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PAG LIN 1 1 Section 1. Section 28E.41, subsection 3, paragraph a, Code 1 2 2001, is amended to read as follows: 1 3 a. A county, city, fire district, or school district may 1 4 expend funds or issue general obligation bonds for the payment 1 5 of its share of the cost of constructing, acquiring, 1 6 furnishing, operating, or maintaining a joint public building 1 7 pursuant to subsection 1. Section 28E.16 shall apply 1 8 regarding a single election to be authorized by the board of 1 9 supervisors, city council, governing body of a fire district, 1 10 and board of directors of a school district, in the event that 1 11 a single bond issue throughout the overlapping or contiguous 1 12 areas, or noncontiguous cities located in the same county or 1 13 cities located in contiguous counties, is contemplated. If 1 14 separate bond issues are authorized by the governing body of a 1 15 county, city, fire district, or school district for its 1 16 respective share of the cost of the joint public building, the 1 17 applicable bonding provisions of chapters 74, 75, 296, 298, 1 18 331, 357B, 359, and 384 shall apply. With regard to any 1 19 issuance of bonds pursuant to this section, a proposition to 1 20 authorize an issuance of bonds by a county, city, fire 1 21 district, or school district shall be deemed carried or 1 22 adopted if the vote in favor of the proposition is equal to at 1 23 leastsixty percenta majority of the vote cast for and 1 24 against the proposition in each participating county, city, 1 25 fire district, or school district. 1 26 Sec. 2. Section 75.1, unnumbered paragraph 1, Code 2001, 1 27 is amended to read as follows: 1 28 When a proposition to authorize an issuance of bonds by a 1 29 county, township, school corporation, city, or by any local 1 30 board or commission, is submitted to the electors, such 1 31 proposition shall not be deemed carried or adopted, anything 1 32 in the statutes to the contrary notwithstanding, unless the 1 33 vote in favor of such authorization is equal to at leastsixty1 34percenta majority of the total vote cast for and againstsaid1 35 the proposition atsaidthe election. 2 1 Sec. 3. Section 174.17, subsection 1, paragraph b, Code 2 2 2001, is amended to read as follows: 2 3 b. If at any time before the date fixed for taking action 2 4 for the issuance of the bonds, a petition signed by three 2 5 percent of the registered voters of the county is filed with 2 6 the board of supervisors, asking that the question of issuing 2 7 the bonds be submitted to the registered voters, the board of 2 8 supervisors shall either by resolution declare the proposal to 2 9 issue the bonds to have been abandoned or shall direct the 2 10 county commissioner of elections to call a special election 2 11 upon the question of issuing the bonds. The proposition of 2 12 issuing bonds under this subsection is not approved unless the 2 13 vote in favor of the proposition is equal to at leastsixty2 14percenta majority of the vote cast. If a petition is not 2 15 filed, or if a petition is filed and the proposition of 2 16 issuing the bonds is approved at an election, the board of 2 17 supervisors acting on behalf of the society may proceed with 2 18 the authorization and issuance of the bonds. Bonds may be 2 19 issued for the purpose of refunding outstanding and previously 2 20 issued bonds under this subsection without otherwise complying 2 21 with the provisions of this subsection. 2 22 Sec. 4. Section 260C.21, Code 2001, is amended to read as 2 23 follows: 2 24 260C.21 ELECTION TO INCUR INDEBTEDNESS. 2 25 No indebtedness shall be incurred under section 260C.19 2 26 until authorized by an election. A proposition to incur 2 27 indebtedness and issue bonds for community college purposes 2 28 shall be deemed carried in a merged area if approved by a 2 29sixty percentmajority of all voters voting on the proposition 2 30 in the area. However, if the costs of utilities are paid by a 2 31 community college with funds derived from the levy authorized 2 32 under section 260C.22, the community college may use the 2 33 general fund moneys that would have been used to pay the costs 2 34 of utilities for capital expenditures, may invest the funds, 2 35 or may incur indebtedness without an election, provided that 3 1 the payments on the indebtedness incurred, and any interest on 3 2 the indebtedness, can be made using general funds of the 3 3 community college and the total payments on the principal and 3 4 interest on the indebtedness do not exceed the amount of the 3 5 costs of the utilities. 