Text: H01266 Text: H01268 Text: H01200 - H01299 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 42 as follows: 1 2 #1. By striking everything after the enacting 1 3 clause and inserting the following: 1 4 "Section 1. Section 28E.17, subsection 3, 1 5 paragraph a, Code 2001, is amended to read as follows: 1 6 a. The council shall give notice and conduct a 1 7 hearing on the proposal in the manner set forth in 1 8 section 384.25. However, the notice must be published 1 9 at least ten days prior to the hearing, and if a 1 10 petition valid under section 362.4 is filed with the 1 11 clerk of the city prior to the hearing, asking that 1 12 the question of issuing the bonds be submitted to the 1 13 registered voters of the city, the council shall 1 14 either by resolution declare the proposal abandoned or 1 15 shall direct the county commissioner of elections to 1 16call a special election to vote uponsubmit the 1 17 question of issuing the bonds at one of the elections 1 18 specified in section 39.26, subsection 2. Notice of 1 19 the election and its conduct shall be in the manner 1 20 provided in section 384.26. 1 21 Sec. 2. Section 28E.22, unnumbered paragraph 1, 1 22 Code 2001, is amended to read as follows: 1 23 The board of supervisors, or the city councils of a 1 24 district composed only of cities, may, and upon 1 25 receipt of a petition signed by five percent of the 1 26 registered voters residing in the district shall, 1 27 submit a proposition to the electorate residing in the 1 28 district atany general election or at a special1 29election held throughout the districtone of the 1 30 elections specified in section 39.26. The proposition 1 31 shall provide for the establishment of a public safety 1 32 fund and the levy of a tax on taxable property located 1 33 in the district at rates not exceeding the rates 1 34 specified in this section for the purpose of providing 1 35 additional moneys for the operation of the district. 1 36 Sec. 3. Section 28E.39, unnumbered paragraph 1, 1 37 Code 2001, is amended to read as follows: 1 38 An agreement establishing a community cluster shall 1 39 require the approval of the registered voters residing 1 40 within the area of the cluster if the agreement 1 41 provides for the sharing of revenues from ad valorem 1 42 property taxes. The proposition shall be submitted to 1 43 the electorate by each governmental unit forming the 1 44 community cluster to the electors residing within the 1 45 area of the governmental unit ata general election or1 46at a special electionone of the elections specified 1 47 in section 39.26. However, if a county has designated 1 48 only certain townships as being included within the 1 49 community cluster, the proposition shall be submitted 1 50 at the general election to the electorate of the 2 1 county residing only in the townships included in the 2 2 community cluster. 2 3 Sec. 4. Section 37.3, unnumbered paragraph 1, Code 2 4 2001, is amended to read as follows: 2 5 Upon the filing of the requisite petition, the city 2 6 council shall cause the proposition to be submitted at 2 7a regular election, or at a special election to be2 8called if requested in the petitionone of the 2 9 elections specified in section 39.26, subsection 2, in 2 10 substantially the following form: 2 11 Sec. 5. Section 39.2, subsection 1, unnumbered 2 12 paragraph 2, Code 2001, is amended to read as follows: 2 13A special election shall not be held in conjunction2 14with the primary election.A special election shall 2 15 not be held in conjunction with a school election 2 16 unless the special election is for a school district 2 17 or community college. 2 18 Sec. 6. NEW SECTION. 39.26 COUNTY AND CITY 2 19 ELECTIONS. 2 20 1. A proposition authorizing the issuance of bonds 2 21 or other indebtedness, or the imposition of, or 2 22 increase in, a voter-approved property tax levy or 2 23 local option sales tax by a county may only be placed 2 24 on the ballot at the following elections: 2 25 a. The general election. 2 26 b. The primary election. 2 27 c. A special election held on the first Tuesday 2 28 after the first Monday in June in each odd-numbered 2 29 year. 2 30 2. A proposition authorizing the issuance of bonds 2 31 or other indebtedness, or the imposition of, or 2 32 increase in, a voter-approved property tax levy or 2 33 local option sales tax by a city may only be placed on 2 34 the ballot at the following elections: 2 35 a. The regular city election. 2 36 b. The general election. 2 37 c. The primary election. 2 38 d. A special election held on the first Tuesday 2 39 after the first Monday in June in each odd-numbered 2 40 year. 2 41 Sec. 7. Section 75.1, unnumbered paragraph 3, Code 2 42 2001, is amended to read as follows: 2 43 When a proposition to authorize an issuance of 2 44 bonds has been submitted to the electors under this 2 45 section and the proposal fails to gain approval by the 2 46 required percentage of votes, such proposal, or any 2 47 proposal which incorporates any portion of the 2 48 defeated proposal, shall not be submitted to the 2 49 electors for a period of six months from the date of 2 50such regular or specialthe election. 3 1 Sec. 8. Section 174.17, subsection 1, paragraph b, 3 2 Code 2001, is amended to read as follows: 3 3 b. If at any time before the date fixed for taking 3 4 action for the issuance of the bonds, a petition 3 5 signed by three percent of the registered voters of 3 6 the county is filed with the board of supervisors, 3 7 asking that the question of issuing the bonds be 3 8 submitted to the registered voters, the board of 3 9 supervisors shall either by resolution declare the 3 10 proposal to issue the bonds to have been abandoned or 3 11 shall direct the county commissioner of elections to 3 12call a special election uponsubmit the question of 3 13 issuing the bonds at one of the elections specified in 3 14 section 39.26, subsection 1. The proposition of 3 15 issuing bonds under this subsection is not approved 3 16 unless the vote in favor of the proposition is equal 3 17 to at least sixty percent of the vote cast. If a 3 18 petition is not filed, or if a petition is filed and 3 19 the proposition of issuing the bonds is approved at an 3 20 election, the board of supervisors acting on behalf of 3 21 the society may proceed with the authorization and 3 22 issuance of the bonds. Bonds may be issued for the 3 23 purpose of refunding outstanding and previously issued 3 24 bonds under this subsection without otherwise 3 25 complying with the provisions of this subsection. 