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Bills and Amendments: General Index     Bill History: General Index

House File 42

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 28E.17, subsection 3, paragraph a, Code
  1  2 2001, 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 to call a special election to
  1 12 vote upon submit the question of issuing the bonds at the next
  1 13 regular city election or at the next general election.  Notice
  1 14 of the election and its conduct ballot measure shall be in the
  1 15 manner provided in section 384.26.
  1 16    Sec. 2.  Section 28E.22, unnumbered paragraph 1, Code 2001,
  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 district at any general election or
  1 23 at 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 regular city election or the
  1 26 next general election.  In all other districts, the
  1 27 proposition must be placed on the general election ballot.
  1 28 The proposition shall provide for the establishment of a
  1 29 public safety fund and the levy of a tax on taxable property
  1 30 located in the district at rates not exceeding the rates
  1 31 specified in this section for the purpose of providing
  1 32 additional moneys for the operation of the district.
  1 33    Sec. 3.  Section 28E.39, unnumbered paragraph 1, Code 2001,
  1 34 is amended to read as follows:
  1 35    An agreement establishing a community cluster shall require
  2  1 the approval of the registered voters residing within the area
  2  2 of the cluster if the agreement provides for the sharing of
  2  3 revenues from ad valorem property taxes.  The proposition
  2  4 shall be submitted to the electorate by each governmental unit
  2  5 forming the community cluster to the electors residing within
  2  6 the area of the governmental unit at a the general election or
  2  7 at a special election the regular city election if the
  2  8 community cluster includes only cities.  However, if a county
  2  9 has designated only certain townships as being included within
  2 10 the community cluster, the proposition shall be submitted to
  2 11 the electorate of the county residing only in the townships
  2 12 included in the community cluster.
  2 13    Sec. 4.  Section 37.3, unnumbered paragraph 1, Code 2001,
  2 14 is amended to read as follows:
  2 15    Upon the filing of the requisite petition, the city council
  2 16 shall cause the proposition to be submitted at a the regular
  2 17 city election, or at a special the general election to be
  2 18 called if requested in the petition, in substantially the
  2 19 following form:
  2 20    Sec. 5.  NEW SECTION.  39.26  CITY AND COUNTY REGULAR
  2 21 ELECTIONS.
  2 22    A proposition authorizing the issuance of bonds or other
  2 23 indebtedness, or the imposition of, or increase in, a voter-
  2 24 approved property tax levy or local option sales tax by a city
  2 25 or county may only be placed on the ballot at the regular city
  2 26 election or general election, if a city, and on the ballot at
  2 27 the general election, if a county.
  2 28    Sec. 6.  Section 75.1, unnumbered paragraph 3, Code 2001,
  2 29 is amended to read as follows:
  2 30    When a proposition to authorize an issuance of bonds has
  2 31 been submitted to the electors under this section and the
  2 32 proposal fails to gain approval by the required percentage of
  2 33 votes, such proposal, or any proposal which incorporates any
  2 34 portion of the defeated proposal, shall not be submitted to
  2 35 the electors for a period of six months from the date of such
  3  1 regular or special the election.
  3  2    Sec. 7.  Section 174.17, subsection 1, paragraph b, Code
  3  3 2001, is amended to read as follows:
  3  4    b.  If at any time before the date fixed for taking action
  3  5 for the issuance of the bonds, a petition signed by three
  3  6 percent of the registered voters of the county is filed with
  3  7 the board of supervisors, asking that the question of issuing
  3  8 the bonds be submitted to the registered voters, the board of
  3  9 supervisors shall either by resolution declare the proposal to
  3 10 issue the bonds to have been abandoned or shall direct the
  3 11 county commissioner of elections to call a special election
  3 12 upon submit the question of issuing the bonds at the next
  3 13 general election.  The proposition of issuing bonds under this
  3 14 subsection is not approved unless the vote in favor of the
  3 15 proposition is equal to at least sixty percent of the vote
  3 16 cast.  If a petition is not filed, or if a petition is filed
  3 17 and the proposition of issuing the bonds is approved at an
  3 18 election, the board of supervisors acting on behalf of the
  3 19 society may proceed with the authorization and issuance of the
  3 20 bonds.  Bonds may be issued for the purpose of refunding
  3 21 outstanding and previously issued bonds under this subsection
  3 22 without otherwise complying with the provisions of this
  3 23 subsection.
  3 24    Sec. 8.  Section 257.18, subsection 1, Code 2001, is
  3 25 amended to read as follows:
  3 26    1.  An instructional support program that provides
  3 27 additional funding for school districts is established.  A
  3 28 board of directors that wishes to consider participating in
  3 29 the instructional support program shall hold a public hearing
  3 30 on the question of participation.  The board shall set forth
  3 31 its proposal, including the method that will be used to fund
  3 32 the program, in a resolution and shall publish the notice of
  3 33 the time and place of a public hearing on the resolution.
  3 34 Notice of the time and place of the public hearing shall be
  3 35 published not less than ten nor more than twenty days before
  4  1 the public hearing in a newspaper which is a newspaper of
  4  2 general circulation in the school district.  At the hearing,
  4  3 or no later than thirty days after the date of the hearing,
  4  4 the board shall take action to adopt a resolution to
  4  5 participate in the instructional support program for a period
  4  6 not exceeding five years or to direct the county commissioner
  4  7 of elections to submit the question of participation in the
  4  8 program for a period not exceeding ten years to the registered
  4  9 voters of the school district at the next regular school city
  4 10 election or at a special the next general election.  If the
  4 11 board submits the question at an election and a majority of
  4 12 those voting on the question favors participation in the
  4 13 program, the board shall adopt a resolution to participate
  4 14 beginning in the fiscal year following the year of the
  4 15 election and shall certify the results of the election to the
  4 16 department of management.
  4 17    Sec. 9.  Section 257.18, subsection 2, unnumbered paragraph
  4 18 1, Code 2001, is amended to read as follows:
  4 19    If the board does not provide for an election and adopts a
  4 20 resolution to participate in the instructional support
  4 21 program, the district shall participate in the instructional
  4 22 support program unless within twenty-eight days following the
  4 23 action of the board, the secretary of the board receives a
  4 24 petition containing the required number of signatures, asking
  4 25 that an election be called to approve or disapprove the action
  4 26 of the board in adopting the instructional support program.
