Text: SSB03172                          Text: SSB03174
Text: SSB03100 - SSB03199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

Senate Study Bill 3173

Bill Text

PAG LIN
  1  1    Section 1.  Section 39.2, Code 2001, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  4.  Unless otherwise provided by law, a
  1  4 county or city may hold a special election on public measures
  1  5 only on the day of the general election, the day of the
  1  6 regular city election, or the second Tuesday in March of each
  1  7 year.  A school district or merged area may only hold a
  1  8 special election on public measures in conjunction with the
  1  9 regular school election.
  1 10    Sec. 2.  Section 47.6, subsection 1, unnumbered paragraph
  1 11 1, Code 2001, is amended to read as follows:
  1 12    The governing body of any a political subdivision which has
  1 13 authorized a special election to which section 39.2 is,
  1 14 subsections 1, 2, and 3, are applicable shall by written
  1 15 notice inform the commissioner who will be responsible for
  1 16 conducting the election of the proposed date of the special
  1 17 election.  If a public measure will appear on the ballot at
  1 18 the special election the governing body shall submit the
  1 19 complete text of the public measure to the commissioner with
  1 20 the notice of the proposed date of the special election.
  1 21    Sec. 3.  Section 47.6, Code 2001, is amended by adding the
  1 22 following new subsection:
  1 23    NEW SUBSECTION.  3.  A city council or a county board of
  1 24 supervisors that has authorized a public measure to be
  1 25 submitted to the voters at a special election held pursuant to
  1 26 section 39.2, subsection 4, shall file the full text of the
  1 27 public measure with the commissioner no later than five p.m.
  1 28 on the forty-sixth day before the election.  If there are
  1 29 vacancies in county offices to be filled at the special
  1 30 election, candidates shall file their nomination papers with
  1 31 the commissioner not later than five p.m. on the forty-seventh
  1 32 day before the election.  Candidates for city offices to be
  1 33 filled at the special election shall file their nomination
  1 34 papers with the city clerk pursuant to the appropriate
  1 35 election calendar for the city.
  2  1    Sec. 4.  Section 69.12, subsection 1, paragraph a,
  2  2 subparagraph 2, Code 2001, is amended to read as follows:
  2  3    (2)  Fifty-two or more days prior to the election if it is
  2  4 a regularly scheduled or special city election.  However, if a
  2  5 city is required to hold a primary election, the vacancy shall
  2  6 be filled at the next pending election if it occurs seventy-
  2  7 three or more days before a regularly scheduled or special
  2  8 city election.
  2  9    Sec. 5.  Section 69.12, subsection 1, paragraph a,
  2 10 subparagraph (4), Code 2001, is amended by striking the
  2 11 subparagraph.
  2 12    Sec. 6.  Section 99F.7, subsection 10, paragraph a, Code
  2 13 2001, is amended to read as follows:
  2 14    a.  A license to conduct gambling games on an excursion
  2 15 gambling boat in a county shall be issued only if the county
  2 16 electorate approves the conduct of the gambling games as
  2 17 provided in this subsection.  The board of supervisors, upon
  2 18 receipt of a valid petition meeting the requirements of
  2 19 section 331.306, shall direct the commissioner of elections to
  2 20 submit to the registered voters of the county a proposition to
  2 21 approve or disapprove the conduct of gambling games on an
  2 22 excursion gambling boat in the county.  The proposition shall
  2 23 be submitted at a general election or at a special election
  2 24 called for that purpose.  To be submitted at a general
  2 25 election, the petition must be received by the board of
  2 26 supervisors at least five working days before the last day for
  2 27 candidates for county offices to file nomination papers for
  2 28 the general election pursuant to section 44.4.  If a majority
  2 29 of the county voters voting on the proposition favor the
  2 30 conduct of gambling games, the commission may issue one or
  2 31 more licenses as provided in this chapter.  If a majority of
  2 32 the county voters voting on the proposition do not favor the
  2 33 conduct of gambling games, a license to conduct gambling games
  2 34 in the county shall not be issued.
  2 35    Sec. 7.  Section 99F.7, subsection 10, paragraph c, Code
  3  1 2001, is amended to read as follows:
  3  2    c.  If a licensee of a pari-mutuel racetrack who held a
  3  3 valid license issued under chapter 99D as of January 1, 1994,
  3  4 requests a license to operate gambling games as provided in
  3  5 this chapter, the board of supervisors of a county in which
  3  6 the licensee of a pari-mutuel racetrack requests a license to
  3  7 operate gambling games shall submit to the county electorate a
  3  8 proposition to approve or disapprove the operation of gambling
  3  9 games at pari-mutuel racetracks at a special election at the
  3 10 earliest practicable time.  If the operation of gambling games
  3 11 at the pari-mutuel racetrack is not approved by a majority of
  3 12 the county electorate voting on the proposition at the
  3 13 election, the commission shall not issue a license to operate
  3 14 gambling games at the racetrack.