3 26 Sec. 9. Section 257.18, subsection 1, Code 2001, 3 27 is amended to read as follows: 3 28 1. An instructional support program that provides 3 29 additional funding for school districts is 3 30 established. A board of directors that wishes to 3 31 consider participating in the instructional support 3 32 program shall hold a public hearing on the question of 3 33 participation. The board shall set forth its 3 34 proposal, including the method that will be used to 3 35 fund the program, in a resolution and shall publish 3 36 the notice of the time and place of a public hearing 3 37 on the resolution. Notice of the time and place of 3 38 the public hearing shall be published not less than 3 39 ten nor more than twenty days before the public 3 40 hearing in a newspaper which is a newspaper of general 3 41 circulation in the school district. At the hearing, 3 42 or no later than thirty days after the date of the 3 43 hearing, the board shall take action to adopt a 3 44 resolution to participate in the instructional support 3 45 program for a period not exceeding five years or to 3 46 direct the county commissioner of elections to submit 3 47 the question of participation in the program for a 3 48 period not exceeding ten years to the registered 3 49 voters of the school district atthe next regular3 50school election or at a special electionone of the 4 1 elections specified in section 277.2. If the board 4 2 submits the question at an election and a majority of 4 3 those voting on the question favors participation in 4 4 the program, the board shall adopt a resolution to 4 5 participate and certify the results of the election to 4 6 the department of management. 4 7 Sec. 10. Section 257.18, subsection 2, unnumbered 4 8 paragraph 1, Code 2001, is amended to read as follows: 4 9 If the board does not provide for an election and 4 10 adopts a resolution to participate in the 4 11 instructional support program, the district shall 4 12 participate in the instructional support program 4 13 unless within twenty-eight days following the action 4 14 of the board, the secretary of the board receives a 4 15 petition containing the required number of signatures, 4 16 asking that an election be called to approve or 4 17 disapprove the action of the board in adopting the 4 18 instructional support program. The petition must be 4 19 signed by eligible electors equal in number to not 4 20 less than one hundred or thirty percent of the number 4 21 of voters at the last preceding regular school 4 22 election, whichever is greater. The board shall 4 23 either rescind its action or direct the county 4 24 commissioner of elections to submit the question to 4 25 the registered voters of the school district atthe4 26next following regular school election or a special4 27electionone of the elections specified in section 4 28 277.2. If a majority of those voting on the question 4 29 at the election favors disapproval of the action of 4 30 the board, the district shall not participate in the 4 31 instructional support program. If a majority of those 4 32 voting on the question favors approval of the action, 4 33 the board shall certify the results of the election to 4 34 the department of management and the district shall 4 35 participate in the program. 4 36 Sec. 11. Section 257.29, unnumbered paragraph 1, 4 37 Code 2001, is amended to read as follows: 4 38 An educational improvement program is established 4 39 to provide additional funding for school districts in 4 40 which the regular program district cost per pupil for 4 41 a budget year is one hundred ten percent of the 4 42 regular program state cost per pupil for the budget 4 43 year and which have approved the use of the 4 44 instructional support program established in section 4 45 257.18. A board of directors that wishes to consider 4 46 participating in the educational improvement program 4 47 shall hold a hearing on the question of participation 4 48 and the maximum percent of the regular program 4 49 district cost of the district that will be used. The 4 50 hearing shall be held in the manner provided in 5 1 section 257.18 for the instructional support program. 5 2 Following the hearing, the board may direct the county 5 3 commissioner of elections to submit the question to 5 4 the registered voters of the school district atthe5 5next following regular school election or a special5 6election held not later than the following February 15 7 one of the elections specified in section 277.2 next 5 8 following the hearing. If a majority of those voting 5 9 on the question favors participation in the program, 5 10 the board shall adopt a resolution to participate and 5 11 shall certify the results of the election to the 5 12 department of management and the district shall 5 13 participate in the program beginning in the fiscal 5 14 year following the year of the election. If a 5 15 majority of those voting on the question does not 5 16 favor participation, the district shall not 5 17 participate in the program. 5 18 Sec. 12. Section 260C.28, subsection 3, Code 2001, 5 19 is amended to read as follows: 5 20 3. If the board of directors wishes to certify for 5 21 a levy under subsection 2, the board shall direct the 5 22 county commissioner of elections tocall an election5 23tosubmit the question of such authorization for the 5 24 board ata regular or special electionone of the 5 25 elections specified in section 277.2. If a majority 5 26 of those voting on the question at the election favors 5 27 authorization of the board to make such a levy, the 5 28 board may certify for a levy as provided under 5 29 subsection 2 during each of the ten years following 5 30 the election. If a majority of those voting on the 5 31 question at the election does not favor authorization 5 32 of the board to make a levy under subsection 2, the 5 33 board shall not submit the question to the voters 5 34 again until three hundred fifty-five days have elapsed 5 35 from the election. 5 36 Sec. 13. Section 277.2, Code 2001, is amended to 5 37 read as follows: 5 38 277.2 SPECIAL ELECTION. 5 39 1. The board of directors in a school corporation 5 40 may call a special election at which the voters shall 5 41 have the powers exercised at the regular election with 5 42 reference to the sale of school property and the 5 43 application to be made of the proceeds, the 5 44 authorization of seven members on the board of 5 45 directors, the authorization to establish or change 5 46 the boundaries of director districts, and the 5 47 authorization of a voter-approved physical plant and 5 48 equipment levy or indebtedness, as provided by law. 5 49 2. A proposition authorizing the issuance of bonds 5 50 or other indebtedness, or the imposition of, or 6 1 increase in, a voter-approved property tax levy, local 6 2 option sales tax, or local income surtax, by a school 6 3 corporation may only be placed on the ballot at the 6 4 following elections: 6 5 a. The regular city election. 6 6 b. The general election. 6 7 c. The primary election. 