Text: HSB00019 Text: HSB00021 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 28E.22, unnumbered paragraph 1, Code 1 2 2001, is amended to read as follows: 1 3 The board of supervisors, or the city councils of a 1 4 district composed only of cities, may, and upon receipt of a 1 5 petition signed by eligible electors residing in the district 1 6 equal in number to at least five percent of the registered 1 7 votersresidingin the district shall, submit a proposition to 1 8 the electorate residing in the district at any general 1 9 election or at a special election held throughout the 1 10 district. The proposition shall provide for the establishment 1 11 of a public safety fund and the levy of a tax on taxable 1 12 property located in the district at rates not exceeding the 1 13 rates specified in this section for the purpose of providing 1 14 additional moneys for the operation of the district. 1 15 Sec. 2. Section 28E.28A, subsection 1, Code 2001, is 1 16 amended to read as follows: 1 17 1. After five years from the date that a district is 1 18 established, the public safety commission, upon receipt of a 1 19 petition signed by eligible electors residing within the 1 20 district equal in number to at least fifteen percent of the 1 21 registered votersresidingin the district, shall submit a 1 22 proposition to the electorate of the district at the next 1 23 general election to discontinue the annual levy for unified 1 24 law enforcement services in the district. If a majority of 1 25 the registered voters in each city and the unincorporated area 1 26 of the county, as applicable, approve the proposition, the tax 1 27 levy shall be discontinued. 1 28 Sec. 3. Section 39.22, subsection 1, unnumbered paragraph 1 29 2, Code 2001, is amended to read as follows: 1 30 The election of the trustees and clerk of a township may be 1 31 restored after approval of the appointment process under this 1 32 subsection by a resolution of the board of supervisors 1 33 submitting the question to the registered voters who are 1 34 eligible to vote for township officers of the township at the 1 35 next general election. If the proposition to restore the 2 1 election process is approved by a majority of those voting on 2 2 the question, the election of the township officers shall 2 3 commence with the next primary and general elections. A 2 4 resolution submitting the question of restoring the election 2 5 of township officers at the next general election shall be 2 6 adopted by the board of supervisors upon receipt of a petition 2 7ofsigned by eligible electors residing in the township equal 2 8 in number to at least ten percent of the registered voters of 2 9 a township. The initial terms of the trustees shall be 2 10 determined by lot, one for two years, and two for four years. 2 11 However, if a proposition to change the method of selecting 2 12 township officers is adopted by the electorate, a resolution 2 13 to change the method shall not be submitted to the electorate 2 14 for four years. 2 15 Sec. 4. Section 53.37, Code 2001, is amended by adding the 2 16 following new unnumbered paragraph: 2 17 NEW UNNUMBERED PARAGRAPH. For the purposes of this 2 18 division, "qualified voter" means a person who is included 2 19 within the term "armed forces of the United States" as 2 20 described in this section, who would be qualified to register 2 21 to vote under section 48A.5, subsection 2, except for 2 22 residency, and who is not disqualified from registering to 2 23 vote and voting under section 48A.6. 2 24 Sec. 5. Section 62.17, Code 2001, is amended to read as 2 25 follows: 2 26 62.17 VOTERS REQUIRED TO TESTIFY. 2 27 The court may require any person called as a witness, who 2 28 voted at such election, to answer touching the person's 2 29 qualifications as a voter, and, if the person was not a 2 30qualifiedregistered voter in the county where the person 2 31 voted, then to answer for whom the person voted. 2 32 Sec. 6. Section 66.3, subsection 3, Code 2001, is amended 2 33 to read as follows: 2 34 3. As to any other officer, by fivequalified electors2 35 registered voters of the district, county, or municipality 3 1 where the duties of the office are to be performed. 3 2 Sec. 7. Section 69.4, subsection 3, Code 2001, is amended 3 3 to read as follows: 3 4 3. By senators and representatives in Congress, all 3 5 officers elected by thequalifiedregistered voters in the 3 6 state or any district or division thereof larger than a 3 7 county, or chosen by the general assembly, all judges of 3 8 courts of record, all officers, trustees, inspectors, and 3 9 members of all boards and commissions now or hereafter created 3 10 under the laws of the state, and all persons filling any 3 11 position of trust or profit in the state, for which no other 3 12 provision is made, to the governor. 3 13 Sec. 8. Section 145A.6, Code 2001, is amended to read as 3 14 follows: 3 15 145A.6 PETITION OF PROTEST. 