Bill Text: IA HF546 | 2019-2020 | 88th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: A bill for an act relating to school funding by modifying provisions relating to the collection of sales tax for deposit in the secure an advanced vision for education fund, provisions relating to the use of tax revenue from the secure an advanced vision for education fund, and provisions relating to the calculation of the additional property tax levy, and making appropriations. (Formerly HF 425.) Effective 7-1-19.

Spectrum: Committee Bill

Status: (Passed) 2019-05-24 - Signed by Governor. H.J. 1081. [HF546 Detail]

Download: Iowa-2019-HF546-Introduced.html
House File 546 - Introduced HOUSE FILE 546 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO HF 425) (SUCCESSOR TO HSB 18) A BILL FOR An Act relating to school funding by modifying provisions 1 relating to the collection of sales tax for deposit in the 2 secure an advanced vision for education fund, provisions 3 relating to the use of tax revenue from the secure an 4 advanced vision for education fund, and provisions relating 5 to the calculation of the additional property tax levy, and 6 making appropriations. 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 8 TLSB 1768HZ (2) 88 md/jh
H.F. 546 Section 1. Section 257.2, subsection 8, Code 2019, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . e. Foundation base supplement payments 3 received under section 257.16D. 4 Sec. 2. Section 257.4, subsection 1, paragraph a, Code 2019, 5 is amended by adding the following new subparagraph: 6 NEW SUBPARAGRAPH . (10) The amount of the foundation base 7 supplement payment to be received by the school district under 8 section 257.16D. 9 Sec. 3. Section 257.4, subsection 1, paragraph b, Code 2019, 10 is amended to read as follows: 11 b. For the budget year beginning July 1, 2008, and 12 succeeding budget years, the department of management shall 13 annually determine an adjusted additional property tax levy 14 and a statewide maximum adjusted additional property tax 15 levy rate, not to exceed the statewide average additional 16 property tax levy rate, calculated by dividing the total 17 adjusted additional property tax levy dollars statewide by the 18 statewide total net taxable valuation. For purposes of this 19 paragraph, the adjusted additional property tax levy shall be 20 that portion of the additional property tax levy corresponding 21 to the state cost per pupil multiplied by a school district’s 22 weighted enrollment, and then multiplied by one hundred 23 percent less the regular program foundation base per pupil 24 percentage pursuant to section 257.1 , and then reduced by the 25 amount of the property tax replacement payment to be received 26 under section 257.16B and the amount of the foundation base 27 supplement payment to be received under section 257.16D . The 28 district shall receive adjusted additional property tax levy 29 aid in an amount equal to the difference between the adjusted 30 additional property tax levy rate and the statewide maximum 31 adjusted additional property tax levy rate, as applied per 32 thousand dollars of assessed valuation on all taxable property 33 in the district. The statewide maximum adjusted additional 34 property tax levy rate shall be annually determined by the 35 -1- LSB 1768HZ (2) 88 md/jh 1/ 18
H.F. 546 department taking into account amounts allocated pursuant to 1 section 257.15, subsection 4 , and the balance of the property 2 tax equity and relief fund created in section 257.16A at the 3 end of the calendar year. 4 Sec. 4. Section 257.15, subsection 4, paragraph b, Code 5 2019, is amended to read as follows: 6 b. After lowering all school district adjusted additional 7 property tax levy rates to the statewide maximum adjusted 8 additional property tax levy rate under paragraph “a” , the 9 department of management shall use any remaining funds at the 10 end of the calendar year to further lower additional property 11 taxes by increasing for the budget year beginning the following 12 July 1, the state regular program foundation base per pupil 13 percentage under section 257.1 . Moneys used pursuant to this 14 paragraph shall supplant an equal amount of the appropriation 15 made from the general fund of the state pursuant to section 16 257.16 that represents the increase in state foundation aid. 17 Sec. 5. NEW SECTION . 