Text: S05309                            Text: S05311
Text: S05300 - S05399                   Text: S Index
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Senate Amendment 5310

Amendment Text

PAG LIN
  1  1    Amend House File 2495, as amended, passed, and
  1  2 reprinted by the House, as follows:
  1  3    #1.  Page 1, by inserting after line 7 the
  1  4 following:
  1  5    "Sec. 100.  Section 39.3, Code 1997, is amended by
  1  6 adding the following new subsection:
  1  7    NEW SUBSECTION.  10A.  "Referendum" means an
  1  8 election called pursuant to section 39.5, by
  1  9 resolution of the governing body of a city or county
  1 10 to approve or disapprove the adoption, repeal, or
  1 11 amendment of an ordinance.
  1 12    Sec. 101.  Section 39.5, Code Supplement 1997, is
  1 13 amended by striking the section and inserting in lieu
  1 14 thereof the following:
  1 15    39.5  LOCAL ELECTIONS, REFERENDA, AND INITIATIVES
  1 16 PROHIBITED.
  1 17    1.  Local elections, referenda, and initiatives are
  1 18 prohibited except for the following:
  1 19    a.  For those offices which are specifically
  1 20 authorized or required by state law to be filled by
  1 21 the voters at an election.
  1 22    b.  For those public measures which are
  1 23 specifically authorized or required by state law to be
  1 24 put before the voters as a public measure.
  1 25    c.  For referenda which may be called by resolution
  1 26 of the board of supervisors or city council for
  1 27 approval or disapproval of the adoption of a proposed
  1 28 ordinance, or the repeal or amendment of an existing
  1 29 ordinance by the board of supervisors or city council.
  1 30    The referral resolution must be adopted at the
  1 31 meeting in which the ordinance is finally passed.  The
  1 32 resolution shall indicate whether the results of the
  1 33 referendum are to be binding or nonbinding on the
  1 34 governing body submitting the ordinance, repeal, or
  1 35 amendment to referendum.  Notice of the adoption of
  1 36 the resolution shall be published with the summary of
  1 37 the ordinance, repeal, or amendment as provided in
  1 38 section 331.302, subsection 8, or section 380.7,
  1 39 subsection 3, whichever is applicable.
  1 40    2.  The provisions of chapters 39 through 53 shall
  1 41 apply to the conduct of elections held pursuant to
  1 42 this section."
  1 43    #2.  Page 7, by inserting before line 3 the
  1 44 following:
  1 45    "Sec. 102.  Section 331.238, Code 1997, is amended
  1 46 by adding the following new subsection:
  1 47    NEW SUBSECTION.  4.  An alternative form of county
  1 48 government shall not provide for the power of
  1 49 initiative and referendum to be extended to its
  1 50 citizens, except as provided in section 39.5."
  2  1    #3.  Page 9, by inserting after line 1 the
  2  2 following:
  2  3    "Sec. 103.  Section 372.10, Code 1997, is amended
  2  4 by adding the following new unnumbered paragraph:
  2  5    NEW UNNUMBERED PARAGRAPH.  A home rule charter
  2  6 shall not provide for the power of initiative and
  2  7 referendum to be extended to its citizens except as
  2  8 provided in section 39.5."
  2  9    #4.  Page 9, by striking lines 2 through 5 and
  2 10 inserting the following:
  2 11    "Sec. ___.  EFFECTIVE DATE.  This section and
  2 12 sections 100, 101, 102, and 103 of this Act, being
  2 13 deemed of immediate importance, take effect upon
  2 14 enactment."
  2 15    #5.  Title page, line 1, by inserting after the
  2 16 word "state" the following:  "and providing an
  2 17 effective date".
  2 18    #6.  By renumbering as necessary.  
  2 19 
  2 20 
  2 21                               
  2 22 ROD HALVORSON 
  2 23 HF 2495.304 77
  2 24 sc/cf/28
     

Text: S05309                            Text: S05311
Text: S05300 - S05399                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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