3 16 The plans formulated for the area hospital shall be deemed 3 17 approved unless, within sixty days after the third and final 3 18 publication of the order, a petition protesting the proposed 3 19 plan containing the signatures of at least five percent of the 3 20qualifiedregistered voters of any political subdivision 3 21 within the proposed merged area is filed with the respective 3 22 officials of the protesting petitioners. 3 23 Sec. 9. Section 145A.7, Code 2001, is amended to read as 3 24 follows: 3 25 145A.7 SPECIAL ELECTION. 3 26 When a protesting petition is received, the officials 3 27 receiving the petition shall call a special election of all 3 28qualifiedregistered voters of that political subdivision for 3 29 the purpose of approving or rejecting the order setting out 3 30 the proposed merger plan. The vote will be taken by ballot in 3 31 the form provided by sections 49.43 to 49.47, and the election 3 32 shall be initiated and held as provided in chapter 49. A 3 33 majority vote of thosequalifiedregistered voters voting at 3 34 said special election shall be sufficient to approve the order 3 35 and thus include the political subdivision within the merged 4 1 area. 4 2 Sec. 10. Section 176A.8, subsection 3, unnumbered 4 3 paragraph 2, Code 2001, is amended to read as follows: 4 4 The council shall also provide for the nomination by 4 5 petition of candidates for election to membership on the 4 6 extension council. A nominating petition shall be signed by 4 7 at least twenty-fiveregistered voterseligible electors of 4 8 the extension district and shall be filed with the county 4 9 commissioner of elections at least sixty-nine days before the 4 10 date of the election. 4 11 Sec. 11. Section 256.11, subsection 10, paragraph b, Code 4 12 2001, is amended to read as follows: 4 13 b. In response to a petition filed with the director 4 14 requesting such a committee visitation that is signed by 4 15 eligible electors residing in the school district equal in 4 16 number to at least twenty percentor moreof the registered 4 17 voters ofathe school district. 4 18 Sec. 12. Section 275.12, subsection 1, Code 2001, is 4 19 amended to read as follows: 4 20 1. A petition describing the boundaries, or accurately 4 21 describing the area included therein by legal descriptions, of 4 22 the proposed district, which boundaries or area described 4 23 shall conform to plans developed or the petition shall request 4 24 change of the plan, shall be filed with the area education 4 25 agency administrator of the area education agency in which the 4 26 greatest number of registered voters reside. However, the 4 27 area education agency administrator shall not accept a 4 28 petition if any of the school districts affected have approved 4 29 the issuance of general obligation bonds at an election 4 30 pursuant to section 296.6 during the preceding six-month 4 31 period. The petition shall be signed byregistered voters4 32 eligible electors residing in each existing school district or 4 33 portion affected equal in number to at least twenty percent of 4 34 the number of registered voters in the school district or 4 35 portion affected, or four hundredregistered voterseligible 5 1 electors, whichever is the smaller number. 5 2 Sec. 13. Section 275.51, unnumbered paragraph 1, Code 5 3 2001, is amended to read as follows: 5 4 As an alternative to school district reorganization 5 5 prescribed in this chapter, the board of directors of a school 5 6 district may establish a school district dissolution 5 7 commission to prepare a proposal of dissolution of the school 5 8 district and attachment of all of the school district to one 5 9 or more contiguous school districts and to include in the 5 10 proposal a division of the assets and liabilities of the 5 11 dissolving school district. A school district dissolution 5 12 commission shall be established by the board of directors of a 5 13 school district if a dissolution proposal has been prepared by 5 14registered voterseligible electors who reside within the 5 15 district. The proposal must contain the names of the proposed 5 16 members of the commission and be accompanied by a petition 5 17 which has been signed by eligible electors residing in the 5 18 school district equal in number to at least twenty percent of 5 19 the registered voters in the school district. 5 20 Sec. 14. Section 298.18, unnumbered paragraph 4, Code 5 21 2001, is amended to read as follows: 5 22 The amount estimated and certified to apply on principal 5 23 and interest for any one year may exceed two dollars and 5 24 seventy cents per thousand dollars of assessed value by the 5 25 amount approved by the voters of the school corporation, but 5 26 not exceeding four dollars and five cents per thousand of the 5 27 assessed value of the taxable property within any school 5 28 corporation, provided that thequalifiedregistered voters of 5 29 such school corporation have first approved such increased 5 30 amount at a special election, which may be held at the same 5 31 time as the regular school election. The proposition 5 32 submitted to the voters at such special election shall be in 5 33 substantially the following form: 5 34 Sec. 15. Section 301.24, Code 2001, is amended to read as 5 35 follows: 6 1 301.24 PETITION – ELECTION. 