House File 5 - Introduced HOUSE FILE 5 BY GASKILL A BILL FOR An Act requiring the county commissioner of elections to 1 provide notice following receipt of a motion adopted by a 2 local government requesting a ballot proposition concerning 3 the imposition of the local sales and services tax. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1083HH (2) 85 md/sc

H.F. 5 Section 1. Section 423B.1, subsection 4, paragraph b, Code 1 2013, is amended to read as follows: 2 b. The question of the imposition of a local sales and 3 services tax shall be submitted to the registered voters 4 of the incorporated and unincorporated areas of the county 5 upon receipt by the county commissioner of elections of the 6 motion or motions, requesting such submission, adopted by the 7 governing body or bodies of the city or cities located within 8 the county or of the county , for the unincorporated areas of 9 the county, representing at least one half of the population of 10 the county. Upon adoption of such motion, the governing body 11 of the city or of the county , for the unincorporated areas , 12 shall submit the motion to the county commissioner of elections 13 and in the case of the governing body of the city shall notify 14 the board of supervisors of the adoption of the motion . 15 Within fifteen days of receiving such a motion submitted by 16 a city located within the county or by the county for the 17 unincorporated areas of the county, the county commissioner 18 of elections shall send written notice to all other cities 19 located in whole or in part within the county and to the board 20 of supervisors if the motion is submitted by a city. The 21 notice shall name the city that submitted the motion or the 22 county that submitted the motion for the unincorporated areas 23 of the county, the date the motion was adopted by the governing 24 body of the city or county, the population of the city or 25 unincorporated areas represented by the governing body that 26 submitted the motion, the names of all other jurisdictions from 27 which the commissioner of elections holds valid motions, the 28 populations of such other jurisdictions, the total population 29 of the county, and a description of the approval procedures 30 and population requirements for submission of the question to 31 the registered voters of the county. The county commissioner 32 of elections shall keep a file on all the motions received 33 and, upon reaching the population requirements, shall publish 34 notice of the ballot proposition concerning the imposition of 35 -1- LSB 1083HH (2) 85 md/sc 1/ 3

H.F. 5 the local sales and services tax. A motion ceases to be valid 1 at the time of the holding of the regular election for the 2 election of members of the governing body which adopted the 3 motion. The county commissioner of elections shall eliminate 4 from the file any motion that ceases to be valid. The manner 5 provided under this paragraph for the submission of the 6 question of imposition of a local sales and services tax is an 7 alternative to the manner provided in paragraph “a” . 8 EXPLANATION 9 Code section 423B.1 governs the procedures for approval 10 and imposition of a local option sales and services tax. The 11 question of the imposition of a local sales and services tax is 12 to be submitted to the registered voters of the incorporated 13 and unincorporated areas of the county upon receipt by the 14 county commissioner of elections of the motion or motions, 15 requesting such submission, adopted by the governing body or 16 bodies of the city or cities located within the county or 17 of the county for the unincorporated areas of the county, 18 representing at least one-half of the population of the county. 19 When a motion is adopted by the governing body of the 20 city or by the board of supervisors of the county for the 21 unincorporated areas, that governing body must submit the 22 motion to the county commissioner of elections. This bill 23 requires that within 15 days of receiving such a motion, the 24 county commissioner of elections must send written notice to 25 all other cities located in whole or in part within the county 26 and to the board of supervisors if the motion is submitted by 27 a city. The bill requires the notice to name the city that 28 submitted the motion or the county that submitted the motion 29 for the unincorporated areas of the county, the date the motion 30 was adopted by the city council or the board of supervisors, 31 as applicable, the population of the jurisdiction or area that 32 submitted the motion, the names of all other jurisdictions from 33 which the commissioner of elections holds valid motions, the 34 populations of such other jurisdictions, the population of 35 -2- LSB 1083HH (2) 85 md/sc 2/ 3

H.F. 5 the county, and a description of the approval procedures and 1 population requirements for submission of the question to the 2 registered voters of the county. 3 -3- LSB 1083HH (2) 85 md/sc 3/ 3