  3 15    Sec. 8.  Section 145A.7, Code Supplement 2001, is amended
  3 16 to read as follows:
  3 17    145A.7  SPECIAL ELECTION.
  3 18    When a protesting petition is received, the officials
  3 19 receiving the petition shall call a special election of all
  3 20 registered voters of that political subdivision for the
  3 21 purpose upon the question of approving or rejecting the order
  3 22 setting out the proposed merger plan.  The vote will be taken
  3 23 by ballot in the form provided by sections 49.43 to 49.47, and
  3 24 the election shall be initiated and held as provided in
  3 25 chapter 49.  A majority vote of those registered voters voting
  3 26 at said special election shall be sufficient to approve the
  3 27 order and thus include the political subdivision within the
  3 28 merged area.
  3 29    Sec. 9.  Section 257.18, subsection 1, Code 2001, is
  3 30 amended to read as follows:
  3 31    1.  An instructional support program that provides
  3 32 additional funding for school districts is established.  A
  3 33 board of directors that wishes to consider participating in
  3 34 the instructional support program shall hold a public hearing
  3 35 on the question of participation.  The board shall set forth
  4  1 its proposal, including the method that will be used to fund
  4  2 the program, in a resolution and shall publish the notice of
  4  3 the time and place of a public hearing on the resolution.
  4  4 Notice of the time and place of the public hearing shall be
  4  5 published not less than ten nor more than twenty days before
  4  6 the public hearing in a newspaper which is a newspaper of
  4  7 general circulation in the school district.  At the hearing,
  4  8 or no later than thirty days after the date of the hearing,
  4  9 the board shall take action to adopt a resolution to
  4 10 participate in the instructional support program for a period
  4 11 not exceeding five years or to direct the county commissioner
  4 12 of elections to submit the question of participation in the
  4 13 program for a period not exceeding ten years to the registered
  4 14 voters of the school district at the next regular school
  4 15 election or at a special election.  If the board submits the
  4 16 question at an election and a majority of those voting on the
  4 17 question favors participation in the program, the board shall
  4 18 adopt a resolution to participate and certify the results of
  4 19 the election to the department of management.
  4 20    Sec. 10.  Section 257.18, subsection 2, unnumbered
  4 21 paragraph 1, Code 2001, is amended to read as follows:
  4 22    If the board does not provide for an election and adopts a
  4 23 resolution to participate in the instructional support
  4 24 program, the district shall participate in the instructional
  4 25 support program unless within twenty-eight days following the
  4 26 action of the board, the secretary of the board receives a
  4 27 petition containing the required number of signatures, asking
  4 28 that an election be called the question to approve or
  4 29 disapprove the action of the board in adopting the
  4 30 instructional support program be submitted to the voters of
  4 31 the school district.  The petition must be signed by eligible
  4 32 electors equal in number to not less than one hundred or
  4 33 thirty percent of the number of voters at the last preceding
  4 34 regular school election, whichever is greater.  The board
  4 35 shall either rescind its action or direct the county
  5  1 commissioner of elections to submit the question to the
  5  2 registered voters of the school district at the next following
  5  3 regular school election or a special election.  If a majority
  5  4 of those voting on the question at the election favors
  5  5 disapproval of the action of the board, the district shall not
  5  6 participate in the instructional support program.  If a
  5  7 majority of those voting on the question favors approval of
  5  8 the action, the board shall certify the results of the
  5  9 election to the department of management and the district
  5 10 shall participate in the program.
  5 11    Sec. 11.  Section 257.29, unnumbered paragraph 1, Code
  5 12 2001, is amended to read as follows:
  5 13    An educational improvement program is established to
  5 14 provide additional funding for school districts in which the
  5 15 regular program district cost per pupil for a budget year is
  5 16 one hundred ten percent of the regular program state cost per
  5 17 pupil for the budget year and which have approved the use of
  5 18 the instructional support program established in section
  5 19 257.18.  A board of directors that wishes to consider
  5 20 participating in the educational improvement program shall
  5 21 hold a hearing on the question of participation and the
  5 22 maximum percent of the regular program district cost of the
  5 23 district that will be used.  The hearing shall be held in the
  5 24 manner provided in section 257.18 for the instructional
  5 25 support program.  Following the hearing, the board may direct
  5 26 the county commissioner of elections to submit the question to
  5 27 the registered voters of the school district at the next
  5 28 following regular school election or a special election held
  5 29 not later than the following February 1.  If a majority of
  5 30 those voting on the question favors participation in the
  5 31 program, the board shall adopt a resolution to participate and
  5 32 shall certify the results of the election to the department of
  5 33 management and the district shall participate in the program.
