Text: HF00645 Text: HF00647 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 28E.17, subsection 3, paragraph a, Code 1 2 1999, is amended to read as follows: 1 3 a. The council shall give notice and conduct a hearing on 1 4 the proposal in the manner set forth in section 384.25. 1 5 However, the notice must be published at least ten days prior 1 6 to the hearing, and if a petition valid under section 362.4 is 1 7 filed with the clerk of the city prior to the hearing, asking 1 8 that the question of issuing the bonds be submitted to the 1 9 registered voters of the city, the council shall either by 1 10 resolution declare the proposal abandoned or shall direct the 1 11 county commissioner of elections tocall a special election to1 12vote uponsubmit the question of issuing the bonds at the next 1 13 following regular city election or at the next general 1 14 election. Notice of theelection and its conductballot 1 15 measure shall be in the manner provided in section 384.26. 1 16 Sec. 2. Section 28E.22, unnumbered paragraph 1, Code 1999, 1 17 is amended to read as follows: 1 18 The board of supervisors, or the city councils of a 1 19 district composed only of cities, may, and upon receipt of a 1 20 petition signed by five percent of the registered voters 1 21 residing in the district shall, submit a proposition to the 1 22 electorate residing in the districtat any general election or1 23at a special election held throughout the district. In 1 24 districts composed only of cities, the proposition may be 1 25 placed on the ballot of the next following regular city 1 26 election or the next general election. In all other 1 27 districts, the proposition must be placed on the general 1 28 election ballot. The proposition shall provide for the 1 29 establishment of a public safety fund and the levy of a tax on 1 30 taxable property located in the district at rates not 1 31 exceeding the rates specified in this section for the purpose 1 32 of providing additional moneys for the operation of the 1 33 district. 1 34 Sec. 3. Section 28E.39, unnumbered paragraph 1, Code 1999, 1 35 is amended to read as follows: 2 1 An agreement establishing a community cluster shall require 2 2 the approval of the registered voters residing within the area 2 3 of the cluster if the agreement provides for the sharing of 2 4 revenues from ad valorem property taxes. The proposition 2 5 shall be submitted to the electorate by each governmental unit 2 6 forming the community cluster to the electors residing within 2 7 the area of the governmental unit atathe general election or 2 8at a special electionthe regular city election if the 2 9 community cluster includes only cities. However, if a county 2 10 has designated only certain townships as being included within 2 11 the community cluster, the proposition shall be submitted to 2 12 the electorate of the county residing only in the townships 2 13 included in the community cluster. 2 14 Sec. 4. Section 37.3, unnumbered paragraph 1, Code 1999, 2 15 is amended to read as follows: 2 16 Upon the filing of the requisite petition, the city council 2 17 shall cause the proposition to be submitted atathe regular 2 18 city election, or ata specialthe general electionto be2 19called if requested in the petition, in substantially the 2 20 following form: 2 21 Sec. 5. NEW SECTION. 39.26 CITY AND COUNTY SPECIAL 2 22 ELECTIONS PROHIBITED. 2 23 A proposition authorizing the issuance of bonds or other 2 24 indebtedness, or the imposition of, or increase in, a voter- 2 25 approved property tax levy or local option sales tax by a city 2 26 or county may only be placed on the ballot at the regular city 2 27 election or general election, if a city, and on the ballot at 2 28 the general election, if a county. 2 29 Sec. 6. Section 75.1, unnumbered paragraph 3, Code 1999, 2 30 is amended to read as follows: 2 31 When a proposition to authorize an issuance of bonds has 2 32 been submitted to the electors under this section and the 2 33 proposal fails to gain approval by the required percentage of 2 34 votes, such proposal, or any proposal which incorporates any 2 35 portion of the defeated proposal, shall not be submitted to 3 1 the electors for a period of six months from the date ofsuch3 2regular or specialthe election. 3 3 Sec. 7. Section 257.18, subsection 1, Code 1999, is 3 4 amended to read as follows: 3 5 1. An instructional support program that provides 3 6 additional funding for school districts is established. A 3 7 board of directors that wishes to consider participating in 3 8 the instructional support program shall hold a public hearing 3 9 on the question of participation. The board shall set forth 3 10 its proposal, including the method that will be used to fund 3 11 the program, in a resolution and shall publish the notice of 3 12 the time and place of a public hearing on the resolution. 3 13 Notice of the time and place of the public hearing shall be 3 14 published not less than ten nor more than twenty days before 3 15 the public hearing in a newspaper which is a newspaper of 3 16 general circulation in the school district. At the hearing, 3 17 or no later than thirty days after the date of the hearing, 3 18 the board shall take action to adopt a resolution to 3 19 participate in the instructional support program for a period 3 20 not exceeding five years or to direct the county commissioner 3 21 of elections to submit the question of participation in the 3 22 program for a period not exceeding ten years to the registered 3 23 voters of the school district at the next regularschoolcity 3 24 election or ata specialthe next general election. If the 3 25 board submits the question at an election and a majority of 3 26 those voting on the question favors participation in the 3 27 program, the board shall adopt a resolution to participate 3 28 beginning in the fiscal year following the year of the 3 29 election and shall certify the results of the election to the 3 30 department of management. 3 31 Sec. 8. Section 257.18, subsection 2, unnumbered paragraph 3 32 1, Code 1999, is amended to read as follows: 3 33 If the board does not provide for an election and adopts a 3 34 resolution to participate in the instructional support 3 35 program, the district shall participate in the instructional 4 1 support program unless within twenty-eight days following the 4 2 action of the board, the secretary of the board receives a 4 3 petition containing the required number of signatures, asking 4 4 that an election be called to approve or disapprove the action 4 5 of the board in adopting the instructional support program. 4 6 The petition must be signed by eligible electors equal in 4 7 number to not less than one hundred or thirty percent of the 4 8 number of voters at the last preceding regular school 4 9 election, whichever is greater. The board shall either 4 10 rescind its action or direct the county commissioner of 4 11 elections to submit the question to the registered voters of 4 12 the school district at the next following regularschoolcity 4 13 election ora specialthe next general election. If a 4 14 majority of those voting on the question at the election 4 15 favors disapproval of the action of the board, the district 4 16 shall not participate in the instructional support program. 