6 8 d. A special election held on the first Tuesday 6 9 after the first Monday in June in the odd-numbered 6 10 year. 6 11 Sec. 14. Section 278.1, unnumbered paragraph 2, 6 12 Code 2001, is amended to read as follows: 6 13 The board may, with approval of sixty percent of 6 14 the voters, votingin a regular or special election in6 15the school districtat one of the elections specified 6 16 in section 277.2, make extended time contracts not to 6 17 exceed twenty years in duration for rental of 6 18 buildings to supplement existing schoolhouse 6 19 facilities; and where it is deemed advisable for 6 20 buildings to be constructed or placed on real estate 6 21 owned by the school district, these contracts may 6 22 include lease-purchase option agreements, the amounts 6 23 to be paid out of the physical plant and equipment 6 24 levy fund. 6 25 Sec. 15. Section 279.39, Code 2001, is amended to 6 26 read as follows: 6 27 279.39 SCHOOL BUILDINGS. 6 28 The board of any school corporation shall establish 6 29 attendance centers and provide suitable buildings for 6 30 each school in the district and may at the regular or 6 31 a special meetingcall a special electiondirect the 6 32 county commissioner of elections to submit to the 6 33 registered voters of the district the question of 6 34 voting a tax or authorizing the board to issue bonds, 6 35 or both, at one of the elections specified in section 6 36 277.2. 6 37 Sec. 16. Section 298.9, Code 2001, is amended to 6 38 read as follows: 6 39 298.9 SPECIAL LEVIES. 6 40 If the voter-approved physical plant and equipment 6 41 levy, consisting solely of a physical plant and 6 42 equipment property tax levy, is voted ata special6 43electionone of the elections specified in section 6 44 277.2, and certified to the board of supervisors after 6 45 the regular levy is made, the board shall at its next 6 46 regular meeting levy the tax and cause it to be 6 47 entered upon the tax list to be collected as other 6 48 school taxes. If the certification is filed prior to 6 49 May 1, the annual levy shall begin with the tax levy 6 50 of the year of filing. If the certification is filed 7 1 after May 1 in a year, the levy shall begin with the 7 2 levy of the fiscal year succeeding the year of the 7 3 filing of the certification. 7 4 Sec. 17. Section 298.18, unnumbered paragraphs 4 7 5 and 6, Code 2001, are amended to read as follows: 7 6 The amount estimated and certified to apply on 7 7 principal and interest for any one year may exceed two 7 8 dollars and seventy cents per thousand dollars of 7 9 assessed value by the amount approved by the voters of 7 10 the school corporation, but not exceeding four dollars 7 11 and five cents per thousand of the assessed value of 7 12 the taxable property within any school corporation, 7 13 provided that thequalifiedregistered voters ofsuch7 14 the school corporation have first approvedsuchthe 7 15 increased amount ata special election, which may be7 16held at the same time as the regular school election7 17 one of the elections specified in section 277.2. The 7 18 proposition submitted to the voters at such special 7 19 election shall be in substantially the following form: 7 20 Notice of the election shall be given by the county 7 21 commissioner of elections according to section 49.53. 7 22 Theelection shall be held on a datenotice must be 7 23 published not less than four nor more than twenty days 7 24after the last publication of the noticebefore the 7 25 election. Atsuchthe election the ballot used for 7 26 the submission ofsaidthe proposition shall be in 7 27 substantially the form for submitting special 7 28 questions at general elections.TheIf a special 7 29 election, the county commissioner of elections shall 7 30 conduct the election pursuant to the provisions of 7 31 chapters 39 to 53 and certify the results to the board 7 32 of directors.SuchThe proposition shall not be 7 33 deemedcarried oradopted unless the vote in favor of 7 34suchthe proposition is equal to at least sixty 7 35 percent of the total vote cast for and againstsaid7 36 the proposition atsaidthe election. Whenever such a 7 37 proposition has been approved by the voters of a 7 38 school corporation ashereinbeforeprovided in this 7 39 section, no further approval of the voters ofsuchthe 7 40 school corporation shall be required as a result of 7 41 any subsequent change in the boundaries ofsuchthe 7 42 school corporation. 7 43 Sec. 18. Section 298.18A, subsection 2, Code 2001, 7 44 is amended to read as follows: 7 45 2. The adjustment shall not result in a total 7 46 amount levied in excess of the two dollar and seventy 7 47 cent per thousand dollars of assessed valuation limit 7 48 provided in section 298.18. An adjustment in excess 7 49 of the two dollar and seventy cent per thousand 7 50 dollars of assessed valuation limit shall be subject 8 1 to thespecialelection provisions for increases of up 8 2 to four dollars and five cents per thousand dollars of 8 3 assessed valuation provisions of section 298.18. 8 4 Sec. 19. Section 298.21, unnumbered paragraph 1, 8 5 Code 2001, is amended to read as follows: 8 6 The board of directors of any school corporation 8 7 when authorized by the voters atthe regular election8 8or at a special election called for that purpose,one 8 9 of the elections specified in section 277.2 may issue 8 10 the negotiable, interest-bearing school bonds of said 8 11 corporation for borrowing money for any or all of the 8 12 following purposes: 8 13 Sec. 20. Section 300.2, unnumbered paragraphs 1 8 14 and 2, Code 2001, are amended to read as follows: 8 15 The board of directors of a school district may, 8 16 and upon receipt of a petition signed by eligible 8 17 electors equal in number to at least twenty-five 8 18 percent of the number of voters at the last preceding 8 19 school election, shall, direct the county commissioner 8 20 of elections to submit to the registered voters of the 8 21 school district the question of whether to levy a tax 8 22 of not to exceed thirteen and one-half cents per 8 23 thousand dollars of assessed valuation for public 8 24 educational and recreational activities authorized 8 25 under this chapter.If at the time of filing the8 26petition, it is more than three months until the next8 27regular school election, theThe board of directors 8 28 shall submit the question ata special election within8 29sixty days. Otherwise, the question shall be8 30submitted at the next regular school electionone of 8 31 the elections specified in section 277.2. 8 32 If a majority of the votes cast upon the 8 33 proposition is in favor of the proposition, the board 8 34 shall certify the amount required for a fiscal year to 8 35 the county board of supervisors by April 15 of the 8 36 fiscal year preceding the fiscal year in which the tax 8 37 will be levied. The board of supervisors shall levy 8 38 the amount certified. The amount shall be placed in 8 39 the public education and recreation levy fund of the 8 40 district and shall be used only for the purposes 8 41 specified in this chapter. 