  5 34 If a majority of those voting on the question does not favor
  5 35 participation, the district shall not participate in the
  6  1 program.
  6  2    Sec. 12.  Section 257.29, unnumbered paragraph 5, Code
  6  3 2001, is amended to read as follows:
  6  4    Once approved at an election, the authority of the board to
  6  5 use the educational improvement program shall continue until
  6  6 the board votes to rescind the educational improvement program
  6  7 or the voters of the school district by majority vote order
  6  8 the discontinuance of the program.  The board shall call an
  6  9 election to vote on submit at the next regular school election
  6 10 the proposition whether to discontinue the program upon the
  6 11 receipt of a petition signed by not less than one hundred
  6 12 eligible electors or thirty percent of the number of electors
  6 13 voting at the last preceding school election, whichever is
  6 14 greater.
  6 15    Sec. 13.  Section 260C.28, subsection 3, Code 2001, is
  6 16 amended to read as follows:
  6 17    3.  If the board of directors wishes to certify for a levy
  6 18 under subsection 2, the board shall direct the county
  6 19 commissioner of elections to call an election to submit the
  6 20 question of such authorization for the board at a the regular
  6 21 or special school election.  If a majority of those voting on
  6 22 the question at the election favors authorization of the board
  6 23 to make such a levy, the board may certify for a levy as
  6 24 provided under subsection 2 during each of the ten years
  6 25 following the election.  If a majority of those voting on the
  6 26 question at the election does not favor authorization of the
  6 27 board to make a levy under subsection 2, the board shall not
  6 28 may submit the question to the voters again until three
  6 29 hundred fifty-five days have elapsed from the at the next
  6 30 regular school election.
  6 31    Sec. 14.  Section 260C.39, unnumbered paragraph 1, Code
  6 32 2001, is amended to read as follows:
  6 33    Any merged area may combine with any adjacent merged area
  6 34 after a favorable vote by the electors of each of the areas
  6 35 involved.  If the boards of directors of two or more merged
  7  1 areas agree to a combination, the question shall be submitted
  7  2 to the electors of each area at a special the regular school
  7  3 election to be held on the same day in each area.  The special
  7  4 election shall not be held within thirty days of any general
  7  5 election.  Prior to the special election, the board of each
  7  6 merged area shall notify the county commissioner of elections
  7  7 of the county in which the greatest proportion of the merged
  7  8 area's taxable base is located who shall publish notice of the
  7  9 election question according to section 49.53.  The two
  7 10 respective county commissioners of elections shall conduct the
  7 11 election pursuant to the provisions of chapters 39 to 53.  The
  7 12 votes cast in the election shall be canvassed by the county
  7 13 board of supervisors and the county commissioners of elections
  7 14 who conducted the election of each county in the merged areas
  7 15 shall certify the results to the board of directors of each
  7 16 merged area.
  7 17    Sec. 15.  Section 275.18, Code 2001, is amended to read as
  7 18 follows:
  7 19    275.18  SPECIAL ELECTION CALLED – TIME.
  7 20    When the boundaries of the territory to be included in a
  7 21 proposed school corporation and the number and method of the
  7 22 election of the school directors of the proposed school
  7 23 corporation have been determined as provided in this chapter,
  7 24 the area education agency administrator with whom the petition
  7 25 is filed shall give written notice of the proposed date of the
  7 26 election question to the county commissioner of elections of
  7 27 the county in the proposed school corporation which has the
  7 28 greatest taxable base.  The proposed date shall be as soon as
  7 29 possible pursuant to section 39.2, subsections 1 and 2, and
  7 30 section 47.6, subsections 1 and 2, but not later than November
  7 31 30 of question shall be submitted to the voters at the regular
  7 32 school election held in the calendar year prior to the
  7 33 calendar year in which the reorganization will take effect.
