25 296.4 CONDUCTING THE ELECTION.
1 26 An election called under this chapter shall be at the time
1 27 and place of holding the regular school election, the general
1 28 election, or the regular city election. Notice of the
1 29 election shall be given by the county commissioner of
1 30 elections by publication in accordance with section 49.53.
1 31 The county commissioner of elections shall conduct the
1 32 election pursuant to the provisions of chapters 39 to 53 and
1 33 certify the results to the board of directors.
1 34 Sec. 3. Section 298.18, unnumbered paragraph 4, Code 2005,
1 35 is amended to read as follows:
2 1 The amount estimated and certified to apply on principal
2 2 and interest for any one year may exceed two dollars and
2 3 seventy cents per thousand dollars of assessed value by the
2 4 amount approved by the voters of the school corporation, but
2 5 not exceeding four dollars and five cents per thousand of the
2 6 assessed value of the taxable property within any school
2 7 corporation, provided that the registered voters of such
2 8 school corporation have first approved such increased amount
2 9 at a special election, which may shall be held at the same
2 10 time as the regular school election, the general election, or
2 11 the regular city election. The proposition submitted to the
2 12 voters at such special election shall be in substantially the
2 13 following form:
2 14 Sec. 4. Section 298.18, unnumbered paragraph 6, Code 2005,
2 15 is amended to read as follows:
2 16 Notice of the election shall be given by the county
2 17 commissioner of elections according to section 49.53. The
2 18 election shall be held on a date not less than four nor more
2 19 than twenty days after the last publication of the notice. At
2 20 such the election the ballot used for the submission of said
2 21 the proposition shall be in substantially the form for
2 22 submitting special questions at general elections provided for
2 23 in section 49.30. The county commissioner of elections shall
2 24 conduct the election pursuant to the provisions of chapters 39
2 25 to 53 and certify the results to the board of directors. Such
2 26 proposition shall not be deemed carried or adopted unless the
2 27 vote in favor of such proposition is equal to at least sixty
2 28 percent of the total vote cast for and against said
2 29 proposition at said election. Whenever such a proposition has
2 30 been approved by the voters of a school corporation as
2 31 hereinbefore provided, no further approval of the voters of
2 32 such school corporation shall be required as a result of any
2 33 subsequent change in the boundaries of such school
2 34 corporation.
2 35 EXPLANATION
3 1 This bill provides that propositions relating to issuance
3 2 of bonds by a school district, including the question of
3 3 exceeding the debt limit or the levy rate limit for issuance
3 4 and payment of certain bonds, must be placed on the ballot of
3 5 the regular school election, the general election, or the
3 6 regular city election if the propositions require a 60 percent
3 7 majority for adoption.
3 8 LSB 5746YC 81
3 9 sc:nh/cf/24