257.16D Foundation base supplement 18 fund. 19 1. A foundation base supplement fund is created as a 20 separate and distinct fund in the state treasury under the 21 control of the department of management. Moneys in the fund 22 include revenues credited to the fund, appropriations made to 23 the fund, and other moneys deposited into the fund. 24 2. a. There is appropriated annually from the fund to 25 the department of management an amount necessary to make all 26 foundation base supplement payments under this section. The 27 department of management shall calculate each school district’s 28 foundation base supplement payment based on the distribution 29 methodology under paragraph “b” . 30 b. The moneys available in a fiscal year in the foundation 31 base supplement fund shall be distributed by the department 32 of management to each school district on a per pupil basis 33 calculated using each school district’s weighted enrollment, 34 as defined in section 257.6, for that fiscal year. However, 35 -2- LSB 1768HZ (2) 88 md/jh 2/ 18
H.F. 546 the amount of a school district’s foundation base supplement 1 payment for a budget year shall not exceed an amount equal to 2 the school district’s weighted enrollment for the budget year 3 multiplied by the amount for the budget year calculated under 4 section 257.16B, subsection 2, paragraph “f” , subparagraph 5 (2), minus the amount of the school district’s property tax 6 replacement payment under section 257.16B for the budget year. 7 3. Notwithstanding section 8.33, any moneys remaining in 8 the foundation base supplement fund at the end of a fiscal year 9 shall not revert to any other fund but shall remain in the 10 foundation base supplement fund for use as provided in this 11 section for the following fiscal year. 12 Sec. 6. NEW SECTION . 257.51 Career academy fund —— grant 13 program. 14 1. A career academy fund is created and established as 15 a separate and distinct fund in the state treasury under the 16 control of the department of education. 17 2. a. In addition to moneys deposited in the career 18 academy fund pursuant to section 423F.2, the department of 19 education may accept gifts, grants, bequests, and other private 20 contributions, as well as state or federal funds, and shall 21 deposit the moneys in the fund to be used for purposes of 22 this section. Moneys in the fund are appropriated to the 23 department of education and shall be used for the purposes of 24 this section. 25 b. Notwithstanding section 8.33, moneys in the fund 26 that remain unencumbered or unobligated at the close of the 27 fiscal year shall not revert but shall remain available for 28 expenditure for the purposes of this section in succeeding 29 fiscal years. Notwithstanding section 12C.7, subsection 2, 30 interest earned on moneys in the career academy fund shall be 31 credited to the fund. 32 3. The department of education shall adopt rules to 33 establish and administer a career academy grant program 34 to provide for the allocation of money in the fund in 35 -3- LSB 1768HZ (2) 88 md/jh 3/ 18
H.F. 546 the form of competitive grants, not to exceed one million 1 dollars per grant, to school corporations for career academy 2 infrastructure, career academy equipment, or both, in 3 accordance with the goals of this section and to further the 4 goals of the establishment and operation of career academies 5 under section 258.15. The rules adopted by the department 6 of education shall specify the eligibility of applicants 7 and eligible items for grant funding. Priority for grants 8 shall first be given to applications to establish new career 9 academies that are organized as regional centers pursuant 10 to chapter 258. Subsequent priority shall be given to 11 applications for expanding existing career academies. 12 Sec. 7. Section 423.2, subsection 12, Code 2019, is amended 13 to read as follows: 14 12. The sales tax rate of six percent is reduced to five 15 percent on January 1, 2030 2051 . 16 Sec. 8. Section 423.2A, subsection 2, paragraph c, Code 17 2019, is amended to read as follows: 18 c. Transfer one-sixth of the remaining revenues to the 19 secure an advanced vision for education fund created in section 20 423F.2 . This paragraph “c” is repealed December 31, 2029 21 January 1, 2051 . 22 Sec. 9. Section 423.5, subsection 4, Code 2019, is amended 23 to read as follows: 24 4. The use tax rate of six percent is reduced to five 25 percent on January 1, 2030 2051 . 26 Sec. 10. Section 423.43, subsection 1, paragraph b, Code 27 2019, is amended to read as follows: 28 b. Subsequent to the deposit into the general fund of 29 the state and after the transfer of such revenues collected 30 under chapter 423B , the department shall transfer one-sixth of 31 such remaining revenues to the secure an advanced vision for 32 education fund created in section 423F.2 . This paragraph is 33 repealed December 31, 2029 January 1, 2051 . 34 Sec. 11. Section 423F.2, subsection 3, Code 2019, is amended 35 -4- LSB 1768HZ (2) 88 md/jh 4/ 18
