General Assembly: 83 (2009 Regular GA) - Chapter 65 - Disaster relief for school corporations — procedures


Published: 2009-04-17

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286LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSIONCH. 65

CH. 65CH. 65

CHAPTER 65 DISASTER RELIEF FOR SCHOOL CORPORATIONS

— PROCEDURES

S.F. 81

ANACT relating to assisting schools to recover from disaster by changing the approval meth- od for transfers of emergency fund moneys, by modifying certain funding provisions to relate to disaster recovery, and by allowing area education agency boards greater author- ity to purchase and lease-purchase property.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 24.6, Code 2009, is amended to read as follows: 24.6 EMERGENCY FUND — LEVY. 1. Amunicipality may include in the estimate required, an estimate for an emergency fund.

Amunicipalitymay assess and levy a tax for the emergency fund at a rate not to exceed twenty- seven cents per thousanddollars of assessed valueof taxable property of themunicipality, pro- vided that. However, an emergency tax levy shall not be made until the municipality has first petitioned the state board and received its approval. 2. a. Transfers of moneys may be made from the emergency fund to any other fund of the

municipality for thepurposeofmeetingdeficiencies in a fundarising fromany cause, provided that. However, a transfer shall not be made except upon the written approval of the state board, and then only when that approval is requested by a two-thirds vote of the governing body of the municipality. b. Notwithstanding the requirements of paragraph “a”, if themunicipality is a school corpo-

ration, the school corporationmay transfermoney from the emergency fund to any other fund of the school corporation for the purpose of meeting deficiencies in a fund arising within two years of a disaster as defined in section 29C.2, subsection 1. However, a transfer under this paragraph “b” shall not bemadewithout thewritten approval of the school budget reviewcom- mittee.

Sec. 2. Section 256.9, Code 2009, is amended by adding the following new subsection: NEWSUBSECTION. 61. Grant to public school districts and accredited nonpublic schools

waivers from statutory obligations with which the entities cannot reasonably comply within two years after a disaster as defined in section 29C.2, subsection 1.

Sec. 3. Section 256.9, Code 2009, is amended by adding the following new subsection: NEWSUBSECTION. 62. Report to the general assembly annually by January 1, beginning

January 1, 2010, about the necessity of waiving any statutory obligations for school districts, as authorized under section 256.7, due to a disaster as defined in section 29C.2, subsection 1. The department’s report shall specify each waiver and the determination for granting each waiver. The department shall provide the report to the speaker of the house and president of the senate and to the chairpersons of the appropriate standing committees of the general as- sembly.

Sec. 4. Section 257.31, subsection 7, paragraph a, Code 2009, is amended to read as fol- lows: a. The committeemay authorize a district to spend a reasonable and specified amount from

its unexpended cash balance for either of the following purposes: (1) Furnishing, equipping, and contributing to the construction of a new building or struc-

ture for which the voters of the district have approved a bond issue as provided by law or the tax levy provided in section 298.2.

287 LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSION CH. 65

(2) The costs associatedwith the demolition of an unused school building, or the conversion of an unused school building for community use, in a school district involved in a dissolution or reorganization under chapter 275, if the costs are incurredwithin three years of the dissolu- tion or reorganization. (3) The costs associated with the demolition or repair of a building or structure in a school

district if such costs are necessitated by, and incurredwithin two years of, a disaster as defined in section 29C.2, subsection 1.

Sec. 5. Section 273.2, subsection 2, Code 2009, is amended to read as follows: 2. An area education agency established under this chapter is a body politic as a school cor-

poration for the purpose of exercising powers granted under this chapter, and may sue and be sued. Anarea education agencymayhold property and execute purchase agreementswith- in two years of a disaster as defined in section 29C.2, subsection 1, and lease-purchase agree- ments pursuant to section 273.3, subsection 7, and if the lease lease-purchase agreement ex- ceeds ten years or the purchase price of the property to be acquired pursuant to a purchase or lease-purchase agreement exceeds twenty-five thousanddollars, the area educationagency shall conduct a public hearing on the proposed purchase or lease-purchase agreement and re- ceive approval from the area education agency board of directors and the director of the de- partment state board of education or its designee before entering into the agreement.

