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