  4 27 The petition must be signed by eligible electors equal in
  4 28 number to not less than one hundred or thirty percent of the
  4 29 number of voters at the last preceding regular school
  4 30 election, whichever is greater.  The board shall either
  4 31 rescind its action or direct the county commissioner of
  4 32 elections to submit the question to the registered voters of
  4 33 the school district at the next following regular school city
  4 34 election or a special the next general election.  If a
  4 35 majority of those voting on the question at the election
  5  1 favors disapproval of the action of the board, the district
  5  2 shall not participate in the instructional support program.
  5  3 If a majority of those voting on the question favors approval
  5  4 of the action, the board shall certify the results of the
  5  5 election to the department of management and the district
  5  6 shall participate in the program.
  5  7    Sec. 10.  Section 257.29, unnumbered paragraph 1, Code
  5  8 2001, is amended to read as follows:
  5  9    An educational improvement program is established to
  5 10 provide additional funding for school districts in which the
  5 11 regular program district cost per pupil for a budget year is
  5 12 one hundred ten percent of the regular program state cost per
  5 13 pupil for the budget year and which have approved the use of
  5 14 the instructional support program established in section
  5 15 257.18.  A board of directors that wishes to consider
  5 16 participating in the educational improvement program shall
  5 17 hold a hearing on the question of participation and the
  5 18 maximum percent of the regular program district cost of the
  5 19 district that will be used.  The hearing shall be held in the
  5 20 manner provided in section 257.18 for the instructional
  5 21 support program.  Following the hearing, the board may direct
  5 22 the county commissioner of elections to submit the question to
  5 23 the registered voters of the school district at the next
  5 24 following regular school city election or a special the next
  5 25 general election held not later than the following February 1.
  5 26 If a majority of those voting on the question favors
  5 27 participation in the program, the board shall adopt a
  5 28 resolution to participate and shall certify the results of the
  5 29 election to the department of management and the district
  5 30 shall participate in the program beginning in the fiscal year
  5 31 following the year of the election.  If a majority of those
  5 32 voting on the question does not favor participation, the
  5 33 district shall not participate in the program.
  5 34    Sec. 11.  Section 260C.28, subsection 3, Code 2001, is
  5 35 amended to read as follows:
  6  1    3.  If the board of directors wishes to certify for a levy
  6  2 under subsection 2, the board shall direct the county
  6  3 commissioner of elections to call an election to submit the
  6  4 question of such authorization for the board at a the next
  6  5 regular city election or special election the next general
  6  6 election.  If a majority of those voting on the question at
  6  7 the election favors authorization of the board to make such a
  6  8 levy, the board may certify for a levy as provided under
  6  9 subsection 2 during each of the ten years following the
  6 10 election.  If a majority of those voting on the question at
  6 11 the election does not favor authorization of the board to make
  6 12 a levy under subsection 2, the board shall not submit the
  6 13 question to the voters again until three hundred fifty-five
  6 14 days have elapsed from the election.
  6 15    Sec. 12.  Section 277.2, Code 2001, is amended to read as
  6 16 follows:
  6 17    277.2  SPECIAL ELECTION BALLOT ISSUES.
  6 18    The board of directors in a school corporation may call a
  6 19 special election at which the voters shall have the powers
  6 20 exercised at the regular election with reference to the sale
  6 21 of school property and the application to be made of the
  6 22 proceeds, the authorization of seven members on the board of
  6 23 directors, and the authorization to establish or change the
  6 24 boundaries of director districts, and the authorization of a
  6 25 voter-approved physical plant and equipment levy or
  6 26 indebtedness, as provided by law.
  6 27    A proposition authorizing the issuance of bonds or other
  6 28 indebtedness, or the imposition of, or increase in, a voter-
  6 29 approved property tax levy, local option sales tax, or local
  6 30 income surtax, by a school corporation may only be placed on
  6 31 the ballot at the regular city election or the general
  6 32 election.
  6 33    Sec. 13.  Section 278.1, unnumbered paragraph 2, Code 2001,
  6 34 is amended to read as follows:
  6 35    The board may, with approval of sixty percent of the
  7  1 voters, voting in a regular or special school election in the
  7  2 school district, make extended time contracts not to exceed
  7  3 twenty years in duration for rental of buildings to supplement
  7  4 existing schoolhouse facilities; and where it is deemed
  7  5 advisable for buildings to be constructed or placed on real
  7  6 estate owned by the school district, these contracts may
  7  7 include lease-purchase option agreements, the amounts to be
  7  8 paid out of the physical plant and equipment levy fund.
  7  9    Sec. 14.  Section 279.39, Code 2001, is amended to read as
  7 10 follows:
  7 11    279.39  SCHOOL BUILDINGS.
  7 12    The board of any school corporation shall establish
  7 13 attendance centers and provide suitable buildings for each
  7 14 school in the district and may at the regular or a special
  7 15 meeting call a special election direct the county commissioner
  7 16 of elections to submit to the registered voters of the
  7 17 district the question of voting a tax or authorizing the board
  7 18 to issue bonds, or both, at the next regular city election or
  7 19 at the next general election.
  7 20    Sec. 15.  Section 298.9, Code 2001, is amended to read as
  7 21 follows:
  7 22    298.9  SPECIAL LEVIES.
  7 23    If the voter-approved physical plant and equipment levy,
  7 24 consisting solely of a physical plant and equipment property
  7 25 tax levy, is voted at a special the regular city election or
  7 26 at the general election and certified to the board of
  7 27 supervisors after the regular levy is made, the board shall at
  7 28 its next regular meeting levy the tax and cause it to be
  7 29 entered upon the tax list to be collected as other school
  7 30 taxes.  If the certification is filed prior to May 1, the
  7 31 annual levy shall begin with the tax levy of the year of
  7 32 filing.  If the certification is filed after May 1 in a year,
  7 33 the levy shall begin with the levy of the fiscal year
  7 34 succeeding the year of the filing of the certification.