6 2 Whenever a petition signed by eligible electors residing in 6 3 the school district equal in number to at least ten percent of 6 4 thequalifiedregistered voters in the school district, to be 6 5 determined by the school board of any school district, shall 6 6 be filed with the secretary thirty days or more before the 6 7 regular election, asking that the question of providing free 6 8 textbooks for the use of pupils in the public schools thereof 6 9 be submitted to the voters at the next regular election, the 6 10 secretary shall cause notice of such proposition to be given 6 11 in the notice of such election. 6 12 Sec. 16. Section 303.42, unnumbered paragraph 1, Code 6 13 2001, is amended to read as follows: 6 14TenEligible electors residing within the limits of a 6 15 proposed land use district equal in number to at least ten 6 16 percent or more of thequalifiedregistered voters residing 6 17 within the limits of a proposed land use district may file a 6 18 petition in the office of the county auditor of the county in 6 19 which the proposed land use district, or its major portion, is 6 20 located, requesting that there be submitted to thequalified6 21 registered voters of the proposed district the question of 6 22 whether the territory within the boundaries of the proposed 6 23 district shall be organized as a land use district under this 6 24 subchapter. The petition shall be addressed to the board of 6 25 supervisors of the county where it is filed and shall set 6 26 forth the following: 6 27 Sec. 17. Section 303.45, Code 2001, is amended to read as 6 28 follows: 6 29 303.45 HEARING OF PETITION AND ORDER. 6 30 The board of supervisors to whom the petition is addressed 6 31 shall preside at the hearing provided for in section 303.44 6 32 and shall continue the hearing in session, with adjournments 6 33 from day to day, if necessary, until completed, without being 6 34 required to give any further notice of it. Proof of the 6 35 residence and qualification of the petitioners asqualified7 1voterseligible electors shall be made by affidavit or 7 2 otherwise as the board may direct. The board shall consider 7 3 the boundaries of the proposed land use district, whether they 7 4 shall be as described in the petition or otherwise, and for 7 5 that purpose may alter and amend the petition and limit or 7 6 change the boundaries of the proposed district as stated in 7 7 the petition. The boundaries of a proposed district shall not 7 8 be changed to include property not included in the original 7 9 petition and published notice until the owner of that property 7 10 is given notice as on the original hearing. All persons in 7 11 the proposed district shall have an opportunity to be heard 7 12 regarding the location and boundaries of the proposed district 7 13 and to make suggestions regarding them. The board of 7 14 supervisors, after hearing the statements, evidence, and 7 15 suggestions made and offered at the hearing, shall enter an 7 16 order fixing the boundaries of the proposed district and 7 17 directing that an election be held for the purpose of 7 18 submitting to thequalifiedregistered voters residing within 7 19 the boundaries of the proposed district the question of 7 20 organization and establishment of the proposed land use 7 21 district as determined by the board of supervisors. The order 7 22 shall fix a date for the election not more than sixty days 7 23 after the date of the order, establish voting precincts within 7 24 the proposed district and define their boundaries, and specify 7 25 the polling places which in the board's judgment will best 7 26 serve the convenience of the voters, and shall appoint from 7 27 residents of the proposed district three judges and two clerks 7 28 of election for each voting precinct established. 7 29 Sec. 18. Section 303.47, Code 2001, is amended to read as 7 30 follows: 7 31 303.47 ELECTION. 7 32 Eachqualifiedregistered voter residing within the 7 33 proposed district may cast a ballot at the election and a 7 34 person shall not vote in any precinct but that of the person's 7 35 residence. Ballots at the election shall be in substantially 8 1 the following form: 8 2 For Land Use District 8 3 Against Land Use District 8 4 PARAGRAPH DIVIDED. The election shall be conducted in the 8 5 manner provided by law for general elections and the ballots 8 6 so cast shall be issued, received, returned, and canvassed in 8 7 the same manner and by the same officers, in the county whose 8 8 board of supervisors is vested with jurisdiction of the 8 9 proceedings, as provided by law in the case of ballots cast 8 10 for county officers, except as modified by this subchapter. 