4 17 If a majority of those voting on the question favors approval 4 18 of the action, the board shall certify the results of the 4 19 election to the department of management and the district 4 20 shall participate in the program. 4 21 Sec. 9. Section 257.29, unnumbered paragraph 1, Code 1999, 4 22 is amended to read as follows: 4 23 An educational improvement program is established to 4 24 provide additional funding for school districts in which the 4 25 regular program district cost per pupil for a budget year is 4 26 one hundred ten percent of the regular program state cost per 4 27 pupil for the budget year and which have approved the use of 4 28 the instructional support program established in section 4 29 257.18. A board of directors that wishes to consider 4 30 participating in the educational improvement program shall 4 31 hold a hearing on the question of participation and the 4 32 maximum percent of the regular program district cost of the 4 33 district that will be used. The hearing shall be held in the 4 34 manner provided in section 257.18 for the instructional 4 35 support program. Following the hearing, the board may direct 5 1 the county commissioner of elections to submit the question to 5 2 the registered voters of the school district at the next 5 3 following regularschoolcity election ora specialthe next 5 4 general electionheld not later than the following February 1. 5 5 If a majority of those voting on the question favors 5 6 participation in the program, the board shall adopt a 5 7 resolution to participate and shall certify the results of the 5 8 election to the department of management and the district 5 9 shall participate in the program beginning in the fiscal year 5 10 following the year of the election. If a majority of those 5 11 voting on the question does not favor participation, the 5 12 district shall not participate in the program. 5 13 Sec. 10. Section 260C.28, subsection 3, Code 1999, is 5 14 amended to read as follows: 5 15 3. If the board of directors wishes to certify for a levy 5 16 under subsection 2, the board shall direct the county 5 17 commissioner of elections tocall an election tosubmit the 5 18 question of such authorization for the board atathe next 5 19 following regular city election orspecial electionthe next 5 20 general election. If a majority of those voting on the 5 21 question at the election favors authorization of the board to 5 22 make such a levy, the board may certify for a levy as provided 5 23 under subsection 2 during each of the ten years following the 5 24 election. If a majority of those voting on the question at 5 25 the election does not favor authorization of the board to make 5 26 a levy under subsection 2, the board shall not submit the 5 27 question to the voters again until three hundred fifty-five 5 28 days have elapsed from the election. 5 29 Sec. 11. Section 277.2, Code 1999, is amended to read as 5 30 follows: 5 31 277.2 SPECIAL ELECTION. 5 32 The board of directors in a school corporation may call a 5 33 special election at which the voters shall have the powers 5 34 exercised at the regular election with reference to the sale 5 35 of school property and the application to be made of the 6 1 proceeds, the authorization of seven members on the board of 6 2 directors, and the authorization to establish or change the 6 3 boundaries of director districts, and the authorization of a6 4voter-approved physical plant and equipment levy or6 5indebtedness, as provided by law. 6 6 A proposition authorizing the issuance of bonds or other 6 7 indebtedness, or the imposition of, or increase in, a voter- 6 8 approved property tax levy, local option sales tax, or local 6 9 income surtax, by a school corporation may only be placed on 6 10 the ballot at the regular city election or the general 6 11 election. 6 12 Sec. 12. Section 279.39, Code 1999, is amended to read as 6 13 follows: 6 14 279.39 SCHOOL BUILDINGS. 6 15 The board of any school corporation shall establish 6 16 attendance centers and provide suitable buildings for each 6 17 school in the district and may at the regular or a special 6 18 meetingcall a special electiondirect the county commissioner 6 19 of elections to submit to the registered voters of the 6 20 district the question of voting a tax or authorizing the board 6 21 to issue bonds, or both, at the next following regular city 6 22 election or at the next general election. 6 23 Sec. 13. Section 279.53, subsection 2, Code 1999, is 6 24 amended to read as follows: 6 25 2. The board shall determine the additional enrichment 6 26 amount needed for an asbestos project, within the limits of 6 27 this section, and shall direct the county commissioner of 6 28 elections to submit the question of whether to raise that 6 29 amount under this section and section 279.54 for a period not 6 30 exceeding five years, to the registered voters of the school 6 31 district atathe regularschoolcity election or the general 6 32 election held duringSeptemberNovember of the base yearor at6 33a special election held not later than February 15 of the base6 34year or February 15, 1995, whichever is earlier. Only one 6 35 election on the question shall be held during a twelve-month 7 1 period. If a majority of those voting on the question favors 7 2 raising the additional enrichment amount for an asbestos 7 3 project, the board may include the approved amount in its 7 4 certified budget. 7 5 Sec. 14. Section 298.9, Code 1999, is amended to read as 7 6 follows: 7 7 298.9 SPECIAL LEVIES. 7 8 If the voter-approved physical plant and equipment levy, 7 9 consisting solely of a physical plant and equipment property 7 10 tax levy, is voted ata specialthe regular city election or 7 11 at the general election and certified to the board of 7 12 supervisors after the regular levy is made, the board shall at 7 13 its next regular meeting levy the tax and cause it to be 7 14 entered upon the tax list to be collected as other school 7 15 taxes. If the certification is filed prior to May 1, the 7 16 annual levy shall begin with the tax levy of the year of 7 17 filing. If the certification is filed after May 1 in a year, 7 18 the levy shall begin with the levy of the fiscal year 7 19 succeeding the year of the filing of the certification. 