Senate File 81 - Reprinted
SENATE FILE
BY COMMITTEE ON EDUCATION
(SUCCESSOR TO SSB 1013)
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 1254SV 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 within two years of a
1 24 disaster as defined in section 29C.2, subsection 1. However,
1 25 a transfer under this paragraph "b" shall not be made without
1 26 the written approval of the school budget review committee.
1 27 Sec. 2. Section 256.9, Code 2009, is amended by adding the
1 28 following new subsection:
1 29 NEW SUBSECTION. 61. Grant to public school districts and
1 30 accredited nonpublic schools waivers from statutory
1 31 obligations with which the entities cannot reasonably comply
1 32 within two years after a disaster as defined in section 29C.2,
1 33 subsection 1.
1 34 Sec. 3. Section 256.9, Code 2009, is amended by adding the
1 35 following new subsection:
2 1 NEW SUBSECTION. 62. Report to the general assembly
2 2 annually by January 1, beginning January 1, 2010, about the
2 3 necessity of waiving any statutory obligations for school
2 4 districts, as authorized under section 256.7, due to a
2 5 disaster as defined in section 29C.2, subsection 1. The
2 6 department's report shall specify each waiver and the
2 7 determination for granting each waiver. The department shall
2 8 provide the report to the speaker of the house and president
2 9 of the senate and to the chairpersons of the appropriate
2 10 standing committees of the general assembly.
2 11 Sec. 4. Section 257.31, subsection 7, paragraph a, Code
2 12 2009, is amended to read as follows:
2 13 a. The committee may authorize a district to spend a
2 14 reasonable and specified amount from its unexpended cash
2 15 balance for either of the following purposes:
2 16 (1) Furnishing, equipping, and contributing to the
2 17 construction of a new building or structure for which the
2 18 voters of the district have approved a bond issue as provided
2 19 by law or the tax levy provided in section 298.2.
2 20 (2) The costs associated with the demolition of an unused
2 21 school building, or the conversion of an unused school
2 22 building for community use, in a school district involved in a
2 23 dissolution or reorganization under chapter 275, if the costs
2 24 are incurred within three years of the dissolution or
2 25 reorganization.
2 26 (3) The costs associated with the demolition or repair of
2 27 a building or structure in a school district if such costs are
2 28 necessitated by, and incurred within two years of, a disaster
2 29 as defined in section 29C.2, subsection 1.
2 30 Sec. 5. Section 273.2, subsection 2, Code 2009, is amended
2 31 to read as follows:
2 32 2. An area education agency established under this chapter
2 33 is a body politic as a school corporation for the purpose of
2 34 exercising powers granted under this chapter, and may sue and
2 35 be sued. An area education agency may hold property and
3 1 execute purchase agreements within two years of a disaster as
3 2 defined in section 29C.2, subsection 1, and lease=purchase
3 3 agreements pursuant to section 273.3, subsection 7, and if the
3 4 lease lease=purchase agreement exceeds ten years or the
3 5 purchase price of the property to be acquired pursuant to a
3 6 purchase or lease=purchase agreement exceeds twenty=five
3 7 thousand dollars, the area education agency shall conduct a
3 8 public hearing on the proposed purchase or lease=purchase
3 9 agreement and receive approval from the area education agency
3 10 board of directors and the director of the department state
3 11 board of education or its designee before entering into the
3 12 agreement.
3 13 Sec. 6. Section 273.3, subsection 7, Code 2009, is amended
3 14 to read as follows:
3 15 7. Be authorized to lease, purchase, or lease=purchase,
3 16 subject to the approval of the director of the department
3 17 state board of education or its designee and to receive by
3 18 gift and operate and maintain facilities and buildings
3 19 necessary to provide authorized programs and services.
3 20 However, a lease for less than ten years and with an annual
3 21 cost of less than twenty=five thousand dollars does not
3 22 require the approval of the director state board. If a lease
3 23 requires approval, the director The state board shall not
3 24 approve the a lease, purchase, or lease=purchase until the
3 25 director state board is satisfied by investigation that public
3 26 school corporations within the area do not have suitable
3 27 facilities available. A purchase of property that is not a
3 28 lease=purchase may be made only within two years of a disaster
3 29 as defined in section 29C.2, subsection 1, and subject to the
3 30 requirements of this subsection.
3 31 Sec. 7. NEW SECTION. 273.14 EMERGENCY REPAIRS.
3 32 When emergency repairs costing more than the competitive
3 33 bid threshold in section 26.3, or the adjusted competitive bid
3 34 threshold established in section 314.1B, subsection 2, are
3 35 necessary in order to ensure the use of an area education
4 1 agency facility, the provisions of law with reference to
4 2 advertising for bids shall not apply within two years of a
4 3 disaster as defined in section 29C.2, subsection 1, and the
4 4 area education agency board may contract for such emergency
4 5 repairs without advertising for bids. However, before such
4 6 emergency repairs can be made to an area education agency
4 7 facility, the state board of education or its designee must
4 8 certify that such emergency repairs are necessary to ensure
4 9 the use of the area education agency facility.
4 10 Sec. 8. Section 297.8, Code 2009, is amended to read as
4 11 follows:
4 12 297.8 EMERGENCY REPAIRS.
4 13 When emergency repairs costing more than the competitive
4 14 bid threshold in section 26.3, or as established in section
4 15 314.1B, are necessary in order to prevent the closing ensure
4 16 the continued use of any school or attendance center, the
4 17 provisions of the law with reference to advertising for bids
4 18 shall not apply, and in that event the board may contract for
4 19 such emergency repairs without advertising for bids. However,
4 20 before such emergency repairs can be made to any schoolhouse
4 21 or attendance center, it shall be necessary to procure a
4 22 certificate from the area education agency administrator that
4 23 such emergency repairs are necessary to prevent the closing
4 24 ensure the continued use of the school or attendance center.
4 25 Sec. 9. Section 298.3, Code 2009, is amended by adding the
4 26 following new subsection:
4 27 NEW SUBSECTION. 13. Demolition, clean up, and other costs
4 28 if such costs are necessitated by, and incurred within two
4 29 years of, a disaster as defined in section 29C.2, subsection
4 30 1.
4 31 SF 81
4 32 ak/sc/jh/26