8 42 Sec. 21. Section 331.301, subsection 10, paragraph 8 43 e, subparagraph (2), subparagraph divisions (a) and 8 44 (b), Code 2001, are amended to read as follows: 8 45 (a) The board must institute proceedings for 8 46 entering into a lease or lease-purchase contract 8 47 payable from the general fund by causing a notice of 8 48 the meeting to discuss entering into the lease or 8 49 lease-purchase contract, including a statement of the 8 50 principal amount and purpose of the lease or lease- 9 1 purchase and the right to petition foran electionthe 9 2 proposition to be submitted at one of the elections 9 3 specified in section 39.26, subsection 1, to be 9 4 published as provided in section 331.305 at least ten 9 5 days prior to the discussion meeting. No sooner than 9 6 thirty days following the discussion meeting shall the 9 7 board hold a meeting at which it is proposed to take 9 8 action to enter into the lease or lease-purchase 9 9 contract. 9 10 (b) If at any time before the end of the thirty- 9 11 day period after which a meeting may be held to take 9 12 action to enter into the lease or lease-purchase 9 13 contract, a petition is filed with the auditor in the 9 14 manner provided by section 331.306, asking that the 9 15 question of entering into the lease or lease-purchase 9 16 contract be submitted to the registered voters of the 9 17 county, the board shall either by resolution declare 9 18 the proposal to enter into the lease or lease-purchase 9 19 contract to have been abandoned or shall direct the 9 20 county commissioner of elections tocall a special9 21election uponsubmit the question of entering into the 9 22 lease or lease-purchase contract at one of the 9 23 elections specified in section 39.26, subsection 1. 9 24 However, for purposes of this subparagraph, the 9 25 petition shall not require signatures in excess of one 9 26 thousand persons. The question to be placed on the 9 27 ballot shall be stated affirmatively in substantially 9 28 the following manner: Shall the county of .... enter 9 29 into a lease or lease-purchase contract in an amount 9 30 of $.... for the purpose of ....? Notice of the 9 31 election and its conduct shall be in the manner 9 32 provided in section 331.442, subsections 2 through 4. 9 33 Sec. 22. Section 331.402, subsection 3, paragraph 9 34 d, subparagraph (2), subparagraph subdivisions (a) and 9 35 (b), Code 2001, are amended to read as follows: 9 36 (a) The board must institute proceedings for 9 37 entering into a loan agreement payable from the 9 38 general fund by causing a notice of the meeting to 9 39 discuss entering into the loan agreement, including a 9 40 statement of the principal amount and purpose of the 9 41 loan agreement and the right to petition foran9 42electionthe proposition to be submitted at one of the 9 43 elections specified in section 39.26, subsection 1, to 9 44 be published as provided in section 331.305 at least 9 45 ten days prior to the discussion meeting. No sooner 9 46 than thirty days following the discussion meeting 9 47 shall the board hold a meeting at which it is proposed 9 48 to take action to enter into the loan agreement. 9 49 (b) If at any time before the end of the thirty- 9 50 day period after which a meeting may be held to take 10 1 action to enter into the loan agreement, a petition is 10 2 filed with the auditor in the manner provided by 10 3 section 331.306 asking that the question of entering 10 4 into the loan agreement be submitted to the registered 10 5 voters of the county, the board shall either by 10 6 resolution declare the proposal to enter into the loan 10 7 agreement to have been abandoned or shall direct the 10 8 county commissioner of elections tocall a special10 9election uponsubmit the question of entering into the 10 10 loan agreement at one of the elections specified in 10 11 section 39.26, subsection 1. However, for purposes of 10 12 this subparagraph, the petition shall not require 10 13 signatures in excess of one thousand persons. The 10 14 question to be placed on the ballot shall be stated 10 15 affirmatively in substantially the following manner: 10 16 Shall the county of .... enter into a loan agreement 10 17 in amount of $.... for the purpose of ....? Notice of 10 18 the election and its conduct shall be in the manner 10 19 provided in section 331.442, subsections 2 through 4. 10 20 Sec. 23. Section 331.441, subsection 2, paragraph 10 21 b, subparagraph (7), Code 2001, is amended to read as 10 22 follows: 10 23 (7) Enlargement and improvement of a county 10 24 hospital acquired and operated under chapter 347A, 10 25 subject to a maximum of two percent of the assessed 10 26 value of the taxable property in the county. However, 10 27 notice of the proposed bond issue shall be published 10 28 once each week for two consecutive weeks and if, 10 29 within twenty days following the date of the first 10 30 publication, a petition requestingan election onthat 10 31 the proposal be submitted at one of the elections 10 32 specified in section 39.26, subsection 1, and signed 10 33 byqualifiedregistered voters of the county equal to 10 34 at least twenty percent of the votes cast at the 10 35 preceding election for governor is filed with the 10 36 county auditor, the proposal is subject to the 10 37 election requirements in section 331.442, subsections 10 38 2, 3 and 4 for general county purpose bonds. 10 39 Sec. 24. Section 331.441, subsection 2, paragraph 10 40 b, subparagraph (12), subparagraph subdivision (b), 10 41 Code 2001, is amended to read as follows: 10 42 (b)GeneralThe proposition to issue general 10 43 obligation bonds for the purposes described in this 10 44 subparagraphareis subject toanelectionheldin the 10 45 manner provided in section 331.442, subsections 1 10 46 through 4, if not later than fifteen days following 10 47 the action by the county board of supervisors, 10 48 eligible voters file a petition with the county 10 49 commissioner of elections asking that the question of 10 50 issuing the bonds be submitted to the registered 11 1 voters of the special service area tax district. The 11 2 petition must be signed by at least five percent of 11 3 the registered voters residing in the special service 11 4 area tax district. If the petition is duly filed 11 5 within the fifteen days, the board of supervisors 11 6 shall either adopt a resolution declaring that the 11 7 proposal to issue the bonds is abandoned, or direct 11 8 the county commissioner of elections tocall a special11 9electionsubmit the proposition within a special 11 10 service area tax districtupon the question of issuing11 11the bondsat one of the elections specified in section 11 12 39.26, subsection 1. 11 13 Sec. 25. Section 331.441, subsection 2, paragraph 11 14 c, subparagraph (3), Code 2001, is amended to read as 11 15 follows: 11 16 (3) The building and maintenance of a bridge over 11 17 state boundary line streams. The board shall submit a 11 18 proposition under this subparagraphto an electionat 11 19 one of the elections specified in section 39.26, 11 20 subsection 1, upon receipt of a petition which is 11 21 valid under section 331.306. 11 22 Sec. 26. Section 331.442, subsection 2, unnumbered 11 23 paragraph 1, Code 2001, is amended to read as follows: 11 24 Before the board may institute proceedings for the 11 25 issuance of bonds for a general county purpose, it 11 26 shall calla county special election to vote upon the11 27question of issuing the bondsfor the proposition to 11 28 issue the bonds to be submitted at one of the 11 29 elections specified in section 39.26, subsection 1. 