Bill Text: IA HF165 | 2021-2022 | 89th General Assembly | Introduced


Bill Title: A bill for an act relating to violations of school instructional time requirements for the school year beginning July 1, 2020, by restricting the collection of or providing for the refund of certain taxes, and including effective date and retroactive applicability provisions.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-01-22 - Introduced, referred to Education. H.J. 182. [HF165 Detail]

Download: Iowa-2021-HF165-Introduced.html
House File 165 - Introduced HOUSE FILE 165 BY SHIPLEY A BILL FOR An Act relating to violations of school instructional time 1 requirements for the school year beginning July 1, 2020, by 2 restricting the collection of or providing for the refund of 3 certain taxes, and including effective date and retroactive 4 applicability provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1546YH (5) 89 md/jh
H.F. 165 Section 1. SCHOOL DISTRICT TAX REDUCTIONS OR REFUNDS FOR 1 VIOLATIONS OF INSTRUCTIONAL TIME REQUIREMENTS. 2 1. a. For the fiscal year beginning July 1, 2020, and 3 ending June 30, 2021, the amount of foundation property 4 tax levied under section 257.3 and the amount of additional 5 property tax levied under section 257.4 shall each be reduced 6 by one one-hundred-eightieth for each day of that fiscal year 7 for which the school district provided instruction primarily 8 through remote-learning opportunities without an approved 9 waiver from the department of education for such method of 10 instruction in accordance with the requirements of 2020 Iowa 11 Acts, chapter 1107; section 279.10; the governor’s proclamation 12 of a public health disaster emergency issued July 17, 2020; 13 and subsequent applicable proclamations of a public health 14 disaster emergency issued by the governor pursuant to section 15 29C.6 and related to COVID-19. The department of management 16 shall certify the school district’s adjusted property tax 17 amounts to the board of directors of the school district and 18 the appropriate county auditors. In lieu of reductions in the 19 amount levied under section 257.3 or 257.4, the school district 20 may elect to refund the proportionate amount of reduced taxes 21 to each property-tax payer in the district. 22 b. If necessary to effectuate the reductions required under 23 paragraph “a”, the department of management shall adjust the 24 amount of property taxes levied by the school district under 25 sections 257.3 and 257.4 for the fiscal year beginning July 1, 26 2021, and ending June 30, 2022. 27 c. Reductions of property taxes under this section shall 28 continue to be deemed property taxes collected for the purposes 29 of the school foundation program under chapter 257 and shall 30 not result in an adjustment in state aid paid to the school 31 district under section 257.16. 32 2. The department of management shall prorate a reduction 33 made pursuant to this section to account for an attendance 34 center in a school district that is approved to maintain a 35 -1- LSB 1546YH (5) 89 md/jh 1/ 5
H.F. 165 year-round school calendar under section 279.10, subsection 2. 1 Sec. 2. PHYSICAL PLANT AND EQUIPMENT LEVY REDUCTIONS OR 2 REFUNDS FOR VIOLATIONS OF INSTRUCTIONAL TIME REQUIREMENTS. 3 1. a. For the fiscal year beginning July 1, 2020, and 4 ending June 30, 2021, the amount of physical plant and 5 equipment property tax levied under section 298.2 shall be 6 reduced by one one-hundred-eightieth for each day of that 7 fiscal year for which the school district provided instruction 8 primarily through remote-learning opportunities without an 9 approved waiver from the department of education for such 10 method of instruction in accordance with the requirements of 11 2020 Iowa Acts, chapter 1107; section 279.10; the governor’s 12 proclamation of a public health disaster emergency issued July 13 17, 2020; and subsequent applicable proclamations of a public 14 health disaster emergency issued by the governor pursuant 15 to section 29C.6 and related to COVID-19. The department 16 of management shall certify the school district’s adjusted 17 property tax amount to the board of directors of the school 18 district and the appropriate county auditors. In lieu of 19 reductions in the amount levied under section 298.2, the school 20 district may elect to refund the proportionate amount of 21 reduced taxes to each property tax payer in the district. 22 b. If necessary to effectuate the reductions required under 23 paragraph “a”, the department of management shall adjust the 24 amount of property taxes levied by the school district under 25 section 298.2 for the fiscal year beginning July 1, 2021, and 26 ending June 30, 2022. 27 2. The department of management shall prorate a reduction 28 made pursuant to this section to account for an attendance 29 center in a school district that is approved to maintain a 30 year-round school calendar under section 279.10, subsection 2. 31 Sec. 3. SECURE AN ADVANCED VISION FOR EDUCATION FUND REVENUE 32 REDUCTION FOR VIOLATIONS OF INSTRUCTIONAL TIME REQUIREMENTS. 33 1. a. For the fiscal year beginning July 1, 2020, and 34 ending June 30, 2021, the amount of revenue received by 35 -2- LSB 1546YH (5) 89 md/jh 2/ 5