H.F. 546 to read as follows: 1 3. a. The moneys available in a fiscal year in the secure 2 an advanced vision for education fund shall be distributed by 3 the department of revenue to each school district on a per 4 pupil basis calculated using each school district’s budget 5 enrollment, as defined in section 257.6 , for that fiscal year. 6 b. (1) Prior to distribution of moneys in the secure an 7 advanced vision for education fund to school districts, two 8 and one-tenths percent of the moneys available in a an amount 9 equal to the equity transfer amount for the fiscal year minus 10 the foundation base transfer amount for the fiscal year shall 11 be distributed and credited to the property tax equity and 12 relief fund created in section 257.16A , an amount equal to 13 the foundation base transfer amount shall be distributed and 14 credited to the foundation base supplement fund created in 15 section 257.16D, and an amount equal to the career academy 16 transfer amount for the fiscal year shall be distributed and 17 credited to the career academy fund created in section 257.51 . 18 (2) For purposes of this subsection, the equity transfer 19 amount is determined by multiplying the equity transfer 20 percentage by the amount of moneys available in the secure an 21 advanced vision for education fund in the fiscal year. 22 (a) For the fiscal year beginning July 1, 2018, the equity 23 transfer percentage is two and one-tenth percent. 24 (b) For each fiscal year beginning on or after July 1, 2019, 25 the equity transfer percentage is equal to the equity transfer 26 percentage for the immediately preceding fiscal year, unless 27 the amount of moneys available in the secure an advanced vision 28 for education fund in the immediately preceding fiscal year 29 equals or exceeds one hundred two percent of the amount of 30 moneys available in the fund for the fiscal year prior to the 31 immediately preceding fiscal year, in which case the equity 32 transfer percentage shall be the equity transfer percentage for 33 the immediately preceding fiscal year plus one percent subject 34 to the limitation in subparagraph division (c). 35 -5- LSB 1768HZ (2) 88 md/jh 5/ 18
H.F. 546 (c) If the equity transfer percentage calculated under 1 subparagraph division (b) exceeds twelve percent, the equity 2 transfer percentage for that fiscal year shall be twelve 3 percent. 4 (3) For purposes of this subsection, the foundation 5 base transfer amount equals the equity transfer amount for 6 the fiscal year under subparagraph (2) minus the sum of the 7 following: 8 (a) Two and one-tenth percent of the amount of the moneys 9 available in the secure an advanced vision for education fund 10 in the fiscal year. 11 (b) Two-thirds of the product of the equity transfer 12 percentage for the fiscal year minus two and one-tenth percent 13 multiplied by the moneys available in the secure an advanced 14 vision for education fund in the fiscal year. 15 (4) (a) For purposes of this subsection, the career academy 16 transfer amount for the fiscal year beginning July 1, 2019, is 17 one million dollars. 18 (b) For each fiscal year beginning on or after July 1, 19 2020, the career academy transfer amount is equal to the lesser 20 of five million dollars or the amount of the career academy 21 transfer amount for the immediately preceding fiscal year, 22 unless the amount of moneys available in the secure an advanced 23 vision for education fund in the immediately preceding fiscal 24 year equals or exceeds one hundred two and one-half percent of 25 the amount of moneys available in the fund for the fiscal year 26 prior to the immediately preceding fiscal year, in which case 27 the career academy transfer amount equals the lesser of five 28 million dollars or the sum of the amount of the career academy 29 transfer amount for the immediately preceding fiscal year plus 30 one-half percent of the amount of moneys available in the 31 secure an advanced vision for education fund in the fiscal year 32 following the deposit of revenues in the property tax equity 33 and relief fund and the foundation base supplement fund. 34 Sec. 12. Section 423F.3, subsection 3, paragraph b, Code 35 -6- LSB 1768HZ (2) 88 md/jh 6/ 18
