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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