7 20 Sec. 15. Section 298.18, unnumbered paragraphs 4 and 6, 7 21 Code 1999, are amended to read as follows: 7 22 The amount estimated and certified to apply on principal 7 23 and interest for any one year may exceed two dollars and 7 24 seventy cents per thousand dollars of assessed value by the 7 25 amount approved by the voters of the school corporation, but 7 26 not exceeding four dollars and five cents per thousand of the 7 27 assessed value of the taxable property within any school 7 28 corporation, provided that thequalifiedregistered voters of 7 29suchthe school corporation have first approvedsuchthe 7 30 increased amount ata special election, which may be held at7 31the same time asthe next following regularschoolcity 7 32 election or at the next general election. The proposition 7 33 submitted to the voters at such special election shall be in 7 34 substantially the following form: 7 35 Notice of the election shall be given by the county 8 1 commissioner of elections according to section 49.53. The 8 2election shall be held on a datenotice must be published not 8 3 less than four nor more than twenty daysafter the last8 4publication of the noticebefore the election. Atsuchthe 8 5 regular city election the ballot used for the submission of 8 6saidthe proposition shall be in substantially the form for 8 7 submitting special questions at general elections.The county8 8commissioner of elections shall conduct the election pursuant8 9to the provisions of chapters 39 to 53 and certify the results8 10to the board of directors. SuchThe proposition shall not be 8 11 deemedcarried oradopted unless the vote in favor ofsuchthe 8 12 proposition is equal to at least sixty percent of the total 8 13 vote cast for and againstsaidthe proposition atsaidthe 8 14 election. Whenever such a proposition has been approved by 8 15 the voters of a school corporation ashereinbeforeprovided in 8 16 this section, no further approval of the voters ofsuchthe 8 17 school corporation shall be required as a result of any 8 18 subsequent change in the boundaries ofsuchthe school 8 19 corporation. 8 20 Sec. 16. Section 298.18A, subsection 2, Code 1999, is 8 21 amended to read as follows: 8 22 2. The adjustment shall not result in a total amount 8 23 levied in excess of the two dollar and seventy cent per 8 24 thousand dollars of assessed valuation limit provided in 8 25 section 298.18. An adjustment in excess of the two dollar and 8 26 seventy cent per thousand dollars of assessed valuation limit 8 27 shall be subject to thespecialelection provisions for 8 28 increases of up to four dollars and five cents per thousand 8 29 dollars of assessed valuation provisions of section 298.18. 8 30 Sec. 17. Section 298.21, unnumbered paragraph 1, Code 8 31 1999, is amended to read as follows: 8 32 The board of directors of any school corporation when 8 33 authorized by the voters at the regular city election or ata8 34specialthe general electioncalled for that purpose,may 8 35 issue the negotiable, interest-bearing school bonds of said 9 1 corporation for borrowing money for any or all of the 9 2 following purposes: 9 3 Sec. 18. Section 300.2, unnumbered paragraphs 1 and 2, 9 4 Code 1999, are amended to read as follows: 9 5 The board of directors of a school district may, and upon 9 6 receipt of a petition signed by eligible electors equal in 9 7 number to at least twenty-five percent of the number of voters 9 8 at the last preceding school election, shall, direct the 9 9 county commissioner of elections to submit to the registered 9 10 voters of the school district the question of whether to levy 9 11 a tax of not to exceed thirteen and one-half cents per 9 12 thousand dollars of assessed valuation for public educational 9 13 and recreational activities authorized under this chapter.If9 14at the time of filing the petition, it is more than three9 15months until the next regular school election, theThe board 9 16 of directors shall submit the question ata special election9 17within sixty daysthe next following regular city election or 9 18 the next general election.Otherwise, the question shall be9 19submitted at the next regular school election.9 20 If a majority of the votes cast upon the proposition is in 9 21 favor of the proposition, the board shall certify the amount 9 22 required for a fiscal year to the county board of supervisors 9 23 by April 15 of theprecedingfollowing fiscal year. The board 9 24 of supervisors shall levy the amount certified. The amount 9 25 shall be placed in the public education and recreation levy 9 26 fund of the district and shall be used only for the purposes 9 27 specified in this chapter. 9 28 Sec. 19. Section 331.301, subsection 10, paragraph e, 9 29 subparagraph (2), subparagraph subdivisions (a) and (b), Code 9 30 1999, are amended to read as follows: 9 31 (a) The board must institute proceedings for entering into 9 32 a lease or lease-purchase contract payable from the general 9 33 fund by causing a notice of the meeting to discuss entering 9 34 into the lease or lease-purchase contract, including a 9 35 statement of the principal amount and purpose of the lease or 10 1 lease-purchase and the right to petition foranthe 10 2 proposition to be submitted at election, to be published as 10 3 provided in section 331.305 at least ten days prior to the 10 4 discussion meeting. No sooner than thirty days following the 10 5 discussion meeting shall the board hold a meeting at which it 10 6 is proposed to take action to enter into the lease or lease- 10 7 purchase contract. 10 8 (b) If at any time before the end of the thirty-day period 10 9 after which a meeting may be held to take action to enter into 10 10 the lease or lease-purchase contract, a petition is filed with 10 11 the auditor in the manner provided by section 331.306, asking 10 12 that the question of entering into the lease or lease-purchase 10 13 contract be submitted to the registered voters of the county, 10 14 the board shall either by resolution declare the proposal to 10 15 enter into the lease or lease-purchase contract to have been 10 16 abandoned or shall direct the county commissioner of elections 10 17 tocall a special election uponsubmit the question of 10 18 entering into the lease or lease-purchase contract at the next 10 19 following general election. However, for purposes of this 10 20 subparagraph, the petition shall not require signatures in 10 21 excess of one thousand persons. The question to be placed on 10 22 the ballot shall be stated affirmatively in substantially the 10 23 following manner: Shall the county of .... enter into a lease 10 24 or lease-purchase contract in an amount of $.... for the 10 25 purpose of ....?Notice of the election and its conduct shall10 26be in the manner provided in section 331.442, subsections 210 27through 4.10 28 Sec. 20. Section 331.402, subsection 3, paragraph d, 10 29 subparagraph (2), subparagraph subdivisions (a) and (b), Code 10 30 1999, are amended to read as follows: 10 31 (a) The board must institute proceedings for entering into 10 32 a loan agreement payable from the general fund by causing a 10 33 notice of the meeting to discuss entering into the loan 10 34 agreement, including a statement of the principal amount and 10 35 purpose of the loan agreement and the right to petition foran11 1 the proposition to be submitted at election, to be published 11 2 as provided in section 331.305 at least ten days prior to the 11 3 discussion meeting. No sooner than thirty days following the 11 4 discussion meeting shall the board hold a meeting at which it 11 5 is proposed to take action to enter into the loan agreement. 