  7 34    The county commissioner of elections shall give notice of
  7 35 the election question by one publication in the same newspaper
  8  1 in which previous notices have been published regarding the
  8  2 proposed school reorganization, and in addition, if more than
  8  3 one county is involved, by one publication in a legal
  8  4 newspaper in each county other than that of the first
  8  5 publication.  The publication shall be not less than four nor
  8  6 more than twenty days prior to the election.  If the decision
  8  7 published pursuant to section 275.15 or 275.16 includes a
  8  8 description of the proposed school corporation and a
  8  9 description of the director districts, if any, the notice for
  8 10 election question and the ballot do not need to include these
  8 11 descriptions.  Notice for an election of the question shall
  8 12 not be published until the expiration of time for appeal,
  8 13 which shall be the same as that provided in section 275.15 or
  8 14 275.16, whichever is applicable; and if there is an appeal,
  8 15 not until the appeal has been disposed of.
  8 16    The area education agency administrator shall furnish to
  8 17 the commissioner a map of the proposed reorganized area which
  8 18 must be approved by the commissioner as suitable for posting.
  8 19 The map shall be displayed prominently in at least four places
  8 20 within the voting precinct, and inside each voting booth, or
  8 21 on the left-hand side inside the curtain of each voting
  8 22 machine.
  8 23    Sec. 16.  Section 275.22, Code 2001, is amended to read as
  8 24 follows:
  8 25    275.22  CANVASS AND RETURN.
  8 26    The precinct election officials shall count the ballots,
  8 27 and make return to and deposit the ballots with the county
  8 28 commissioner of elections, who shall enter the return of
  8 29 record in the commissioner's office.  The election tally
  8 30 lists, including absentee ballots, shall be listed by
  8 31 individual school district.  The county commissioner of
  8 32 elections shall certify the results of the election to the
  8 33 area education agency administrator.  If the majority of the
  8 34 votes cast by the registered voters is in favor of the
  8 35 proposition, as provided in section 275.20, a new school
  9  1 corporation shall be organized.  If the majority of votes cast
  9  2 is opposed to the proposition, a new petition describing the
  9  3 identical or similar boundaries shall not be filed for at
  9  4 least six months from the date of the election.  If territory
  9  5 is excluded from the reorganized district, action pursuant to
  9  6 section 274.37 shall be taken prior to the effective date of
  9  7 reorganization.  The secretary of the new school corporation
  9  8 shall file a written description of the boundaries as provided
  9  9 in section 274.4.
  9 10    Sec. 17.  Section 275.24, Code 2001, is amended to read as
  9 11 follows:
  9 12    275.24  EFFECTIVE DATE OF CHANGE.
  9 13    When a school district is enlarged, reorganized, or changes
  9 14 its boundary pursuant to sections 275.12 to 275.22, the change
  9 15 shall take effect on July 1 following the date of the
  9 16 reorganization election held pursuant to section 275.18 if the
  9 17 election was held by the prior November 30.  Otherwise the
  9 18 change shall take effect on July 1 one year later.
  9 19    Sec. 18.  Section 275.27, Code 2001, is amended to read as
  9 20 follows:
  9 21    275.27  COMMUNITY SCHOOL DISTRICTS – PART OF AREA
  9 22 EDUCATION AGENCY.
  9 23    School districts created or enlarged under this chapter are
  9 24 community school districts and are part of the area education
  9 25 agency in which the greatest number of registered voters of
  9 26 the district reside at the time of the special election called
  9 27 for in section 275.18, and sections of the Code applicable to
  9 28 the common schools generally are applicable to these districts
  9 29 in addition to the powers and privileges conferred by this
  9 30 chapter.  If a school district, created or enlarged under this
  9 31 chapter and assigned to an area education agency under this
  9 32 section, can demonstrate that students in the district were
  9 33 utilizing a service or program prior to the formation of the
  9 34 new or enlarged district that is unavailable from the area
  9 35 education agency to which the new or enlarged district is
 10  1 assigned, the district may be reassigned to the area education
 10  2 agency which formerly provided the service or program, upon an
 10  3 affirmative majority vote of the boards of the affected area
 10  4 education agencies to permit the change.
 10  5    Sec. 19.  Section 275.35, Code 2001, is amended to read as
 10  6 follows:
 10  7    275.35  CHANGE OF METHOD OF ELECTIONS.
 10  8    Any existing or hereafter created or enlarged school
 10  9 district may change the number of directors to either five or
 10 10 seven and may also change its method of election of school
 10 11 directors to any method authorized by section 275.12 by
 10 12 submission of a proposal, stating the proposed new method of
 10 13 election and describing the boundaries of the proposed
 10 14 director districts if any, by the school board of such
 10 15 district to the electors at any regular or special school
 10 16 election.  The school board shall notify the county
 10 17 commissioner of elections who shall publish notice of the
 10 18 election proposal in the manner provided in section 49.53.
