SF 374 (LSB 2087XS (5) 86)

SENATE FILE 374

BY  KRAAYENBRINK

A BILL FOR

An Act relating to school district elections to authorize the issuance of certain indebtedness and including effective date and applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 296.3, Code 2015, is amended to read as follows:
   296.3  Election called.
   1.  Within ten days of receipt of a petition filed under section 296.2, the president of the board of directors shall call a meeting of the board. The meeting shall be held within thirty days after the petition was received. At the meeting, the board shall call the election, fixing the time of the election, which may, subject to the limitation in subsection 2, be at the time and place of holding the regular school election on a date specified in section 39.2, subsection 4, paragraph “c”. However, if the board determines by unanimous vote that the proposition or propositions requested by a petition to be submitted at an election are grossly unrealistic or contrary to the needs of the school district, no election shall be called. If more than one petition has been received by the time the board meets to consider the petition triggering the meeting, the board shall act upon the petitions in the order they were received at the meeting called to consider the initial petition. The decision of the board may be appealed to the state board of education as provided in chapter 290. The president shall notify the county commissioner of elections of the time of the election.
   2.  The date of an election fixed by the board of directors under subsection 1 shall be a date that is not less than one year after the date of the last election held on a proposition under this chapter.
    Sec. 2.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of immediate importance, takes effect upon enactment.
    Sec. 3.  APPLICABILITY.  This Act applies to propositions submitted to voters at an election held on or after the effective date of this Act.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to school district elections to authorize the issuance of indebtedness and general obligation bonds under Code chapter 296.
   Code chapter 296 authorizes the issuance of such indebtedness and bonds to defray the cost of purchasing, building, furnishing, reconstructing, repairing, improving or remodeling a schoolhouse or schoolhouses and additions thereto, gymnasium, stadium, field house, school bus garage, teachers’ or superintendent’s home or homes, and procuring a site or sites therefor, or purchasing land to add to a site already owned, or procuring and improving a site for an athletic field, or improving a site already owned for an athletic field, and for any one or more of such purposes. 
   Current Code section 296.3 specifies the procedure and requirements used by a school board in fixing the time for an election after receiving a petition calling for an election on the issuance of indebtedness or bonds in excess of 1.25 percent of the assessed value of the taxable property in the school district. The bill provides that the date of the election may be held on a special election date specified in Code section 39.2(4)(c). The bill also provides that the date of an election fixed by the school board must be a date that is not less than one year after the date of the last election held on a proposition under Code chapter 296. 
   The bill takes effect upon enactment and applies to propositions submitted to voters at an election held on or after the effective date of the bill.