Senate Study Bill 1013 



                                       SENATE/HOUSE FILE       
                                       BY  (PROPOSED DEPARTMENT OF
                                            EDUCATION BILL)


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

                                      A BILL FOR

  1 An Act relating to assisting schools to recover from disaster by
  2    changing the approval method for transfers of emergency fund
  3    moneys, by modifying certain funding provisions to relate to
  4    disaster recovery, and by allowing area education agency
  5    boards greater authority to purchase and lease=purchase
  6    property.
  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  8 TLSB 1254XD 83
  9 ak/sc/14

PAG LIN



  1  1    Section 1.  Section 24.6, Code 2009, is amended to read as
  1  2 follows:
  1  3    24.6  EMERGENCY FUND == LEVY.
  1  4    1.  A municipality may include in the estimate required, an
  1  5 estimate for an emergency fund.  A municipality may assess and
  1  6 levy a tax for the emergency fund at a rate not to exceed
  1  7 twenty=seven cents per thousand dollars of assessed value of
  1  8 taxable property of the municipality, provided that.  However,
  1  9 an emergency tax levy shall not be made until the municipality
  1 10 has first petitioned the state board and received its
  1 11 approval.
  1 12    2.  a.  Transfers of moneys may be made from the emergency
  1 13 fund to any other fund of the municipality for the purpose of
  1 14 meeting deficiencies in a fund arising from any cause,
  1 15 provided that.  However, a transfer shall not be made except
  1 16 upon the written approval of the state board, and then only
  1 17 when that approval is requested by a two=thirds vote of the
  1 18 governing body of the municipality.
  1 19    b.  Notwithstanding the requirements of paragraph "a", if
  1 20 the municipality is a school corporation, the school
  1 21 corporation may transfer money from the emergency fund to any
  1 22 other fund of the school corporation for the purpose of
  1 23 meeting deficiencies in a fund arising from any cause.
  1 24 However, a transfer shall not be made without the written
  1 25 approval of the school budget review committee.
  1 26    Sec. 2.  Section 256.9, Code 2009, is amended by adding the
  1 27 following new subsection:
  1 28    NEW SUBSECTION.  61.  Grant to public school districts and
  1 29 accredited nonpublic schools waivers from statutory
  1 30 obligations with which the entities cannot reasonably comply
  1 31 due to a disaster as defined in section 29C.2, subsection 1.
  1 32    Sec. 3.  Section 257.31, subsection 7, paragraph a, Code
  1 33 2009, is amended to read as follows:
  1 34    a.  The committee may authorize a district to spend a
  1 35 reasonable and specified amount from its unexpended cash
  2  1 balance for either of the following purposes:
  2  2    (1)  Furnishing, equipping, and contributing to the
  2  3 construction of a new building or structure for which the
  2  4 voters of the district have approved a bond issue as provided
  2  5 by law or the tax levy provided in section 298.2.
  2  6    (2)  The costs associated with the demolition of an unused
  2  7 school building, or the conversion of an unused school
  2  8 building for community use, in a school district involved in a
  2  9 dissolution or reorganization under chapter 275, if the costs
  2 10 are incurred within three years of the dissolution or
  2 11 reorganization.
  2 12    (3)  The costs associated with the demolition or repair of
  2 13 a building or structure in a school district if such costs are
  2 14 necessitated by, and incurred within two years of, a disaster
  2 15 as defined in section 29C.2, subsection 1.
  2 16    Sec. 4.  Section 273.2, subsection 2, Code 2009, is amended
  2 17 to read as follows:
  2 18    2.  An area education agency established under this chapter
  2 19 is a body politic as a school corporation for the purpose of
  2 20 exercising powers granted under this chapter, and may sue and
  2 21 be sued.  An area education agency may hold property and
  2 22 execute purchase and lease=purchase agreements pursuant to
  2 23 section 273.3, subsection 7, and if the lease lease=purchase
  2 24 agreement exceeds ten years or the purchase price of the
  2 25 property to be acquired pursuant to a purchase or
  2 26 lease=purchase agreement exceeds twenty=five thousand dollars,
  2 27 the area education agency shall conduct a public hearing on