11 6 (b) If at any time before the end of the thirty-day period 11 7 after which a meeting may be held to take action to enter into 11 8 the loan agreement, a petition is filed with the auditor in 11 9 the manner provided by section 331.306 asking that the 11 10 question of entering into the loan agreement be submitted to 11 11 the registered voters of the county, the board shall either by 11 12 resolution declare the proposal to enter into the loan 11 13 agreement to have been abandoned or shall direct the county 11 14 commissioner of elections tocall a special election upon11 15 submit the question of entering into the loan agreement at the 11 16 next following general election. However, for purposes of 11 17 this subparagraph, the petition shall not require signatures 11 18 in excess of one thousand persons. The question to be placed 11 19 on the ballot shall be stated affirmatively in substantially 11 20 the following manner: Shall the county of .... enter into a 11 21 loan agreement in amount of $.... for the purpose of ....? 11 22 Notice of the election and its conduct shall be in the manner 11 23 provided in section 331.442, subsections 2 through 4. 11 24 Sec. 21. Section 331.441, subsection 2, paragraph b, 11 25 subparagraph (7), Code 1999, is amended to read as follows: 11 26 (7) Enlargement and improvement of a county hospital 11 27 acquired and operated under chapter 347A, subject to a maximum 11 28 of two percent of the assessed value of the taxable property 11 29 in the county. However, notice of the proposed bond issue 11 30 shall be published once each week for two consecutive weeks 11 31 and if, within twenty days following the date of the first 11 32 publication, a petition requestingan electionon the proposal 11 33 be submitted at election and signed by qualified voters of the 11 34 county equal to at least twenty percent of the votes cast at 11 35 the preceding election for governor is filed with the county 12 1 auditor, the proposal is subject to the election requirements 12 2 in section 331.442, subsections 2, 3 and 4 for general county 12 3 purpose bonds. 12 4 Sec. 22. Section 331.441, subsection 2, paragraph b, 12 5 subparagraph (12), subparagraph subdivision (b), Code 1999, is 12 6 amended to read as follows: 12 7 (b)GeneralThe proposition to issue general obligation 12 8 bonds for the purposes described in this subparagraphareis 12 9 subject toanelectionheldin the manner provided in section 12 10 331.442, subsections 1 through 4, if not later than fifteen 12 11 days following the action by the county board of supervisors, 12 12 eligible voters file a petition with the county commissioner 12 13 of elections asking that the question of issuing the bonds be 12 14 submitted to the registered voters of the special service area 12 15 tax district. The petition must be signed by at least five 12 16 percent of the registered voters residing in the special 12 17 service area tax district. If the petition is duly filed 12 18 within the fifteen days, the board of supervisors shall either 12 19 adopt a resolution declaring that the proposal to issue the 12 20 bonds is abandoned, or direct the county commissioner of 12 21 elections tocall a specialsubmit the proposition at the next 12 22 following general electionwithin a special service area tax12 23district upon the question of issuing the bonds. 12 24 Sec. 23. Section 331.441, subsection 2, paragraph c, 12 25 subparagraph (3), Code 1999, is amended to read as follows: 12 26 (3) The building and maintenance of a bridge over state 12 27 boundary line streams. The board shall submit a proposition 12 28 under this subparagraph toanelection at the next following 12 29 general election upon receipt of a petition which is valid 12 30 under section 331.306. 12 31 Sec. 24. Section 331.442, subsection 2, unnumbered 12 32 paragraph 1, Code 1999, is amended to read as follows: 12 33 Before the board may institute proceedings for the issuance 12 34 of bonds for a general county purpose, it shallcall a county12 35special election to vote uponsubmit the question of issuing 13 1 the bonds to the voters at the next following general 13 2 election. At the election the proposition shall be submitted 13 3 in the following form: 13 4 Sec. 25. Section 331.442, subsection 3, Code 1999, is 13 5 amended to read as follows: 13 6 3. Notice of theelectionballot measure shall be given by 13 7 publication as specified in section 331.305.At the election13 8the ballot used for the submission of the proposition shall be13 9in substantially the form for submitting special questions at13 10general elections.13 11 Sec. 26. Section 331.442, subsection 5, paragraph a, 13 12 unnumbered paragraph 1, Code 1999, is amended to read as 13 13 follows: 13 14 Notwithstanding subsection 2, a board, in lieu ofcalling13 15ansubmitting the proposition at election, may institute 13 16 proceedings for the issuance of bonds for a general county 13 17 purpose by causing a notice of the proposal to issue the 13 18 bonds, including a statement of the amount and purpose of the 13 19 bonds, and the right to petition foranelection, to be 13 20 published as provided in section 331.305 at least ten days 13 21 prior to the meeting at which it is proposed to take action 13 22 for the issuance of the bonds subject to the following 13 23 limitations: 13 24 Sec. 27. Section 331.442, subsection 5, paragraph b, Code 13 25 1999, is amended to read as follows: 13 26 b. If at any time before the date fixed for taking action 13 27 for the issuance of the bonds, a petition is filed with the 13 28 auditor in the manner provided by section 331.306 asking that 13 29 the question of issuing the bonds be submitted to the 13 30 registered voters of the county, the board shall either by 13 31 resolution declare the proposal to issue the bonds to have 13 32 been abandoned or shall direct the county commissioner of 13 33 elections tocall a special election uponsubmit the question 13 34 of issuing the bonds at the next following general election. 13 35 Notice of theelection and its conductballot measure shall be 14 1 in the manner provided in subsections 2, 3, and 4. 