8 11 The board of supervisors shall cause a statement of the result 8 12 of the election to be spread upon the records of the county 8 13 auditor. If a majority of the votes cast upon the question of 8 14 incorporation of the proposed district is in favor of the 8 15 proposed district, the proposed district becomes an organized 8 16 district under this subchapter. 8 17 Sec. 19. Section 303.52A, Code 2001, is amended to read as 8 18 follows: 8 19 303.52A INCLUSION OR EXCLUSION OF LAND. 8 20 If at least sixty percent of thequalified electors8 21 registered voters of a land area petition the board of 8 22 supervisors for inclusion in or exclusion from a land use 8 23 district, the board shall review the petition and determine if 8 24 the petition contains a sufficient number ofqualified8 25electorsregistered voters residing in the affected land area 8 26 and, if the petition is sufficient, submit it to the board of 8 27 trustees of the land use district. The land area to be 8 28 included in or excluded from the land use district must be 8 29 contiguous to the land use district. If two thirds of the 8 30 membership of the board of trustees vote in favor of the 8 31 petition, the petition shall be granted and the land area 8 32 included in or excluded from the district. 8 33 Sec. 20. Section 330A.17, Code 2001, is amended to read as 8 34 follows: 8 35 330A.17 STATUTE COMPLETE AND ADDITIONAL AUTHORITY. 9 1 The powers conferred by this chapter shall be in addition 9 2 and supplemental to any other law and this chapter shall not 9 3 be construed so as to repeal any other law, except to the 9 4 extent of any conflict between the provisions of this chapter 9 5 and the provisions of any other law, in which event the 9 6 provisions of this chapter shall be controlling and shall, to 9 7 the extent of any such conflict, supersede the provisions of 9 8 any other law. This chapter is intended to and shall provide 9 9 an alternative and complete method for the exercise of the 9 10 powers granted by this chapter, and the aviation facilities 9 11 authorized by this chapter may be constructed, acquired, or 9 12 improved and bonds or other obligations issued pursuant to 9 13 this chapter upon compliance with the provisions of this 9 14 chapter without regard to or necessity for compliance with the 9 15 limitations or restrictions contained in any other law. No 9 16 approval of thequalified electorsregistered voters or 9 17 qualified freeholders of the state, or of any other political 9 18 subdivision or taxing unit or agency thereof, or of the member 9 19 municipalities shall be required for the issuance of any bonds 9 20 by an authority pursuant to this chapter. 9 21 Sec. 21. Section 331.205, subsection 1, Code 2001, is 9 22 amended to read as follows: 9 23 1. In a county where there is a city operating under the 9 24 commission form of government with a population of more than 9 25 seventy-five thousand, the petition to increase or reduce the 9 26 number of members of the board must contain signatures of 9 27 eligible electors residing inside the county and outside of 9 28 the corporate limits of the city equal in number to at least 9 29 ten percent of the registered voters residing within the 9 30 county and outside of the corporate limits of the city and 9 31 signatures of eligible electors residing within the city equal 9 32 in number to at least ten percent of the registered voters 9 33 residing within the city. 9 34 Sec. 22. Section 331.441, subsection 2, paragraph b, 9 35 subparagraph (7), Code 2001, is amended to read as follows: 10 1 (7) Enlargement and improvement of a county hospital 10 2 acquired and operated under chapter 347A, subject to a maximum 10 3 of two percent of the assessed value of the taxable property 10 4 in the county. However, notice of the proposed bond issue 10 5 shall be published once each week for two consecutive weeks 10 6 and if, within twenty days following the date of the first 10 7 publication, a petition requesting an election on the proposal 10 8 and signed byqualified voterseligible electors of the county 10 9 equal in number to at least twenty percent of the votes cast 10 10 at the preceding election for governor is filed with the 10 11 county auditor, the proposal is subject to the election 10 12 requirements in section 331.442, subsections 2, 3 and 4 for 10 13 general county purpose bonds. 10 14 Sec. 23. Section 331.441, subsection 2, paragraph b, 10 15 subparagraph (12), subparagraph subdivision (b), Code 2001, is 10 16 amended to read as follows: 10 17 (b) General obligation bonds for the purposes described in 10 18 this subparagraph are subject to an election held in the 10 19 manner provided in section 331.442, subsections 1 through 4, 10 20 if not later than fifteen days following the action by the 10 21 county board of supervisors, eligiblevoterselectors file a 10 22 petition with the county commissioner of elections asking that 10 23 the question of issuing the bonds be submitted to the 10 24 registered voters of the special service area tax district. 