  2 28 the proposed purchase or lease=purchase agreement and receive
  2 29 approval from the area education agency board of directors and
  2 30 the director of the department of education before entering
  2 31 into the agreement.
  2 32    Sec. 5.  Section 273.3, subsection 7, Code 2009, is amended
  2 33 to read as follows:
  2 34    7.  Be authorized to lease, purchase, or lease=purchase,
  2 35 subject to the approval of the director of the department of
  3  1 education and to receive by gift and operate and maintain
  3  2 facilities and buildings necessary to provide authorized
  3  3 programs and services.  However, a lease for less than ten
  3  4 years and with an annual cost of less than twenty=five
  3  5 thousand dollars does not require the approval of the
  3  6 director.  If a lease requires approval, the The director
  3  7 shall not approve the a lease, purchase, or lease=purchase
  3  8 until the director is satisfied by investigation that public
  3  9 school corporations within the area do not have suitable
  3 10 facilities available.
  3 11    Sec. 6.  Section 298.3, Code 2009, is amended by adding the
  3 12 following new subsection:
  3 13    NEW SUBSECTION.  13.  Demolition, clean up, and other costs
  3 14 if such costs are necessitated by, and incurred within
  3 15 eighteen months of, a disaster as defined in section 29C.2,
  3 16 subsection 1.
  3 17    Sec. 7.  Section 423F.3, subsection 3, paragraph b, Code
  3 18 2009, is amended to read as follows:
  3 19    b.  (1)  If the board of directors intends to use funds for
  3 20 purposes other than those listed in paragraph "a", or change
  3 21 the use of funds to purposes other than those listed in
  3 22 paragraph "a", the board shall adopt a revenue purpose
  3 23 statement, subject to approval of the electors, listing the
  3 24 proposed use of the funds.
  3 25    (2)  School districts shall submit the statement to the
  3 26 voters no later than sixty days prior to the expiration of any
  3 27 existing revenue purpose statement or change in use not
  3 28 included in the existing revenue purpose statement.
  3 29    (3)  If a school district has been affected by a disaster,
  3 30 as defined in section 29C.2, subsection 1, the district may
  3 31 submit the statement to the voters no later than eighteen
  3 32 months after the disaster occurred and subject to all other
  3 33 requirements in this section.
  3 34                           EXPLANATION
  3 35    This bill assists school districts and accredited nonpublic
  4  1 schools to recover from a disaster as defined in Code section
  4  2 29C.2(1).
  4  3    Code section 24.6(2) is amended to allow a school
  4  4 corporation to transfer funds from its emergency fund when the
  4  5 school corporation has monetary deficiencies due to any cause.
  4  6 However, the transfer must first be approved by the school
  4  7 budget review committee.
  4  8    Code section 256.9(61) is amended to allow the director of
  4  9 the department of education to waive statutory obligations
  4 10 that school districts and accredited nonpublic schools cannot
  4 11 reasonably comply with due to a disaster.
  4 12    Code section 257.31(7) is amended to allow the school
  4 13 budget review committee to authorize a school district to
  4 14 spend a reasonable and specified amount from its unexpended
  4 15 cash balance for the costs of demolishing or repairing a
  4 16 building or structure if such costs are necessitated by, and
  4 17 incurred within two years of, a disaster.
  4 18    Code sections 273.2(2) and 273.3(7) are amended to give
  4 19 area education agencies the authorization to purchase and
  4 20 lease=purchase facilities and buildings with the approval of
  4 21 the director of the department of education.
  4 22    Code section 298.3(13) is amended to permit funds from the
  4 23 physical plant and equipment levy to be used for demolition,
  4 24 clean up, and other costs necessitated by, and incurred within
  4 25 18 months of, a disaster.
  4 26    Code section 423F.3(3)(b) is amended to allow school
  4 27 districts affected by a disaster to submit a revenue purpose
  4 28 statement to the voters no more than 18 months after the
  4 29 disaster in order to use funds from the secure an advanced
  4 30 vision for education fund to recover from the disaster.
  4 31 School districts submitting such a statement are still bound
  4 32 by all the requirements of Code chapter 423F concerning the
  4 33 secure an advanced vision for education fund.
  4 34 LSB 1254XD 83
  4 35 ak/sc/14.1