14 2 Sec. 28. Section 331.447, subsection 1, paragraph b, Code 14 3 1999, is amended to read as follows: 14 4 b. The amount estimated and certified to apply on 14 5 principal and interest for any one year may only exceed the 14 6 statutory rate of levy limit, if any, by the amount that the 14 7 registered voters of the county have approved ata special14 8election, which may be held at the same time asthe next 14 9 following general election and may be included in the 14 10 proposition authorizing the issuance of bonds, if an election 14 11 on the proposition is necessary, or may be submitted as a 14 12 separate proposition at the same election or at a different 14 13 election. Notice of theelectionballot measure shall be 14 14 given as specified in section 331.305. If the proposition 14 15 includes issuing bonds and increasing the levy limit, it shall 14 16 be in substantially the following form: 14 17 Sec. 29. Section 346.27, subsection 10, Code 1999, is 14 18 amended to read as follows: 14 19 10. After the incorporation of an authority, and before 14 20 the sale of any issue of revenue bonds, except refunding 14 21 bonds, the authority shall submitin a single countywide14 22electionto the registered voters of the city and county,ata14 23 the next following general, primary, or specialelection 14 24called for that purpose,the question of whether an authority 14 25 shall issue and sell revenue bonds, stating the amount, for 14 26 any of the purposes for which it is incorporated. An 14 27 affirmative vote of a majority of the votes cast on the 14 28 proposition is required to authorize the issuance and sale of 14 29 revenue bonds. A notice of the election shall be published 14 30 once each week for at least two weeks in some newspaper 14 31 published in the county. The notice shall name the time when 14 32 the question shall be submitted, and a copy of the question to 14 33 be submitted shall be posted at each polling place during the 14 34 day of election.The authority shall call this election with14 35the concurrence of both incorporating units, and it shall15 1establish the voting precincts and polling places, and appoint15 2the election judges, and in so doing such election procedures15 3shall be in accordance with the provisions of chapters 49 and15 450.15 5 Sec. 30. Section 347.13, subsection 13, unnumbered 15 6 paragraph 1, Code 1999, is amended to read as follows: 15 7 Submit to the voters atany regular or specialthe next 15 8 following general election a proposition to sell or lease any 15 9 sites and buildings, excepting those described in subsection 15 10 12 hereof, and upon such proposition being carried by a 15 11 majority of the total number of votes cast at such election, 15 12 may proceed to sell such property at either public or private 15 13 sale, and apply the proceeds only for: 15 14 Sec. 31. Section 347.14, subsection 15, unnumbered 15 15 paragraph 1, Code 1999, is amended to read as follows: 15 16 Submit to the voters ata regular or specialthe next 15 17 following general election a proposition to sell or lease a 15 18 county public hospital for use as a private hospital or as a 15 19 merged area hospital under chapter 145A or to sell or lease a 15 20 county hospital in conjunction with the establishment of a 15 21 merged area hospital. The authorization of the board of 15 22 hospital trustees submitting the proposition may, but is not 15 23 required to, contain conditions which provide for maintaining 15 24 hospital care within the county, for the retention of county 15 25 public hospital employees and staff, and for the continuation 15 26 of the board of trustees for the purpose of carrying out 15 27 provisions of contracts. The property listed in section 15 28 347.13, subsection 12, may be included in the proposition, but 15 29 the proceeds from the property shall be used for the purposes 15 30 listed in section 347.13, subsection 13, or for the purpose of 15 31 providing health care for residents of the county. Proceeds 15 32 from the sale or lease of the county hospital or other assets 15 33 of the board of trustees shall not be used for the prepayment 15 34 of health care services for residents of the county with the 15 35 purchaser or lessee of the county hospital or to underwrite 16 1 the sale or lease of the county hospital. The proposition 16 2 submitted to the voters of the county shall not be set forth 16 3 at length, but it shall be in substantially the following 16 4 form: 16 5 Sec. 32. Section 347.23A, subsection 1, Code 1999, is 16 6 amended to read as follows: 16 7 1. A hospital established as a memorial hospital under 16 8 chapter 37 or a county hospital supported by revenue bonds and 16 9 organized under chapter 347A may become, in accordance with 16 10 the provisions of this section, a county hospital organized 16 11 and managed as provided for in this chapter. If the hospital 16 12 is established by a city as a memorial hospital, the city must 16 13 be located in the county which will own and manage the 16 14 hospital. A proposition for the change must be submitted to 16 15 and approved by a majority of the electors of the county which 16 16 will own and manage the hospital as provided for in this 16 17 chapter. In addition, if the hospital is a memorial hospital 16 18 organized by a city under chapter 37, the proposition must 16 19 also be approved by a majority of the electors of that city. 16 20 The proposition may be submitted to the electors atanythe 16 21 generalor specialelectioncalled by the county board of16 22supervisors for this purpose. 16 23 Sec. 33. Section 364.4, subsection 4, paragraph e, 16 24 subparagraph (2), subparagraph subdivision (b), Code 1999, is 16 25 amended to read as follows: 16 26 (b) If at any time before the end of the thirty-day period 16 27 after which a meeting may be held to take action to enter into 16 28 the lease or lease-purchase contract, a petition is filed with 16 29 the clerk of the city in the manner provided by section 362.4, 16 30 asking that the question of entering into the lease or lease- 16 31 purchase contract be submitted to the registered voters of the 16 32 city, the governing body shall either by resolution declare 16 33 the proposal to enter into the lease or lease-purchase 16 34 contract to have been abandoned or shall direct the county 16 35 commissioner of elections tocall a special election upon17 1 submit the question of entering into the lease or lease- 17 2 purchase contract at the next following regular city election 17 3 or the next following general election. However, for purposes 17 4 of this subparagraph, the petition shall not require 17 5 signatures in excess of one thousand persons. The question to 17 6 be placed on the ballot shall be stated affirmatively in 17 7 substantially the following manner: Shall the city of .... 17 8 enter into a lease or lease-purchase contract in amount of 17 9 $.... for the purpose of ....? Notice of theelection and its17 10conductballot measure shall be in the manner provided in 17 11 section 384.26, subsections 2 through 4. 17 12 Sec. 34. Section 384.12, subsections 5 and 6, Code 1999, 17 13 are amended to read as follows: 17 14 5. A tax to aid in the construction of a county bridge, 17 15 subject to the provisions of subsection 1, except that the17 16question must be submitted at a special election.The expense17 17of a special election under this subsection must be paid by17 18the county.The notice of thespecial electionballot measure 17 19 must include full details of the proposal, including the 17 20 location of the proposed bridge, the rate of tax to be levied, 17 21 and all other conditions. 