Iowa General Assembly Daily Bills, Amendments & Study Bills March 17, 2009



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77 29 school year, those students who represent the difference

77 30 between the current and the 1988=1989 school year enrollment

77 31 figures shall be included in the basic enrollment of the

77 32 students' districts of residence and the districts shall

77 33 retain any moneys received as a result of the inclusion of the

77 34 student in the district enrollment. The total number of

77 35 students enrolled at a laboratory school during a school year
Senate File 449 - Introduced continued
78 1 shall not exceed six hundred seventy students. The regents

78 2 institution operating the laboratory school and the board of

78 3 directors of the school district in the community in which the

78 4 regents institution is located shall develop a student

78 5 transfer policy designed to protect and promote the quality

78 6 and integrity of the teacher education program at the

78 7 laboratory school, the viability of the education program of

78 8 the local school district in which the regents institution is

78 9 located, and to indicate the order in which and reasons why

78 10 requests to transfer to a laboratory school shall be

78 11 considered. A laboratory school may deny a request for

78 12 transfer under the policy. A denial of a request to transfer

78 13 under this paragraph is not subject to appeal under section

78 14 290.1.

78 15 16. 14. An application for open enrollment may be granted

78 16 at any time with approval of the resident and receiving

78 17 districts.

78 18 17. 15. The director of the department of education shall

78 19 recommend rules to the state board of education for the

78 20 orderly implementation of this section. The state board shall

78 21 adopt rules as needed for the implementation of this section.

78 22 Sec. 105. Section 282.26, Code 2009, is amended to read as

78 23 follows:

78 24 282.26 HIGH SCHOOL STUDENTS ATTENDING ADVANCED COURSES.

78 25 1. The board of any community college may, by mutual

78 26 agreement with any college or university, permit any specially

78 27 qualified high school student to attend advanced courses of

78 28 academic instruction at the college or university.

78 29 2. The state board of regents and the state board of

78 30 education may by rule permit such students to attend any

78 31 institution of higher learning under their jurisdiction.

78 32 Credit earned in any such course at a college or university

78 33 may be applied toward credit for high school graduation.

78 34 Public school funds shall not be expended for payment of

78 35 tuition or other costs for such attendance at a college or
Senate File 449 - Introduced continued
79 1 university, unless the payment is expressly permitted or

79 2 required by law.

79 3 3. The foregoing provisions Subsections 1 and 2 shall also

79 4 apply to colleges and universities in adjacent states when the

79 5 institutions are located nearer to the homes or schools of the

79 6 school district than the closest college or university within

79 7 the state.

79 8 Sec. 106. Section 294A.9, subsection 9, Code 2009, is

79 9 amended to read as follows:

79 10 9. Subsections 2, 3, 4, and 7, and this subsection are

79 11 repealed June 30, 2009.

79 12 Sec. 107. Section 294A.25, subsection 2, Code 2009, is

79 13 amended to read as follows:

79 14 2. For the fiscal year beginning July 1, 2009, and for

79 15 each succeeding fiscal year, there is appropriated from the

79 16 general fund of the state to the department of education an

79 17 amount not to exceed fifteen million six hundred thirty=three

79 18 thousand two hundred forty=five dollars. The moneys shall be

79 19 distributed as provided in this section.

79 20 Sec. 108. Section 297.10, Code 2009, is amended to read as

79 21 follows:

79 22 297.10 COMPENSATION.

79 23 Any compensation for such the use of a schoolhouse and


79 24 schoolhouse grounds shall be paid into the general fund and be

79 25 expended in the upkeep and repair of such school property, and

79 26 in purchasing supplies therefor for that school property.

79 27 Sec. 109. Section 298.3, Code 2009, is amended to read as

79 28 follows:

79 29 298.3 REVENUES FROM THE LEVIES.

79 30 1. The revenue from the regular and voter=approved

79 31 physical plant and equipment levies shall be placed in the

79 32 physical plant and equipment levy fund and expended only for

79 33 the following purposes:

79 34 1. a. The purchase and improvement of grounds. For the

79 35 purpose of this subsection paragraph:


Senate File 449 - Introduced continued

80 1 a. (1) "Purchase of grounds" includes the legal costs

80 2 relating to the property acquisition, costs of surveys of the

80 3 property, costs of relocation assistance under state and

80 4 federal law, and other costs incidental to the property

80 5 acquisition.