  7 35    Sec. 16.  Section 298.18, unnumbered paragraphs 4 and 6,
  8  1 Code 2001, are amended to read as follows:
  8  2    The amount estimated and certified to apply on principal
  8  3 and interest for any one year may exceed two dollars and
  8  4 seventy cents per thousand dollars of assessed value by the
  8  5 amount approved by the voters of the school corporation, but
  8  6 not exceeding four dollars and five cents per thousand of the
  8  7 assessed value of the taxable property within any school
  8  8 corporation, provided that the qualified registered voters of
  8  9 such the school corporation have first approved such the
  8 10 increased amount at a special election, which may be held at
  8 11 the same time as the next regular school city election or at
  8 12 the next general election.  The proposition submitted to the
  8 13 voters at such special election shall be in substantially the
  8 14 following form:
  8 15    Notice of the election shall be given by the county
  8 16 commissioner of elections according to section 49.53.  The
  8 17 election shall be held on a date notice must be published not
  8 18 less than four nor more than twenty days after the last
  8 19 publication of the notice before the election.  At such the
  8 20 regular city election the ballot used for the submission of
  8 21 said the proposition shall be in substantially the form for
  8 22 submitting special questions at general elections.  The county
  8 23 commissioner of elections shall conduct the election pursuant
  8 24 to the provisions of chapters 39 to 53 and certify the results
  8 25 to the board of directors.  Such The proposition shall not be
  8 26 deemed carried or adopted unless the vote in favor of such the
  8 27 proposition is equal to at least sixty percent of the total
  8 28 vote cast for and against said the proposition at said the
  8 29 election.  Whenever such a proposition has been approved by
  8 30 the voters of a school corporation as hereinbefore provided in
  8 31 this section, no further approval of the voters of such the
  8 32 school corporation shall be required as a result of any
  8 33 subsequent change in the boundaries of such the school
  8 34 corporation.
  8 35    Sec. 17.  Section 298.18A, subsection 2, Code 2001, is
  9  1 amended to read as follows:
  9  2    2.  The adjustment shall not result in a total amount
  9  3 levied in excess of the two dollar and seventy cent per
  9  4 thousand dollars of assessed valuation limit provided in
  9  5 section 298.18.  An adjustment in excess of the two dollar and
  9  6 seventy cent per thousand dollars of assessed valuation limit
  9  7 shall be subject to the special election provisions for
  9  8 increases of up to four dollars and five cents per thousand
  9  9 dollars of assessed valuation provisions of section 298.18.
  9 10    Sec. 18.  Section 298.21, unnumbered paragraph 1, Code
  9 11 2001, is amended to read as follows:
  9 12    The board of directors of any school corporation when
  9 13 authorized by the voters at the regular city election or at a
  9 14 special the general election called for that purpose, may
  9 15 issue the negotiable, interest-bearing school bonds of said
  9 16 corporation for borrowing money for any or all of the
  9 17 following purposes:
  9 18    Sec. 19.  Section 300.2, unnumbered paragraphs 1 and 2,
  9 19 Code 2001, are amended to read as follows:
  9 20    The board of directors of a school district may, and upon
  9 21 receipt of a petition signed by eligible electors equal in
  9 22 number to at least twenty-five percent of the number of voters
  9 23 at the last preceding school election, shall, direct the
  9 24 county commissioner of elections to submit to the registered
  9 25 voters of the school district the question of whether to levy
  9 26 a tax of not to exceed thirteen and one-half cents per
  9 27 thousand dollars of assessed valuation for public educational
  9 28 and recreational activities authorized under this chapter.  If
  9 29 at the time of filing the petition, it is more than three
  9 30 months until the next regular school election, the The board
  9 31 of directors shall submit the question at a special election
  9 32 within sixty days the next regular city election or the next
  9 33 general election.  Otherwise, the question shall be submitted
  9 34 at the next regular school election.
  9 35    If a majority of the votes cast upon the proposition is in
 10  1 favor of the proposition, the board shall certify the amount
 10  2 required for a fiscal year to the county board of supervisors
 10  3 by April 15 of the preceding following fiscal year.  The board
 10  4 of supervisors shall levy the amount certified.  The amount
 10  5 shall be placed in the public education and recreation levy
 10  6 fund of the district and shall be used only for the purposes
 10  7 specified in this chapter.
 10  8    Sec. 20.  Section 331.301, subsection 10, paragraph e,
 10  9 subparagraph (2), subparagraph subdivisions (a) and (b), Code
 10 10 2001, are amended to read as follows:
 10 11    (a)  The board must institute proceedings for entering into
 10 12 a lease or lease-purchase contract payable from the general
 10 13 fund by causing a notice of the meeting to discuss entering
 10 14 into the lease or lease-purchase contract, including a
 10 15 statement of the principal amount and purpose of the lease or
 10 16 lease-purchase and the right to petition for an the
 10 17 proposition to be submitted at election, to be published as
 10 18 provided in section 331.305 at least ten days prior to the
 10 19 discussion meeting.  No sooner than thirty days following the
 10 20 discussion meeting shall the board hold a meeting at which it
 10 21 is proposed to take action to enter into the lease or lease-
 10 22 purchase contract.
 10 23    (b)  If at any time before the end of the thirty-day period
 10 24 after which a meeting may be held to take action to enter into
 10 25 the lease or lease-purchase contract, a petition is filed with
 10 26 the auditor in the manner provided by section 331.306, asking
 10 27 that the question of entering into the lease or lease-purchase
 10 28 contract be submitted to the registered voters of the county,
 10 29 the board shall either by resolution declare the proposal to
 10 30 enter into the lease or lease-purchase contract to have been
 10 31 abandoned or shall direct the county commissioner of elections
 10 32 to call a special election upon submit the question of
 10 33 entering into the lease or lease-purchase contract at the next
 10 34 general election.  However, for purposes of this subparagraph,
 10 35 the petition shall not require signatures in excess of one
 11  1 thousand persons.  The question to be placed on the ballot
 11  2 shall be stated affirmatively in substantially the following
 11  3 manner:  Shall the county of .... enter into a lease or lease-
 11  4 purchase contract in an amount of $.... for the purpose of
 11  5 ....?  Notice of the election and its conduct shall be in the
 11  6 manner provided in section 331.442, subsections 2 through 4.