 10 19 The election shall be conducted pursuant to chapters 39 to 53
 10 20 by the county commissioner of elections.  Such proposal shall
 10 21 be adopted if it is approved by a majority of the votes cast
 10 22 on the proposition.
 10 23    Sec. 20.  Section 275.36, Code 2001, is amended to read as
 10 24 follows:
 10 25    275.36  SUBMISSION OF CHANGE TO ELECTORS.
 10 26    If a petition for a change in the number of directors or in
 10 27 the method of election of school directors, describing the
 10 28 boundaries of the proposed director districts, if any, signed
 10 29 by eligible electors of the school district equal in number to
 10 30 at least thirty percent of those who voted in the last
 10 31 previous annual school election in the school district, but
 10 32 not less than one hundred persons, and accompanied by
 10 33 affidavit as required by section 275.13 be filed with the
 10 34 school board of a school district, not earlier than six months
 10 35 and not later than sixty-seven days before a the regular or
 11  1 special school election, the school board shall submit such
 11  2 proposition to the voters at the election.  If a proposition
 11  3 for a change in the number of directors or in the method of
 11  4 election of school directors submitted to the voters under
 11  5 this section is rejected, it shall not be resubmitted to the
 11  6 voters of the district in substantially the same form within
 11  7 the next three years; if it is approved, no other proposal may
 11  8 be submitted to the voters of the district under this section
 11  9 within the next six years.
 11 10    Sec. 21.  Section 275.55, unnumbered paragraphs 1 and 2,
 11 11 Code 2001, are amended to read as follows:
 11 12    The board of the school district shall call a special
 11 13 election to be held not later than forty days submit the
 11 14 proposition to the voters at the regular school election next
 11 15 following the date of the final hearing on the dissolution
 11 16 proposal.  The special election may be held at the same time
 11 17 as the regular school election.  The proposition submitted to
 11 18 the voters residing in the school district at the special
 11 19 election shall describe each separate area to be attached to a
 11 20 contiguous school district and shall name the school district
 11 21 to which it will be attached.
 11 22    The board shall give written notice of the proposed date of
 11 23 the election to the county commissioner of elections.  The
 11 24 proposed date shall be pursuant to section 39.2, subsections 1
 11 25 and 2 and section 47.6, subsections 1 and 2.  The county
 11 26 commissioner of elections shall give notice of that the
 11 27 election proposition will be submitted at the regular school
 11 28 election by one publication in the same newspaper in which the
 11 29 previous notice was published about the hearing, which
 11 30 publication shall not be less than four nor more than twenty
 11 31 days prior to the election.
 11 32    Sec. 22.  Section 278.1, subsection 9, unnumbered paragraph
 11 33 2, Code 2001, is amended to read as follows:
 11 34    The board may, with approval of sixty percent of the
 11 35 voters, voting in a regular or special election in the school
 12  1 district, make extended time contracts not to exceed twenty
 12  2 years in duration for rental of buildings to supplement
 12  3 existing schoolhouse facilities; and where it is deemed
 12  4 advisable for buildings to be constructed or placed on real
 12  5 estate owned by the school district, these contracts may
 12  6 include lease-purchase option agreements, the amounts to be
 12  7 paid out of the physical plant and equipment levy fund.
 12  8    Sec. 23.  Section 279.39, Code 2001, is amended to read as
 12  9 follows:
 12 10    279.39  SCHOOL BUILDINGS.
 12 11    The board of any school corporation shall establish
 12 12 attendance centers and provide suitable buildings for each
 12 13 school in the district and may at the regular or a special
 12 14 meeting call a special election resolve to submit to the
 12 15 registered voters of the district at the next regular school
 12 16 election the question of voting a tax or authorizing the board
 12 17 to issue bonds, or both.
 12 18    Sec. 24.  Section 297.11, Code 2001, is amended to read as
 12 19 follows:
 12 20    297.11  USE FORBIDDEN.
 12 21    If at any time the voters of such district at a regular
 12 22 election forbid such use of any such schoolhouse or grounds,
 12 23 the board shall not thereafter permit such use until the said
 12 24 action of such voters shall have been rescinded by the voters
 12 25 at a regular election, or at a special election called for
 12 26 that purpose.
 12 27    Sec. 25.  Section 298.9, Code 2001, is amended to read as
 12 28 follows:
 12 29    298.9  SPECIAL LEVIES.
