SB 126--
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SENATE BILL No. 126
By Committee on Education
1-28
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AN ACT concerning school district finance; affecting the determination of school facilities weighting; relating to the tax levy authorized to be made by certain districts for the purpose of paying costs attributable to operation of new school facilities; amending K.S.A. 72-6415 and K.S.A. 1996 Supp. 72-6441 and repealing the existing sections. Be it enacted by the Legislature of the State of Kansas: Section 1. On July 1, 1997, K.S.A. 72-6415 shall be and is hereby amended to read as follows: 72-6415. (a) The school facilities weighting of each district shall be determined in each school year in which such weighting may be assigned to enrollment of the district as follows: (1) Determine the number of pupils, included in enrollment of the district, who are attending a new school facility; (2) multiply the number of pupils determined under (1) by .25 .50. The product is the school facilities weighting of the district. (b) The provisions of this section shall take effect and be in force from and after July 1, 1992. Sec. 2. On July 1, 1997, K.S.A. 1996 Supp. 72-6441 shall be and is hereby amended to read as follows: 72-6441. (a) (1) The board of any district to which the provisions of this subsection apply may levy an ad valorem tax on the taxable tangible property of the district each year for a period of time not to exceed two years in an amount not to exceed the amount authorized by the state board of tax appeals under this subsection for the purpose of financing that portion of the costs attributable to com- mencing operation of one or more new school facilities which is not fi- nanced from any other source provided by law. The state board of tax appeals may authorize the district to make a levy which will produce an amount that is not greater than the difference between the amount of costs directly attributable to commencing operation of one or more new school facilities and the amount provided for such purpose under the school district finance and quality performance act, including any amount attributable to assignment of school facilities weighting to enrollment of the district for each school year in which the district is eligible for such weighting. If the district is not eligible, or will be ineligible, for school facilities weighting in any one or more years during the two-year period for which the district is authorized to levy a tax under this subsection, the state board of tax appeals may authorize the district to make a levy, in such year or years of ineligibility, which will produce an amount that is not greater than the actual amount of costs attributable to commencing operation of the facility or facilities. (2) The state board of tax appeals may adopt rules and regulations necessary to properly effectuate the provisions of this subsection, includ- ing rules relating to the evidence required in support of a district's claim that the costs attributable to commencing operation of one or more new school facilities are in excess of the amount provided for such purpose under the school district finance and quality performance act. (3) The provisions of this subsection apply to any district that (A) commenced operation of one or more new school facilities in the school year preceding the current school year or has commenced or will com- mence operation of one or more new school facilities in the current school year or any or all of the foregoing, and (B) is authorized to adopt and has adopted a local option budget in an amount equal to the state prescribed percentage of the amount of state financial aid determined for the district in the current school year, and (C) is experiencing extraordinary enroll- ment growth as determined by the state board of education. (b) The board of any district that has levied an ad valorem tax on the taxable tangible property of the district each year for a period of two years under authority of subsection (a) for the purpose of financing a portion of the costs attributable to commencing operation of one or more new school facilities may continue to levy such a tax for such purpose under authority of this subsection each year for an additional period of time not to exceed three years in an amount not to exceed the amount computed by the state board of education as provided in this subsection if the board of the district determines that the costs attributable to commencing op- eration of such new school facility or facilities are significantly greater than the costs attributable to the operation of other school facilities in the district. The tax authorized under this subsection may be levied at a rate which will produce an amount that is not greater than the amount computed by the state board of education as provided in this subsection. In computing such amount, the state board shall (1) determine the amount produced by the tax levied by the district under authority of subsection (a) in the second year for which such tax was levied and add to such amount the amount of general state aid directly attributable to school facilities weighting that was received by the district in the same year, and (2) compute 75% of the amount of the sum obtained under (1), which computed amount is the amount the district may levy in the first year of the three-year period for which the district may levy a tax under authority of this subsection, and (3) compute 50% of the amount of the sum obtained under (1), which computed amount is the amount the dis- trict may levy in the second year of the three-year period for which the district may levy a tax under authority of this subsection, and (4) compute 25% of the amount of the sum obtained under (1), which computed amount is the amount the district may levy in the third year of the three- year period for which the district may levy a tax under authority of this subsection. (c) The proceeds from the tax levied by a district under authority of this section shall be deposited in the supplemental general fund of the district, budgeted in the local option budget of the district as an addition to the amount of such budget adopted under authority of and in accor- dance with the provisions of K.S.A. 72-6433, and amendments thereto, and used exclusively to supplement amounts expended from the general fund of the district for payment of the costs attributable to commencing operation of new school facilities. New Sec. 3. (a) For the purposes of the school district finance and quality performance act, and notwithstanding any provision of the act to the contrary, the school facilities weighting of each district to which the provisions of this section apply shall be determined in the 1996-97 school year as follows: (1) Determine the number of pupils, included in enrollment of the district, who are attending a new school facility; (2) multiply the number of pupils determined under (1) by .33. The product is the school facilities weighting of the district. (b) For districts to which the provisions of this section apply, the school facilities weighting prescribed under subsection (a) is in lieu of the school facilities weighting prescribed under K.S.A. 72-6415, and amend- ments thereto. (c) For the purpose of assigning the school facilities weighting pre- scribed under subsection (a) to enrollment of the districts to which the provisions of this section apply, the term ``new school facility'' means any school facility which a district commenced operating in the 1995-96 school year or in the 1996-97 school year. (d) The provisions of this section apply to any district that (1) com- menced operation of one or more new school facilities in the 1992-93 school year or in any school year succeeding the 1992-93 school year up to and including the 1996-97 school year, and (2) is authorized to adopt and has adopted a local option budget in an amount equal to the state prescribed percentage of the amount of state financial aid determined for the district in the current school year, and (3) is experiencing extraordi- nary enrollment growth as determined by the state board of education, and (4) has been authorized to levy an ad valorem tax on the taxable tangible property of the district under K.S.A. 1996 Supp. 72-6441, which statutory section is repealed by this act, for the purpose of financing a portion of the costs attributable to commencing operation of one or more new school facilities. (e) The provisions of this section shall expire on June 30, 1997. Sec. 4. On July 1, 1997, K.S.A. 72-6415 and K.S.A. 1996 Supp. 72- 6441 shall be and are hereby repealed. Sec. 5. This act shall take effect and be in force from and after its publication in the Kansas register.