 11  7    Sec. 21.  Section 331.402, subsection 3, paragraph d,
 11  8 subparagraph (2), subparagraph subdivisions (a) and (b), Code
 11  9 2001, are amended to read as follows:
 11 10    (a)  The board must institute proceedings for entering into
 11 11 a loan agreement payable from the general fund by causing a
 11 12 notice of the meeting to discuss entering into the loan
 11 13 agreement, including a statement of the principal amount and
 11 14 purpose of the loan agreement and the right to petition for an
 11 15 the proposition to be submitted at election, to be published
 11 16 as provided in section 331.305 at least ten days prior to the
 11 17 discussion meeting.  No sooner than thirty days following the
 11 18 discussion meeting shall the board hold a meeting at which it
 11 19 is proposed to take action to enter into the loan agreement.
 11 20    (b)  If at any time before the end of the thirty-day period
 11 21 after which a meeting may be held to take action to enter into
 11 22 the loan agreement, a petition is filed with the auditor in
 11 23 the manner provided by section 331.306 asking that the
 11 24 question of entering into the loan agreement be submitted to
 11 25 the registered voters of the county, the board shall either by
 11 26 resolution declare the proposal to enter into the loan
 11 27 agreement to have been abandoned or shall direct the county
 11 28 commissioner of elections to call a special election upon
 11 29 submit the question of entering into the loan agreement at the
 11 30 next general election.  However, for purposes of this
 11 31 subparagraph, the petition shall not require signatures in
 11 32 excess of one thousand persons.  The question to be placed on
 11 33 the ballot shall be stated affirmatively in substantially the
 11 34 following manner:  Shall the county of .... enter into a loan
 11 35 agreement in amount of $.... for the purpose of ....?  Notice
 12  1 of the election and its conduct shall be in the manner
 12  2 provided in section 331.442, subsections 2 through 4.
 12  3    Sec. 22.  Section 331.441, subsection 2, paragraph b,
 12  4 subparagraph (7), Code 2001, is amended to read as follows:
 12  5    (7)  Enlargement and improvement of a county hospital
 12  6 acquired and operated under chapter 347A, subject to a maximum
 12  7 of two percent of the assessed value of the taxable property
 12  8 in the county.  However, notice of the proposed bond issue
 12  9 shall be published once each week for two consecutive weeks
 12 10 and if, within twenty days following the date of the first
 12 11 publication, a petition requesting an election on the proposal
 12 12 be submitted at election and signed by qualified registered
 12 13 voters of the county equal to at least twenty percent of the
 12 14 votes cast at the preceding election for governor is filed
 12 15 with the county auditor, the proposal is subject to the
 12 16 election requirements in section 331.442, subsections 2, 3 and
 12 17 4 for general county purpose bonds.
 12 18    Sec. 23.  Section 331.441, subsection 2, paragraph b,
 12 19 subparagraph (12), subparagraph subdivision (b), Code 2001, is
 12 20 amended to read as follows:
 12 21    (b)  General The proposition to issue general obligation
 12 22 bonds for the purposes described in this subparagraph are is
 12 23 subject to an election held in the manner provided in section
 12 24 331.442, subsections 1 through 4, if not later than fifteen
 12 25 days following the action by the county board of supervisors,
 12 26 eligible voters file a petition with the county commissioner
 12 27 of elections asking that the question of issuing the bonds be
 12 28 submitted to the registered voters of the special service area
 12 29 tax district.  The petition must be signed by at least five
 12 30 percent of the registered voters residing in the special
 12 31 service area tax district.  If the petition is duly filed
 12 32 within the fifteen days, the board of supervisors shall either
 12 33 adopt a resolution declaring that the proposal to issue the
 12 34 bonds is abandoned, or direct the county commissioner of
 12 35 elections to call a special submit the proposition at the next
 13  1 general election within a special service area tax district
 13  2 upon the question of issuing the bonds.
 13  3    Sec. 24.  Section 331.441, subsection 2, paragraph c,
 13  4 subparagraph (3), Code 2001, is amended to read as follows:
 13  5    (3)  The building and maintenance of a bridge over state
 13  6 boundary line streams.  The board shall submit a proposition
 13  7 under this subparagraph to an election at the next general
 13  8 election upon receipt of a petition which is valid under
 13  9 section 331.306.
 13 10    Sec. 25.  Section 331.442, subsection 2, unnumbered
 13 11 paragraph 1, Code 2001, is amended to read as follows:
 13 12    Before the board may institute proceedings for the issuance
 13 13 of bonds for a general county purpose, it the board shall call
 13 14 a county special election to vote upon submit the question of
 13 15 issuing the bonds to the voters at the next general election.
 13 16 At the election the proposition shall be submitted in the
 13 17 following form:
 13 18    Sec. 26.  Section 331.442, subsection 3, Code 2001, is
 13 19 amended to read as follows:
 13 20    3.  Notice of the election ballot measure shall be given by
 13 21 publication as specified in section 331.305.  At the election
 13 22 the ballot used for the submission of the proposition shall be
 13 23 in substantially the form for submitting special questions at
 13 24 general elections.
 13 25    Sec. 27.  Section 331.442, subsection 5, paragraph a,
 13 26 unnumbered paragraph 1, Code 2001, is amended to read as
 13 27 follows:
 13 28    Notwithstanding subsection 2, a board, in lieu of calling
 13 29 an submitting the proposition at election, may institute
 13 30 proceedings for the issuance of bonds for a general county
 13 31 purpose by causing a notice of the proposal to issue the
 13 32 bonds, including a statement of the amount and purpose of the
 13 33 bonds, and the right to petition for an election, to be
 13 34 published as provided in section 331.305 at least ten days
 13 35 prior to the meeting at which it is proposed to take action
 14  1 for the issuance of the bonds subject to the following
 14  2 limitations:
 14  3    Sec. 28.  Section 331.442, subsection 5, paragraph b, Code
 14  4 2001, is amended to read as follows:
 14  5    b.  If at any time before the date fixed for taking action
 14  6 for the issuance of the bonds, a petition is filed with the
 14  7 auditor in the manner provided by section 331.306 asking that
 14  8 the question of issuing the bonds be submitted to the
 14  9 registered voters of the county, the board shall either by
 14 10 resolution declare the proposal to issue the bonds to have
 14 11 been abandoned or shall direct the county commissioner of
 14 12 elections to call a special election upon submit the question
 14 13 of issuing the bonds at the next general election.  Notice of
 14 14 the election and its conduct ballot measure shall be in the
 14 15 manner provided in subsections 2, 3, and 4.