 12 30    If the voter-approved physical plant and equipment levy,
 12 31 consisting solely of a physical plant and equipment property
 12 32 tax levy, is voted at a special an election and certified to
 12 33 the board of supervisors after the regular levy is made, the
 12 34 board shall at its next regular meeting levy the tax and cause
 12 35 it to be entered upon the tax list to be collected as other
 13  1 school taxes.  If the certification is filed prior to May 1,
 13  2 the annual levy shall begin with the tax levy of the year of
 13  3 filing.  If the certification is filed after May 1 in a year,
 13  4 the The levy shall begin with the levy of the fiscal year
 13  5 succeeding the year of the filing of the certification.
 13  6    Sec. 26.  Section 298.18, unnumbered paragraph 4, Code
 13  7 Supplement 2001, is amended to read as follows:
 13  8    The amount estimated and certified to apply on principal
 13  9 and interest for any one year may exceed two dollars and
 13 10 seventy cents per thousand dollars of assessed value by the
 13 11 amount approved by the voters of the school corporation, but
 13 12 not exceeding four dollars and five cents per thousand of the
 13 13 assessed value of the taxable property within any school
 13 14 corporation, provided that the registered voters of such
 13 15 school corporation have first approved such increased amount
 13 16 at a special election, which may be held at the same time as
 13 17 the regular school election.  The proposition submitted to the
 13 18 voters at such special election shall be in substantially the
 13 19 following form:
 13 20    Sec. 27.  Section 298.18, unnumbered paragraph 6, Code
 13 21 Supplement 2001, is amended to read as follows:
 13 22    Notice of the election shall be given by the county
 13 23 commissioner of elections according to section 49.53.  The
 13 24 election shall be held on a date not less than four nor more
 13 25 than twenty days after the last publication of the notice.  At
 13 26 such election the ballot used for the submission of said
 13 27 proposition shall be in substantially the form for submitting
 13 28 special questions at general elections.  The county
 13 29 commissioner of elections shall conduct the election pursuant
 13 30 to the provisions of chapters 39 to 53 and certify the results
 13 31 to the board of directors.  Such The proposition shall not be
 13 32 deemed carried or adopted unless the vote in favor of such
 13 33 proposition is equal to at least sixty percent of the total
 13 34 vote cast for and against said the proposition at said the
 13 35 election.  Whenever such a proposition has been approved by
 14  1 the voters of a school corporation as hereinbefore provided,
 14  2 no further approval of the voters of such school corporation
 14  3 shall be required as a result of any subsequent change in the
 14  4 boundaries of such school corporation.
 14  5    Sec. 28.  Section 298.18A, subsection 2, Code 2001, is
 14  6 amended to read as follows:
 14  7    2.  The adjustment shall not result in a total amount
 14  8 levied in excess of the two dollar and seventy cent per
 14  9 thousand dollars of assessed valuation limit provided in
 14 10 section 298.18.  An adjustment in excess of the two dollar and
 14 11 seventy cent per thousand dollars of assessed valuation limit
 14 12 shall be subject to the special election provisions for
 14 13 increases of up to four dollars and five cents per thousand
 14 14 dollars of assessed valuation provisions of section 298.18.
 14 15    Sec. 29.  Section 298.21, unnumbered paragraph 1, Code
 14 16 2001, is amended to read as follows:
 14 17    The board of directors of any school corporation when
 14 18 authorized by the voters at the regular election or at a
 14 19 special election called for that purpose, may issue the
 14 20 negotiable, interest-bearing school bonds of said corporation
 14 21 for borrowing money for any or all of the following purposes:
 14 22    Sec. 30.  Section 300.2, unnumbered paragraph 1, Code 2001,
 14 23 is amended to read as follows:
 14 24    The board of directors of a school district may, and upon
 14 25 receipt of a petition signed by eligible electors equal in
 14 26 number to at least twenty-five percent of the number of voters
 14 27 at the last preceding school election, shall, direct the
 14 28 county commissioner of elections to submit to the registered
 14 29 voters of the school district the question of whether to levy
 14 30 a tax of not to exceed thirteen and one-half cents per
 14 31 thousand dollars of assessed valuation for public educational
 14 32 and recreational activities authorized under this chapter.  If
 14 33 at the time of filing the petition, it is more than three
 14 34 months until the next regular school election, the board of
 14 35 directors shall submit the question at a special election
 15  1 within sixty days.  Otherwise, the The question shall be
 15  2 submitted at the next regular school election.