17 22 6. A tax to aid a company incorporated under the laws of 17 23 this state in the construction of a highway or combination 17 24 bridge across any navigable boundary river of this state, 17 25 commencing or terminating in the city and suitable for use as 17 26 highway, or for both highway and railway purposes. This tax 17 27 levy is subject to the provisions of subsections 1 and 5. The 17 28 levy is limited to one dollar and thirty-five cents per 17 29 thousand dollars of the assessed value of taxable property in 17 30 the city. The estimated cost of the bridge must be at least 17 31 ten thousand dollars, and the city aid may not exceed one-half 17 32 of the estimated cost. The notice of thespecial election17 33 ballot measure must include the name of the corporation to be 17 34 aided, and all conditions required of the corporation. Tax 17 35 moneys received for this purpose may not be paid over by the 18 1 county treasurer until the city has filed a statement that the 18 2 corporation has complied with all conditions. 18 3 Sec. 35. Section 384.12, subsection 9, unnumbered 18 4 paragraph 1, Code 1999, is amended to read as follows: 18 5 A tax for aid to a public transportation company, subject 18 6 to the procedure provided in subsection 1, except the question18 7must be submitted at a special election. The levy is limited 18 8 to three and three-eighths cents per thousand dollars of 18 9 assessed value. In addition to any other conditions the 18 10 following requirements must be met before moneys received for 18 11 this purpose may be paid over by the county treasurer: 18 12 Sec. 36. Section 384.12, subsection 20, Code 1999, is 18 13 amended to read as follows: 18 14 20. a.AAuthorization for the next two fiscal years to 18 15 levy a tax that exceeds any tax levy limit within this 18 16 chapter, provided the question has been submitted ata special18 17levy electionthe regular city election held in the calendar 18 18 year prior to July 1 of the first of the two fiscal years and 18 19 received a simple majority of the votes cast on the 18 20 proposition to authorize the enumerated levy limit to be 18 21 exceeded for the proposed budget year. 18 22a. The election may be held as specified in this18 23subsection if notice is given by the city council, not later18 24than thirty-two days before the second Tuesday in March, to18 25the county commissioner of elections that the election is to18 26be held.18 27b. An election under this subsection shall be held on the18 28second Tuesday in March and be conducted by the county18 29commissioner of elections in accordance with the law.18 30c.b. The ballot question shall be in substantially the 18 31 following form: 18 32 WHICH TAX LEVY SHALL BE ADOPTED FOR THE CITY OF ........? 18 33 (Vote for only one of the following choices.) 18 34 CHANGE LEVY AMOUNT .................... 18 35 Add to the existing levy amount a tax for the purpose of 19 1 .......... (state purpose of proposed levy) at a rate of ... 19 2 (rate) which will provide an additional $.... (amount). 19 3 KEEP CURRENT LEVY .................... 19 4 Continue under the current maximum rate of ..., providing 19 5 $.... (amount). 19 6d.c. The commissioner of elections conducting the 19 7 election shall notify the city officials and other county 19 8 auditors where applicable, of the results within two days of 19 9 the canvass which shall be held beginning at one o'clock on 19 10 the second day following thespecial levyelection. 19 11e.d. Notice of theelectionballot measure shall be 19 12 published twice in accordance with the provisions of section 19 13 362.3, except that the first such notice shall be given at 19 14 least two weeks before the election. 19 15f. The cost of the election shall be borne by the city.19 16g. The election provisions of this subsection shall19 17supersede other provisions for elections only to the extent19 18necessary to comply with the provisions hereof.19 19h.e. The provisions of this subsection apply to all 19 20 cities, however organized, including special charter cities 19 21 which may adopt ordinances where necessary to carry out these 19 22 provisions. 19 23i.f. The council shall certify the city's budget with the 19 24 tax askings not exceeding the amount approved by thespecial19 25levyelection. 19 26 Sec. 37. Section 384.24A, subsection 4, paragraph b, 19 27 subparagraph (2), Code 1999, is amended to read as follows: 19 28 (2) If at any time before the end of the thirty-day period 19 29 after which a meeting may be held to take action to enter into 19 30 the loan agreement, a petition is filed with the clerk of the 19 31 city in the manner provided by section 362.4, asking that the 19 32 question of entering into the loan agreement be submitted to 19 33 the registered voters of the city, the governing body shall 19 34 either by resolution declare the proposal to enter into the 19 35 loan agreement to have been abandoned or shall direct the 20 1 county commissioner of elections tocall a special election20 2uponsubmit the question of entering into the loan agreement 20 3 at the next following regular city election or the next 20 4 following general election. However, for purposes of this 20 5 paragraph, the petition shall not require signatures in excess 20 6 of one thousand persons. The question to be placed on the 20 7 ballot shall be stated affirmatively in substantially the 20 8 following manner: Shall the city of .... enter into a loan 20 9 agreement in amount of $.... for the purpose of ....? Notice 20 10 of theelection and its conductballot measure shall be in the 20 11 manner provided in section 384.26, subsections 2 through 4. 20 12 Sec. 38. Section 384.26, subsection 2, unnumbered 20 13 paragraph 1, Code 1999, is amended to read as follows: 20 14 Before the council may institute proceedings for the 20 15 issuance of bonds for a general corporate purpose, it shall 20 16call a special city election to vote uponsubmit the question 20 17 of issuing the bonds to the voters at the next following 20 18 regular city election or the next general election. At the 20 19 election the proposition must be submitted in the following 20 20 form: 20 21 Sec. 39. Section 384.26, subsection 3, Code 1999, is 20 22 amended to read as follows: 20 23 3. Notice of theelectionballot measure must be given by 20 24 publication as required by section 49.53 in a newspaper of 20 25 general circulation in the city. At the election the ballot 20 26 used for the submission of the proposition must be in 20 27 substantially the form for submitting special questions at 20 28 general elections. 