Text: HF00315 Text: HF00317 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 331.309 ADOPTION OF ORDINANCES
1 2 BY PETITION AND ELECTION.
1 3 1. The board of supervisors of a county may adopt an
1 4 ordinance providing for the right of the people to propose
1 5 ordinances by petition for submission to the voters at an
1 6 election. Such proposed ordinances are limited in subject to
1 7 matters under the jurisdiction of the board of supervisors.
1 8 2. For purposes of this section, "ordinance" means a
1 9 county law of a general and permanent nature, and includes a
1 10 proposition adopting, amending, or repealing a new or existing
1 11 law, policy, or plan. An ordinance does not include a
1 12 proposition providing for the execution or administration of a
1 13 law, policy, or plan already adopted by the board.
1 14 3. a. Upon receipt of a valid petition containing the
1 15 signatures of eligible electors in the county equal in number
1 16 to five percent of those voting in the county for the office
1 17 of governor or president at the last preceding general
1 18 election, the board of supervisors shall direct the county
1 19 commissioner of elections to call an election on the matter.
1 20 b. The resolution submitted by the board to the
1 21 commissioner of elections shall include all of the following:
1 22 (1) The proposed date of the election which may be the
1 23 same day as another election if the elections do not conflict
1 24 as defined in section 47.6. The commissioner must receive the
1 25 resolution from the board not less than thirty-two days before
1 26 the election.
1 27 (2) The full text of the proposed ordinance to be
1 28 presented to the voters of the county.
1 29 (3) The date the ordinance will become effective if
1 30 approved by the voters.
1 31 4. The county commissioner of elections shall conduct the
1 32 election in the manner provided by chapters 39 through 53, as
1 33 applicable.
1 34 5. The right to petition for adoption of an ordinance by
1 35 election shall not extend to any of the following:
2 1 a. Any measure of an executive or administrative nature.
2 2 b. The county budget.
2 3 c. The appropriation of money.
2 4 d. The levy of taxes or special assessments.
2 5 e. The issuance of general obligation bonds or revenue
2 6 bonds.
2 7 f. The letting of contracts.
2 8 g. Salaries of county employees.
2 9 h. Emergency ordinances relating to the health, safety,
2 10 and welfare of the citizens of the county.
2 11 i. Any measure required to be enacted by state or federal
2 12 law.
2 13 j. Amendments affecting the county zoning ordinance.
2 14 Sec. 2. NEW SECTION. 364.26 ADOPTION OF ORDINANCE BY
2 15 PETITION AND ELECTION.
2 16 1. The city council of a city may adopt an ordinance
2 17 providing for the right of the people to propose ordinances by
2 18 petition for submission to the voters at an election. Such
2 19 proposed ordinances are limited in subject to matters under
2 20 the jurisdiction of the city council.
2 21 2. For purposes of this section, "ordinance" means a city
2 22 law of a general and permanent nature, and includes a
2 23 proposition adopting, amending, or repealing a new or existing
2 24 law, policy, or plan. An ordinance does not include a
2 25 proposition providing for the execution or administration of a
2 26 law, policy, or plan already adopted by the city council.
2 27 3. a. Upon receipt of a valid petition containing the
2 28 signatures of eligible electors in the city equal in number to
2 29 five percent of those voting in the city for the office of
2 30 governor or president at the last preceding general election,
2 31 the city council shall direct the county commissioner of
2 32 elections to call an election on the matter.
2 33 b. The resolution submitted by the city council to the
2 34 commissioner of elections shall include all of the following:
2 35 (1) The proposed date of the election which may be the
3 1 same day as another election if the elections do not conflict
3 2 as defined in section 47.6. The commissioner must receive the
3 3 resolution from the city council not less than thirty-two days
3 4 before the election.
3 5 (2) The full text of the proposed ordinance to be
3 6 presented to the voters of the city.
3 7 (3) The date the ordinance will become effective if
3 8 approved by the voters.
3 9 4. The county commissioner of elections shall conduct the
3 10 election in the manner provided by chapters 39 through 53, as
3 11 applicable.
3 12 5. The right to petition for adoption of an ordinance by
3 13 election shall not extend to any of the following:
3 14 a. Any measure of an executive or administrative nature.
3 15 b. The city budget.
3 16 c. The appropriation of money.
3 17 d. The levy of taxes or special assessments.
3 18 e. The issuance of general obligation bonds or revenue
3 19 bonds.
3 20 f. The letting of contracts.
3 21 g. Salaries of city employees.
3 22 h. Emergency ordinances relating to the health, safety,
3 23 and welfare of the citizens of the city.
3 24 i. Any measure required to be enacted by state or federal
3 25 law.
3 26 j. Amendments affecting the city zoning ordinance.
3 27 EXPLANATION
3 28 This bill allows cities and counties to adopt an ordinance
3 29 granting the people the power to petition for a proposed
3 30 ordinance to be placed on the ballot. The subject matter of
3 31 an ordinance proposed by petition may be any subject under the
3 32 jurisdiction of the city council or board of supervisors,
3 33 except for matters pertaining to the budget and appropriation
3 34 of money, the levy of taxes and special assessments, the
3 35 issuance of bonds, the letting of contracts, city or county
4 1 employee salaries, emergencies, and zoning. The bill also
4 2 does not allow petitioned ordinances on any measure of an
4 3 executive or administrative nature and any measure required to
4 4 be enacted by state or federal law.
4 5 LSB 2260HH 79
4 6 sc/pj/5
Text: HF00315 Text: HF00317 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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