Senate File 290 - Introduced



                                       SENATE FILE       
                                       BY  WARNSTADT


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

                                      A BILL FOR

  1 An Act relating to school finance by increasing the foundation
  2    property tax, increasing the regular program and special
  3    education support services foundation base, distributing
  4    specified program funds on a per pupil basis through the
  5    school finance formula, making an appropriation, and providing
  6    an effective date and applicability provision.
  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  8 TLSB 1920XS 81
  9 rn/pj/5

PAG LIN



  1  1    Section 1.  Section 257.1, subsection 2, unnumbered
  1  2 paragraph 2, Code 2005, is amended to read as follows:
  1  3    For the budget year commencing July 1, 1999 2006, and for
  1  4 each succeeding budget year, the regular program foundation
  1  5 base per pupil is eighty=seven and five=tenths one hundred
  1  6 percent of the regular program state cost per pupil.  For the
  1  7 budget year commencing July 1, 1991 2006, and for each
  1  8 succeeding budget year, the special education support services
  1  9 foundation base is seventy=nine one hundred percent of the
  1 10 special education support services state cost per pupil.  The
  1 11 combined foundation base is the sum of the regular program
  1 12 foundation base and the special education support services
  1 13 foundation base.
  1 14    Sec. 2.  Section 257.3, subsection 1, unnumbered paragraph
  1 15 1, Code 2005, is amended to read as follows:
  1 16    Except as provided in subsections 2 and 3, a school
  1 17 district shall cause to be levied each year, for the school
  1 18 general fund, a foundation property tax equal to five nine
  1 19 dollars and forty ten cents per thousand dollars of assessed
  1 20 valuation on all taxable property in the district.  The county
  1 21 auditor shall spread the foundation levy over all taxable
  1 22 property in the district.
  1 23    Sec. 3.  Section 257.3, subsection 2, paragraphs a and b,
  1 24 Code 2005, are amended to read as follows:
  1 25    a.  Notwithstanding subsection 1, a reorganized school
  1 26 district shall cause a foundation property tax of four eight
  1 27 dollars and forty ten cents per thousand dollars of assessed
  1 28 valuation to be levied on all taxable property which, in the
  1 29 year preceding a reorganization, was within a school district
  1 30 affected by the reorganization as defined in section 275.1, or
  1 31 in the year preceding a dissolution was a part of a school
  1 32 district that dissolved if the dissolution proposal has been
  1 33 approved by the director of the department of education
  1 34 pursuant to section 275.55.
  1 35    b.  In succeeding school years, the foundation property tax
  2  1 levy on that portion shall be increased to the rate of four
  2  2 eight dollars and ninety sixty cents per thousand dollars of
  2  3 assessed valuation the first succeeding year, five eight
  2  4 dollars and fifteen eighty=five cents per thousand dollars of
  2  5 assessed valuation the second succeeding year, and five nine
  2  6 dollars and forty ten cents per thousand dollars of assessed
  2  7 valuation the third succeeding year and each year thereafter.
  2  8    Sec. 4.  Section 257.8, Code 2005, is amended by adding the
  2  9 following new subsection:
  2 10    NEW SUBSECTION.  4A.  ALTERNATIVE ALLOWABLE GROWTH == 2006
  2 11 FORMULA ADJUSTMENTS.
  2 12    a.  Notwithstanding the calculation in subsection 2, the
  2 13 department of management shall calculate the regular program
  2 14 allowable growth for the budget year beginning July 1, 2006,
  2 15 by multiplying the state percent of growth for the budget year
  2 16 by the regular program state cost per pupil for the base year,
  2 17 and adding to the resulting product a per pupil amount
  2 18 corresponding to the amounts appropriated for the fiscal year
  2 19 beginning July 1, 2005, and ending June 30, 2006, for phase I
  2 20 pursuant to section 294A.25, and for the student achievement
  2 21 and teacher quality program established in chapter 284.  For
  2 22 purposes of determining the amount of a budget adjustment as
  2 23 defined in section 257.14, amounts added to allowable growth
  2 24 pursuant to this paragraph shall be subtracted from the school
  2 25 district's regular program cost per pupil for the budget year
  2 26 beginning July 1, 2006, prior to determining the amount of the
  2 27 adjustment.
