Senate File 460 - Introduced





                                       SENATE FILE       
                                       BY  BOLKCOM


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

                                      A BILL FOR

  1 An Act requiring approval of the department of education for
  2    school districts to spend sales tax revenues for new
  3    construction or major renovation projects pursuant to a
  4    revenue purpose statement adopted or amended on or after July
  5    1, 2009.
  6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  7 TLSB 2513SS 83
  8 mg/sc/5

PAG LIN



  1  1    Section 1.  Section 423F.3, Code 2009, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  5A.  A school district that adopts or
  1  4 amends a revenue purpose statement on or after July 1, 2009,
  1  5 shall not expend any of the amount received for new
  1  6 construction or major renovation projects without approval of
  1  7 the department of education.  Prior to the adoption or
  1  8 amendment of a revenue purpose statement on or after July 1,
  1  9 2009, that provides for expenditure of revenues for new
  1 10 construction or a major renovation project, a school district
  1 11 shall apply to the department of education for approval of the
  1 12 project.  In determining whether approval shall be granted or
  1 13 denied, the department shall consider favorably all of the
  1 14 following, as applicable:
  1 15    a.  The project does not encourage or result in expanded
  1 16 development within undeveloped areas of the school district.
  1 17    b.  The project encourages the revitalization of existing
  1 18 facilities within the same neighborhoods or communities.
  1 19    c.  The project is to be located in a developed area or in
  1 20 a locally designated growth area.
  1 21    d.  The project is to be served by existing water, sewer,
  1 22 and other public infrastructure or by planned extensions of
  1 23 water, sewer, and other public infrastructure.
  1 24    e.  The project is not to be located in an agricultural
  1 25 area created pursuant to section 352.6 or an area subject to
  1 26 an agricultural land preservation ordinance under section
  1 27 335.27 unless other options are not viable and the project's
  1 28 development will have no negative effect on the future growth
  1 29 and development of the area.
  1 30                           EXPLANATION
  1 31    This bill provides that a school district that adopts or
  1 32 amends a revenue purpose statement after July 1, 2009, with
  1 33 regard to the use of revenues to be received from the
  1 34 increased sales tax rate is required to receive approval from
  1 35 the department of education for new construction or major
  2  1 renovation projects.  The department shall consider the
  2  2 following factors favorably in determining approval of the
  2  3 project:  it does not encourage development in undeveloped
  2  4 areas, it encourages revitalization of existing facilities, it
  2  5 will be located in a developed or designated growth area, it
  2  6 is to be served by existing or planned extension of public
  2  7 infrastructure, and it is not to be located in a designated
  2  8 agricultural area or an area that is subject to an
  2  9 agricultural land preservation ordinance.
  2 10 LSB 2513SS 83
  2 11 mg/sc/5.1