H.F. 546 2019, is amended to read as follows: 1 b. (1) If the board of directors intends to use funds for 2 purposes other than those listed in paragraph “a” , or change the 3 use of funds to purposes other than those listed in paragraph 4 “a” , the board shall adopt a revenue purpose statement or amend 5 an existing revenue purpose statement , subject to approval of 6 the electors, listing the proposed use of the funds. School 7 districts shall submit the statement to the voters no later 8 than sixty days prior to the expiration of any existing revenue 9 purpose statement or change in use not included in the existing 10 revenue purpose statement. 11 (2) (a) Notwithstanding any provision of law to the 12 contrary, for each school district with an existing revenue 13 purpose statement for the use of revenues from the secure an 14 advanced vision for education fund adopted under this paragraph 15 or adopted under another provision of law before July 1, 16 2019, such revenue purpose statement shall terminate and be 17 of no further force and effect on January 1, 2031, or the 18 expiration date of the revenue purpose statement, whichever is 19 earlier. If such a school district intends to use funds for 20 purposes other than those listed in paragraph “a” and does not 21 intend to operate without a revenue purpose statement on or 22 after January 1, 2031, or the expiration date of the revenue 23 purpose statement, whichever is earlier, the board of directors 24 shall submit a revenue purpose statement for approval by the 25 electors under subparagraph (1) on or after July 1, 2019, 26 and such revenue purpose statement submitted to the electors 27 shall include all proposed uses including those previously 28 approved by the electors, if applicable. The following, in 29 substantially the following form, shall be included in the 30 notice of the election published under paragraph “d” and 31 published on the school district’s internet site: 32 If a majority of eligible electors voting on the question 33 fail to approve this revenue purpose statement, revenues 34 received by the school district from the secure an advanced 35 -7- LSB 1768HZ (2) 88 md/jh 7/ 18
H.F. 546 vision for education fund shall first be expended for . . . . 1 (State the purposes in the order listed in subsection 1 and as 2 required by subsection 4 of this section for which the revenues 3 received by the school district under this chapter will be 4 expended.) 5 (b) Unless a new revenue purpose statement is adopted by 6 the electors, the existing revenue purpose statement remains 7 in effect until January 1, 2031, or the expiration date of the 8 revenue purpose statement, whichever is earlier. If a revenue 9 purpose statement is terminated under the provisions of this 10 subparagraph, such termination shall not affect the validity 11 of or a first lien on bonds issued under section 423E.5, Code 12 2019, or section 423F.5 prior to the date the revenue purpose 13 statement is terminated under subparagraph division (a), or 14 the validity of a contract or other obligation of the school 15 district secured in whole or in part by or requiring the 16 payment of funds received under this chapter in effect prior 17 to the date the revenue purpose statement is terminated under 18 subparagraph division (a). 19 Sec. 13. Section 423F.3, subsection 5, paragraph b, Code 20 2019, is amended to read as follows: 21 b. The infeasibility cost-benefit analysis of remodeling, 22 reconstructing, or repairing existing buildings. 23 Sec. 14. Section 423F.3, subsection 5, Code 2019, is amended 24 by adding the following new paragraph: 25 NEW PARAGRAPH . i. Benefits and effects of the new 26 construction on student learning. 27 Sec. 15. Section 423F.3, subsection 6, Code 2019, is amended 28 by adding the following new paragraph: 29 NEW PARAGRAPH . 0d. Additionally, “school infrastructure” 30 includes school safety and security infrastructure. For 31 purposes of this paragraph, “school safety and security 32 infrastructure” includes but is not limited to safe rooms, 33 remote entry technology and equipment, security camera systems, 34 card access systems, and communication systems with access to 35 -8- LSB 1768HZ (2) 88 md/jh 8/ 18
H.F. 546 fire and police emergency frequencies. For purposes of this 1 paragraph, “school safety and security infrastructure” does 2 not include the cost of personnel, development of safety and 3 security plans, or training related to the implementation of 4 safety and security plans. It is the intent of the general 5 assembly that each school district prioritize the use of 6 revenues under this chapter for secure entries for the 7 district’s attendance centers before expending such revenues 8 for athletic facility infrastructure projects. 9 Sec. 16. Section 423F.3, Code 2019, is amended by adding the 10 following new subsection: 11 NEW SUBSECTION . 