 15  3    Sec. 31.  Section 330.17, unnumbered paragraph 1, Code
 15  4 2001, is amended to read as follows:
 15  5    The council of any city or county which owns or acquires an
 15  6 airport may, and upon the council's receipt of a valid
 15  7 petition as provided in section 362.4, or receipt of a
 15  8 petition by the board of supervisors as provided in section
 15  9 331.306 shall, at a regular city election or a general
 15 10 election if one is to be held within seventy-four days from
 15 11 the filing of the petition, or otherwise at a special election
 15 12 called for that purpose, submit to the voters the question as
 15 13 to whether the management and control of the airport shall be
 15 14 placed in an airport commission.  If a majority of the voters
 15 15 favors placing the management and control of the airport in an
 15 16 airport commission, the commission shall be established as
 15 17 provided in this chapter.
 15 18    Sec. 32.  Section 331.207, subsection 2, Code 2001, is
 15 19 amended to read as follows:
 15 20    2.  The petition shall be filed with the auditor by January
 15 21 1 of a general election year, subject to subsection 5.  The
 15 22 special election shall be held at least one hundred days
 15 23 before the primary election on the second Tuesday in March of
 15 24 the odd-numbered year.  Notice of the special election
 15 25 question shall be published once each week for three
 15 26 successive weeks in an official newspaper of the county, shall
 15 27 state the representation plans to be submitted to the
 15 28 electors, and shall state the date of the special election
 15 29 which.  The date of the last publication of notice shall be
 15 30 held not less than five nor more than twenty days from the
 15 31 date of last publication the election.
 15 32    Sec. 33.  Section 346.27, subsection 10, Code 2001, is
 15 33 amended to read as follows:
 15 34    10.  After the incorporation of an authority, and before
 15 35 the sale of any issue of revenue bonds, except refunding
 16  1 bonds, the authority shall submit in a single countywide
 16  2 election to the registered voters of the city and county, at a
 16  3 general, primary, or special election called for that purpose,
 16  4 the question of whether an authority shall issue and sell
 16  5 revenue bonds, stating the amount, for any of the purposes for
 16  6 which it is incorporated.  An affirmative vote of a majority
 16  7 of the votes cast on the proposition is required to authorize
 16  8 the issuance and sale of revenue bonds.  A notice of the
 16  9 election shall be published once each week for at least two
 16 10 weeks in some newspaper published in the county.  The notice
 16 11 shall name the time when the question shall be submitted, and
 16 12 a copy of the question to be submitted shall be posted at each
 16 13 polling place during the day of election.  The authority shall
 16 14 call this the election with the concurrence of both
 16 15 incorporating units, and it shall establish the voting
 16 16 precincts and polling places, and appoint the election judges,
 16 17 and in so doing such election procedures shall be in
 16 18 accordance with the provisions of chapters 49 and 50.
 16 19    Sec. 34.  Section 347.23, unnumbered paragraph 1, Code
 16 20 2001, is amended to read as follows:
 16 21    Any hospital organized and existing as a city hospital may
 16 22 become a county hospital organized and managed as provided for
 16 23 in this chapter, upon a proposition for such purpose being
 16 24 submitted to and approved by a majority of the electors of
 16 25 both the city in which such hospital is located and of the
 16 26 county under whose management it is proposed that such
 16 27 hospital be placed, at any general or special election called
 16 28 for such purpose.  The proposition shall be placed upon the
 16 29 ballot by the board of supervisors when requested by a
 16 30 petition signed by eligible electors of the county equal in
 16 31 number to five percent of the votes cast for president of the
 16 32 United States or governor, as the case may be, at the last
 16 33 general election.  The proposition may be submitted at the
 16 34 next general election or at a special election called for that
 16 35 purpose.  Upon the approval of the proposition the hospital,
 17  1 its assets and liabilities, will become the property of the
 17  2 county and this chapter will govern its future management.
 17  3 The question shall be submitted in substantially the following
 17  4 form:  "Shall the municipal hospital of ......, Iowa, be
 17  5 transferred to and become the property of, and be managed by
 17  6 the county of ......, Iowa?"
 17  7    Sec. 35.  Section 347.23A, subsection 1, Code Supplement
 17  8 2001, is amended to read as follows:
 17  9    1.  A hospital established as a memorial hospital under
 17 10 chapter 37 or a county hospital supported by revenue bonds and
 17 11 organized under chapter 347A may become, in accordance with
 17 12 the provisions of this section, a county hospital organized
 17 13 and managed as provided for in this chapter.  If the hospital
 17 14 is established by a city as a memorial hospital, the city must
 17 15 be located in the county which will own and manage the
 17 16 hospital.  A proposition for the change must be submitted to
 17 17 and approved by a majority of the electors of the county which
 17 18 will own and manage the hospital as provided for in this
 17 19 chapter.  In addition, if the hospital is a memorial hospital
 17 20 organized by a city under chapter 37, the proposition must
 17 21 also be approved by a majority of the electors of that city.