 14 16    Sec. 29.  Section 331.447, subsection 1, paragraph b,
 14 17 unnumbered paragraph 1, Code 2001, is amended to read as
 14 18 follows:
 14 19    The amount estimated and certified to apply on principal
 14 20 and interest for any one year may only exceed the statutory
 14 21 rate of levy limit, if any, by the amount that the registered
 14 22 voters of the county have approved at a special election,
 14 23 which may be held at the same time as the next general
 14 24 election and may be included in the proposition authorizing
 14 25 the issuance of bonds, if an election on the proposition is
 14 26 necessary, or may be submitted as a separate proposition at
 14 27 the same election or at a different election.  Notice of the
 14 28 election ballot measure shall be given as specified in section
 14 29 331.305.  If the proposition includes issuing bonds and
 14 30 increasing the levy limit, it shall be in substantially the
 14 31 following form:
 14 32    Sec. 30.  Section 346.27, subsection 10, Code 2001, is
 14 33 amended to read as follows:
 14 34    10.  After the incorporation of an authority, and before
 14 35 the sale of any issue of revenue bonds, except refunding
 15  1 bonds, the authority shall submit in a single countywide
 15  2 election to the registered voters of the city and county, at a
 15  3 the next general, primary, or special election called for that
 15  4 purpose, the question of whether an authority shall issue and
 15  5 sell revenue bonds, stating the amount, for any of the
 15  6 purposes for which it is incorporated.  An affirmative vote of
 15  7 a majority of the votes cast on the proposition is required to
 15  8 authorize the issuance and sale of revenue bonds.  A notice of
 15  9 the election shall be published once each week for at least
 15 10 two weeks in some newspaper published in the county.  The
 15 11 notice shall name the time when the question shall be
 15 12 submitted, and a copy of the question to be submitted shall be
 15 13 posted at each polling place during the day of election.  The
 15 14 authority shall call this election with the concurrence of
 15 15 both incorporating units, and it shall establish the voting
 15 16 precincts and polling places, and appoint the election judges,
 15 17 and in so doing such election procedures shall be in
 15 18 accordance with the provisions of chapters 49 and 50.
 15 19    Sec. 31.  Section 364.4, subsection 4, paragraph e,
 15 20 subparagraph (2), subparagraph subdivision (b), Code 2001, is
 15 21 amended to read as follows:
 15 22    (b)  If at any time before the end of the thirty-day period
 15 23 after which a meeting may be held to take action to enter into
 15 24 the lease or lease-purchase contract, a petition is filed with
 15 25 the clerk of the city in the manner provided by section 362.4,
 15 26 asking that the question of entering into the lease or lease-
 15 27 purchase contract be submitted to the registered voters of the
 15 28 city, the governing body shall either by resolution declare
 15 29 the proposal to enter into the lease or lease-purchase
 15 30 contract to have been abandoned or shall direct the county
 15 31 commissioner of elections to call a special election upon
 15 32 submit the question of entering into the lease or lease-
 15 33 purchase contract at the next regular city election or the
 15 34 next general election.  However, for purposes of this
 15 35 subparagraph, the petition shall not require signatures in
 16  1 excess of one thousand persons.  The question to be placed on
 16  2 the ballot shall be stated affirmatively in substantially the
 16  3 following manner:  Shall the city of ....  enter into a lease
 16  4 or lease-purchase contract in amount of $.... for the purpose
 16  5 of ....?  Notice of the election and its conduct ballot
 16  6 measure shall be in the manner provided in section 384.26,
 16  7 subsections 2 through 4.
 16  8    Sec. 32.  Section 384.12, subsections 5 and 6, Code 2001,
 16  9 are amended to read as follows:
 16 10    5.  A tax to aid in the construction of a county bridge,
 16 11 subject to the provisions of subsection 1, except that the
 16 12 question must be submitted at a special election.  The expense
 16 13 of a special election under this subsection must be paid by
 16 14 the county.  The notice of the special election ballot measure
 16 15 must include full details of the proposal, including the
 16 16 location of the proposed bridge, the rate of tax to be levied,
 16 17 and all other conditions.
 16 18    6.  A tax to aid a company incorporated under the laws of
 16 19 this state in the construction of a highway or combination
 16 20 bridge across any navigable boundary river of this state,
 16 21 commencing or terminating in the city and suitable for use as
 16 22 highway, or for both highway and railway purposes.  This tax
 16 23 levy is subject to the provisions of subsections 1 and 5.  The
 16 24 levy is limited to one dollar and thirty-five cents per
 16 25 thousand dollars of the assessed value of taxable property in
 16 26 the city.  The estimated cost of the bridge must be at least
 16 27 ten thousand dollars, and the city aid may not exceed one-half
 16 28 of the estimated cost.  The notice of the special election
 16 29 ballot measure must include the name of the corporation to be
 16 30 aided, and all conditions required of the corporation.  Tax
 16 31 moneys received for this purpose may not be paid over by the
 16 32 county treasurer until the city has filed a statement that the
 16 33 corporation has complied with all conditions.