6A. a. Prior to approving the use 12 of revenues received under this chapter for an athletic 13 facility infrastructure project within the scope of the 14 school district’s approved revenue purpose statement or 15 pursuant to subsection 4 for a school district without an 16 approved revenue statement, the board of directors shall adopt 17 a resolution setting forth the proposal for the athletic 18 facility infrastructure project and hold an additional public 19 hearing on the issue of construction of the athletic facility. 20 Notice of the time and place of the public hearing shall be 21 published not less than ten nor more than twenty days before 22 the public hearing in a newspaper which is a newspaper of 23 general circulation in the school district. If at any time 24 prior to the fifteenth day following the hearing, the secretary 25 of the board of directors receives a petition containing the 26 required number of signatures and asking that the question 27 of the approval of the use of revenues for the athletic 28 facility infrastructure project be submitted to the voters 29 of the school district, the board of directors shall either 30 rescind the board’s resolution for the use of revenues for 31 the athletic facility infrastructure project or direct the 32 county commissioner of elections to submit the question to the 33 registered voters of the school district at an election held 34 on a date specified in section 39.2, subsection 4, paragraph 35 -9- LSB 1768HZ (2) 88 md/jh 9/ 18
H.F. 546 “c” . The petition must be signed by eligible electors equal 1 in number to not less than one hundred or thirty percent of 2 the number of voters at the last preceding election of school 3 officials under section 277.1, whichever is greater. If a 4 majority of those voting on the question favors the use of the 5 revenues for the athletic facility infrastructure project, the 6 board shall be authorized to approve such use by resolution of 7 the board. If a majority of those voting on the question does 8 not favor the use of the revenues for the athletic facility 9 infrastructure project, the board of directors shall rescind 10 the board’s resolution for the use of revenues for the athletic 11 facility infrastructure project. If a petition is not received 12 by the board of directors within the prescribed time period, 13 the board of directors may approve the use of revenues for 14 the athletic facility infrastructure project without voter 15 approval. 16 b. After fourteen days from the date of the hearing under 17 paragraph “a” or fourteen days after the date of the election 18 held under paragraph “a” , if applicable, whichever is later, an 19 action shall not be brought questioning the board of directors’ 20 authority to use funds for the athletic facility infrastructure 21 project or questioning the legality of any proceedings in 22 connection with the authorization of such use. 23 c. For purposes of this subsection: 24 (1) “Athletic facility” means a building or structure, or 25 portion thereof, that is not physically attached to a student 26 attendance center. 27 (2) “Athletic facility infrastructure project” means a school 28 infrastructure project that includes in whole or in part the 29 construction of an athletic facility. 30 (3) “Construction” does not include repair or maintenance 31 of an existing facility. 32 Sec. 17. Section 423F.4, Code 2019, is amended to read as 33 follows: 34 423F.4 Borrowing authority for school districts. 35 -10- LSB 1768HZ (2) 88 md/jh 10/ 18
H.F. 546 1. A Subject to the conditions established under subsection 1 2, a school district may anticipate its share of the revenues 2 under section 423F.2 by issuing bonds in the manner provided in 3 section 423E.5 , Code 2019 . However, to the extent any school 4 district has issued bonds anticipating the proceeds of an 5 extended local sales and services tax for school infrastructure 6 purposes imposed by a county pursuant to former chapter 423E, 7 Code and Code Supplement 2007, prior to July 1, 2008, the 8 pledge of such revenues for the payment of principal and 9 interest on such bonds shall be replaced by a pledge of its 10 share of the revenues under section 423F.2 . 11 2. a. Bonds issued on or after July 1, 2019, shall not be 12 sold at public sale as provided in chapter 75, or at a private 13 sale, without notice and hearing. Notice of the time and place 14 of the public hearing shall be published not less than ten nor 15 more than twenty days before the public hearing in a newspaper 16 which is a newspaper of general circulation in the school 17 district. 