Text: HF02539 Text: HF02541 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 331.264 LOCAL GOVERNMENT 1 2 CONSOLIDATION COMMITTEE. 1 3 1. A local government consolidation committee is created 1 4 in each county. The committee shall be composed of the 1 5 following members: 1 6 a. Three city council members chosen by the city council 1 7 of each participating city with a population of twenty-five 1 8 thousand or more. 1 9 b. Three county supervisors chosen by the county board of 1 10 supervisors. 1 11 c. One city council member appointed by each city with a 1 12 population of less than twenty-five thousand. 1 13 d. Two members shall be appointed by each state legislator 1 14 whose legislative district is located in the county if a 1 15 majority of the constituents of that legislative district 1 16 reside in the county. However, if a county does not have a 1 17 state representative's legislative district which has a 1 18 majority of a state representative's constituency residing in 1 19 the county, the state representative having the largest 1 20 plurality of constituents residing in the county shall appoint 1 21 two members. At least one of the members appointed by each 1 22 state legislator shall be a person who is not holding elected 1 23 office and who is a resident of the legislative district of 1 24 the state legislator. For purposes of this paragraph, 1 25 appointments made before January 13, 2003, shall be based on 1 26 the legislative districts established after the 1990 federal 1 27 decennial census. Appointments made on or after January 13, 1 28 2003, shall be based on the legislative districts established 1 29 after the 2000 federal decennial census. In determining the 1 30 number of constituents in each legislative district, the 1 31 decennial census used to establish the legislative district 1 32 shall be used. 1 33 Organization and expenses of the committee are subject to 1 34 section 331.234 as if the committee were a city-county 1 35 consolidation or community commonwealth commission. Sections 2 1 69.16 and 69.16A shall not apply to the committee. However, 2 2 cities in the county that are allowed more than one 2 3 appointment shall balance the additional appointments and 2 4 state legislators who are allowed more than one appointment, 2 5 shall balance their additional appointments in accordance with 2 6 sections 69.16 and 69.16A. 2 7 2. Members shall be appointed to the consolidation 2 8 committee within thirty days after any of the following 2 9 occurs: 2 10 a. The county board of supervisors and each city council 2 11 in the county adopt a joint resolution calling for appointment 2 12 of members to the committee and files the resolution with the 2 13 county board of supervisors. 2 14 b. The county board of supervisors in a county adopts a 2 15 resolution calling for appointment of members to the 2 16 committee. 2 17 c. A petition signed by eligible electors of the county 2 18 equal in number to at least twenty-five percent of the votes 2 19 cast in the county for the office of president of the United 2 20 States or governor at the preceding general election or the 2 21 signatures of at least ten thousand eligible electors of the 2 22 county, whichever number is fewer, is filed with the county 2 23 board of supervisors. 2 24 3. Within seven months after the organization of the 2 25 consolidation committee, the committee shall submit a 2 26 preliminary report to the county board of supervisors. The 2 27 report shall contain the committee's recommendation as to what 2 28 the committee believes to be the best proposal for a 2 29 consolidated form of government for the county. The auditor's 2 30 office shall make the report available to the public upon 2 31 request. A summary of the report shall be published in the 2 32 official newspapers of the county and in a newspaper of 2 33 general circulation in each participating city. 2 34 4. If the committee report recommends a city-county 2 35 consolidation or community commonwealth, the committee shall 3 1 continue its existence and operate with the powers and duties 3 2 of a commission created pursuant to section 331.233A. If the 3 3 committee report recommends a multicounty consolidation, the 3 4 committee shall continue its existence and operate with the 3 5 powers and duties of a commission created pursuant to section 3 6 331.233. If the committee report recommends a consolidated 3 7 metropolitan corporation, the committee shall continue its 3 8 existence and operate with the powers and duties of a 3 9 commission created pursuant to chapter 373. If the committee 3 10 recommends an alternative form of government, that 3 11 recommendation shall state whether elections conducted under 3 12 that form of government shall be partisan or nonpartisan. 3 13 5. This section does not apply to a county in which a 3 14 charter commission has been established and is operating as of 3 15 July 1, 2002. 3 16 Sec. 2. Section 331.235, subsection 3, Code 2001, is 3 17 amended to read as follows: 3 18 3. Withintwentytwelve months after organization, the 3 19 commission shall submit the final report to the board. If the 3 20 commission recommends a charter including a form of government 3 21 other than the existing form of government, the final report 3 22 shall include the full text and an explanation of the proposed 3 23 charter, an analysis of the fiscal impact of the proposed 3 24 charter, any comments deemed desirable by the commission, and 3 25 any minority reports. The final report may recommend no 3 26 change to the existing form of government and that no charter 3 27 be submitted to the electorate. The final report shall be 3 28 made available to the residents of the county upon request. A 3 29 summary of the final report shall be published in the official 3 30 newspapers of the county and in a newspaper of general 3 31 circulation in each participating city. 3 32 Sec. 3. Section 331.235, subsection 4, Code 2001, is 3 33 amended to read as follows: 3 34 4. The commission is dissolved on the date of thegeneral3 35 election at which the proposed charter is submitted to the 4 1 electorate. If a charter is not recommended, the commission 4 2 is dissolved upon submission of its final report to the board. 