 16 34    Sec. 33.  Section 384.12, subsection 9, unnumbered
 16 35 paragraph 1, Code 2001, is amended to read as follows:
 17  1    A tax for aid to a public transportation company, subject
 17  2 to the procedure provided in subsection 1, except the question
 17  3 must be submitted at a special election.  The levy is limited
 17  4 to three and three-eighths cents per thousand dollars of
 17  5 assessed value.  In addition to any other conditions the
 17  6 following requirements must be met before moneys received for
 17  7 this purpose may be paid over by the county treasurer:
 17  8    Sec. 34.  Section 384.12, subsection 20, Code 2001, is
 17  9 amended to read as follows:
 17 10    20.  a.  A Authorization for the next two fiscal years to
 17 11 levy a tax that exceeds any tax levy limit within this
 17 12 chapter, provided the question has been submitted at a special
 17 13 levy election the regular city election held in the calendar
 17 14 year prior to July 1 of the first of the two fiscal years and
 17 15 received a simple majority of the votes cast on the
 17 16 proposition to authorize the enumerated levy limit to be
 17 17 exceeded for the proposed budget year.
 17 18    a.  The election may be held as specified in this
 17 19 subsection if notice is given by the city council, not later
 17 20 than thirty-two days before the second Tuesday in March, to
 17 21 the county commissioner of elections that the election is to
 17 22 be held.
 17 23    b.  An election under this subsection shall be held on the
 17 24 second Tuesday in March and be conducted by the county
 17 25 commissioner of elections in accordance with the law.
 17 26    c. b.  The ballot question shall be in substantially the
 17 27 following form:
 17 28    WHICH TAX LEVY SHALL BE ADOPTED FOR THE CITY OF ........?
 17 29    (Vote for only one of the following choices.) 
 17 30    CHANGE LEVY AMOUNT ....................  
 17 31    Add to the existing levy amount a tax for the purpose of
 17 32 .......... (state purpose of proposed levy) at a rate of ...
 17 33 (rate) which will provide an additional $.... (amount).  
 17 34    KEEP CURRENT LEVY ....................  
 17 35    Continue under the current maximum rate of ..., providing
 18  1 $.... (amount).
 18  2    d. c.  The commissioner of elections conducting the
 18  3 election shall notify the city officials and other county
 18  4 auditors where applicable, of the results within two days of
 18  5 the canvass which shall be held beginning at one o'clock on
 18  6 the second day following the special levy election.
 18  7    e. d.  Notice of the election ballot measure shall be
 18  8 published twice in accordance with the provisions of section
 18  9 362.3, except that the first such notice shall be given at
 18 10 least two weeks before the election.
 18 11    f.  The cost of the election shall be borne by the city.
 18 12    g.  The election provisions of this subsection shall
 18 13 supersede other provisions for elections only to the extent
 18 14 necessary to comply with the provisions hereof.
 18 15    h. e.  The provisions of this subsection apply to all
 18 16 cities, however organized, including special charter cities
 18 17 which may adopt ordinances where necessary to carry out these
 18 18 provisions.
 18 19    i. f.  The council shall certify the city's budget with the
 18 20 tax askings not exceeding the amount approved by the special
 18 21 levy election.
 18 22    Sec. 35.  Section 384.24A, subsection 4, paragraph b,
 18 23 subparagraph (2), Code 2001, is amended to read as follows:
 18 24    (2)  If at any time before the end of the thirty-day period
 18 25 after which a meeting may be held to take action to enter into
 18 26 the loan agreement, a petition is filed with the clerk of the
 18 27 city in the manner provided by section 362.4, asking that the
 18 28 question of entering into the loan agreement be submitted to
 18 29 the registered voters of the city, the governing body shall
 18 30 either by resolution declare the proposal to enter into the
 18 31 loan agreement to have been abandoned or shall direct the
 18 32 county commissioner of elections to call a special election
 18 33 upon submit the question of entering into the loan agreement
 18 34 at the next regular city election or the next general
 18 35 election.  However, for purposes of this paragraph, the
 19  1 petition shall not require signatures in excess of one
 19  2 thousand persons.  The question to be placed on the ballot
 19  3 shall be stated affirmatively in substantially the following
 19  4 manner:  Shall the city of .... enter into a loan agreement in
 19  5 amount of $.... for the purpose of ....?  Notice of the
 19  6 election and its conduct ballot measure shall be in the manner
 19  7 provided in section 384.26, subsections 2 through 4.
 19  8    Sec. 36.  Section 384.26, subsection 2, unnumbered
 19  9 paragraph 1, Code 2001, is amended to read as follows:
 19 10    Before the council may institute proceedings for the
 19 11 issuance of bonds for a general corporate purpose, it shall
 19 12 call a special city election to vote upon submit the question
 19 13 of issuing the bonds to the voters at the next regular city
 19 14 election or the next general election.  At the election the
 19 15 proposition must be submitted in the following form:
 19 16    Sec. 37.  Section 384.26, subsection 3, Code 2001, is
 19 17 amended to read as follows:
 19 18    3.  Notice of the election ballot measure must be given by
 19 19 publication as required by section 49.53 in a newspaper of
 19 20 general circulation in the city. At the election the ballot
 19 21 used for the submission of the proposition must be in
 19 22 substantially the form for submitting special questions at
 19 23 general elections.
 19 24    Sec. 38.  Section 384.26, subsection 5, paragraph a,
 19 25 unnumbered paragraph 1, Code 2001, is amended to read as
 19 26 follows:
 19 27    Notwithstanding the provisions of subsection 2, a council
 19 28 may, in lieu of calling an submitting the proposition at
 19 29 election, institute proceedings for the issuance of bonds for
 19 30 a general corporate purpose by causing a notice of the
 19 31 proposal to issue the bonds, including a statement of the
 19 32 amount and purpose of the bonds, together with the maximum
 19 33 rate of interest which the bonds are to bear, and the right to
 19 34 petition for an election, to be published at least once in a
 19 35 newspaper of general circulation within the city at least ten
 20  1 days prior to the meeting at which it is proposed to take
 20  2 action for the issuance of the bonds subject to the following
 20  3 limitations:
 20  4    Sec. 39.  Section 384.26, subsection 5, paragraph b, Code
 20  5 2001, is amended to read as follows:
 20  6    b.  If at any time before the date fixed for taking action
 20  7 for the issuance of the bonds, a petition is filed with the
 20  8 clerk of the city in the manner provided by section 362.4,
 20  9 asking that the question of issuing the bonds be submitted to
 20 10 the registered voters of the city, the council shall either by
 20 11 resolution declare the proposal to issue the bonds to have
 20 12 been abandoned or shall direct the county commissioner of
 20 13 elections to call a special election upon submit the question
 20 14 of issuing the bonds at the next regular city election or the
 20 15 next general election.  Notice of the election and its conduct
 20 16 ballot measure shall be in the manner provided in the
 20 17 preceding subsections of this section.