18 b. For bonds subject to the requirements of paragraph 19 “a” , if at any time prior to the fifteenth day following the 20 hearing, the secretary of the board of directors receives a 21 petition containing the required number of signatures and 22 asking that the question of the issuance of such bonds be 23 submitted to the voters of the school district, the board shall 24 either rescind its adoption of the resolution or direct the 25 county commissioner of elections to submit the question to the 26 registered voters of the school district at an election held 27 on a date specified in section 39.2, subsection 4, paragraph 28 “c” . The petition must be signed by eligible electors equal 29 in number to not less than one hundred or thirty percent of 30 the number of voters at the last preceding election of school 31 officials under section 277.1, whichever is greater. If the 32 board submits the question at an election and a majority of 33 those voting on the question favors issuance of the bonds, the 34 board shall be authorized to issue the bonds. 35 -11- LSB 1768HZ (2) 88 md/jh 11/ 18
H.F. 546 c. After fourteen days from the date of the hearing under 1 paragraph “a” or fourteen days after the date of the election 2 held under paragraph “b” , if applicable, whichever is later, 3 an action shall not be brought questioning the legality of 4 any bonds or the power of the authority to issue any bonds 5 or to the legality of any proceedings in connection with the 6 authorization or issuance of the bonds. 7 Sec. 18. Section 423F.6, Code 2019, is amended to read as 8 follows: 9 423F.6 Repeal. 10 This chapter is repealed December 31, 2029 January 1, 2051 . 11 Sec. 19. STATE MANDATE FUNDING SPECIFIED. In accordance 12 with section 25B.2, subsection 3, the state cost of requiring 13 compliance with any state mandate included in this Act shall 14 be paid by a school district from state school foundation aid 15 received by the school district under section 257.16. This 16 specification of the payment of the state cost shall be deemed 17 to meet all of the state funding-related requirements of 18 section 25B.2, subsection 3, and no additional state funding 19 shall be necessary for the full implementation of this Act 20 by and enforcement of this Act against all affected school 21 districts. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 Code section 423.2 imposes a state tax of 6 percent upon 26 the sales price of all sales of tangible personal property, 27 consisting of goods, wares, merchandise, and other items 28 designated by statute, sold at retail in the state to consumers 29 or users, except as otherwise provided by Code chapter 423. 30 Generally, by operation of law, a sale subject to the sales 31 tax is also subject to the use tax. Following the transfer 32 of amounts required by statute, if applicable, one-sixth of 33 the remaining state sales tax revenue from the 6 percent tax 34 is transferred to the secure an advanced vision for education 35 -12- LSB 1768HZ (2) 88 md/jh 12/ 18
H.F. 546 (SAVE) fund created in Code section 423F.2. Moneys in the SAVE 1 fund are allocated to school districts on a per pupil basis to 2 be used for infrastructure and property tax reduction purposes 3 specified in Code chapter 423F. Under current law, the sales 4 tax rate of 6 percent is reduced to 5 percent on January 1, 5 2030, and Code chapter 423F, along with other corresponding 6 provisions, is repealed December 31, 2029. 7 This bill extends the 6 percent sales tax rate, the 8 allocation to the SAVE fund, and the statutory repeal of Code 9 chapter 423F until January 1, 2051. 10 Code section 423F.2 provides that prior to distribution of 11 SAVE revenues to school districts, 2.1 percent of the moneys 12 available in the SAVE fund are distributed and credited to 13 the property tax equity and relief (PTER) fund to be used for 14 additional property tax levy aid. The bill provides that 15 for each fiscal year beginning on or after July 1, 2019, the 16 equity transfer amount, as created in the bill, is distributed 17 and credited to the PTER fund and foundation base supplement 18 fund in amounts specified in the bill. The bill creates the 19 equity transfer percentage, which is used to determine the 20 amount of the equity transfer amount, and is equal to the 21 equity transfer percentage for the immediately preceding fiscal 22 year, unless the amount of money available in the SAVE fund in 23 the immediately preceding fiscal year is equal to or exceeds 24 102 percent of the amount of money available in the SAVE fund 25 for the fiscal year prior to the immediately preceding fiscal 26 year, in which case the equity transfer percentage shall be the 27 equity transfer percentage for the immediately preceding fiscal 28 year plus 1 percent. However, the bill caps the percentage at 29 12 percent. The equity transfer percentage for the fiscal year 30 beginning July 1, 2018, is 2.1 percent. The amount required to 31 be transferred from the SAVE fund to the PTER fund is equal to 32 the equity transfer amount minus the foundation base transfer 33 amount. 34 The bill also establishes a foundation base transfer amount 35 -13- LSB 1768HZ (2) 88 md/jh 13/ 18