  2 28    b.  A school district shall calculate allowable growth
  2 29 pursuant to the provisions of subsection 2 for the budget year
  2 30 beginning July 1, 2007, and succeeding budget years, utilizing
  2 31 a regular program state cost per pupil figure which
  2 32 incorporates the increases in regular program allowable growth
  2 33 calculated pursuant to paragraph "a".
  2 34    Sec. 5.  Section 257.10, subsection 4, Code 2005, is
  2 35 amended by adding the following new unnumbered paragraph:
  3  1    NEW UNNUMBERED PARAGRAPH.  For the budget year beginning
  3  2 July 1, 2006, and succeeding budget years, the department of
  3  3 management shall increase the special education support
  3  4 services district cost per pupil, for a school district that
  3  5 has a special education support services district cost per
  3  6 pupil which falls below the special education support services
  3  7 state cost per pupil, to equal the state cost per pupil for
  3  8 special education support services.
  3  9    Sec. 6.  Section 284.4, subsection 2, Code 2005, is amended
  3 10 to read as follows:
  3 11    2.  By July 1, 2002 2006, each school district shall
  3 12 participate in the student achievement and teacher quality
  3 13 program if the general assembly appropriates moneys for
  3 14 purposes of the student achievement and teacher quality
  3 15 program established pursuant to this chapter utilizing funds
  3 16 distributed on a per pupil basis pursuant to the increase in
  3 17 allowable growth for the school budget year beginning July 1,
  3 18 2006, in section 257.8, subsection 4A.
  3 19    Sec. 7.  Section 284.5, subsection 8, Code 2005, is amended
  3 20 to read as follows:
  3 21    8.  If the general assembly appropriates moneys for
  3 22 purposes of this section, a A school district or area
  3 23 education agency is eligible to receive state assistance for
  3 24 up to two years under this section for each teacher the school
  3 25 district or area education agency employs who was formerly
  3 26 employed in an accredited nonpublic school or in another state
  3 27 as a first=year teacher.  The school district or area
  3 28 education agency employing the teacher shall determine the
  3 29 conditions and requirements of a teacher participating in a
  3 30 program in accordance with this subsection.  The school
  3 31 district or area education agency that employs the teacher
  3 32 shall recommend the teacher for an educational license if the
  3 33 teacher, through a comprehensive evaluation, is determined to
  3 34 demonstrate competence in the Iowa teaching standards.
  3 35    Sec. 8.  Section 294A.6, Code 2005, is amended by adding
  4  1 the following new unnumbered paragraph:
  4  2    NEW UNNUMBERED PARAGRAPH.  For the budget year beginning
  4  3 July 1, 2006, and succeeding budget years, the total minimum
  4  4 salary supplement, as described in section 294A.5, subsection
  4  5 2, to be paid to each school district and area education
  4  6 agency under phase I shall be funded by a proportionate
  4  7 percentage of the dollar increase in allowable growth for the
  4  8 school budget year beginning July 1, 2006, pursuant to section
  4  9 257.8, subsection 4A, which shall increase in subsequent years
  4 10 by each year's state percent of growth.  The proportion of a
  4 11 school district's budget which corresponds to the amount of
  4 12 funding for phase I based on the increase in allowable growth
  4 13 for the school budget year beginning July 1, 2006, shall be
  4 14 utilized exclusively for phase I.
  4 15    Sec. 9.  Section 294A.22, Code 2005, is amended to read as
  4 16 follows:
  4 17    294A.22  PAYMENTS.
  4 18    Payments for each phase phase II of the educational
  4 19 excellence program shall be made by the department of
  4 20 administrative services on a monthly basis commencing on
  4 21 October 15 and ending on June 15 of each fiscal year, taking
  4 22 into consideration the relative budget and cash position of
  4 23 the state resources.  The payments shall be separate from
  4 24 state aid payments made pursuant to sections 257.16 and
  4 25 257.35.  The payments made under this section to a school
  4 26 district or area education agency may be combined and a
  4 27 separate accounting of the amount paid for each program shall
  4 28 be included.