 20 18    Sec. 40.  Section 384.84A, subsection 2, unnumbered
 20 19 paragraph 1, Code 2001, is amended to read as follows:
 20 20    If, before the date fixed for taking action to authorize
 20 21 the issuance of revenue bonds for the storm water drainage
 20 22 construction project, a petition signed by three percent of
 20 23 the registered voters of the city, asking that the question of
 20 24 issuing revenue bonds for the storm water drainage
 20 25 construction project be submitted to the registered voters of
 20 26 the city, the council, by resolution, shall declare the
 20 27 project abandoned or shall direct the county commissioner of
 20 28 elections to call a special election upon submit the question
 20 29 of issuing the bonds for the storm water drainage construction
 20 30 project at the next regular city election if the cost of the
 20 31 project and population of the city meet one of the following
 20 32 criteria:
 20 33    Sec. 41.  Section 422A.1, unnumbered paragraph 3, Code
 20 34 2001, is amended to read as follows:
 20 35    A city or county shall impose a hotel and motel tax or
 21  1 increase the tax rate, only after an election at which a
 21  2 majority of those voting on the question favors imposition or
 21  3 increase.  However, a hotel and motel tax shall not be
 21  4 repealed or reduced in rate if obligations are outstanding
 21  5 which are payable as provided in section 422A.2, unless funds
 21  6 sufficient to pay the principal, interest, and premium, if
 21  7 any, on the outstanding obligations at and prior to maturity
 21  8 have been properly set aside and pledged for that purpose.
 21  9 The election shall be held at the time of that city's or
 21 10 county's general election or at the time of a special
 21 11 election.  For a city, the question shall be placed on the
 21 12 ballot at the regular city election.  For a county, the
 21 13 question shall be placed on the ballot at the general
 21 14 election.
 21 15    Sec. 42.  Section 422A.2, subsection 4, paragraph f,
 21 16 unnumbered paragraphs 1 and 2, Code 2001, are amended to read
 21 17 as follows:
 21 18    A city or county acting on behalf of an unincorporated area
 21 19 may, in lieu of calling an for the question to be placed on
 21 20 the ballot at election, institute proceedings for the issuance
 21 21 of bonds under this section by causing a notice of the
 21 22 proposal to issue the bonds, including a statement of the
 21 23 amount and purpose of the bonds, together with the maximum
 21 24 rate of interest which the bonds are to bear, and the right to
 21 25 petition for an election, to be published at least once in a
 21 26 newspaper of general circulation within the city or
 21 27 unincorporated area at least ten days prior to the meeting at
 21 28 which it is proposed to take action for the issuance of the
 21 29 bonds.
 21 30    If at any time before the date fixed for taking action for
 21 31 the issuance of the bonds, a petition signed by three percent
 21 32 of the registered voters of the city or unincorporated area,
 21 33 asking that the question of issuing the bonds be submitted to
 21 34 the registered voters of the city or unincorporated area, the
 21 35 council or board of supervisors acting on behalf of an
 22  1 unincorporated area shall either by resolution declare the
 22  2 proposal to issue the bonds to have been abandoned or shall
 22  3 direct the county commissioner of elections to call a special
 22  4 election upon submit the question of issuing the bonds to the
 22  5 voters.  For a city, the question shall be placed on the
 22  6 ballot at the next regular city election or the next general
 22  7 election.  For a county, the question shall be placed on the
 22  8 ballot at the next general election.
 22  9    Sec. 43.  Section 422B.1, subsection 5, Code 2001, is
 22 10 amended to read as follows:
 22 11    5.  The county commissioner of elections shall submit the
 22 12 question of imposition of a local option tax at a state the
 22 13 general election or at a special election held at any time
 22 14 other than the time of a city regular election.  The election
 22 15 shall not be held sooner than sixty days after publication of
 22 16 notice of the ballot proposition.  Notice of the proposition
 22 17 on the ballot shall be published at least sixty days before
 22 18 the election.  The ballot proposition shall specify the type
 22 19 and rate of tax and in the case of a vehicle tax the classes
 22 20 that will be exempt and in the case of a local sales and
 22 21 services tax the date it will be imposed which date shall not
 22 22 be earlier than ninety days following the election.  The
 22 23 ballot proposition shall also specify the approximate amount
 22 24 of local option tax revenues that will be used for property
 22 25 tax relief and shall contain a statement as to the specific
 22 26 purpose or purposes for which the revenues shall otherwise be
 22 27 expended.  If the county board of supervisors decides under
 22 28 subsection 6 to specify a date on which the local option sales
 22 29 and services tax shall automatically be repealed, the date of
 22 30 the repeal shall also be specified on the ballot.  The rate of
 22 31 the vehicle tax shall be in increments of one dollar per
 22 32 vehicle as set by the petition seeking to impose the tax.  The
 22 33 rate of a local sales and services tax shall not be more than
 22 34 one percent as set by the governing body.  The state
 22 35 commissioner of elections shall establish by rule the form for
 23  1 the ballot proposition which form shall be uniform throughout
 23  2 the state.
 23  3    Sec. 44.  Section 422B.12, subsection 4, paragraph a,
 23  4 unnumbered paragraph 2, Code 2001, is amended to read as
 23  5 follows:
 23  6    If at any time before the date fixed for taking action for
 23  7 the issuance of the bonds, a petition signed by three percent
 23  8 of the registered voters of the bond issuer is filed, asking
 23  9 that the question of issuing the bonds be submitted to the
 23 10 registered voters, the governing body shall either by
 23 11 resolution declare the proposal to issue the bonds to have
 23 12 been abandoned or shall direct the county commissioner of
 23 13 elections to call a special election upon submit the question
 23 14 of issuing the bonds to the voters.  For a city, the question
 23 15 shall be placed on the ballot at the next regular city
 23 16 election or the next general election.  For a county, the
 23 17 question shall be placed on the ballot at the next general
 23 18 election.  The proposition of issuing bonds under this
 23 19 subsection is not approved unless the vote in favor of the
 23 20 proposition is equal to at least sixty percent of the vote
 23 21 cast.  If a petition is not filed, or if a petition is filed
 23 22 and the proposition of issuing the bonds is approved at an
 23 23 election, the governing body acting on behalf of the issuer
 23 24 may proceed with the authorization and issuance of the bonds.