H.F. 546 that equals the equity transfer amount minus the sum of 2.1 1 percent of the amount of the moneys available in the SAVE fund 2 in the fiscal year plus two-thirds of the product of the equity 3 transfer percentage minus 2.1 percent multiplied by the moneys 4 available in the SAVE fund in the fiscal year. An amount equal 5 to the foundation base transfer amount is credited to the 6 foundation base supplement fund to be used by the department of 7 management for purposes of making foundation base supplement 8 payments to school districts on a per pupil basis calculated 9 using each school district’s weighted enrollment and subject to 10 specified total foundation base supplement limits in the bill. 11 The bill also establishes a career academy transfer amount 12 that for the fiscal year beginning July 1, 2019, is $1 million. 13 For each fiscal year beginning on or after July 1, 2020, the 14 career academy transfer amount is equal to the lesser of $5 15 million or the amount of the career academy transfer amount for 16 the immediately preceding fiscal year, unless the amount of 17 moneys available in the SAVE fund in the immediately preceding 18 fiscal year equals or exceeds 102.5 percent of the amount of 19 moneys available in the fund for the fiscal year prior to the 20 immediately preceding fiscal year, in which case the career 21 academy transfer amount equals the lesser of $5 million or the 22 sum of the amount of the career academy transfer amount for 23 the immediately preceding fiscal year plus 0.5 percent of the 24 amount of moneys available in the SAVE fund in the fiscal year 25 following the deposit of revenues in the property tax equity 26 and relief fund and the foundation base supplement fund. 27 An amount equal to the career academy transfer amount 28 is credited to the career academy fund to be used by the 29 department of education for purposes of providing competitive 30 grants, not to exceed $1 million per grant, to school districts 31 for career academy infrastructure, career academy equipment, or 32 both, in accordance with the bill and to further the goals of 33 the establishment and operation of career academies under Code 34 section 258.15. 35 -14- LSB 1768HZ (2) 88 md/jh 14/ 18
H.F. 546 Under the bill, existing revenue purpose statements for the 1 use of SAVE fund revenues adopted before July 1, 2019, shall 2 terminate and be of no further force and effect on January 1, 3 2031, or the expiration date of the revenue purpose statement, 4 whichever is earlier. If a school district intends to use 5 SAVE fund revenues for purposes other than those which can 6 be approved by the school board alone and does not intend to 7 operate without a revenue purpose statement on or after January 8 1, 2031, or the expiration of the revenue purpose statement, 9 whichever is earlier, the school board must submit a revenue 10 purpose statement for approval by the electors on or after 11 July 1, 2019, and such revenue purpose statement submitted to 12 the electors shall include all proposed uses including those 13 previously approved by the electors, if applicable. The bill 14 specifies that if a revenue purpose statement is terminated 15 under the provisions of the bill, such termination shall 16 not affect the validity of or a first lien on bonds issued 17 under Code sections 423E.5 and 423F.5 prior to the date of 18 termination, or the validity of a contract or other obligation 19 of the school district secured in whole or in part by or 20 requiring the payment of SAVE revenues in effect prior to the 21 date of termination. 22 The bill provides that prior to approving the use of SAVE 23 revenues for an athletic facility infrastructure project 24 that is defined in the bill to mean a school infrastructure 25 project that includes in whole or in part, the construction 26 of an athletic facility, the board of directors must first 27 hold an additional public hearing on the issue of the athletic 28 facility. The bill defines “athletic facility” to mean 29 a building or structure, or portion thereof, that is not 30 physically attached to a student attendance center. If at any 31 time prior to the 15th day following the hearing, the secretary 32 of the board of directors receives a petition containing the 33 required number of signatures and asking that the question of 34 the approval of the use of revenues for the athletic facility 35 -15- LSB 1768HZ (2) 88 md/jh 15/ 18