  4 29    Any payments made to school districts or area education
  4 30 agencies for phase II under this chapter are miscellaneous
  4 31 income for purposes of chapter 257.
  4 32    Payments made to a teacher by a school district or area
  4 33 education agency under this chapter are wages for the purposes
  4 34 of chapter 91A.
  4 35    If funds appropriated are insufficient to pay Phase II
  5  1 allocations in full, the department of administrative services
  5  2 shall prorate payments to school districts and area education
  5  3 agencies.
  5  4    Sec. 10.  Section 425A.3, subsection 1, Code 2005, is
  5  5 amended to read as follows:
  5  6    1.  The family farm tax credit fund shall be apportioned
  5  7 each year in the manner provided in this chapter so as to give
  5  8 a credit against the tax on each eligible tract of
  5  9 agricultural land within the several school districts of the
  5 10 state in which the levy for the general school fund exceeds
  5 11 five nine dollars and forty ten cents per thousand dollars of
  5 12 assessed value.  The amount of the credit on each eligible
  5 13 tract of agricultural land shall be the amount the tax levied
  5 14 for the general school fund exceeds the amount of tax which
  5 15 would be levied on each eligible tract of agricultural land
  5 16 were the levy for the general school fund five nine dollars
  5 17 and forty ten cents per thousand dollars of assessed value for
  5 18 the previous year.  However, in the case of a deficiency in
  5 19 the family farm tax credit fund to pay the credits in full,
  5 20 the credit on each eligible tract of agricultural land in the
  5 21 state shall be proportionate and applied as provided in this
  5 22 chapter.
  5 23    Sec. 11.  Section 425A.5, Code 2005, is amended to read as
  5 24 follows:
  5 25    425A.5  COMPUTATION BY COUNTY AUDITOR.
  5 26    The family farm tax credit allowed each year shall be
  5 27 computed as follows:  On or before April 1, the county auditor
  5 28 shall list by school districts all tracts of agricultural land
  5 29 which are entitled to credit, the taxable value for the
  5 30 previous year, the budget from each school district for the
  5 31 previous year, and the tax rate determined for the general
  5 32 fund of the school district in the manner prescribed in
  5 33 section 444.3 for the previous year, and if the tax rate is in
  5 34 excess of five nine dollars and forty ten cents per thousand
  5 35 dollars of assessed value, the auditor shall multiply the tax
  6  1 levy which is in excess of five nine dollars and forty ten
  6  2 cents per thousand dollars of assessed value by the total
  6  3 taxable value of the agricultural land entitled to credit in
  6  4 the school district, and on or before April 1, certify the
  6  5 total amount of credit and the total number of acres entitled
  6  6 to the credit to the department of revenue.
  6  7    Sec. 12.  Section 426.3, Code 2005, is amended to read as
  6  8 follows:
  6  9    426.3  WHERE CREDIT GIVEN.
  6 10    The agricultural land credit fund shall be apportioned each
  6 11 year in the manner hereinafter provided so as to give a credit
  6 12 against the tax on each tract of agricultural lands within the
  6 13 several school districts of the state in which the levy for
  6 14 the general school fund exceeds five nine dollars and forty
  6 15 ten cents per thousand dollars of assessed value; the amount
  6 16 of such credit on each tract of such lands shall be the amount
  6 17 the tax levied for the general school fund exceeds the amount
  6 18 of tax which would be levied on said tract of such lands were
  6 19 the levy for the general school fund five nine dollars and
  6 20 forty ten cents per thousand dollars of assessed value for the
  6 21 previous year, except in the case of a deficiency in the
  6 22 agricultural land credit fund to pay said credits in full, in
  6 23 which case the credit on each eligible tract of such lands in
  6 24 the state shall be proportionate and shall be applied as
  6 25 hereinafter provided.