10 25 The petition must be signed by eligible electors equal in 10 26 number to at least five percent of the registered voters 10 27 residing in the special service area tax district. If the 10 28 petition is duly filed within the fifteen days, the board of 10 29 supervisors shall either adopt a resolution declaring that the 10 30 proposal to issue the bonds is abandoned, or direct the county 10 31 commissioner of elections to call a special election within a 10 32 special service area tax district upon the question of issuing 10 33 the bonds. 10 34 Sec. 24. Section 331.461, subsection 2, paragraph d, Code 10 35 2001, is amended to read as follows: 11 1 d. The equipment, enlargement, and improvement of a county 11 2 public hospital previously established and operating under 11 3 chapter 347, including acquisition of the necessary lands, 11 4 rights of way, and other property, subject to approval by the 11 5 board of hospital trustees. However, notice of the proposed 11 6 bond issue shall be published at least once each week for two 11 7 consecutive weeks and if, within thirty days following the 11 8 date of the first publication, a petition requesting an 11 9 election on the proposal and signed byqualified voters11 10 eligible electors of the county equal to at least twenty 11 11 percent of the votes cast at the preceding election for 11 12 governor is filed with the county auditor, the proposal is 11 13 subject to the election requirements in section 331.442, 11 14 subsections 2, 3 and 4, for general county purpose bonds. 11 15 Bonds issued under this paragraph shall mature in not more 11 16 than thirty years from date of issuance. 11 17 Sec. 25. Section 336.18, subsection 2, paragraph a, Code 11 18 2001, is amended to read as follows: 11 19 a. Contracts shall provide for the amount to be 11 20 contributed. They may, by mutual consent of the contracting 11 21 parties, be terminated at any time. They may also be 11 22 terminated by a majority of the voters represented by either 11 23 of the contracting parties, voting on a proposition to 11 24 terminate which shall be submitted by the governing body upon 11 25 a written petition ofqualified voterseligible electors in a 11 26 number not less than five percent of those who voted in the 11 27 area for president of the United States or governor at the 11 28 last general election. 11 29 Sec. 26. Section 336.18, subsection 4, paragraph a, Code 11 30 2001, is amended to read as follows: 11 31 a.QualifiedEligible electors of that part of any county 11 32 outside of cities in a number of not less than twenty-five 11 33 percent of those in the area who voted for president of the 11 34 United States or governor at the last general election may 11 35 petition the board of supervisors to submit the proposition of 12 1 requiring the board to provide library service for them and 12 2 their area by contract as provided by this section. 12 3 Sec. 27. Section 347.23, unnumbered paragraph 1, Code 12 4 2001, is amended to read as follows: 12 5 Any hospital organized and existing as a city hospital may 12 6 become a county hospital organized and managed as provided for 12 7 in this chapter, upon a proposition for such purpose being 12 8 submitted to and approved by a majority of the electors of 12 9 both the city in which such hospital is located, and of the 12 10 county under whose management it is proposed that such 12 11 hospital be placed, at any general or special election called 12 12 for such purpose. The proposition shall be placed upon the 12 13 ballot by the board of supervisors when requested by a 12 14 petitionthereforsigned byqualifiedeligible electors of the 12 15 county equal in number to five percent of the votes cast for 12 16 president of the United States or governor, as the case may 12 17 be, at the last general election. The proposition may be 12 18 submitted at the next general election or at a special 12 19 election calledthereforfor that purpose. Upon the approval 12 20 of the proposition the hospital, its assets and liabilities, 12 21 will become the property of the county and this chapter will 12 22 govern its future management. The question shall be submitted 12 23 in substantially the following form: "Shall the municipal 12 24 hospital of ......, Iowa, be transferred to and become the 12 25 property of, and be managed by the county of ......, Iowa?" 12 26 Sec. 28. Section 347.23A, subsection 2, unnumbered 12 27 paragraph 1, Code 2001, is amended to read as follows: 12 28 The proposition shall be placed upon the ballot by the 12 29 board of supervisors if requested by the hospital's board of 12 30 trustees or governing commission and the request is endorsed 12 31 by a petition for this purpose signed byqualifiedeligible 12 32 electors of the county equal in number to five percent of the 12 33 votes cast for president of the United States or governor, as 12 34 the case may be, at the last general election. Upon the 12 35 approval of the proposition the hospital, its assets and 13 1 liabilities, shall become the property of the county and this 13 2 chapter shall govern its future management. 