11 30 At the election the proposition shall be submitted in 11 31 the following form: 11 32 Sec. 27. Section 331.442, subsection 3, Code 2001, 11 33 is amended to read as follows: 11 34 3. Notice of theelectionballot measure shall be 11 35 given by publication as specified in section 331.305. 11 36At the electionIf the measure is submitted at a 11 37 special election, the ballot used for the submission 11 38 of the proposition shall be in substantially the form 11 39 for submitting special questions at general elections. 11 40 Sec. 28. Section 331.442, subsection 5, paragraph 11 41 a, unnumbered paragraph 1, Code 2001, is amended to 11 42 read as follows: 11 43 Notwithstanding subsection 2, a board, in lieu of 11 44calling ansubmitting the proposition at election, may 11 45 institute proceedings for the issuance of bonds for a 11 46 general county purpose by causing a notice of the 11 47 proposal to issue the bonds, including a statement of 11 48 the amount and purpose of the bonds, and the right to 11 49 petition for an election, to be published as provided 11 50 in section 331.305 at least ten days prior to the 12 1 meeting at which it is proposed to take action for the 12 2 issuance of the bonds subject to the following 12 3 limitations: 12 4 Sec. 29. Section 331.442, subsection 5, paragraph 12 5 b, Code 2001, is amended to read as follows: 12 6 b. If at any time before the date fixed for taking 12 7 action for the issuance of the bonds, a petition is 12 8 filed with the auditor in the manner provided by 12 9 section 331.306 asking that the question of issuing 12 10 the bonds be submitted to the registered voters of the 12 11 county, the board shall either by resolution declare 12 12 the proposal to issue the bonds to have been abandoned 12 13 or shall direct the county commissioner of elections 12 14 tocall a special election uponsubmit the question of 12 15 issuing the bonds at one of the elections specified in 12 16 section 39.26, subsection 1. Notice of theelection12 17and its conductballot measure shall be in the manner 12 18 provided in subsections 2, 3 and 4. 12 19 Sec. 30. Section 331.447, subsection 1, paragraph 12 20 b, unnumbered paragraph 1, Code 2001, is amended to 12 21 read as follows: 12 22 The amount estimated and certified to apply on 12 23 principal and interest for any one year may only 12 24 exceed the statutory rate of levy limit, if any, by 12 25 the amount that the registered voters of the county 12 26 have approved ata specialelection, which may beheld12 27at the same time as the general election and may be12 28 included in the proposition authorizing the issuance 12 29 of bonds, if an election on the proposition is 12 30 necessary, or may be submitted as a separate 12 31 proposition at the same election or at a different 12 32 election as specified in section 39.26, subsection 1. 12 33 Notice of theelectionballot measure shall be given 12 34 as specified in section 331.305. If the proposition 12 35 includes issuing bonds and increasing the levy limit, 12 36 it shall be in substantially the following form: 12 37 Sec. 31. Section 346.27, subsection 10, Code 2001, 12 38 is amended to read as follows: 12 39 10. After the incorporation of an authority, and 12 40 before the sale of any issue of revenue bonds, except 12 41 refunding bonds, the authority shall submitin a12 42singleat one of the countywideelectionelections 12 43 specified in section 39.26 to the registered voters of 12 44 the city and county, at a general, primary, or special12 45election called for that purpose,the question of 12 46 whether an authority shall issue and sell revenue 12 47 bonds, stating the amount, for any of the purposes for 12 48 which it is incorporated. An affirmative vote of a 12 49 majority of the votes cast on the proposition is 12 50 required to authorize the issuance and sale of revenue 13 1 bonds. A notice of the election shall be published 13 2 once each week for at least two weeks in some 13 3 newspaper published in the county. The notice shall 13 4 name the time when the question shall be submitted, 13 5 and a copy of the question to be submitted shall be 13 6 posted at each polling place during the day of 13 7 election. The authority shall call this election with 13 8 the concurrence of both incorporating units, and it 13 9 shall establish the voting precincts and polling 13 10 places, and appoint the election judges, and in so 13 11 doing such election procedures shall be in accordance 13 12 with the provisions of chapters 49 and 50. 13 13 Sec. 32. Section 364.4, subsection 4, paragraph e, 13 14 subparagraph (2), subparagraph subdivision (b), Code 13 15 2001, is amended to read as follows: 13 16 (b) If at any time before the end of the thirty- 13 17 day period after which a meeting may be held to take 13 18 action to enter into the lease or lease-purchase 13 19 contract, a petition is filed with the clerk of the 13 20 city in the manner provided by section 362.4, asking 13 21 that the question of entering into the lease or lease- 13 22 purchase contract be submitted to the registered 13 23 voters of the city, the governing body shall either by 13 24 resolution declare the proposal to enter into the 13 25 lease or lease-purchase contract to have been 13 26 abandoned or shall direct the county commissioner of 13 27 elections tocall a special election uponsubmit the 13 28 question of entering into the lease or lease-purchase 13 29 contract at one of the elections specified in section 13 30 39.26, subsection 2. However, for purposes of this 13 31 subparagraph, the petition shall not require 13 32 signatures in excess of one thousand persons. The 13 33 question to be placed on the ballot shall be stated 13 34 affirmatively in substantially the following manner: 13 35 Shall the city of .... enter into a lease or lease- 13 36 purchase contract in amount of $.... for the purpose 13 37 of ....? Notice of the election and its conduct shall 13 38 be in the manner provided in section 384.26, 13 39 subsections 2 through 4. 13 40 Sec. 33. Section 384.12, subsection 1, paragraph 13 41 a, Code 2001, is amended to read as follows: 13 42 a. Upon receipt of a petition valid under the 13 43 provisions of section 362.4, the council shall submit 13 44 to the voters atthe next regular city electionone of 13 45 the elections specified in section 39.26, subsection 13 46 2, the question of whether a tax shall be levied. 13 47 Sec. 34. Section 384.12, subsections 5 and 6, Code 13 48 2001, are amended to read as follows: 13 49 5. A tax to aid in the construction of a county 13 50 bridge, subject to the provisions of subsection 1,14 1except that the question must be submitted at a14 2special election. The expense of a special election 14 3 under this subsection must be paid by the county. The 14 4 notice of thespecial electionballot measure must 14 5 include full details of the proposal, including the 14 6 location of the proposed bridge, the rate of tax to be 14 7 levied, and all other conditions. 