Senate Study Bill 3200 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON WAYS AND MEANS BILL BY CHAIRPERSON CHAPMAN) A BILL FOR An Act relating to the use of revenues from the secure an 1 advanced vision for education fund for certain athletic 2 facility infrastructure projects and including effective 3 date and retroactive applicability provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 6420XC (3) 88 md/jh
S.F. _____ Section 1. Section 423F.3, subsection 7, paragraph a, Code 1 2020, is amended to read as follows: 2 a. Prior to approving the use of revenues received under 3 this chapter for an athletic facility infrastructure project 4 within the scope of the school district’s approved revenue 5 purpose statement or pursuant to subsection 4 for a school 6 district without an approved revenue statement, the board of 7 directors shall adopt a resolution setting forth the proposal 8 for the athletic facility infrastructure project and hold an 9 additional public hearing on the issue of construction of the 10 athletic facility. Notice of the time and place of the public 11 hearing shall be published not less than ten nor more than 12 twenty days before the public hearing in a newspaper which is a 13 newspaper of general circulation in the school district. If 14 at any time prior to the fifteenth day following the hearing, 15 the secretary of the board of directors receives a petition 16 containing the required number of signatures and asking that 17 the question of the approval of the use of revenues for the 18 athletic facility infrastructure project be submitted to the 19 voters of the school district, the board of directors shall 20 either rescind the board’s resolution for the use of revenues 21 for the athletic facility infrastructure project or direct the 22 county commissioner of elections to submit the question to the 23 registered voters of the school district at an election held 24 on a date specified in section 39.2, subsection 4 , paragraph 25 “c” . The petition must be signed by eligible electors equal 26 in number to not less than one hundred the lesser of one 27 thousand or thirty percent of the number of voters who cast 28 a vote for the board of directors of the school district at 29 the last preceding election of school officials under section 30 277.1 , whichever is greater but not less than one hundred . 31 If a majority at least sixty percent of those voting on the 32 question favors the use of the revenues for the athletic 33 facility infrastructure project, the board shall be authorized 34 to approve such use by resolution of the board. If a majority 35 -1- LSB 6420XC (3) 88 md/jh 1/ 4
S.F. _____ less than sixty percent of those voting on the question does 1 not favor favors the use of the revenues for the athletic 2 facility infrastructure project, the board of directors shall 3 rescind the board’s resolution for the use of revenues for the 4 athletic facility infrastructure project. If a petition is not 5 received by the board of directors within the prescribed time 6 period, the board of directors may approve the use of revenues 7 for the athletic facility infrastructure project without voter 8 approval. 9 Sec. 2. SECURE AN ADVANCED VISION FOR EDUCATION REVENUES —— 10 ATHLETIC FACILITY INFRASTRUCTURE PROJECTS —— ELECTION REQUIRED. 11 1. For an athletic facility infrastructure project approved 12 by the board of directors of a school district on or after 13 May 1, 2020, but before the effective date of this Act, to 14 be funded in whole or in part by revenues from the secure an 15 advanced vision for education fund, the portion of section 16 423F.3, subsection 7, authorizing the filing of a petition 17 requesting an election be held on the question of the approval 18 of the use of revenues for the project shall not apply and such 19 athletic facility infrastructure project shall not be funded in 20 whole or in part by revenues from the secure an advanced vision 21 for education fund until the use is approved by the voters of 22 the school district under subsection 2. 23 2. For an athletic facility infrastructure project subject 24 to the election requirement of subsection 1, the board of 25 directors shall either rescind the board’s resolution for 26 the use of revenues for the athletic facility infrastructure 27 project or direct the county commissioner of elections to 28 submit the question to the registered voters of the school 29 district at an election held on a date specified in section 30 39.2, subsection 4, paragraph “c”. If at least sixty percent 31 of those voting on the question favors the use of the revenues 32 for the athletic facility infrastructure project, the board 33 shall be authorized to approve such use by resolution of the 34 board. If less than sixty percent of those voting on the 35 -2- LSB 6420XC (3) 88 md/jh 2/ 4
S.F. _____ question favors the use of the revenues for the athletic 1 facility infrastructure project, the board of directors shall 2 rescind the board’s resolution for the use of revenues for the 3 athletic facility infrastructure project. 4 3. For purposes of this section, “athletic facility 5 infrastructure project” means the same as defined in section 6 423F.3, subsection 7. 7 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate 8 importance, takes effect upon enactment. 9 Sec. 4. RETROACTIVE APPLICABILITY. The section of this Act 10 relating to athletic facility infrastructure projects approved 11 on or after May 1, 2020, but before the effective date of this 12 Act applies retroactively to May 1, 2020, for athletic facility 13 infrastructure projects approved on or after that date but 14 before the effective date of this Act. 15 EXPLANATION 16 The inclusion of this explanation does not constitute agreement with 17 the explanation’s substance by the members of the general assembly. 18 This bill relates to the use of revenues from the secure an 19 advanced vision for education (SAVE) fund for certain athletic 20 facility infrastructure projects. 21 Code section 423F.3 provides that prior to approving the 22 use of revenues received from the SAVE fund for an athletic 23 facility infrastructure project, the board of directors of 24 the school district must adopt a resolution setting forth the 25 proposal for the athletic facility infrastructure project and 26 hold an additional public hearing on the issue of construction 27 of the athletic facility. Additionally, if at any time prior 28 to the fifteenth day following the hearing, the secretary of 29 the board of directors receives a petition containing the 30 required number of signatures and asking that the question 31 of the approval of the use of revenues for the athletic 32 facility infrastructure project be submitted to the voters 33 of the school district, the board of directors shall either 34 rescind the board’s resolution for the use of revenues for 35 -3- LSB 6420XC (3) 88 md/jh 3/ 4
S.F. _____ the athletic facility infrastructure project or direct the 1 county commissioner of elections to submit the question to the 2 registered voters of the school district. The petition is 3 required to be signed by eligible electors equal in number to 4 not less than 100 or 30 percent of the number of voters at the 5 last preceding election of school officials. Under the bill, 6 such a petition must be signed by eligible electors equal in 7 number to the lesser of 1,000 or 30 percent of the number of 8 voters who cast a vote for the board of directors of the school 9 district at the last preceding election of school officials, 10 but not less than 100. Additionally, the bill changes the 11 threshold for voter approval of the use of SAVE fund revenues 12 for an athletic facility infrastructure project from a majority 13 to 60 percent. 14 For an athletic facility infrastructure project approved by 15 the board of directors of a school district on or after May 1, 16 2020, but before the effective date of the bill, to be funded 17 in whole or in part by revenues from the secure an advanced 18 vision for education (SAVE) fund, the bill provides that the 19 portion of Code section 423F.3(7) authorizing the filing of a 20 petition requesting an election be held on the question of the 21 approval of such use shall not apply and that such athletic 22 facility infrastructure project shall not be funded in whole 23 or in part by revenues from the SAVE fund until the use is 24 approved by the voters of the school district. 25 The section of the bill relating to athletic facility 26 infrastructure projects approved on or after May 1, 2020, but 27 before the effective date of the bill applies retroactively 28 to May 1, 2020, for athletic facility infrastructure projects 29 approved on or after that date but before the effective date 30 of the bill. 31 The bill takes effect upon enactment. 32 -4- LSB 6420XC (3) 88 md/jh 4/ 4