Bill Text: IA SF186 | 2017-2018 | 87th General Assembly | Introduced


Bill Title: A bill for an act relating to limitations on the timing of public school district bond elections and including effective date provisions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-02-08 - Subcommittee: Chapman, Danielson, and Feenstra. S.J. 243. [SF186 Detail]

Download: Iowa-2017-SF186-Introduced.html

Senate File 186 - Introduced




                                 SENATE FILE       
                                 BY  DANIELSON

                                      A BILL FOR

  1 An Act relating to limitations on the timing of public school
  2    district bond elections and including effective date
  3    provisions.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 75.1, subsection 2, Code 2017, is amended
  1  2 to read as follows:
  1  3    2.  a.  When a proposition to authorize an issuance of bonds
  1  4 by a political subdivision subject to this chapter that is not
  1  5 a school district has been submitted to the electors under
  1  6 this section and the proposal fails to gain approval by the
  1  7 required percentage of votes, such proposal, or any proposal
  1  8 which incorporates any portion of the defeated proposal, shall
  1  9 not be submitted to the electors for a period of six months
  1 10 from the date of such regular or special election and may only
  1 11 be submitted on a date specified in section 39.2, subsection 4,
  1 12 paragraph "a", "b", or "c", as applicable.
  1 13    b.  Except as provided in paragraph "c", when a proposition
  1 14 to authorize an issuance of bonds by a school district has
  1 15 been submitted to the electors under this section, another
  1 16 proposition to issue bonds by the school district submitted to
  1 17 the electors on or after the effective date of this Act shall
  1 18 not be submitted to the electors for a period of six months
  1 19 from the date of such regular or special election and may only
  1 20 be submitted on a date specified in section 39.2, subsection
  1 21 4, paragraph "c".
  1 22    c.  When a proposition to authorize an issuance of bonds by
  1 23 a school district has been submitted to the electors under this
  1 24 section and the proposal fails to gain approval by the required
  1 25 percentage of votes, such proposal, or any proposal which
  1 26 incorporates any portion of the defeated proposal, submitted to
  1 27 the electors on or after the effective date of this Act shall
  1 28 not be submitted to the electors for a period of time specified
  1 29 in this paragraph "c" from the date of such regular or special
  1 30 election and may only be submitted on a date specified in
  1 31 section 39.2, subsection 4, paragraph "c". The period of time
  1 32 for which a proposition to authorize an issuance of bonds may
  1 33 not be submitted to the electors under this paragraph "c" shall
  1 34 be as follows:
  1 35    (1)  If such a proposition has failed at one immediately
  2  1 preceding election at which such a proposition appeared on the
  2  2 ballot, six months.
  2  3    (2)  If such a proposition has failed at the two immediately
  2  4 preceding elections at which such a proposition appeared on the
  2  5 ballot, one year.
  2  6    (3)  If such a proposition has failed at the three or more
  2  7 immediately preceding elections at which such a proposition
  2  8 appeared on the ballot, the number of years equal to the number
  2  9 of immediately preceding elections at which the proposition was
  2 10 defeated.
  2 11    Sec. 2.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of
  2 12 immediate importance, takes effect upon enactment.
  2 13                           EXPLANATION
  2 14 The inclusion of this explanation does not constitute agreement with
  2 15 the explanation's substance by the members of the general assembly.
  2 16    This bill makes changes relating to election requirements
  2 17 and limitations for the issuance of certain bonds by school
  2 18 districts.
  2 19    Current law provides that when a bond proposition is
  2 20 submitted to voters and fails to gain approval, the entity
  2 21 submitting the proposal is prohibited from resubmitting the
  2 22 proposal to voters, in any form, for a period of six months.
  2 23    Under the bill, if a school district submits a proposal
  2 24 to issue bonds to the voters, the school district is then
  2 25 prohibited from submitting another bond proposal to voters for
  2 26 a period of six months.  Additionally, if a school district
  2 27 submits a proposal which fails to gain approval of the voters,
  2 28 the school district is then prohibited from resubmitting the
  2 29 proposal or any proposal which incorporates any portion of the
  2 30 defeated proposal to voters for a period of time specified in
  2 31 the bill. The period of time for which such a proposition may
  2 32 not be submitted to the electors  shall be as follows: (1) if
  2 33 such a proposition has failed at one immediately preceding
  2 34 election at which such a proposition appeared on the ballot,
  2 35 six months; (2) if such a proposition has failed at the two
  3  1 immediately preceding elections at which such a proposition
  3  2 appeared on the ballot, one year; (3) if such a proposition has
  3  3 failed at the three or more immediately preceding elections at
  3  4 which such a proposition appeared on the ballot, the number of
  3  5 years equal to the number of immediately preceding elections at
  3  6 which the proposition was defeated.
  3  7    Code section 75.1 applies to school corporations, which
  3  8 by operation of Code section 260C.16, includes merged areas
  3  9 (community colleges). The bill does not apply to merged areas.
  3 10    The bill takes effect upon enactment.
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