H.F. 546 infrastructure project be submitted to the voters of the school 1 district, the board of directors shall either rescind the 2 resolution for use of SAVE revenues for the athletic facility 3 infrastructure project or direct the county commissioner of 4 elections to submit the question to the registered voters of 5 the school district. If a majority of those voting on the 6 question favors the use of the SAVE revenues for the athletic 7 facility infrastructure project, the board shall be authorized 8 to approve such use by resolution of the board. If a majority 9 of those voting on the question does not favor the use of the 10 SAVE revenues for the school infrastructure project, the board 11 of directors shall rescind the board’s resolution for use of 12 SAVE revenues for the athletic facility infrastructure project. 13 If a petition is not received by the board of directors 14 within the prescribed time period, the board of directors may 15 approve the use of SAVE revenues for the athletic facility 16 infrastructure project without voter approval. The bill also 17 establishes limitations on the period of time to bring an 18 action to question the authority to use funds for such purpose 19 or the legality of any proceedings in connection with the 20 authorization of such use. 21 Code section 423F.3 defines “school infrastructure” for 22 purposes of the uses for which school districts are permitted 23 to expend SAVE revenues. The bill adds “school safety and 24 security infrastructure”, as defined in the bill, to the 25 definition of “school infrastructure”. The bill specifies 26 that it is the intent of the general assembly that each school 27 district prioritize the use of SAVE revenues for secure entries 28 for the district’s attendance centers before expending such 29 revenues for athletic facility infrastructure projects. 30 Current law authorizes a school district to anticipate 31 its share of SAVE fund revenues by issuing bonds without 32 voter approval. The bill provides that revenue bonds issued 33 on or after July 1, 2019, shall not be sold at public sale 34 or at a private sale without notice and a public hearing. 35 -16- LSB 1768HZ (2) 88 md/jh 16/ 18
H.F. 546 Additionally, if at any time prior to the 15th day following 1 the hearing, the secretary of the board of directors receives 2 a petition containing the required number of signatures and 3 asking that the question of the issuance of such bonds be 4 submitted to the voters of the school district, the school 5 board shall either rescind its adoption of the resolution or 6 direct the county commissioner of elections to submit the 7 question to the registered voters of the school district. The 8 petition must be signed by eligible electors equal in number 9 to not less than 100 or 30 percent of the number of voters at 10 the last preceding election of school officials, whichever 11 is greater. If the school board submits the question at an 12 election and a majority of those voting on the question favors 13 issuance of the bonds, the board shall be authorized to issue 14 the bonds. The bill also places limitations on the period 15 of time during which an action questioning the legality or 16 procedural compliance for the issuance of such bonds may be 17 brought. 18 Currently, a school district with a certified enrollment 19 of fewer than 250 pupils in the entire district or certified 20 enrollment of fewer than 100 pupils in high school must apply 21 to the department of education for a certificate of need 22 before the school district can expend the supplemental school 23 infrastructure amount received for new construction or for 24 payments for bonds issued for new construction against the 25 supplemental school infrastructure amount. The bill modifies 26 the criteria to be used by the department of education in 27 determining whether to issue a certificate of need to include 28 the cost-benefit analysis of remodeling, reconstructing, or 29 repairing existing buildings versus new construction and 30 consideration of the benefit of the new construction on student 31 learning. 32 The bill may include a state mandate as defined in Code 33 section 25B.3. The bill requires that the state cost of 34 any state mandate included in the bill be paid by a school 35 -17- LSB 1768HZ (2) 88 md/jh 17/ 18
H.F. 546 district from state school foundation aid received by the 1 school district under Code section 257.16. The specification 2 is deemed to constitute state compliance with any state mandate 3 funding-related requirements of Code section 25B.2. The 4 inclusion of this specification is intended to reinstate the 5 requirement of political subdivisions to comply with any state 6 mandates included in the bill. 7 -18- LSB 1768HZ (2) 88 md/jh 18/ 18
feedback