Sec. 6. Section 273.3, subsection 7, Code 2009, is amended to read as follows: 7. Be authorized to lease, purchase, or lease-purchase, subject to the approval of the direc-

tor of the department state board of education or its designee and to receive by gift and operate and maintain facilities and buildings necessary to provide authorized programs and services. However, a lease for less than ten years and with an annual cost of less than twenty-five thou- sand dollars does not require the approval of the director state board. If a lease requires ap- proval, the director The state board shall not approve the a lease, purchase, or lease-purchase until thedirector state board is satisfiedby investigation that public school corporationswithin the area donot have suitable facilities available. A purchase of property that is not a lease-pur- chase may bemade only within two years of a disaster as defined in section 29C.2, subsection 1, and subject to the requirements of this subsection.

Sec. 7. NEW SECTION. 273.14 EMERGENCY REPAIRS. When emergency repairs costing more than the competitive bid threshold in section 26.3,

or the adjusted competitive bid threshold established in section 314.1B, subsection 2, are nec- essary in order to ensure theuseof anarea educationagency facility, the provisions of lawwith reference to advertising for bids shall not applywithin two years of a disaster as defined in sec- tion 29C.2, subsection 1, and the area education agency boardmay contract for such emergen- cy repairs without advertising for bids. However, before such emergency repairs can bemade to an area education agency facility, the state board of education or its designee must certify that such emergency repairs arenecessary to ensure theuseof the area educationagency facil- ity.

Sec. 8. Section 297.8, Code 2009, is amended to read as follows: 297.8 EMERGENCY REPAIRS. When emergency repairs costing more than the competitive bid threshold in section 26.3,

or as established in section 314.1B, are necessary in order to prevent the closing ensure the continueduse of any school or school facility, the provisions of the lawwith reference to adver- tising for bids shall not apply, and in that event the board may contract for such emergency repairs without advertising for bids. However, before such emergency repairs can be made to any schoolhouse or school facility, it shall be necessary to procure a certificate from the area education agency administrator that such emergency repairs are necessary to prevent the closing ensure the continued use of the school or school facility.

288LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSIONCH. 65

Sec. 9. Section 298.3, Code 2009, is amended by adding the following new subsection: NEW SUBSECTION. 13. Demolition, clean up, and other costs if such costs are necessi-

tated by, and incurred within two years of, a disaster as defined in section 29C.2, subsec- tion 1.

Approved April 17, 2009

_________________________

CH. 66CH. 66

CHAPTER 66 ABBREVIATED ELECTRIC TRANSMISSION

FRANCHISE PROCESS

S.F. 279

ANACTproviding for the establishment of anabbreviated electric transmission franchisepro- cess, and providing an effective date.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 478.1, Code 2009, is amended by adding the following new subsection: NEWSUBSECTION. 5. Notwithstanding any other provision of this chapter, if an existing

transmission line, wire, or cable is operating at thirty-four and one-half kilovolts, it may be franchised, rebuilt, and upgraded to be capable of operation at sixty-nine kilovolts using an abbreviated franchise process if the upgraded line will meet required safety standards, will be on substantially the same right-of-way, and will have substantially the same effect on the un- derlying properties. The abbreviated franchise process shall not require published notice or a public informational meeting. The board may adopt rules defining relevant terms, setting forth the steps of the abbreviated process, and specifying the requirements for the petition and landowner notification. The petitioner shall providewritten notice concerning the anticipated construction to the last knownaddress of the owners of record of the propertywhere construc- tion will occur and to the parties residing on such property. The franchise may be granted if theboard finds theupgraded line isnecessary to serveapublic useand represents a reasonable relationship to an overall plan of transmitting electricity in the public interest. The franchise shall not become effective until the petitioner has paid, or agreed to pay, all costs and expenses of the franchise proceeding specified in section 478.4.

Sec. 2. EFFECTIVEDATE. This Act, being deemed of immediate importance, takes effect upon enactment.

Approved April 17, 2009