80 6 b. (2) "Improvement of grounds" includes grading,

80 7 landscaping, paving, seeding, and planting of shrubs and

80 8 trees; constructing sidewalks, roadways, retaining walls,

80 9 sewers and storm drains, and installing hydrants; surfacing

80 10 and soil treatment of athletic fields and tennis courts;

80 11 exterior lighting, including athletic fields and tennis

80 12 courts; furnishing and installing flagpoles, gateways, fences,

80 13 and underground storage tanks which are not parts of building

80 14 service systems; demolition work; and special assessments

80 15 against the school district for public improvements, as

80 16 defined in section 384.37.

80 17 2. b. The construction of schoolhouses or buildings and

80 18 opening roads to schoolhouses or buildings.

80 19 3. c. The purchase, lease, or lease=purchase of a single

80 20 unit of equipment or technology exceeding five hundred dollars

80 21 in value per unit.

80 22 4. d. The payment of debts contracted for the erection or

80 23 construction of schoolhouses or buildings, not including

80 24 interest on bonds.

80 25 5. e. Procuring or acquisition of library facilities.

80 26 6. f. Repairing, remodeling, reconstructing, improving,

80 27 or expanding the schoolhouses or buildings and additions to

80 28 existing schoolhouses. For the purpose of this paragraph:

80 29 (1) For the purpose of this subsection, "repairing"

80 30 "Repairing" means restoring an existing structure or thing to

80 31 its original condition, as near as may be, after decay, waste,

80 32 injury, or partial destruction, but does not include

80 33 maintenance; and "reconstructing".

80 34 (2) "Reconstructing" means rebuilding or restoring as an

80 35 entity a thing which was lost or destroyed.
Senate File 449 - Introduced continued
81 1 7. g. Expenditures for energy conservation, including

81 2 payments made pursuant to a guarantee furnished by a school

81 3 district entering into a financing agreement for energy

81 4 conservation measures management improvements, limited to

81 5 agreements pursuant to section 473.19, 473.20, or 473.20A.

81 6 8. h. The rental of facilities under chapter 28E.

81 7 9. i. Purchase of transportation equipment for

81 8 transporting students.

81 9 10. j. The purchase of buildings or lease=purchase option

81 10 agreements for school buildings.

81 11 11. k. Equipment purchases for recreational purposes.

81 12 12. l. Payments to a municipality or other entity as

81 13 required under section 403.19, subsection 2.

81 14 2. Interest earned on money in the physical plant and

81 15 equipment levy fund may be expended for a purpose listed in

81 16 this section.

81 17 3. Unencumbered funds collected prior to July 1, 1991,

81 18 from the levy previously authorized under section 297.5, Code

81 19 1991, may be expended for the purposes listed in this section.

81 20 4. Revenue from the regular and voter=approved physical

81 21 plant and equipment levies shall not be expended for school

81 22 district employee salaries or travel expenses, supplies,

81 23 printing costs or media services, or for any other purpose not

81 24 expressly authorized in this section.

81 25 Sec. 110. Section 298.18, Code 2009, is amended to read as

81 26 follows:

81 27 298.18 BOND TAX == ELECTION == LEASING BUILDINGS.

81 28 1. a. The board of each school corporation shall, when

81 29 estimating and certifying the amount of money required for

81 30 general purposes, estimate and certify to the board of

81 31 supervisors of the proper county for the debt service fund the

81 32 amount required to pay interest due or that may become due for

81 33 the fiscal year beginning July 1, thereafter upon lawful

81 34 bonded indebtedness, and in addition thereto such amount as

81 35 the board may deem necessary to apply on the principal.
Senate File 449 - Introduced continued
82 1 b. The amount estimated and certified to apply on

82 2 principal and interest for any one year shall not exceed two

82 3 dollars and seventy cents per thousand dollars of the assessed

82 4 valuation of the taxable property of the school corporation

82 5 except as hereinafter otherwise provided in this section.

82 6 c. For the sole purpose of computing the amount of bonds

82 7 which may be issued as a result of the application of any

82 8 limitation referred to in this section, all interest on the

82 9 bonds in excess of that accruing in the first twelve months

82 10 may be excluded from the first annual levy of taxes, so that

82 11 the need for including more than one year's interest in the

82 12 first annual levy of taxes to pay the bonds and interest shall

82 13 not operate to further restrict the amount of bonds which may

82 14 be issued, and in certifying the annual levies to the county

82 15 auditor or auditors such first annual levy of taxes shall be

82 16 sufficient to pay all principal of and interest on said bonds

82 17 becoming due prior to the next succeeding annual levy and the

82 18 full amount of such first annual levy shall be entered for

82 19 collection by said auditor or auditors, as provided in chapter

82 20 76.