14 8 6. A tax to aid a company incorporated under the 14 9 laws of this state in the construction of a highway or 14 10 combination bridge across any navigable boundary river 14 11 of this state, commencing or terminating in the city 14 12 and suitable for use as highway, or for both highway 14 13 and railway purposes. This tax levy is subject to the 14 14 provisions of subsections 1 and 5. The levy is 14 15 limited to one dollar and thirty-five cents per 14 16 thousand dollars of the assessed value of taxable 14 17 property in the city. The estimated cost of the 14 18 bridge must be at least ten thousand dollars, and the 14 19 city aid may not exceed one-half of the estimated 14 20 cost. The notice of thespecial electionballot 14 21 measure must include the name of the corporation to be 14 22 aided, and all conditions required of the corporation. 14 23 Tax moneys received for this purpose may not be paid 14 24 over by the county treasurer until the city has filed 14 25 a statement that the corporation has complied with all 14 26 conditions. 14 27 Sec. 35. Section 384.12, subsection 9, unnumbered 14 28 paragraph 1, Code 2001, is amended to read as follows: 14 29 A tax for aid to a public transportation company, 14 30 subject to the procedure provided in subsection 1,14 31except the question must be submitted at a special14 32election. The levy is limited to three and three- 14 33 eighths cents per thousand dollars of assessed value. 14 34 In addition to any other conditions the following 14 35 requirements must be met before moneys received for 14 36 this purpose may be paid over by the county treasurer: 14 37 Sec. 36. Section 384.12, subsection 20, Code 2001, 14 38 is amended to read as follows: 14 39 20. a. A tax that exceeds any tax levy limit 14 40 within this chapter, provided the question has been 14 41 submitted ata special levy electionone of the 14 42 elections specified in section 39.26, subsection 2, 14 43 and received a simple majority of the votes cast on 14 44 the proposition to authorize the enumerated levy limit 14 45 to be exceeded for the proposed budget year. 14 46a. The election may be held as specified in this14 47subsection if notice is given by the city council, not14 48later than thirty-two days before the second Tuesday14 49in March, to the county commissioner of elections that14 50the election is to be held.15 1b. An election under this subsection shall be held15 2on the second Tuesday in March and be conducted by the15 3county commissioner of elections in accordance with15 4the law.15 5c.b. The ballot question shall be in 15 6 substantially the following form: 15 7 WHICH TAX LEVY SHALL BE ADOPTED FOR THE CITY OF 15 8 ........? 15 9 (Vote for only one of the following choices.) 15 10 CHANGE LEVY AMOUNT .................... 15 11 Add to the existing levy amount a tax for the 15 12 purpose of .......... (state purpose of proposed levy) 15 13 at a rate of ... (rate) which will provide an 15 14 additional $.... (amount). 15 15 KEEP CURRENT LEVY .................... 15 16 Continue under the current maximum rate of ..., 15 17 providing $.... (amount). 15 18d.c. The commissioner of elections conducting the 15 19 election shall notify the city officials and other 15 20 county auditors where applicable, of the results 15 21 within two days of the canvass which shall be held 15 22 beginning at one o'clock on the second day following 15 23 thespecial levyelection. 15 24e.d. Notice of theelectionballot measure shall 15 25 be published twice in accordance with the provisions 15 26 of section 362.3, except that the first such notice 15 27 shall be given at least two weeks before the election. 15 28f.e.TheIf a special election, the cost of the 15 29 election shall be borne by the city. 15 30g. The election provisions of this subsection15 31shall supersede other provisions for elections only to15 32the extent necessary to comply with the provisions15 33hereof.15 34h.f. The provisions of this subsection apply to 15 35 all cities, however organized, including special 15 36 charter cities which may adopt ordinances where 15 37 necessary to carry out these provisions. 15 38i.g. The council shall certify the city's budget 15 39 with the tax askings not exceeding the amount approved 15 40 by thespecial levyelection. 15 41 Sec. 37. Section 384.24A, subsection 4, paragraph 15 42 b, subparagraph (2), Code 2001, is amended to read as 15 43 follows: 15 44 (2) If at any time before the end of the thirty- 15 45 day period after which a meeting may be held to take 15 46 action to enter into the loan agreement, a petition is 15 47 filed with the clerk of the city in the manner 15 48 provided by section 362.4, asking that the question of 15 49 entering into the loan agreement be submitted to the 15 50 registered voters of the city, the governing body 16 1 shall either by resolution declare the proposal to 16 2 enter into the loan agreement to have been abandoned 16 3 or shall direct the county commissioner of elections 16 4 tocall a special election uponsubmit the question of 16 5 entering into the loan agreement at one of the 16 6 elections specified in section 39.26, subsection 2. 16 7 However, for purposes of this paragraph, the petition 16 8 shall not require signatures in excess of one thousand 16 9 persons. The question to be placed on the ballot 16 10 shall be stated affirmatively in substantially the 16 11 following manner: Shall the city of .... enter into a 16 12 loan agreement in amount of $.... for the purpose of 16 13 ....? Notice of theelection and its conductballot 16 14 measure shall be in the manner provided in section 16 15 384.26, subsections 2 through 4. 16 16 Sec. 38. Section 384.26, subsection 2, unnumbered 16 17 paragraph 1, Code 2001, is amended to read as follows: 16 18 Before the council may institute proceedings for 16 19 the issuance of bonds for a general corporate purpose, 16 20 it shallcall a special city election to vote upon16 21 direct the county commissioner of elections to submit 16 22 the question of issuing the bonds at one of the 16 23 elections specified in section 39.26, subsection 2. 16 24 At the election the proposition must be submitted in 16 25 the following form: 16 26 Sec. 39. Section 384.26, subsection 3, Code 2001, 16 27 is amended to read as follows: 16 28 3. Notice of theelectionballot measure must be 16 29 given by publication as required by section 49.53 in a 16 30 newspaper of general circulation in the city. At the 16 31 election the ballot used for the submission of the 16 32 proposition must be in substantially the form for 16 33 submitting special questions at general elections. 