Senate File 49 - Introduced SENATE FILE 49 BY SALMON A BILL FOR An Act relating to the date for an election to authorize the 1 issuance of certain indebtedness by school districts. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1142XS (3) 90 md/jh
S.F. 49 Section 1. Section 296.3, Code 2023, is amended to read as 1 follows: 2 296.3 Election called. 3 Within ten days of receipt of a petition filed under section 4 296.2 , the president of the board of directors shall call a 5 meeting of the board. The meeting shall be held within thirty 6 days after the petition was received. At the meeting, the 7 board shall call the election, fixing the time of the election, 8 which may shall, consistent with section 296.4, be at the time 9 and place of holding the regular school election under section 10 277.1 . However, if the board determines by unanimous vote 11 that the proposition or propositions requested by a petition 12 to be submitted at an election are grossly unrealistic or 13 contrary to the needs of the school district, no election shall 14 be called. If more than one petition has been received by 15 the time the board meets to consider the petition triggering 16 the meeting, the board shall act upon the petitions in the 17 order they were received at the meeting called to consider the 18 initial petition. The decision of the board may be appealed to 19 the state board of education as provided in chapter 290 . The 20 president shall notify the county commissioner of elections of 21 the time of the election. 22 Sec. 2. Section 296.4, Code 2023, is amended to read as 23 follows: 24 296.4 Notice —— ballots. 25 Notice of the election shall be given by the county 26 commissioner of elections by publication in accordance with 27 section 49.53 . The county commissioner of elections shall 28 conduct the election pursuant to the provisions of chapters 39 29 through 53 and certify the results to the board of directors , 30 except that for elections conducted on or after July 1, 2023, 31 including elections subject to section 75.1, subsection 2, the 32 date of the election shall be the date of the regular school 33 election specified in section 277.1 . However, if the purpose 34 of contracting indebtedness or issuing bonds is the result 35 -1- LSB 1142XS (3) 90 md/jh 1/ 2
S.F. 49 of a natural disaster, the election may be held on any date 1 authorized under section 39.2, subsection 4, paragraph “c” . 2 EXPLANATION 3 The inclusion of this explanation does not constitute agreement with 4 the explanation’s substance by the members of the general assembly. 5 Subject to the approval of the voters when the indebtedness 6 exceeds 1.25 percent of the assessed value of the taxable 7 property, school districts are authorized in Code chapter 296 8 to contract indebtedness up to 5 percent of the actual value 9 of the taxable value and to issue general obligation bonds 10 to provide funds to defray the cost of purchasing, building, 11 furnishing, reconstructing, repairing, improving or remodeling 12 a schoolhouse or schoolhouses and additions thereto, gymnasium, 13 stadium, field house, school bus garage, teachers’ or 14 superintendent’s home or homes, and procuring a site or sites 15 for such buildings, or purchasing land to add to a site already 16 owned, or procuring and improving a site for an athletic field, 17 or improving a site already owned for an athletic field. 18 This bill limits elections for the contracting of 19 indebtedness and the issuance of bonds by school districts 20 under Code chapter 296 to only being conducted on the regular 21 school election date, which is the first Tuesday after the 22 first Monday in November in each odd-numbered year. However, 23 if the purpose of contracting indebtedness or issuing bonds 24 is the result of a natural disaster, the bill authorizes the 25 election to be held on any date authorized for school district 26 special elections. 27 -2- LSB 1142XS (3) 90 md/jh 2/ 2