4 3 Sec. 4. Section 331.237, subsection 1, Code 2001, is 4 4 amended to read as follows: 4 5 1.If aThe board shall direct the county commissioner of 4 6 elections to submit to the registered voters of the county the 4 7 question of whether the proposed charter for county government 4 8 shall be adopted. The proposed charter for county government 4 9ismay be submitted at the general election or at a special 4 10 election called for that purpose. To be submitted at the 4 11 general election, the proposed charter must be received not 4 12 less than five working days before the filing deadline for 4 13 candidates for county offices specified in section 44.4 for 4 14 the next general election, the board shall direct the county4 15commissioner of elections to submit to the registered voters4 16of the county at the next general election the question of4 17whether the proposed charter shall be adopted. A summary of 4 18 the proposed charter or amendment shall be published in the 4 19 official county newspapers and in a newspaper of general 4 20 circulation in each participating city, if applicable, at 4 21 least ten but not more than twenty days before the date of the 4 22 election. If a majority of the votes cast on the question is 4 23 in favor of the proposal, the proposal is adopted. 4 24 Sec. 5. Section 331.237, subsection 2, paragraph a, Code 4 25 2001, is amended to read as follows: 4 26 a. The adopted charter shall take effect the July 1 next 4 27 occurring two years following thegeneralelection at which it 4 28 is approved unless the charter provides a later effective 4 29 date. If the adopted charter calls for a change in the form 4 30 of government, officers to fill elective offices shall be 4 31 elected in the general election in the even-numbered year 4 32 following the adoption of the charter. Those county officers 4 33 holding office at the time of the adoption of the charter 4 34 shall continue in office until the general election in the 4 35 even-numbered year following the adoption of the charter. If 5 1 the charter provides that one or more elective offices are 5 2 combined, the board of supervisors shall appoint one of the 5 3 elective officers of the combined offices to serve until the 5 4 general election in the even-numbered year. If the charter 5 5 calls for the elimination of an elective office, that elective 5 6 officer's term of office shall expire on the date the adopted 5 7 charter takes effect. 5 8 Sec. 6. Section 331.249, subsection 2, unnumbered 5 9 paragraph 2, Code 2001, is amended to read as follows: 5 10 If a city-county consolidation charter is proposed, within 5 11 ninety days following the final report of the commission, a 5 12 resident or property owner of the commission area proposed to 5 13 be consolidated may bring an action in district court for 5 14 declaratory judgment to determine the legality of the proposed 5 15 charter and to otherwise declare the effect of the charter. 5 16 The court shall expedite its review and determination in this 5 17 matter. The referendum on the proposed charter shall be 5 18 stayed during pendency of the action and for such additional 5 19 time during which the proposed charter or its enabling 5 20 legislation does not conform to the Constitution or laws of 5 21 the State of Iowa. If in its final judgment the court 5 22 determines that the proposed charter fails to conform to the 5 23 Constitution or laws of this state, the commission shall have 5 24 a period of six months in which to revise and resubmit the 5 25 proposed charter. 5 26 Sec. 7. IMPLEMENTATION OF ACT. Section 25B.2, subsection 5 27 3, shall not apply to this Act. 5 28 EXPLANATION 5 29 This bill establishes a local government consolidation 5 30 committee in each county to study whether a charter of 5 31 consolidation should be presented to the voters. Members 5 32 shall be appointed within 30 days of a resolution being 5 33 adopted by the county board of supervisors or city councils or 5 34 within 30 days of a petition signed by eligible electors being 5 35 filed with the county. 6 1 Within seven months of organizing, the committee is to 6 2 submit a preliminary report to the county board of supervisors 6 3 on what form of consolidation it recommends. The report is to 6 4 be published in the official newspapers of the county and in a 6 5 newspaper of general circulation in each city. If the 6 6 committee recommends city-county consolidation, multicounty 6 7 consolidation, a consolidated metropolitan corporation, or a 6 8 community commonwealth, the committee shall become the 6 9 commission that will draft the proposal in lieu of the 6 10 commission member requirements currently in statute. The 6 11 requirement to establish a consolidation committee does not 6 12 apply to a county in which a charter commission has been 6 13 established and is operating as of July 1, 2002. 6 14 The bill changes the deadline for a commission studying an 6 15 alternative form of government to submit a final report from 6 16 20 months after organization to 12 months after organization. 6 17 The bill also allows a proposed charter for county government 6 18 to be submitted to the voters at a special election called for 6 19 that purpose in addition to the general election. The bill 6 20 provides that a charter shall take effect the July 1 next 6 21 occurring two years after the election at which the charter is 6 22 approved. The bill also provides that when a charter for 6 23 city-county consolidation is challenged in district court, the 6 24 court is to expedite its review and determination on the 6 25 challenge. 6 26 The bill may include a state mandate as defined in Code 6 27 section 25B.3. The bill makes inapplicable Code section 6 28 25B.2, subsection 3, which would relieve a political 6 29 subdivision from complying with a state mandate if funding for 6 30 the cost of the state mandate is not provided or specified. 6 31 Therefore, political subdivisions are required to comply with 6 32 any state mandate included in the bill. 6 33 LSB 5930HV 79 6 34 sc/hk/91
Text: HF02539 Text: HF02541 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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