82 21 d. The amount estimated and certified to apply on

82 22 principal and interest for any one year may exceed two dollars

82 23 and seventy cents per thousand dollars of assessed value by

82 24 the amount approved by the voters of the school corporation,

82 25 but not exceeding four dollars and five cents per thousand of

82 26 the assessed value of the taxable property within any school

82 27 corporation, provided that the registered voters of such

82 28 school corporation have first approved such increased amount

82 29 at an election held on a date specified in section 39.2,

82 30 subsection 4, paragraph "c".

82 31 2. The proposition submitted to the voters at such

82 32 election shall be in substantially the following form:

82 33 Shall the board of directors of the ..... (insert name of

82 34 school corporation) in the County of ......, State of Iowa, be

82 35 authorized to levy annually a tax exceeding two dollars and
Senate File 449 - Introduced continued
83 1 seventy cents per thousand dollars, but not exceeding ..

83 2 dollars and ... cents per thousand dollars of the assessed

83 3 value of the taxable property within said school corporation

83 4 to pay the principal of and interest on bonded indebtedness of

83 5 said school corporation, it being understood that the approval

83 6 of this proposition shall not limit the source of payment of

83 7 the bonds and interest but shall only operate to restrict the

83 8 amount of bonds which may be issued?

83 9 3. Notice of the election shall be given by the county

83 10 commissioner of elections according to section 49.53. The

83 11 county commissioner of elections shall conduct the election

83 12 pursuant to the provisions of chapters 39 through 53 and

83 13 certify the results to the board of directors. The

83 14 proposition shall not be deemed carried or adopted unless the

83 15 vote in favor of such proposition is equal to at least sixty

83 16 percent of the total vote cast for and against the proposition

83 17 at the election. Whenever such a proposition has been

83 18 approved by the voters of a school corporation as hereinbefore

83 19 provided, no further approval of the voters of such school

83 20 corporation shall be required as a result of any subsequent

83 21 change in the boundaries of such school corporation.

83 22 4. The voted tax levy referred to herein in this section

83 23 shall not limit the source of payment of bonds and interest

83 24 but shall only restrict the amount of bonds which may be

83 25 issued.

83 26 5. a. The ability of a school corporation to exceed two

83 27 dollars and seventy cents per thousand dollars of assessed

83 28 value to service principal and interest payments on bonded

83 29 indebtedness is limited and conferred only to those school

83 30 corporations engaged in the administration of elementary and

83 31 secondary education.

83 32 b. Provided further that if If a school corporation leases

83 33 a building or property, which has been used as a junior

83 34 college by such corporation, to a community college, the

83 35 annual amounts certified as herein provided by such leasing
Senate File 449 - Introduced continued
84 1 school corporation for payment of interest and principal due

84 2 on lawful bonded indebtedness incurred by such leasing school

84 3 corporation for purchasing, building, furnishing,

84 4 reconstructing, repairing, improving or remodeling the

84 5 building leased or acquiring or adding to the site of such

84 6 property leased, to the extent of the respective annual rent

84 7 the school corporation will receive under such lease, shall

84 8 not be considered as a part of the total amount estimated and

84 9 certified for the purposes of determining if such amount

84 10 exceeds any limitation contained in this section.

84 11 Sec. 111. Section 306C.10, Code 2009, is amended by adding

84 12 the following new subsection:

84 13 NEW SUBSECTION. 17A. "Specific information of interest to

84 14 the traveling public" means only information about public

84 15 places for camping, lodging, eating, and motor fuel and

84 16 associated services, including trade names which have

84 17 telephone facilities available when the public place is open

84 18 for business and businesses engaged in selling motor fuel

84 19 which have free air for tire inflation and restroom facilities

84 20 available when the public place is open for business.

84 21 Sec. 112. Section 306C.11, subsection 5, Code 2009, is

84 22 amended to read as follows:

84 23 5. a. Signs, displays, and devices giving specific

84 24 information of interest to the traveling public, shall be

84 25 erected by the department and maintained within the

84 26 right=of=way in the areas, and at appropriate distances from

84 27 interchanges on the interstate system and freeway primary

84 28 highways as shall conform with the rules adopted by the

84 29 department. The rules shall be consistent with national

84 30 standards promulgated from time to time or as permitted by the

84 31 appropriate authority of the federal government pursuant to 23

84 32 U.S.C. } 131(f) except as provided in this section. The rules

84 33 shall include but are not limited to the following:

84 34 a. (1) Criteria for eligibility for signing.