H.F. 165 a school district from the secure an advanced vision for 1 education fund under section 423F.2, subsection 3, paragraph 2 “a”, shall be reduced by one one-hundred-eightieth for each 3 day of that fiscal year for which the school district provided 4 instruction primarily through remote-learning opportunities 5 without an approved waiver from the department of education for 6 such method of instruction in accordance with the requirements 7 of 2020 Iowa Acts, chapter 1107; section 279.10; the governor’s 8 proclamation of a public health disaster emergency issued July 9 17, 2020; and subsequent applicable proclamations of a public 10 health disaster emergency issued by the governor pursuant to 11 section 29C.6 and related to COVID-19. 12 b. The amount of the reductions under paragraph “a” shall 13 be allocated and paid on a per pupil basis to those school 14 districts for which a reduction was not imposed under this 15 section. 16 c. If necessary to effectuate the reductions required under 17 paragraph “a”, the department of revenue shall adjust the 18 amount of revenue received by a school district from the secure 19 an advanced vision for education fund under section 423F.2, 20 subsection 3, paragraph “a”, for the fiscal year beginning July 21 1, 2021, and ending June 30, 2022, and allocate the reductions 22 according to paragraph “b” of this subsection. 23 2. The department of revenue shall prorate a reduction made 24 pursuant to this section to account for an attendance center 25 in a school district that is approved to maintain a year-round 26 school calendar under section 279.10, subsection 2. 27 Sec. 4. EFFECTIVE DATE. This Act, being deemed of immediate 28 importance, takes effect upon enactment. 29 Sec. 5. RETROACTIVE APPLICABILITY. This Act applies 30 retroactively to July 1, 2020, for the school year beginning 31 on that date. 32 EXPLANATION 33 The inclusion of this explanation does not constitute agreement with 34 the explanation’s substance by the members of the general assembly. 35 -3- LSB 1546YH (5) 89 md/jh 3/ 5
H.F. 165 This bill relates to violations of school instructional time 1 requirements for the school year beginning July 1, 2020, by 2 restricting the collection of or providing for the refund of 3 certain taxes. 4 The bill provides that for the fiscal year beginning 5 July 1, 2020, the amount of foundation property tax and the 6 amount of additional property tax shall each be reduced by 7 1/180th for each day of that fiscal year for which the school 8 district provided instruction primarily through remote-learning 9 opportunities without an approved waiver from the department 10 of education for such method of instruction in accordance with 11 the requirements of 2020 Iowa Acts, chapter 1107; Code section 12 279.10; and the proclamations of a public health disaster 13 emergency issued by the governor related to COVID-19. In 14 lieu of reductions required by the bill, the school district 15 may elect to refund the proportionate amount of reduced taxes 16 to each property-tax payer in the district. Additionally, 17 if necessary to effectuate the reductions required under the 18 bill, the department of management shall adjust the amount of 19 property taxes levied by the school district for the fiscal 20 year beginning July 1, 2021. The bill provides for prorated 21 reductions for schools approved to maintain a year-round school 22 calendar. 23 For the fiscal year beginning July 1, 2020, the bill provides 24 that the amount of physical plant and equipment property 25 tax levied shall be reduced by 1/180th for each day of that 26 fiscal year for which the school district provided instruction 27 primarily through remote-learning opportunities without an 28 approved waiver from the department of education for such 29 method of instruction in accordance with the requirements of 30 2020 Iowa Acts, chapter 1107; Code section 279.10; and the 31 proclamations of a public health disaster emergency issued 32 by the governor related to COVID-19. In lieu of reductions 33 in the amount levied, the school district may elect to 34 refund the proportionate amount of reduced taxes to each 35 -4- LSB 1546YH (5) 89 md/jh 4/ 5
H.F. 165 property-tax payer in the district. If necessary to effectuate 1 the reductions required under the bill, the department of 2 management shall adjust the amount of property taxes levied by 3 the school district for the fiscal year beginning July 1, 2021. 4 The bill provides for prorated reductions for schools approved 5 to maintain a year-round school calendar. 6 For the fiscal year beginning July 1, 2020, and ending June 7 30, 2021, the bill provides that the amount of revenue received 8 by a school district from the secure an advanced vision for 9 education (SAVE) fund shall be reduced by 1/180th for each day 10 of that fiscal year for which the school district provided 11 instruction primarily through remote-learning opportunities 12 without an approved waiver from the department of education for 13 such method of instruction in accordance with the requirements 14 of 2020 Iowa Acts, chapter 1107; Code section 279.10; and the 15 proclamations of a public health disaster emergency issued 16 by the governor related to COVID-19. The amount of the 17 reductions under the bill shall be allocated and paid on a per 18 pupil basis to those school districts for which a reduction 19 was not imposed. If necessary to effectuate the reductions, 20 the department of revenue shall adjust the amount of revenue 21 received by a school district from the SAVE fund for the fiscal 22 year beginning July 1, 2021, and allocate the reductions to 23 those school districts for which a reduction was not imposed. 24 The bill provides for prorated reductions for schools approved 25 to maintain a year-round school calendar. 26 The bill takes effect upon enactment and applies 27 retroactively to July 1, 2020, for the school year beginning 28 on that date. 29 -5- LSB 1546YH (5) 89 md/jh 5/ 5
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