20 29 Sec. 40. Section 384.26, subsection 5, paragraph a, 20 30 unnumbered paragraph 1, Code 1999, is amended to read as 20 31 follows: 20 32 Notwithstanding the provisions of subsection 2, a council 20 33 may, in lieu ofcalling ansubmitting the proposition at 20 34 election, institute proceedings for the issuance of bonds for 20 35 a general corporate purpose by causing a notice of the 21 1 proposal to issue the bonds, including a statement of the 21 2 amount and purpose of the bonds, together with the maximum 21 3 rate of interest which the bonds are to bear, and the right to 21 4 petition foranelection, to be published at least once in a 21 5 newspaper of general circulation within the city at least ten 21 6 days prior to the meeting at which it is proposed to take 21 7 action for the issuance of the bonds subject to the following 21 8 limitations: 21 9 Sec. 41. Section 384.26, subsection 5, paragraph b, Code 21 10 1999, is amended to read as follows: 21 11 b. If at any time before the date fixed for taking action 21 12 for the issuance of the bonds, a petition is filed with the 21 13 clerk of the city in the manner provided by section 362.4, 21 14 asking that the question of issuing the bonds be submitted to 21 15 the registered voters of the city, the council shall either by 21 16 resolution declare the proposal to issue the bonds to have 21 17 been abandoned or shall direct the county commissioner of 21 18 elections tocall a special election uponsubmit the question 21 19 of issuing the bonds at the next following regular city 21 20 election or the next following general election. Notice of 21 21 theelection and its conductballot measure shall be in the 21 22 manner provided in the preceding subsections of this section. 21 23 Sec. 42. Section 384.84A, subsection 2, unnumbered 21 24 paragraph 1, Code 1999, is amended to read as follows: 21 25 If, before the date fixed for taking action to authorize 21 26 the issuance of revenue bonds for the storm water drainage 21 27 construction project, a petition signed by three percent of 21 28 the registered voters of the city, asking that the question of 21 29 issuing revenue bonds for the storm water drainage 21 30 construction project be submitted to the registered voters of 21 31 the city, the council, by resolution, shall declare the 21 32 project abandoned or shall direct the county commissioner of 21 33 elections tocall a special election uponsubmit the question 21 34 of issuing the bonds for the storm water drainage construction 21 35 project at the next following regular city election if the 22 1 cost of the project and population of the city meet one of the 22 2 following criteria: 22 3 Sec. 43. Section 422A.1, unnumbered paragraph 3, Code 22 4 1999, is amended to read as follows: 22 5 A city or county shall impose a hotel and motel tax or 22 6 increase the tax rate, only after an election at which a 22 7 majority of those voting on the question favors imposition or 22 8 increase. However, a hotel and motel tax shall not be 22 9 repealed or reduced in rate if obligations are outstanding 22 10 which are payable as provided in section 422A.2, unless funds 22 11 sufficient to pay the principal, interest, and premium, if 22 12 any, on the outstanding obligations at and prior to maturity 22 13 have been properly set aside and pledged for that purpose. 22 14The election shall be held at the time of that city's or22 15county's general election or at the time of a special22 16election.For a city, the question shall be placed on the 22 17 ballot at the regular city election. For a county, the 22 18 question shall be placed on the ballot at the general 22 19 election. 22 20 Sec. 44. Section 422A.2, subsection 4, paragraph f, 22 21 unnumbered paragraphs 1 and 2, Code 1999, are amended to read 22 22 as follows: 22 23 A city or county acting on behalf of an unincorporated area 22 24 may, in lieu of callinganfor the question to be placed on 22 25 the ballot at election, institute proceedings for the issuance 22 26 of bonds under this section by causing a notice of the 22 27 proposal to issue the bonds, including a statement of the 22 28 amount and purpose of the bonds, together with the maximum 22 29 rate of interest which the bonds are to bear, and the right to 22 30 petition for an election, to be published at least once in a 22 31 newspaper of general circulation within the city or 22 32 unincorporated area at least ten days prior to the meeting at 22 33 which it is proposed to take action for the issuance of the 22 34 bonds. 22 35 If at any time before the date fixed for taking action for 23 1 the issuance of the bonds, a petition signed by three percent 23 2 of the registered voters of the city or unincorporated area, 23 3 asking that the question of issuing the bonds be submitted to 23 4 the registered voters of the city or unincorporated area, the 23 5 council or board of supervisors acting on behalf of an 23 6 unincorporated area shall either by resolution declare the 23 7 proposal to issue the bonds to have been abandoned or shall 23 8 direct the county commissioner of elections tocall a special23 9election uponsubmit the question of issuing the bonds to the 23 10 voters. For a city, the question shall be placed on the 23 11 ballot at the next following regular city election or the next 23 12 following general election. For a county, the question shall 23 13 be placed on the ballot at the next following general 23 14 election. 23 15 Sec. 45. Section 422B.1, subsection 5, Code 1999, is 23 16 amended to read as follows: 23 17 5. The county commissioner of elections shall submit the 23 18 question of imposition of a local option tax ata statethe 23 19 general electionor at a special election held at any time23 20other than the time of a city regular election.The election23 21shall not be held sooner than sixty days after publication of23 22notice of the ballot proposition.Notice of the proposition 23 23 on the ballot shall be published at least sixty days before 23 24 the election. The ballot proposition shall specify the type 23 25 and rate of tax and in the case of a vehicle tax the classes 23 26 that will be exempt and in the case of a local sales and 23 27 services tax the date it will be imposed. The ballot 23 28 proposition shall also specify the approximate amount of local 23 29 option tax revenues that will be used for property tax relief 23 30 and shall contain a statement as to the specific purpose or 23 31 purposes for which the revenues shall otherwise be expended. 23 32 If the county board of supervisors decides under subsection 6 23 33 to specify a date on which the local option sales and services 23 34 tax shall automatically be repealed, the date of the repeal 23 35 shall also be specified on the ballot. The rate of the 24 1 vehicle tax shall be in increments of one dollar per vehicle 24 2 as set by the petition seeking to impose the tax. The rate of 24 3 a local sales and services tax shall not be more than one 24 4 percent as set by the governing body. The state commissioner 24 5 of elections shall establish by rule the form for the ballot 24 6 proposition which form shall be uniform throughout the state. 