84 35 b. (2) Criteria for limiting or excluding businesses that

Senate File 449 - Introduced continued
85 1 maintain advertising devices that do not conform to the

85 2 requirements of chapter 306B, this division, or other statutes

85 3 or administrative rules regulating outdoor advertising.

85 4 c. (3) Provisions for a fee schedule to cover the direct

85 5 and indirect costs of sign erection and maintenance and

85 6 related administrative costs.

85 7 d. (4) Provisions for specifying the maximum distance to

85 8 eligible businesses.

85 9 e. (5) Provisions specifying the maximum number of signs

85 10 permitted per panel and per interchange.

85 11 f. (6) Provisions for determining what businesses are

85 12 signed when there are more applicants than the maximum number

85 13 of signs permitted.

85 14 g. (7) Provisions for removing signs when businesses

85 15 cease to meet minimum requirements for participation and

85 16 related costs.

85 17 For purposes of this division, "specific information of

85 18 interest to the traveling public" means only information about

85 19 public places for camping, lodging, eating, and motor fuel and


85 20 associated services, including trade names which have

85 21 telephone facilities available when the public place is open

85 22 for business and businesses engaged in selling motor fuel

85 23 which have free air for tire inflation and restroom facilities

85 24 available when the public place is open for business.

85 25 b. Business signs supplied to the department by commercial

85 26 vendors shall be on panels, with dimensional and material

85 27 specifications established by the department. A business sign

85 28 included under the provisions of this section shall not be

85 29 posted unless it is in compliance with these specifications.

85 30 The commercial vendor shall pay to the department a fee based

85 31 upon the schedule adopted under this subsection for each

85 32 business sign supplied for posting. Upon furnishing the

85 33 business signs to the department and payment of all fees, the

85 34 department shall post the business signs on eligible specific

85 35 information panels. Faded signs shall be replaced and the


Senate File 449 - Introduced continued

86 1 commercial vendor charged for the cost of replacement based

86 2 upon the fee schedule adopted. There is created in the office

86 3 of the treasurer of state a fund to be known as the "highway

86 4 beautification fund" and all funds received for the posting on

86 5 specific information panels shall be deposited in the "highway

86 6 beautification fund". Information on motor fuel and

86 7 associated services may include vehicle service and repair

86 8 where the same is available.

86 9 Sec. 113. Section 307.21, Code 2009, is amended to read as

86 10 follows:

86 11 307.21 ADMINISTRATIVE SERVICES.

86 12 1. The department's administrator of administrative

86 13 services shall:

86 14 1. a. Provide for the proper maintenance and protection

86 15 of the grounds, buildings, and equipment of the department, in

86 16 cooperation with the department of administrative services.

86 17 2. b. Establish, supervise, and maintain a system of

86 18 centralized electronic data processing for the department, in

86 19 cooperation with the department of administrative services.

86 20 3. c. Assist the director in preparing the departmental

86 21 budget.

86 22 4. a. d. Provide centralized purchasing services for the

86 23 department, in cooperation with the department of

86 24 administrative services. The administrator shall, when the

86 25 price is reasonably competitive and the quality as intended,

86 26 purchase soybean=based inks and plastic products with recycled

86 27 content, including but not limited to plastic garbage can

86 28 liners, and shall purchase these items in accordance with the

86 29 schedule established in section 8A.315. However, the

86 30 administrator need not purchase garbage can liners in

86 31 accordance with the schedule if the liners are utilized by a

86 32 facility approved by the environmental protection commission

86 33 created under section 455A.6, for purposes of recycling. For

86 34 purposes of this subsection section, "recycled content" means

86 35 that the content of the product contains a minimum of thirty

Senate File 449 - Introduced continued
87 1 percent postconsumer material.

87 2 e. Assist the director in employing the professional,



87 3 technical, clerical, and secretarial staff for the department

87 4 and maintain employee records, in cooperation with the

87 5 department of administrative services and provide personnel

87 6 services, including but not limited to training, safety

87 7 education, and employee counseling.

87 8 f. Assist the director in coordinating the



87 9 responsibilities and duties of the various divisions within

87 10 the department.

87 11 g. Carry out all other general administrative duties for



87 12 the department.

87 13 h. Perform such other duties and responsibilities as may



87 14 be assigned by the director.

87 15 b. 2. The When performing the duty of providing


87 16 centralized purchasing services under subsection 1, the

87 17 administrator shall do all of the following:




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