Text: HSB00718                          Text: HSB00720
Text: HSB00700 - HSB00799               Text: HSB Index
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House Study Bill 719

Bill Text

PAG LIN
  1  1    Section 1.  Section 331.402, Code 1999, is amended by
  1  2 adding the following new subsection:
  1  3    NEW SUBSECTION.  4.  a.  The board must follow the
  1  4 following procedures to authorize a contract for the purchase
  1  5 of land or the construction, reconstruction, or repair of a
  1  6 public improvement as defined in section 384.95, if the
  1  7 contract is satisfied by payment from the general fund or
  1  8 other source without incurring indebtedness and the amount of
  1  9 the contract exceeds the limits in subsection 3, paragraph
  1 10 "d", subparagraph (1).
  1 11    b.  The board must institute proceedings for entering into
  1 12 a contract relating to land acquisition or a public
  1 13 improvement pursuant to paragraph "a" by causing a notice of
  1 14 the meeting to discuss entering into the contract, including a
  1 15 statement of the amount and purpose of the contract and the
  1 16 right to petition for an election, to be published as provided
  1 17 in section 331.305 at least ten days prior to the discussion
  1 18 meeting.  No sooner than thirty days following the discussion
  1 19 meeting, the board shall hold a meeting at which action on the
  1 20 contract may be taken.
  1 21    c.  If at any time before the end of the thirty-day period
  1 22 specified in paragraph "b", a petition is filed with the
  1 23 auditor in the manner provided by section 331.306 asking that
  1 24 the question of entering into the contract be submitted to the
  1 25 registered voters of the county, the board shall either by
  1 26 resolution declare the proposal to enter into the contract to
  1 27 have been abandoned or shall direct the county commissioner of
  1 28 elections to call a special election upon the question of
  1 29 entering into the contract.  However, notwithstanding section
  1 30 331.306, the petition shall not require signatures in excess
  1 31 of one thousand persons.  The question to be placed on the
  1 32 ballot shall be stated affirmatively in substantially the
  1 33 following manner:  Shall the county of .... enter into a
  1 34 contract in the amount of $.... for the purpose of ....?
  1 35 Notice of the election and its conduct shall be in the manner
  2  1 provided in section 331.442, subsections 2 through 4.
  2  2    d.  If a petition is not filed or if a petition is filed
  2  3 and the proposition of entering into the contract is approved
  2  4 at an election, the board may proceed and enter into the
  2  5 contract.
  2  6    Sec. 2.  STATE MANDATE INAPPLICABLE.  Section 25B.2,
  2  7 subsection 3, shall not apply to this Act.  
  2  8                           EXPLANATION
  2  9    This bill provides for a referendum by a county electorate
  2 10 on a proposed contract to purchase land or construct,
  2 11 reconstruct, or repair a public improvement with moneys on
  2 12 hand and without incurring indebtedness.  The public has 30
  2 13 days after proceedings for entering into the proposed contract
  2 14 for land or a public improvement are initiated to file a
  2 15 petition pursuant to Code section 331.306 to call for the
  2 16 referendum if the amount of the contract exceeds the following
  2 17 limits:
  2 18    1.  $400,000 in a county having a population of 25,000 or
  2 19 less.
  2 20    2.  $500,000 in a county having a population of more than
  2 21 25,000 and less than 50,000.
  2 22    3.  $600,000 in a county having a population of more than
  2 23 50,000 but not more than 100,000.
  2 24    4.  $800,000 in a county having a population of more than
  2 25 100,000 but not more than 200,000.
  2 26    5.  $1,000,000 in a county having a population of more than
  2 27 200,000.
  2 28    The petition shall not be required to contain more than
  2 29 1,000 signatures to place the question on the ballot.
  2 30    If the petition is filed, the board of supervisors shall
  2 31 adopt a resolution abandoning the proposed contract or
  2 32 directing the county commissioner of elections to call a
  2 33 special election.  If a petition is not filed or if the
  2 34 election results are favorable for the proposed contract, the
  2 35 board may proceed to enter into the contract.
  3  1    The requirements of this bill shall not constitute a state
  3  2 mandate pursuant to Code section 25B.2.  
  3  3 LSB 6514HC 78
  3  4 tj/cls/14
     

Text: HSB00718                          Text: HSB00720
Text: HSB00700 - HSB00799               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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