3 6 Sec. 5. Section 278.1, unnumbered paragraph 2, Code 2001, 3 7 is amended to read as follows: 3 8 The board may, with approval ofsixty percenta majority of 3 9 the voters, voting in a regular or special election in the 3 10 school district, make extended time contracts not to exceed 3 11 twenty years in duration for rental of buildings to supplement 3 12 existing schoolhouse facilities; and where it is deemed 3 13 advisable for buildings to be constructed or placed on real 3 14 estate owned by the school district, these contracts may 3 15 include lease-purchase option agreements, the amounts to be 3 16 paid out of the physical plant and equipment levy fund. 3 17 Sec. 6. Section 296.6, Code 2001, is amended to read as 3 18 follows: 3 19 296.6 BONDS. 3 20 If the vote in favor of the issuance of such bonds is equal 3 21 to at leastsixty percenta majority of the total vote cast 3 22 for and againstsaidthe proposition atsaidthe election, the 3 23 board of directors shall issue thesamebonds and make 3 24 provision for paymentthereofof the bonds. 3 25 Sec. 7. Section 298.18, unnumbered paragraph 6, Code 3 26 Supplement 2001, is amended to read as follows: 3 27 Notice of the election shall be given by the county 3 28 commissioner of elections according to section 49.53. The 3 29 election shall be held on a date not less than four nor more 3 30 than twenty days after the last publication of the notice. At 3 31 such election the ballot used for the submission ofsaidthe 3 32 proposition shall be in substantially the form for submitting 3 33 special questions at general elections. The county 3 34 commissioner of elections shall conduct the election pursuant 3 35 to the provisions of chapters 39 to 53 and certify the results 4 1 to the board of directors.SuchThe proposition shall not be 4 2 deemed carried or adopted unless the vote in favor of such 4 3 proposition is equal to at leastsixty percenta majority of 4 4 the total vote cast for and againstsaidthe proposition at 4 5saidthe election. Whenever such a proposition has been 4 6 approved by the voters of a school corporation as hereinbefore 4 7 provided, no further approval of the voters of such school 4 8 corporation shall be required as a result of any subsequent 4 9 change in the boundaries of such school corporation. 4 10 Sec. 8. Section 331.442, subsection 4, Code 2001, is 4 11 amended to read as follows: 4 12 4. The proposition of issuing bonds for a general county 4 13 purpose is not carried or adopted unless the vote in favor of 4 14 the proposition is equal to at leastsixty percenta majority 4 15 of the total vote cast for and against the proposition at the 4 16 election. If the proposition of issuing the general county 4 17 purpose bonds is approved by the voters, the board may proceed 4 18 with the issuance of the bonds. 4 19 Sec. 9. Section 357C.7, Code 2001, is amended to read as 4 20 follows: 4 21 357C.7 ELECTION ON PROPOSED LEVY AND CANDIDATES FOR 4 22 TRUSTEES. 4 23 When a preliminary plat has been approved by the board of 4 24 supervisors, an election shall be held within the district 4 25 within sixty days to approve or disapprove the levy of a tax 4 26 of not more than fifty-four cents per thousand dollars of 4 27 assessed value on all the taxable property within the 4 28 district, and to choose candidates for the offices of trustees 4 29 of the district. Notice of the election, including the time 4 30 and place of holding the same, shall be given in the same 4 31 manner as for the original public hearing as provided herein. 4 32 The vote shall be by ballot which shall state clearly the 4 33 proposition to be voted upon, and any registered voter 4 34 residing within the district at the time of the election shall 4 35 be entitled to vote. It shall not be mandatory for the county 5 1 commissioner of elections to conduct elections held pursuant 5 2 to this chapter, but they shall be conducted in accordance 5 3 with the provisions of chapter 49 where not in conflict with 5 4 this chapter. Judges shall be appointed to serve without pay 5 5 by the board of supervisors from among the registered voters 5 6 of the district who will have charge of the election. The 5 7 proposition shall be deemed to have carried ifsixty percenta 5 8 majority of those voting thereon vote in favor of same. 5 9 Sec. 10. Section 357C.10, Code 2001, is amended to read as 5 10 follows: 5 11 357C.10 BONDS IN ANTICIPATION OF REVENUE. 5 12 Benefited street lighting districts may anticipate the 5 13 collection of taxes by the levyhereinprovided for in this 5 14 chapter, and to carry out the purposes of this chapter may 5 15 issue bonds payable in not more than ten equal installments, 5 16 with the rate of interest thereon not exceeding that permitted 5 17 by chapter 74A. No indebtedness shall be incurred under this 5 18 chapter until authorized by an election. Such election shall 5 19 be held and notice given in the same manner as the election 5 20 providedhereinin this chapter for the authorization of a tax 5 21 levy, andthe same sixty percentat least a majority vote 5 22 shall be necessary to authorize indebtedness. Both 5 23 propositions may be submitted to the voters in the same 5 24 election. 