13 3 Sec. 29. Section 359.8, Code 2001, is amended to read as 13 4 follows: 13 5 359.8 DIVISION – EFFECT. 13 6 If the petition is signed by a majority of thequalified13 7electorsregistered voters of the township residing without 13 8 the corporate limits of the city, the board of supervisors 13 9 shall divide the township into two townships, as petitioned; 13 10 but, except for election purposes, including the appointment 13 11 of precinct election officials rendered necessary by the 13 12 change, the division shall not take effect until the first day 13 13 of January following the next general election which is not a 13 14 Sunday or a legal holiday. 13 15 Sec. 30. Section 359.17, Code 2001, is amended to read as 13 16 follows: 13 17 359.17 TRUSTEES – DUTIES – MEETINGS. 13 18 The board of township trustees in each township shall 13 19 consist of threequalified electorsregistered voters of the 13 20 township. The trustees shall act as fence viewers and shall 13 21 perform other duties assigned them by law. The board of 13 22 trustees shall meet not less than two times a year. At least 13 23 one of the meetings shall be scheduled to meet the 13 24 requirements of section 359.49. 13 25 Sec. 31. Section 368.11, unnumbered paragraph 1, Code 13 26 2001, is amended to read as follows: 13 27 A petition for incorporation, discontinuance, or boundary 13 28 adjustment may be filed with the board by a city council, a 13 29 county board of supervisors, a regional planning authority, or 13 30 five percent of thequalified electorsregistered voters of a 13 31 city or territory involved in the proposal. Notice of the 13 32 filing, including a copy of the petition, must be served upon 13 33 the council of each city for which a discontinuance or 13 34 boundary adjustment is proposed, the board of supervisors for 13 35 each county which contains a portion of a city to be 14 1 discontinued or territory to be incorporated, annexed or 14 2 severed, the council of a city if an incorporation includes 14 3 territory within the city's urbanized area, and any regional 14 4 planning authority for the area involved. 14 5 Sec. 32. Section 384.19, unnumbered paragraph 1, Code 14 6 2001, is amended to read as follows: 14 7 Within a period of ten days after the final date that a 14 8 budget or amended budget may be certified to the county 14 9 auditor, persons affected by the budget may file a written 14 10 protest with the county auditor, specifying their objections 14 11 to the budget or any part of it. A protest must be signed by 14 12qualified electorsregistered voters equal in number to one- 14 13 fourth of one percent of the votes cast for governor in the 14 14 last preceding general election in the city, but the number 14 15 shall not be less than ten persons and the number need not be 14 16 more than one hundred persons. 14 17 Sec. 33. Section 384.84A, subsection 2, unnumbered 14 18 paragraph 1, Code 2001, is amended to read as follows: 14 19 If, before the date fixed for taking action to authorize 14 20 the issuance of revenue bonds for the storm water drainage 14 21 construction project, a petition signed by eligible electors 14 22 residing within the city equal in number to at least three 14 23 percent of the registered voters of the city, asking that the 14 24 question of issuing revenue bonds for the storm water drainage 14 25 construction project be submitted to the registered voters of 14 26 the city, the council, by resolution, shall declare the 14 27 project abandoned or shall direct the county commissioner of 14 28 elections to call a special election upon the question of 14 29 issuing the bonds for the storm water drainage construction 14 30 project if the cost of the project and population of the city 14 31 meet one of the following criteria: 14 32 Sec. 34. Section 422A.2, subsection 4, paragraph f, 14 33 unnumbered paragraph 2, Code 2001, is amended to read as 14 34 follows: 14 35 If at any time before the date fixed for taking action for 15 1 the issuance of the bonds, a petition signed by eligible 15 2 electors residing in the city or the unincorporated area equal 15 3 in number to at least three percent of the registered voters 15 4 of the city or unincorporated area, asking that the question 15 5 of issuing the bonds be submitted to the registered voters of 15 6 the city or unincorporated area, the council or board of 15 7 supervisors acting on behalf of an unincorporated area shall 15 8 either by resolution declare the proposal to issue the bonds 15 9 to have been abandoned or shall direct the county commissioner 15 10 of elections to call a special election upon the question of 15 11 issuing the bonds. 