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House
File
2192
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Introduced
HOUSE
FILE
2192
BY
DIEKEN
and
FETT
A
BILL
FOR
An
Act
relating
to
bond
election
requirements
and
limitations
1
applicable
to
school
districts.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5527YH
(4)
91
mb/md
H.F.
2192
Section
1.
Section
75.1,
subsection
1,
Code
2026,
is
amended
1
to
read
as
follows:
2
1.
a.
When
a
proposition
to
authorize
an
issuance
of
3
bonds
by
a
county,
township,
school
corporation
that
is
not
a
4
school
district
,
city,
or
by
any
local
board
or
commission,
is
5
submitted
to
the
electors,
such
proposition
shall
not
be
deemed
6
carried
or
adopted,
anything
in
the
statutes
to
the
contrary
7
notwithstanding,
unless
the
vote
in
favor
of
such
authorization
8
is
equal
to
at
least
sixty
percent
of
the
total
vote
cast
for
9
and
against
said
proposition
at
said
election.
All
elections
10
on
such
proposition
shall
be
held
on
the
date
specified
in
11
section
39.2,
subsection
4
,
paragraph
“d”
.
12
b.
When
a
proposition
to
authorize
an
issuance
of
bonds
by
a
13
school
district
is
submitted
to
the
electors,
such
proposition
14
shall
not
be
deemed
carried
or
adopted,
anything
in
the
15
statutes
to
the
contrary
notwithstanding,
unless
the
vote
in
16
favor
of
such
authorization
is
equal
to
at
least
eighty
percent
17
of
the
total
vote
cast
for
and
against
said
proposition
at
said
18
election.
All
elections
on
such
proposition
shall
be
held
on
19
the
date
specified
in
section
39.2,
subsection
4,
paragraph
20
“d”
.
When
a
proposition
to
authorize
an
issuance
of
bonds
by
21
a
school
district
has
been
submitted
to
the
electors
under
22
this
subsection
and
the
proposal
fails
to
gain
approval
by
the
23
required
percentage
of
votes,
another
proposal
submitted
to
24
the
electors
under
this
subsection
on
or
after
July
1,
2026,
25
shall
not
be
submitted
to
the
electors
for
a
period
of
four
26
years
from
the
date
of
such
failed
regular
or
special
election
27
and
may
only
be
submitted
on
a
date
specified
in
section
39.2,
28
subsection
4,
paragraph
“d”
.
29
Sec.
2.
Section
296.3,
Code
2026,
is
amended
to
read
as
30
follows:
31
296.3
Election
called.
32
1.
Within
ten
days
of
receipt
of
a
petition
filed
under
33
section
296.2
,
the
president
of
the
board
of
directors
shall
34
call
a
meeting
of
the
board.
The
meeting
shall
be
held
within
35
-1-
LSB
5527YH
(4)
91
mb/md
1/
3
H.F.
2192
thirty
days
after
the
petition
was
received.
At
the
meeting,
1
the
board
shall
call
the
election,
fixing
the
time
of
the
2
election
as
required
by
section
39.2,
subsection
4
,
paragraph
3
“d”
.
However,
if
the
board
determines
by
unanimous
vote
that
4
the
proposition
or
propositions
requested
by
a
petition
to
be
5
submitted
at
an
election
are
grossly
unrealistic
or
contrary
6
to
the
needs
of
the
school
district,
no
election
shall
be
7
called.
If
more
than
one
petition
has
been
received
by
the
8
time
the
board
meets
to
consider
the
petition
triggering
the
9
meeting,
the
board
shall
act
upon
the
petitions
in
the
order
10
they
were
received
at
the
meeting
called
to
consider
the
11
initial
petition.
The
decision
of
the
board
may
be
appealed
to
12
the
state
board
of
education
as
provided
in
chapter
290
.
The
13
president
shall
notify
the
county
commissioner
of
elections
of
14
the
time
of
the
election.
15
2.
Before
calling
an
election
under
this
section,
the
board
16
of
directors
of
a
school
district
shall
designate
and
deposit
17
in
one
or
more
funds
of
the
school
district
an
amount
equal
to
18
or
greater
than
fifty
percent
of
the
total
cost
of
the
project
19
or
purpose
for
which
the
bonds
are
proposed
to
be
issued.
The
20
amount
so
deposited
and
designated
shall
be
used
solely
for
21
the
project
or
purpose
unless
the
proposition
of
issuing
the
22
bonds
fails
at
election
or
the
proposal
to
issue
the
bonds
is
23
abandoned
by
the
board
of
directors.
24
Sec.
3.
Section
296.6,
Code
2026,
is
amended
to
read
as
25
follows:
26
296.6
Bonds.
27
If
the
vote
in
favor
of
the
issuance
of
such
bonds
is
equal
28
to
at
least
sixty
percent
of
the
total
vote
cast
for
and
29
against
said
proposition
at
said
election
meets
the
applicable
30
vote
requirement
under
section
75.1
,
the
board
of
directors
31
shall
issue
the
same
and
make
provision
for
payment
thereof.
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
-2-
LSB
5527YH
(4)
91
mb/md
2/
3
H.F.
2192
This
bill
makes
changes
relating
to
election
requirements
1
and
limitations
for
the
issuance
of
bonds
by
a
school
district.
2
The
bill
requires
that
a
proposition
to
authorize
the
3
issuance
of
bonds
by
a
school
district
receive
the
affirmative
4
vote
of
at
least
80
percent
of
the
total
votes
cast
for
and
5
against
the
proposition
at
the
election.
The
bill
retains
6
the
existing
requirement
that
propositions
to
authorize
the
7
issuance
of
bonds
by
a
county,
city,
school
corporation
that
8
is
not
a
school
district,
township,
or
other
local
board
or
9
commission
receive
the
affirmative
vote
of
at
least
60
percent
10
of
the
total
votes
cast
for
and
against
the
proposition.
11
Under
the
bill,
if
a
school
district
submits
a
bond
12
proposition
under
Code
section
75.1
that
fails
to
gain
approval
13
of
the
voters,
the
school
district
is
then
prohibited
from
14
submitting
another
bond
proposal
to
voters
for
a
period
of
four
15
years.
16
As
a
condition
of
and
prior
to
calling
an
election
for
the
17
issuance
of
bonds
under
Code
chapter
296,
the
bill
requires
the
18
school
district
to
designate
and
deposit
in
one
or
more
funds
19
of
the
school
district
an
amount
equal
to
or
greater
than
50
20
percent
of
the
total
cost
of
the
project
or
purpose
for
which
21
the
bonds
are
proposed
to
be
issued.
The
amount
so
deposited
22
and
designated
shall
be
used
solely
for
the
project
or
purpose
23
unless
the
proposition
of
issuing
the
bonds
fails
at
election
24
or
the
proposal
to
issue
bonds
is
abandoned
by
the
school
25
board.
26
The
bill
makes
a
corresponding
change
in
Code
section
296.6.
27
-3-
LSB
5527YH
(4)
91
mb/md
3/
3