5 25 Sec. 11. Section 357D.8, Code 2001, is amended to read as 5 26 follows: 5 27 357D.8 ELECTION ON PROPOSED LEVY AND CANDIDATES FOR 5 28 TRUSTEES. 5 29 When a preliminary plat has been approved by the board, an 5 30 election shall be held within the district within sixty days 5 31 to approve or disapprove the levy of a tax of not more than 5 32 one dollar per thousand dollars of assessed value on all the 5 33 taxable property within the district and to choose candidates 5 34 for the offices of trustees of the district. Notice of the 5 35 election, including the time and place of holding the 6 1 election, shall be given as provided in section 357D.4. The 6 2 vote shall be by ballot which shall state clearly the 6 3 proposition to be voted upon and any registered voter residing 6 4 within the district at the time of the election may vote. It 6 5 is not mandatory for the county commissioner of elections to 6 6 conduct elections held pursuant to this chapter, but the 6 7 elections shall be conducted in accordance with chapter 49 6 8 where not in conflict with this chapter. Judges shall be 6 9 appointed to serve without pay by the board from among the 6 10 registered voters of the district to be in charge of the 6 11 election. The proposition is approved ifsixty percenta 6 12 majority of those voting on the proposition vote in favor of 6 13 it. 6 14 Sec. 12. Section 357D.11, Code 2001, is amended to read as 6 15 follows: 6 16 357D.11 BONDS IN ANTICIPATION OF REVENUE. 6 17 A district may anticipate the collection of taxes by the 6 18 levy authorized in this chapter, and to carry out the purposes 6 19 of this chapter may issue bonds payable in not more than ten 6 20 equal installments with the rate of interest not exceeding 6 21 that permitted by chapter 74A. An indebtedness shall not be 6 22 incurred under this chapter until authorized by an election. 6 23 The election shall be held and notice given in the same manner 6 24 as provided in section 357D.8, andthe same sixty percentat 6 25 least a majority vote shall be necessary to authorize 6 26 indebtedness. Both propositions may be submitted to the 6 27 voters at the same election. 6 28 Sec. 13. Section 357F.8, Code 2001, is amended to read as 6 29 follows: 6 30 357F.8 ELECTION ON PROPOSED LEVY AND CANDIDATES FOR 6 31 TRUSTEES. 6 32 When a preliminary plat has been approved by the board, an 6 33 election shall be held within the district within sixty days 6 34 to approve or disapprove the levy of a tax of not more than 6 35 one dollar per thousand dollars of assessed value on all the 7 1 taxable property within the district and to choose candidates 7 2 for the offices of trustees of the district. The ballot shall 7 3 set out the reason for the tax and the amount needed. The tax 7 4 shall be set to raise only the amount needed. Notice of the 7 5 election, including the time and place of holding the 7 6 election, shall be given as provided in section 357F.4. The 7 7 vote shall be by ballot which shall state clearly the 7 8 proposition to be voted upon and any registered voter residing 7 9 within the district at the time of the election may vote. It 7 10 is not mandatory for the county commissioner of elections to 7 11 conduct elections held pursuant to this chapter, but the 7 12 elections shall be conducted in accordance with chapter 49 7 13 where not in conflict with this chapter. Judges shall be 7 14 appointed to serve without pay by the board from among the 7 15 registered voters of the district to be in charge of the 7 16 election. The proposition is approved ifsixty percentat 7 17 least a majority of those voting on the proposition vote in 7 18 favor of it. 7 19 Sec. 14. Section 357F.11, Code 2001, is amended to read as 7 20 follows: 7 21 357F.11 BONDS IN ANTICIPATION OF REVENUE. 7 22 A district may anticipate the collection of taxes by the 7 23 levy authorized in this chapter, and to carry out the purposes 7 24 of this chapter may issue bonds payable in not more than ten 7 25 equal installments with the rate of interest not exceeding 7 26 that permitted by chapter 74A. An indebtedness shall not be 7 27 incurred under this chapter until authorized by an election. 7 28 The election shall be held and notice given in the same manner 7 29 as provided in section 357F.8, andthe same sixty percentat 7 30 least a majority vote shall be necessary to authorize 7 31 indebtedness. Both propositions may be submitted to the 7 32 voters at the same election. 7 33 Sec. 15. Section 357G.8, Code 2001, is amended to read as 7 34 follows: 7 35 357G.8 ELECTION ON PROPOSED LEVY AND CANDIDATES FOR 8 1 TRUSTEES. 