HF 2296 (LSB 6146HH (2) 83)

HOUSE FILE 2296

BY  SWAIM

A BILL FOR

An Act relating to physical plant and equipment levy special elections and including effective date and applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 298.2, subsection 4, paragraph a, Code Supplement 2009, is amended to read as follows:
   a.  The board may on its own motion, and upon the written request of not less than one hundred eligible electors or thirty percent of the number of eligible electors voting at the last regular school election, whichever is greater, shall, direct the county commissioner of elections to provide for submitting the proposition of levying the voter-approved physical plant and equipment levy for a period of time authorized by the voters in at the notice of election, not to exceed ten years, in the notice of the regular school election.  The election shall be held on a date specified in section 39.2, subsection 4, paragraph “c”. The proposition is adopted if a majority of those voting on the proposition at the election approves it. The voter-approved physical plant and equipment levy shall be funded either by a physical plant and equipment property tax or by a combination of a physical plant and equipment property tax and a physical plant and equipment income surtax, as determined by the board. However, if the board intends to enter into a rental or lease arrangement under section 279.26, or intends to enter into a loan agreement under section 297.36, only a property tax shall be levied for those purposes. Subject to the limitations of section 298.14, if the board uses a combination of a physical plant and equipment property tax and a physical plant and equipment surtax, for each fiscal year the board shall determine the percent of income surtax to be imposed expressed as full percentage points, not to exceed twenty percent.
    Sec. 2.  EFFECTIVE UPON ENACTMENT AND APPLICABILITY.  This Act, being deemed of immediate importance, takes effect upon enactment and applies to elections held on or after that date.
EXPLANATION
   This bill specifies that the proposition to approve a physical plant and equipment levy (PPEL), which may include an income surtax, may be submitted on one of the special election dates prescribed by law for schools.
   The bill takes effect upon enactment and applies to elections held on or after that date.