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 1,19992006, and for 1 4 each succeeding budget year, the regular program foundation 1 5 base per pupil iseighty=seven and five=tenthsone hundred 1 6 percent of the regular program state cost per pupil. For the 1 7 budget year commencing July 1,19912006, and for each 1 8 succeeding budget year, the special education support services 1 9 foundation base isseventy=nineone 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 tofivenine 1 19 dollars andfortyten 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 offoureight 1 27 dollars andfortyten 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 offour2 2 eight dollars andninetysixty cents per thousand dollars of 2 3 assessed valuation the first succeeding year,fiveeight 2 4 dollars andfifteeneighty=five cents per thousand dollars of 2 5 assessed valuation the second succeeding year, andfivenine 2 6 dollars andfortyten 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 1,20022006, each school district shall 3 12 participate in the student achievement and teacher quality 3 13 programif the general assembly appropriates moneys for 3 14 purposes of the student achievement and teacher quality 3 15 program established pursuant to this chapterutilizing 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, aA 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 foreach phasephase 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 35If 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 11fivenine dollars andfortyten 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 fundfivenine dollars 5 17 andfortyten 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 offivenine dollars andfortyten cents per thousand 5 35 dollars of assessed value, the auditor shall multiply the tax 6 1 levy which is in excess offivenine dollars andfortyten 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 exceedsfivenine dollars andforty6 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 fundfivenine dollars and 6 20fortyten 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 offivenine dollars andfortyten cents 7 2 per thousand dollars of assessed value, the auditor shall 7 3 multiply the tax levy which is in excess offivenine dollars 7 4 andfortyten 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 8 28 rn:nh/pj/5