Text: HF00009 Text: HF00011 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 422B.1, subsection 4, Code 2001, is
1 2 amended to read as follow:
1 3 4. a. A county board of supervisors shall direct within
1 4 thirty days the county commissioner of elections to submit the
1 5 question of imposition of a local vehicle tax or a local sales
1 6 and services tax to the registered voters of the incorporated
1 7 and unincorporated areas of the county upon receipt of a
1 8 petition, requesting imposition of a local vehicle tax or a
1 9 local sales and services tax, signed by eligible electors of
1 10 the whole county equal in number to five percent of the
1 11 persons in the whole county who voted at the last preceding
1 12 state general election. However, if the petition is for a
1 13 local sales and services tax which is already imposed in some
1 14 areas of the county, the petition need only be signed by
1 15 eligible electors of those areas where the tax is not imposed
1 16 equal in number to five percent of the persons in those areas
1 17 who voted at the last preceding state general election. In
1 18 the case of a local vehicle tax, the petition requesting
1 19 imposition shall specify the rate of tax and the classes, if
1 20 any, that are to be exempt. If more than one valid petition
1 21 is received, the earliest received petition shall be used.
1 22 b. The question of the imposition of a local sales and
1 23 services tax shall be submitted to the registered voters of
1 24 the incorporated and unincorporated areas of the county upon
1 25 receipt by the county commissioner of elections of the motion
1 26 or motions, requesting such submission, adopted by the
1 27 governing body or bodies of the city or cities located within
1 28 the county or of the county, for the unincorporated areas of
1 29 the county, representing at least one-half of the population
1 30 of the county. However, if a local sales and services tax is
1 31 already imposed in some areas of the county, the motion or
1 32 motions requesting submission of the question of imposition of
1 33 the local tax must be adopted by the governing body or bodies
1 34 of those incorporated or unincorporated areas where the tax is
1 35 not imposed which represent at least one-half of the
2 1 population of all incorporated or unincorporated areas where
2 2 the tax is not proposed. Upon adoption of such motion, the
2 3 governing body of the city or county, for the unincorporated
2 4 areas, shall submit the motion to the county commissioner of
2 5 elections and in the case of the governing body of the city
2 6 shall notify the board of supervisors of the adoption of the
2 7 motion. The county commissioner of elections shall keep a
2 8 file on all the motions received and, upon reaching the
2 9 population requirements, shall publish notice of the ballot
2 10 proposition concerning the imposition of the local sales and
2 11 services tax. A motion ceases to be valid at the time of the
2 12 holding of the regular election for the election of members of
2 13 the governing body which adopted the motion. The county
2 14 commissioner of elections shall eliminate from the file any
2 15 motion that ceases to be valid. The manner provided under
2 16 this paragraph for the submission of the question of
2 17 imposition of a local sales and services tax is an alternative
2 18 to the manner provided in paragraph "a".
2 19 Sec. 2. EFFECTIVE DATE. This Act, being deemed of
2 20 immediate importance, takes effect upon enactment.
2 21 EXPLANATION
2 22 Current law provides two methods for requesting submission
2 23 of the question of the imposition of a local sales and
2 24 services tax. One method is to submit a petition signed by
2 25 eligible electors of the whole county equal to 5 percent of
2 26 those persons voting in the last preceding general election.
2 27 The second method is to submit motions adopted by the
2 28 governing bodies of the incorporated or unincorporated areas
2 29 of the county which represent at least 50 percent of the
2 30 countywide population.
2 31 The bill alters these two methods in the case where a local
2 32 sales and services tax is already imposed in the county but is
2 33 not imposed countywide. Under the first method, a petition
2 34 need only be signed by eligible electors of those areas where
2 35 the tax is not imposed equal to 5 percent of the persons
3 1 voting in those areas in the last preceding general election.
3 2 Under the second method, motions must be adopted by governing
3 3 bodies in the county of those areas where the tax is not
3 4 imposed with those areas adopting the motions having a
3 5 population equal to at least 50 percent of the population in
3 6 all areas in the county where the tax is not imposed.
3 7 The bill takes effect upon enactment.
3 8 LSB 1019HH 79
3 9 mg/pj/5
Text: HF00009 Text: HF00011 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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