16 34 Sec. 40. Section 384.26, subsection 5, paragraph 16 35 a, unnumbered paragraph 1, Code 2001, is amended to 16 36 read as follows: 16 37 Notwithstanding the provisions of subsection 2, a 16 38 council may, in lieu ofcalling ansubmitting the 16 39 proposition at election, institute proceedings for the 16 40 issuance of bonds for a general corporate purpose by 16 41 causing a notice of the proposal to issue the bonds, 16 42 including a statement of the amount and purpose of the 16 43 bonds, together with the maximum rate of interest 16 44 which the bonds are to bear, and the right to petition 16 45 for an election, to be published at least once in a 16 46 newspaper of general circulation within the city at 16 47 least ten days prior to the meeting at which it is 16 48 proposed to take action for the issuance of the bonds 16 49 subject to the following limitations: 16 50 Sec. 41. Section 384.26, subsection 5, paragraph 17 1 b, Code 2001, is amended to read as follows: 17 2 b. If at any time before the date fixed for taking 17 3 action for the issuance of the bonds, a petition is 17 4 filed with the clerk of the city in the manner 17 5 provided by section 362.4, asking that the question of 17 6 issuing the bonds be submitted to the registered 17 7 voters of the city, the council shall either by 17 8 resolution declare the proposal to issue the bonds to 17 9 have been abandoned or shall direct the county 17 10 commissioner of elections tocall a special election17 11uponsubmit the question of issuing the bonds at one 17 12 of the elections specified in section 39.26, 17 13 subsection 2. Notice of theelection and its conduct17 14 ballot measure shall be in the manner provided in the 17 15 preceding subsections of this section. 17 16 Sec. 42. Section 384.84A, subsection 2, unnumbered 17 17 paragraph 1, Code 2001, is amended to read as follows: 17 18 If, before the date fixed for taking action to 17 19 authorize the issuance of revenue bonds for the storm 17 20 water drainage construction project, a petition signed 17 21 by three percent of the registered voters of the city, 17 22 asking that the question of issuing revenue bonds for 17 23 the storm water drainage construction project be 17 24 submitted to the registered voters of the city, the 17 25 council, by resolution, shall declare the project 17 26 abandoned or shall direct the county commissioner of 17 27 elections tocall a special election uponsubmit the 17 28 question of issuing the bonds for the storm water 17 29 drainage construction project at one of the elections 17 30 specified in section 39.26, subsection 2, if the cost 17 31 of the project and population of the city meet one of 17 32 the following criteria: 17 33 Sec. 43. Section 422A.1, unnumbered paragraph 3, 17 34 Code 2001, is amended to read as follows: 17 35 A city or county shall impose a hotel and motel tax 17 36 or increase the tax rate, only after an election at 17 37 which a majority of those voting on the question 17 38 favors imposition or increase. However, a hotel and 17 39 motel tax shall not be repealed or reduced in rate if 17 40 obligations are outstanding which are payable as 17 41 provided in section 422A.2, unless funds sufficient to 17 42 pay the principal, interest, and premium, if any, on 17 43 the outstanding obligations at and prior to maturity 17 44 have been properly set aside and pledged for that 17 45 purpose.The election shall be held at the time of17 46that city's or county's general election or at the17 47time of a special election.For a county, the 17 48 question shall be submitted at one of the elections 17 49 specified in section 39.26, subsection 1, and for a 17 50 city, the question shall be submitted at one of the 18 1 elections specified in section 39.26, subsection 2. 18 2 Sec. 44. Section 422A.2, subsection 4, paragraph 18 3 f, unnumbered paragraphs 1 and 2, Code 2001, are 18 4 amended to read as follows: 18 5 A city or county acting on behalf of an 18 6 unincorporated area may, in lieu of callinganfor the 18 7 question to be placed on the ballot at election, 18 8 institute proceedings for the issuance of bonds under 18 9 this section by causing a notice of the proposal to 18 10 issue the bonds, including a statement of the amount 18 11 and purpose of the bonds, together with the maximum 18 12 rate of interest which the bonds are to bear, and the 18 13 right to petition for an election, to be published at 18 14 least once in a newspaper of general circulation 18 15 within the city or unincorporated area at least ten 18 16 days prior to the meeting at which it is proposed to 18 17 take action for the issuance of the bonds. 18 18 If at any time before the date fixed for taking 18 19 action for the issuance of the bonds, a petition 18 20 signed by three percent of the registered voters of 18 21 the city or unincorporated area, asking that the 18 22 question of issuing the bonds be submitted to the 18 23 registered voters of the city or unincorporated area, 18 24 the council or board of supervisors acting on behalf 18 25 of an unincorporated area shall either by resolution 18 26 declare the proposal to issue the bonds to have been 18 27 abandoned or shall direct the county commissioner of 18 28 elections tocall a special election uponsubmit the 18 29 question of issuing the bonds to the voters. For a 18 30 county, the question shall be submitted at one of the 18 31 elections specified in section 39.26, subsection 1. 18 32 For a city, the question shall be submitted at one of 18 33 the elections specified in section 39.26, subsection 18 34 2. 18 35 Sec. 45. Section 422B.1, subsection 5, Code 2001, 18 36 is amended to read as follows: 18 37 5. The county commissioner of elections shall 18 38 submit the question of imposition of a local option 18 39 tax ata state general election or at a special18 40election held at any time other than the time of a18 41city regular electionone of the elections specified 18 42 in section 39.26, subsection 1.The election shall18 43not be held sooner than sixty days after publication18 44of notice of the ballot proposition.Notice of the 18 45 ballot measure shall be published at least sixty days 18 46 before the election. The ballot proposition shall 18 47 specify the type and rate of tax and in the case of a 18 48 vehicle tax the classes that will be exempt and in the 18 49 case of a local sales and services tax the date it 18 50 will be imposed which date shall not be earlier than 19 1 ninety days following the election. The ballot 19 2 proposition shall also specify the approximate amount 19 3 of local option tax revenues that will be used for 19 4 property tax relief and shall contain a statement as 19 5 to the specific purpose or purposes for which the 19 6 revenues shall otherwise be expended. If the county 19 7 board of supervisors decides under subsection 6 to 19 8 specify a date on which the local option sales and 19 9 services tax shall automatically be repealed, the date 19 10 of the repeal shall also be specified on the ballot. 