 23 25 Bonds may be issued for the purpose of refunding outstanding
 23 26 and previously issued bonds under this subsection without
 23 27 otherwise complying with the provisions of this subsection.
 23 28    Sec. 45.  Section 422D.1, subsection 2, unnumbered
 23 29 paragraph 1, Code 2001, is amended to read as follows:
 23 30    The taxes for emergency medical services shall only be
 23 31 imposed after an election at which a majority of those voting
 23 32 on the question of imposing the tax or combination of taxes
 23 33 specified in subsection 1, paragraph "a" or "b", vote in favor
 23 34 of the question.  However, the tax or combination of taxes
 23 35 specified in subsection 1 shall not be imposed on property
 24  1 within or on residents of a benefited emergency medical
 24  2 services district under chapter 357F.  The question of
 24  3 imposing the tax or combination of the taxes may be submitted
 24  4 at the regular city election, a special election, or state the
 24  5 general election.  Notice of the question shall be provided by
 24  6 publication at least sixty days before the time of the
 24  7 election and shall identify the tax or combination of taxes
 24  8 and the rate or rates, as applicable.  If a majority of those
 24  9 voting on the question approve the imposition of the tax or
 24 10 combination of taxes, the tax or combination of taxes shall be
 24 11 imposed as follows:
 24 12    Sec. 46.  Section 422E.2, subsection 2, paragraph a, Code
 24 13 2001, is amended to read as follows:
 24 14    a.  Upon receipt by a county board of supervisors of a
 24 15 petition requesting imposition of a local sales and services
 24 16 tax for infrastructure purposes, signed by eligible electors
 24 17 of the whole county equal in number to five percent of the
 24 18 persons in the whole county who voted at the last preceding
 24 19 state general election, the board shall within thirty days
 24 20 direct the county commissioner of elections to submit the
 24 21 question of imposition of the tax to the registered voters of
 24 22 the whole county at the next general election.
 24 23    Sec. 47.  Section 422E.2, subsection 3, Code 2001, is
 24 24 amended to read as follows:
 24 25    3.  The county commissioner of elections shall submit the
 24 26 question of imposition of a local sales and services tax for
 24 27 school infrastructure purposes at a state the general election
 24 28 or at a special election held at any time other than the time
 24 29 of a city regular election.  The election shall not be held
 24 30 sooner than sixty days after publication of notice of the
 24 31 ballot proposition.  The ballot proposition shall be published
 24 32 more than sixty days before the election.  The ballot
 24 33 proposition shall specify the rate of tax, the date the tax
 24 34 will be imposed and repealed, and shall contain a statement as
 24 35 to the specific purpose or purposes for which the revenues
 25  1 shall be expended.  The dates for the imposition and repeal of
 25  2 the tax shall be as provided in subsection 1.  The rate of tax
 25  3 shall not be more than one percent as set by the county board
 25  4 of supervisors.  The state commissioner of elections shall
 25  5 establish by rule the form for the ballot proposition which
 25  6 form shall be uniform throughout the state.
 25  7    Sec. 48.  Section 422E.2, subsection 4, paragraph a, Code
 25  8 2001, is amended to read as follows:
 25  9    a.  The tax may be repealed or the rate increased, but not
 25 10 above one percent, or decreased after an election at which a
 25 11 majority of those voting on the question of repeal or rate
 25 12 change favored the repeal or rate change.  The election at
 25 13 which the question of repeal or rate change is offered shall
 25 14 be called and held in the same manner and under the same
 25 15 conditions as provided in this section for the election on the
 25 16 imposition of the tax.  The election may be held at any time
 25 17 but not sooner than sixty days following publication of the
 25 18 ballot proposition.  The ballot proposition shall be published
 25 19 more than sixty days before the election.  However, the tax
 25 20 shall not be repealed before it has been in effect for one
 25 21 year.
 25 22    Sec. 49.  Section 422E.2, subsection 4, paragraph b,
 25 23 unnumbered paragraph 1, Code 2001, is amended to read as
 25 24 follows:
 25 25    Within ten days of the election at which a majority of
 25 26 those voting on the question favors the imposition, repeal, or
 25 27 change in the rate of the tax, the county auditor shall give
 25 28 written notice by sending a copy of the abstract of the votes
 25 29 from the favorable election to the director of revenue and
 25 30 finance of the result of the election.  Election costs The
 25 31 costs of placing the question on the ballot at the election
 25 32 shall be apportioned among school districts within the county
 25 33 on a pro rata basis in proportion to the number of registered
 25 34 voters in each school district and the total number of
 25 35 registered voters in all of the school districts within the
 26  1 county.  
 26  2                           EXPLANATION
 26  3    This bill requires a city, county, or school corporation to
 26  4 submit certain ballot propositions to a vote of the people at
 26  5 only the regular city election in November of odd-numbered
 26  6 years or at the general election in November of even-numbered
 26  7 years.  The bill applies to propositions authorizing the
 26  8 issuance of bonds or other indebtedness, or to propositions
 26  9 imposing or increasing a voter-approved property tax levy or
 26 10 local option sales tax.  For cities and school corporations,
 26 11 these ballot propositions must be placed on the ballot at the
 26 12 regular city election or general election.  For a county,
 26 13 these propositions must be placed on the ballot at the general
 26 14 election.
 26 15    Additional conforming amendments to the Code may be
 26 16 necessary to fully implement the bill's provisions.  
 26 17 LSB 1198YH 79
 26 18 sc/cls/14
     
Text: HF00041                           Text: HF00043
Text: HF00000 - HF00099                 Text: HF Index
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