  6 26    Sec. 13.  Section 426.6, unnumbered paragraph 1, Code 2005,
  6 27 is amended to read as follows:
  6 28    The agricultural land tax credit allowed each year shall be
  6 29 computed as follows:  On or before April 1, the county auditor
  6 30 shall list by school districts all tracts of agricultural
  6 31 lands which are entitled to credit, together with the taxable
  6 32 value for the previous year, together with the budget from
  6 33 each school district for the previous year, and the tax rate
  6 34 determined for the general fund of the district in the manner
  6 35 prescribed in section 444.3 for the previous year, and if such
  7  1 tax rate is in excess of five nine dollars and forty ten cents
  7  2 per thousand dollars of assessed value, the auditor shall
  7  3 multiply the tax levy which is in excess of five nine dollars
  7  4 and forty ten cents per thousand dollars of assessed value by
  7  5 the total taxable value of the agricultural lands entitled to
  7  6 credit in the district, and on or before April 1, certify the
  7  7 amount to the department of revenue.
  7  8    Sec. 14.  Section 294A.25, Code 2005, is repealed.
  7  9    Sec. 15.  EFFECTIVE AND APPLICABILITY DATES.
  7 10    1.  The sections of this Act increasing the regular program
  7 11 foundation base and the special education support services
  7 12 foundation base, increasing the foundation property tax, and
  7 13 incorporating funding for student achievement and teacher
  7 14 quality and phase I of the educational excellence program into
  7 15 the school finance formula, take effect July 1, 2005, and are
  7 16 applicable to the school budget year beginning July 1, 2006,
  7 17 and succeeding budget years.
  7 18    2.  The sections of this Act amending provisions relating
  7 19 to the family farm tax credit and the agricultural land tax
  7 20 credit take effect January 1, 2007, for taxes payable in the
  7 21 fiscal year beginning July 1, 2007.
  7 22                           EXPLANATION
  7 23    This bill provides for an increase in the foundation
  7 24 property tax imposed under the state school foundation program
  7 25 pursuant to Code section 257.3, from the current level of
  7 26 $5.40 to $9.10 per $1,000 of assessed valuation on all taxable
  7 27 property in a school district.
  7 28    The bill also provides for an increase in the regular
  7 29 program foundation base and the special education support
  7 30 services foundation base under the state school foundation
  7 31 program from the current foundation base level of 87.5 percent
  7 32 and 79 percent, respectively, to the level of 100 percent.
  7 33 The foundation base is the specified percentage of the state
  7 34 cost per pupil calculation which is paid as state aid to
  7 35 school districts, above and beyond the foundation property
  8  1 tax.
  8  2    The bill additionally provides for an increase in allowable
  8  3 growth for the school budget year beginning July 1, 2006, in
  8  4 an amount determined by the department of management to be
  8  5 equivalent on a per pupil basis to the amount appropriated for
  8  6 the school budget year beginning July 1, 2005, for the student
  8  7 achievement and teacher quality program in Code chapter 284,
  8  8 and phase I of the educational excellence fund pursuant to
  8  9 Code section 294A.25.  This amount shall be distributed on a
  8 10 per pupil basis pursuant to the formula.  The bill makes
  8 11 conforming changes to Code chapters 284 and 294A.
  8 12    The bill also provides conforming changes to provisions of
  8 13 the family farm tax credit and the agricultural land tax
  8 14 credit contained in Code chapters 425A and 426 relating to the
  8 15 increase in the level of the foundation property tax.
  8 16    The bill provides that provisions increasing the regular
  8 17 program foundation base and the special education support
  8 18 services foundation base, increasing the foundation property
  8 19 tax, and incorporating funding for student achievement and
  8 20 teacher quality and phase I of the educational excellence
  8 21 program into the school finance formula, take effect July 1,
  8 22 2005, and are applicable to the school budget year beginning
  8 23 July 1, 2006, and succeeding budget years.  The bill provides
  8 24 that provisions amending the family farm tax credit and the
  8 25 agricultural land tax credit take effect January 1, 2007, for
  8 26 taxes payable in the fiscal year beginning July 1, 2007.
  8 27 LSB 1920XS 81
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