19 11 The rate of the vehicle tax shall be in increments of 19 12 one dollar per vehicle as set by the petition seeking 19 13 to impose the tax. The rate of a local sales and 19 14 services tax shall not be more than one percent as set 19 15 by the governing body. The state commissioner of 19 16 elections shall establish by rule the form for the 19 17 ballot proposition which form shall be uniform 19 18 throughout the state. 19 19 Sec. 46. Section 422B.12, subsection 4, paragraph 19 20 a, unnumbered paragraph 2, Code 2001, is amended to 19 21 read as follows: 19 22 If at any time before the date fixed for taking 19 23 action for the issuance of the bonds, a petition 19 24 signed by three percent of the registered voters of 19 25 the bond issuer is filed, asking that the question of 19 26 issuing the bonds be submitted to the registered 19 27 voters, the governing body shall either by resolution 19 28 declare the proposal to issue the bonds to have been 19 29 abandoned or shall direct the county commissioner of 19 30 elections tocall a special election uponsubmit the 19 31 question of issuing the bonds to the voters. For a 19 32 county, the question shall be submitted at one of the 19 33 elections specified in section 39.26, subsection 1. 19 34 For a city, the question shall be submitted at one of 19 35 the elections specified in section 39.26, subsection 19 36 2. The proposition of issuing bonds under this 19 37 subsection is not approved unless the vote in favor of 19 38 the proposition is equal to at least sixty percent of 19 39 the vote cast. If a petition is not filed, or if a 19 40 petition is filed and the proposition of issuing the 19 41 bonds is approved at an election, the governing body 19 42 acting on behalf of the issuer may proceed with the 19 43 authorization and issuance of the bonds. Bonds may be 19 44 issued for the purpose of refunding outstanding and 19 45 previously issued bonds under this subsection without 19 46 otherwise complying with the provisions of this 19 47 subsection. 19 48 Sec. 47. Section 422D.1, subsection 2, unnumbered 19 49 paragraph 1, Code 2001, is amended to read as follows: 19 50 The taxes for emergency medical services shall only 20 1 be imposed after an election at which a majority of 20 2 those voting on the question of imposing the tax or 20 3 combination of taxes specified in subsection 1, 20 4 paragraph "a" or "b", vote in favor of the question. 20 5 However, the tax or combination of taxes specified in 20 6 subsection 1 shall not be imposed on property within 20 7 or on residents of a benefited emergency medical 20 8 services district under chapter 357F. The question of 20 9 imposing the tax or combination of the taxes may be 20 10 submitted atthe regular city election, a special20 11election, or state general electionone of the 20 12 elections specified in section 39.26, subsection 2. 20 13 Notice of the question shall be provided by 20 14 publication at least sixty days before the time of the 20 15 election and shall identify the tax or combination of 20 16 taxes and the rate or rates, as applicable. If a 20 17 majority of those voting on the question approve the 20 18 imposition of the tax or combination of taxes, the tax 20 19 or combination of taxes shall be imposed as follows: 20 20 Sec. 48. Section 422E.2, subsection 2, paragraph 20 21 a, Code 2001, is amended to read as follows: 20 22 a. Upon receipt by a county board of supervisors 20 23 of a petition requesting imposition of a local sales 20 24 and services tax for infrastructure purposes, signed 20 25 by eligible electors of the whole county equal in 20 26 number to five percent of the persons in the whole 20 27 county who voted at the last preceding state general 20 28 election, the board shall within thirty days direct 20 29 the county commissioner of elections to submit the 20 30 question of imposition of the tax to the registered 20 31 voters of the whole county at one of the elections 20 32 specified in section 39.26, subsection 1. 20 33 Sec. 49. Section 422E.2, subsection 3, Code 2001, 20 34 is amended to read as follows: 20 35 3. The county commissioner of elections shall 20 36 submit the question of imposition of a local sales and 20 37 services tax for school infrastructure purposes ata20 38state general election or at a special election held20 39at any time other than the time of a city regular20 40electionone of the elections specified in section 20 41 39.26, subsection 1.The election shall not be held20 42sooner than sixty days after publication of notice of20 43the ballot proposition.The ballot proposition shall 20 44 be published at least sixty days before the election. 20 45 The ballot proposition shall specify the rate of tax, 20 46 the date the tax will be imposed and repealed, and 20 47 shall contain a statement as to the specific purpose 20 48 or purposes for which the revenues shall be expended. 20 49 The dates for the imposition and repeal of the tax 20 50 shall be as provided in subsection 1. The rate of tax 21 1 shall not be more than one percent as set by the 21 2 county board of supervisors. The state commissioner 21 3 of elections shall establish by rule the form for the 21 4 ballot proposition which form shall be uniform 21 5 throughout the state. 21 6 Sec. 50. Section 422E.2, subsection 4, paragraph 21 7 a, Code 2001, is amended to read as follows: 21 8 a. The tax may be repealed or the rate increased, 21 9 but not above one percent, or decreased after an 21 10 election at which a majority of those voting on the 21 11 question of repeal or rate change favored the repeal 21 12 or rate change. The election at which the question of 21 13 repeal or rate change is offered shall be called and 21 14 held in the same manner and under the same conditions 21 15 as provided in this section for the election on the 21 16 imposition of the tax.The election may be held at21 17any time but not sooner than sixty days following21 18publication of the ballot proposition.The ballot 21 19 proposition shall be published at least sixty days 21 20 before the election. However, the tax shall not be 21 21 repealed before it has been in effect for one year. 21 22 Sec. 51. Section 422E.2, subsection 4, paragraph 21 23 b, unnumbered paragraph 1, Code 2001, is amended to 21 24 read as follows: 21 25 Within ten days of the election at which a majority 21 26 of those voting on the question favors the imposition, 21 27 repeal, or change in the rate of the tax, the county 21 28 auditor shall give written notice by sending a copy of 21 29 the abstract of the votes from the favorable election 21 30 to the director of revenue and finance of the result 21 31 of the election.ElectionThe costs of placing the 21 32 question on the ballot at the election shall be 21 33 apportioned among school districts within the county 21 34 on a pro rata basis in proportion to the number of 21 35 registered voters in each school district and the 21 36 total number of registered voters in all of the school 21 37 districts within the county." 21 38 21 39 21 40 21 41 MILLAGE of Scott 21 42 HF 42.301 79 21 43 sc/cf
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