15 12 Sec. 35. Section 422B.12, subsection 4, paragraph a, 15 13 unnumbered paragraph 2, Code 2001, is amended to read as 15 14 follows: 15 15 If at any time before the date fixed for taking action for 15 16 the issuance of the bonds, a petition signed by eligible 15 17 electors residing within the jurisdiction seeking to issue the 15 18 bonds in a number equal to at least three percent of the 15 19 registered voters of the bond issuer is filed, asking that the 15 20 question of issuing the bonds be submitted to the registered 15 21 voters, the governing body shall either by resolution declare 15 22 the proposal to issue the bonds to have been abandoned or 15 23 shall direct the county commissioner of elections to call a 15 24 special election upon the question of issuing the bonds. The 15 25 proposition of issuing bonds under this subsection is not 15 26 approved unless the vote in favor of the proposition is equal 15 27 to at least sixty percent of the vote cast. If a petition is 15 28 not filed, or if a petition is filed and the proposition of 15 29 issuing the bonds is approved at an election, the governing 15 30 body acting on behalf of the issuer may proceed with the 15 31 authorization and issuance of the bonds. Bonds may be issued 15 32 for the purpose of refunding outstanding and previously issued 15 33 bonds under this subsection without otherwise complying with 15 34 the provisions of this subsection. 15 35 Sec. 36. Section 468.514, Code 2001, is amended to read as 16 1 follows: 16 2 468.514 BALLOTS – PETITION FOR PRINTED BALLOTS. 16 3 Candidates for drainage district trustee shall have their 16 4 names placed on printed ballots provided a petition therefor 16 5 is signed by ten qualifiedelectorsvoters of the district and 16 6 filed with the clerk of the board at least twenty-five days 16 7 but not more than sixty-five days before the election. Space 16 8 shall also be provided on the ballot for write-in votes. 16 9 Sec. 37. Section 602.1216, Code 2001, is amended to read 16 10 as follows: 16 11 602.1216 RETENTION OF CLERKS OF THE DISTRICT COURT. 16 12 A clerk of the district court shall stand for retention in 16 13 office, in the county of the clerk's office, upon the petition 16 14ofsigned by eligible electors residing in the county equal in 16 15 number to at least ten percent of allqualified electors16 16 registered voters in the county to the state commissioner of 16 17 elections, at the judicial election in 1988 and every four 16 18 years thereafter, under sections 46.17 through 46.24. The 16 19 petition shall be filed in the office of the state 16 20 commissioner not later than one hundred twenty days before the 16 21 general election. A clerk who is not retained in office is 16 22 ineligible to serve as clerk, in the county in which the clerk 16 23 was not retained, for the four years following the retention 16 24 vote. 16 25 Sec. 38. Section 722.7, subsection 9, Code 2001, is 16 26 amended to read as follows: 16 27 9. Refuses or rejects the vote of anyqualifiedregistered 16 28 voter. 16 29 EXPLANATION 16 30 This bill makes several changes to the Iowa Code regarding 16 31 use of the terms "eligible elector", "qualified elector", and 16 32 "registered voter". Prior to 1994, the term "qualified 16 33 elector" was defined in the Iowa Code as a person registered 16 34 to vote. That term was changed to "registered voter" 16 35 beginning in 1994. This bill changes "qualified voters" and 17 1 "qualified electors" to "registered voters" in those Code 17 2 sections overlooked in the original legislation. 17 3 The bill also changes from registered voters to eligible 17 4 electors those persons qualified to sign a petition required 17 5 or allowed by statute. Eligible electors are persons 17 6 qualified to register to vote regardless of whether they have 17 7 actually registered. Petition requirements amended by the 17 8 bill include petitions regarding unified law enforcement 17 9 districts, township officers, local school districts, land use 17 10 districts, commission form of local government, county bonds, 17 11 county libraries, county hospitals, city revenue bonds, local 17 12 option sales taxes, and retention of district court clerks. 17 13 Finally, the bill amends Code section 53.37 to define 17 14 "qualified voter" to mean, for purposes of absentee voting by 17 15 armed forces, a person described under the term "armed forces 17 16 of the United States" who, except for meeting the residency 17 17 requirement, is otherwise eligible to register to vote and to 17 18 vote in Iowa. The bill also retains the term "qualified" in 17 19 Code section 468.514 to describe those property owners 17 20 eligible to vote on drainage district matters. 17 21 LSB 1057DP 79 17 22 sc/cf/24 17 23
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