24 7 Sec. 46. Section 422B.12, subsection 4, paragraph a, 24 8 unnumbered paragraph 2, Code 1999, is amended to read as 24 9 follows: 24 10 If at any time before the date fixed for taking action for 24 11 the issuance of the bonds, a petition signed by three percent 24 12 of the registered voters of the bond issuer is filed, asking 24 13 that the question of issuing the bonds be submitted to the 24 14 registered voters, the governing body shall either by 24 15 resolution declare the proposal to issue the bonds to have 24 16 been abandoned or shall direct the county commissioner of 24 17 elections tocall a special election uponsubmit the question 24 18 of issuing the bonds to the voters. For a city, the question 24 19 shall be placed on the ballot at the next following regular 24 20 city election or the next following general election. For a 24 21 county, the question shall be placed on the ballot at the next 24 22 following general election. The proposition of issuing bonds 24 23 under this subsection is not approved unless the vote in favor 24 24 of the proposition is equal to at least sixty percent of the 24 25 vote cast. If a petition is not filed, or if a petition is 24 26 filed and the proposition of issuing the bonds is approved at 24 27 an election, the governing body acting on behalf of the issuer 24 28 may proceed with the authorization and issuance of the bonds. 24 29 Bonds may be issued for the purpose of refunding outstanding 24 30 and previously issued bonds under this subsection without 24 31 otherwise complying with the provisions of this subsection. 24 32 Sec. 47. Section 422D.1, subsection 2, unnumbered 24 33 paragraph 1, Code 1999, is amended to read as follows: 24 34 The taxes for emergency medical services shall only be 24 35 imposed after an election at which a majority of those voting 25 1 on the question of imposing the tax or combination of taxes 25 2 specified in subsection 1, paragraph "a" or "b", vote in favor 25 3 of the question. However, the tax or combination of taxes 25 4 specified in subsection 1 shall not be imposed on property 25 5 within or on residents of a benefited emergency medical 25 6 services district under chapter 357F. The question of 25 7 imposing the tax or combination of the taxes may be submitted 25 8 at the regular city election, a special election,orstatethe 25 9 general election. Notice of the question shall be provided by 25 10 publication at least sixty days before the time of the 25 11 election and shall identify the tax or combination of taxes 25 12 and the rate or rates, as applicable. If a majority of those 25 13 voting on the question approve the imposition of the tax or 25 14 combination of taxes, the tax or combination of taxes shall be 25 15 imposed as follows: 25 16 Sec. 48. Section 422E.2, subsection 2, paragraph a, Code 25 17 1999, is amended to read as follows: 25 18 a. Upon receipt by a county board of supervisors of a 25 19 petition requesting imposition of a local sales and services 25 20 tax for infrastructure purposes, signed by eligible electors 25 21 of the whole county equal in number to five percent of the 25 22 persons in the whole county who voted at the last preceding 25 23 state general election, the board shall within thirty days 25 24 direct the county commissioner of elections to submit the 25 25 question of imposition of the tax to the registered voters of 25 26 the whole county at the next following general election. 25 27 Sec. 49. Section 422E.2, subsection 3, Code 1999, is 25 28 amended to read as follows: 25 29 3. The county commissioner of elections shall submit the 25 30 question of imposition of a local sales and services tax for 25 31 school infrastructure purposes ata statethe general election 25 32or at a special election held at any time other than the time25 33of a city regular election.The election shall not be held25 34sooner than sixty days after publication of notice of the25 35ballot proposition.The ballot proposition shall be published 26 1 more than sixty days before the election. The ballot 26 2 proposition shall specify the rate of tax, the date the tax 26 3 will be imposed and repealed, and shall contain a statement as 26 4 to the specific purpose or purposes for which the revenues 26 5 shall be expended. The rate of tax shall not be more than one 26 6 percent as set by the county board of supervisors. The state 26 7 commissioner of elections shall establish by rule the form for 26 8 the ballot proposition which form shall be uniform throughout 26 9 the state. 26 10 Sec. 50. Section 422E.2, subsection 4, paragraph a, Code 26 11 1999, is amended to read as follows: 26 12 a. The tax may be repealed or the rate increased, but not 26 13 above one percent, or decreased after an election at which a 26 14 majority of those voting on the question of repeal or rate 26 15 change favored the repeal or rate change. The election at 26 16 which the question of repeal or rate change is offered shall 26 17 be called and held in the same manner and under the same 26 18 conditions as provided in this section for the election on the 26 19 imposition of the tax.The election may be held at any time26 20but not sooner than sixty days following publication of the26 21ballot proposition.The ballot proposition shall be published 26 22 more than sixty days before the election. However, the tax 26 23 shall not be repealed before it has been in effect for one 26 24 year. 26 25 Sec. 51. Section 422E.2, subsection 4, paragraph b, 26 26 unnumbered paragraph 1, Code 1999, is amended to read as 26 27 follows: 26 28 Within ten days of the election at which a majority of 26 29 those voting on the question favors the imposition, repeal, or 26 30 change in the rate of the tax, the county board of supervisors 26 31 shall give written notice to the director of revenue and 26 32 finance of the result of the election.Election costsThe 26 33 costs of placing the question on the ballot at the election 26 34 shall be apportioned among school districts within the county 26 35 on a pro rata basis in proportion to the number of registered 27 1 voters in each school district and the total number of 27 2 registered voters in all of the school districts within the 27 3 county. 27 4 EXPLANATION 27 5 This bill allows a city, county, or school corporation to 27 6 submit certain ballot propositions to a vote of the people at 27 7 only the regular city election in November of odd-numbered 27 8 years or at the general election in November of even-numbered 27 9 years. The bill applies to propositions authorizing the 27 10 issuance of bonds or other indebtedness, or to propositions 27 11 imposing or increasing a voter-approved property tax levy or 27 12 local option sales tax. For cities and school corporations, 27 13 these ballot propositions may be placed on the ballot at the 27 14 regular city election or general election. For a county, 27 15 these propositions may be placed on the ballot at the general 27 16 election. 27 17 LSB 2359HH 78 27 18 sc/sc/14
Text: HF00645 Text: HF00647 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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