8 2 When a preliminary plat has been approved by the council, 8 3 an election shall be held within the district within sixty 8 4 days to approve or disapprove the levy of a tax of not more 8 5 than one dollar per thousand dollars of assessed value on all 8 6 the taxable property within the district and to choose 8 7 candidates for the offices of trustees of the district. The 8 8 ballot shall set out the reason for the tax and the amount 8 9 needed. The tax shall be set to raise only the amount needed. 8 10 Notice of the election, including the time and place of 8 11 holding the election, shall be given as provided in section 8 12 357G.4. The vote shall be by ballot which shall state clearly 8 13 the proposition to be voted upon and any registered voter 8 14 residing within the district at the time of the election may 8 15 vote. It is not mandatory for the county commissioner of 8 16 elections to conduct elections held pursuant to this chapter, 8 17 but the elections shall be conducted in accordance with 8 18 chapter 49 where not in conflict with this chapter. Judges 8 19 shall be appointed to serve without pay by the council from 8 20 among the registered voters of the district to be in charge of 8 21 the election. The proposition is approved ifsixty percenta 8 22 majority of those voting on the proposition vote in favor of 8 23 it. 8 24 Sec. 16. Section 357G.11, Code 2001, is amended to read as 8 25 follows: 8 26 357G.11 BONDS IN ANTICIPATION OF REVENUE. 8 27 A district may anticipate the collection of taxes by the 8 28 levy authorized in this chapter, and to carry out the purposes 8 29 of this chapter may issue bonds payable in not more than ten 8 30 equal installments with the rate of interest not exceeding 8 31 that permitted by chapter 74A. An indebtedness shall not be 8 32 incurred under this chapter until authorized by an election. 8 33 The election shall be held and notice given in the same manner 8 34 as provided in section 357G.8, andthe same sixty percentat 8 35 least a majority vote shall be necessary to authorize 9 1 indebtedness. Both propositions may be submitted to the 9 2 voters at the same election. 9 3 Sec. 17. Section 384.26, subsection 4, Code 2001, is 9 4 amended to read as follows: 9 5 4. The proposition of issuing general corporate purpose 9 6 bonds is not carried or adopted unless the vote in favor of 9 7 the proposition is equal to at leastsixty percenta majority 9 8 of the total vote cast for and against the proposition at the 9 9 election. If the proposition of issuing the general corporate 9 10 purpose bonds is approved by the voters, the city may proceed 9 11 with the issuance of the bonds. 9 12 Sec. 18. Section 422B.12, subsection 4, paragraph a, 9 13 unnumbered paragraph 2, Code Supplement 2001, is amended to 9 14 read as follows: 9 15 If at any time before the date fixed for taking action for 9 16 the issuance of the bonds, a petition signed by eligible 9 17 electors residing within the jurisdiction seeking to issue the 9 18 bonds in a number equal to at least three percent of the 9 19 registered voters of the bond issuer is filed, asking that the 9 20 question of issuing the bonds be submitted to the registered 9 21 voters, the governing body shall either by resolution declare 9 22 the proposal to issue the bonds to have been abandoned or 9 23 shall direct the county commissioner of elections to call a 9 24 special election upon the question of issuing the bonds. The 9 25 proposition of issuing bonds under this subsection is not 9 26 approved unless the vote in favor of the proposition is equal 9 27 to at leastsixty percenta majority of the vote cast. If a 9 28 petition is not filed, or if a petition is filed and the 9 29 proposition of issuing the bonds is approved at an election, 9 30 the governing body acting on behalf of the issuer may proceed 9 31 with the authorization and issuance of the bonds. Bonds may 9 32 be issued for the purpose of refunding outstanding and 9 33 previously issued bonds under this subsection without 9 34 otherwise complying with the provisions of this subsection. 9 35 Sec. 19. APPLICABILITY. This Act applies to elections 10 1 held on or after July 1, 2002. 10 2 EXPLANATION 10 3 This bill changes from 60 percent to a majority the vote 10 4 required for passage of certain bond issuances. A majority is 10 5 50 percent plus one. The bill applies to bonds issued jointly 10 6 by a county, city, fire district, or school district for 10 7 buildings; by a county fair society; by a community college; 10 8 by a school district; by a county; by a benefited street 10 9 lighting district; by a law enforcement district; by a county 10 10 emergency medical services district; by a city emergency 10 11 medical services district; or by a city. Bonds issued by a 10 12 city or county includes bonds payable with local option sales 10 13 tax revenues. 10 14 The bill applies to elections held on or after July 1, 10 15 2002. 10 16 LSB 5041HH 79 10 17 sc/pj/5
Text: HF02009 Text: HF02011 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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