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Senate File 49 - IntroducedA Bill ForAn Act 1relating to the date for an election to authorize the
2issuance of certain indebtedness by school districts.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 296.3, Code 2023, is amended to read as
2follows:
3296.3 Election called.
4Within ten days of receipt of a petition filed under section
5296.2, the president of the board of directors shall call a
6meeting of the board. The meeting shall be held within thirty
7days after the petition was received. At the meeting, the
8board shall call the election, fixing the time of the election,
9which may shall, consistent with section 296.4, be at the time
10and place of holding the regular school election under section
11277.1. However, if the board determines by unanimous vote
12that the proposition or propositions requested by a petition
13to be submitted at an election are grossly unrealistic or
14contrary to the needs of the school district, no election shall
15be called. If more than one petition has been received by
16the time the board meets to consider the petition triggering
17the meeting, the board shall act upon the petitions in the
18order they were received at the meeting called to consider the
19initial petition. The decision of the board may be appealed to
20the state board of education as provided in chapter 290. The
21president shall notify the county commissioner of elections of
22the time of the election.
23 Sec. 2. Section 296.4, Code 2023, is amended to read as
24follows:
25296.4 Notice — ballots.
26Notice of the election shall be given by the county
27commissioner of elections by publication in accordance with
28section 49.53. The county commissioner of elections shall
29conduct the election pursuant to the provisions of chapters 39
30through 53 and certify the results to the board of directors,
31except that for elections conducted on or after July 1, 2023,
32including elections subject to section 75.1, subsection 2, the
33date of the election shall be the date of the regular school
34election specified in section 277.1. However, if the purpose
35of contracting indebtedness or issuing bonds is the result
-1-1of a natural disaster, the election may be held on any date
2authorized under section 39.2, subsection 4, paragraph “c”.
3EXPLANATION
4The inclusion of this explanation does not constitute agreement with
5the explanation’s substance by the members of the general assembly.
6Subject to the approval of the voters when the indebtedness
7exceeds 1.25 percent of the assessed value of the taxable
8property, school districts are authorized in Code chapter 296
9to contract indebtedness up to 5 percent of the actual value
10of the taxable value and to issue general obligation bonds
11to provide funds to defray the cost of purchasing, building,
12furnishing, reconstructing, repairing, improving or remodeling
13a schoolhouse or schoolhouses and additions thereto, gymnasium,
14stadium, field house, school bus garage, teachers’ or
15superintendent’s home or homes, and procuring a site or sites
16for such buildings, or purchasing land to add to a site already
17owned, or procuring and improving a site for an athletic field,
18or improving a site already owned for an athletic field.
19This bill limits elections for the contracting of
20indebtedness and the issuance of bonds by school districts
21under Code chapter 296 to only being conducted on the regular
22school election date, which is the first Tuesday after the
23first Monday in November in each odd-numbered year. However,
24if the purpose of contracting indebtedness or issuing bonds
25is the result of a natural disaster, the bill authorizes the
26election to be held on any date authorized for school district
27special elections.
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2issuance of certain indebtedness by school districts.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 296.3, Code 2023, is amended to read as
2follows:
3296.3 Election called.
4Within ten days of receipt of a petition filed under section
5296.2, the president of the board of directors shall call a
6meeting of the board. The meeting shall be held within thirty
7days after the petition was received. At the meeting, the
8board shall call the election, fixing the time of the election,
9which may shall, consistent with section 296.4, be at the time
10and place of holding the regular school election under section
11277.1. However, if the board determines by unanimous vote
12that the proposition or propositions requested by a petition
13to be submitted at an election are grossly unrealistic or
14contrary to the needs of the school district, no election shall
15be called. If more than one petition has been received by
16the time the board meets to consider the petition triggering
17the meeting, the board shall act upon the petitions in the
18order they were received at the meeting called to consider the
19initial petition. The decision of the board may be appealed to
20the state board of education as provided in chapter 290. The
21president shall notify the county commissioner of elections of
22the time of the election.
23 Sec. 2. Section 296.4, Code 2023, is amended to read as
24follows:
25296.4 Notice — ballots.
26Notice of the election shall be given by the county
27commissioner of elections by publication in accordance with
28section 49.53. The county commissioner of elections shall
29conduct the election pursuant to the provisions of chapters 39
30through 53 and certify the results to the board of directors,
31except that for elections conducted on or after July 1, 2023,
32including elections subject to section 75.1, subsection 2, the
33date of the election shall be the date of the regular school
34election specified in section 277.1. However, if the purpose
35of contracting indebtedness or issuing bonds is the result
-1-1of a natural disaster, the election may be held on any date
2authorized under section 39.2, subsection 4, paragraph “c”.
3EXPLANATION
4The inclusion of this explanation does not constitute agreement with
5the explanation’s substance by the members of the general assembly.
6Subject to the approval of the voters when the indebtedness
7exceeds 1.25 percent of the assessed value of the taxable
8property, school districts are authorized in Code chapter 296
9to contract indebtedness up to 5 percent of the actual value
10of the taxable value and to issue general obligation bonds
11to provide funds to defray the cost of purchasing, building,
12furnishing, reconstructing, repairing, improving or remodeling
13a schoolhouse or schoolhouses and additions thereto, gymnasium,
14stadium, field house, school bus garage, teachers’ or
15superintendent’s home or homes, and procuring a site or sites
16for such buildings, or purchasing land to add to a site already
17owned, or procuring and improving a site for an athletic field,
18or improving a site already owned for an athletic field.
19This bill limits elections for the contracting of
20indebtedness and the issuance of bonds by school districts
21under Code chapter 296 to only being conducted on the regular
22school election date, which is the first Tuesday after the
23first Monday in November in each odd-numbered year. However,
24if the purpose of contracting indebtedness or issuing bonds
25is the result of a natural disaster, the bill authorizes the
26election to be held on any date authorized for school district
27special elections.
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