 17 22 The proposition may be submitted to the electors at any
 17 23 general or special election called by the county board of
 17 24 supervisors for this purpose.
 17 25    Sec. 36.  Section 368.19, unnumbered paragraph 1, Code
 17 26 2001, is amended to read as follows:
 17 27    The committee shall approve or disapprove the petition or
 17 28 plan as amended, within ninety days of the final hearing, and
 17 29 shall file its decision for record and promptly notify the
 17 30 parties to the proceeding of its decision.  If a petition or
 17 31 plan is approved, the board shall set a date not less than
 17 32 thirty days nor more than ninety days after approval for
 17 33 submit the proposal at a special election on the proposal and
 17 34 the county commissioner of elections shall conduct the
 17 35 election.  In a case of incorporation or discontinuance,
 18  1 registered voters of the territory or city may vote, and the
 18  2 proposal is authorized if a majority of those voting approves
 18  3 it.  In a case of annexation or severance, registered voters
 18  4 of the territory and of the city may vote, and the proposal is
 18  5 authorized if a majority of the total number of persons voting
 18  6 approves it.  In a case of consolidation, registered voters of
 18  7 each city to be consolidated may vote, and the proposal is
 18  8 authorized only if it receives a favorable majority vote in
 18  9 each city.  The county commissioner of elections shall publish
 18 10 notice of the election as provided in section 49.53 and shall
 18 11 conduct the election in the same manner as other special city
 18 12 elections.
 18 13    Sec. 37.  Section 368.19, unnumbered paragraph 3, Code
 18 14 2001, is amended to read as follows:
 18 15    An incorporation election shall be held not less than fifty
 18 16 days nor more than ninety days after approval of an
 18 17 incorporation petition.  The costs of an incorporation
 18 18 election shall be borne by the initiating petitioners if the
 18 19 election fails, but if the proposition is approved the cost
 18 20 shall become a charge of the new city.
 18 21    Sec. 38.  Section 372.2, subsection 2, unnumbered paragraph
 18 22 1, Code 2001, is amended to read as follows:
 18 23    Within fifteen days after receiving a valid petition, the
 18 24 council shall publish notice of the date that a special city
 18 25 election will be held to determine whether the city shall
 18 26 change to a different form of government.  The election date
 18 27 shall be not more than sixty days after the publication as
 18 28 specified in section 39.2.  If the next ensuing special
 18 29 election is more than sixty days after the publication, the
 18 30 council shall publish another notice fifteen days before the
 18 31 election.  The notice shall include a statement that the
 18 32 filing of a petition for appointment of a home rule charter
 18 33 commission will delay the election until after the home rule
 18 34 charter commission has filed a proposed charter.  Petition
 18 35 requirements and filing deadlines shall also be included in
 19  1 the notice.
 19  2    Sec. 39.  Section 372.3, Code 2001, is amended to read as
 19  3 follows:
 19  4    372.3  HOME RULE CHARTER.
 19  5    If a petition for appointment of a home rule charter com-
 19  6 mission is filed with the city clerk not more than ten days
 19  7 after the council has published the first notice announcing
 19  8 the date of the special election on adoption of another form
 19  9 of government, the special election shall not be held until
 19 10 the charter proposed by the home rule charter commission is
 19 11 filed.  Both forms must be published as provided in section
 19 12 372.9 and submitted to the voters at the special election.
 19 13    Sec. 40.  Section 372.9, subsection 3, Code 2001, is
 19 14 amended to read as follows:
 19 15    3.  The proposed home rule charter must be submitted at a
 19 16 special city election on a date selected by the mayor and
 19 17 council specified in section 39.2 and in accordance with
 19 18 section 47.6.  However, the date of the election last
 19 19 publication must be not less than thirty nor more than sixty
 19 20 days after before the last publication of the proposed home
 19 21 rule charter election.
 19 22    Sec. 41.  Section 372.13, subsection 11, unnumbered
 19 23 paragraph 1, Code 2001, is amended to read as follows:
 19 24    Council members shall be elected according to the council
 19 25 representation plans under sections 372.4 and 372.5.  However,
 19 26 the council representation plan may be changed, by petition
 19 27 and election, to one of those described in this subsection.
 19 28 Upon receipt of a valid petition, as defined in section 362.4,
 19 29 requesting a change to a council representation plan, the
 19 30 council shall submit the question at a special city election
 19 31 to be held within sixty days.  If a majority of the persons
 19 32 voting at the special election approves the changed plan, it
 19 33 becomes effective at the beginning of the term following the
 19 34 next regular city election.  If a majority does not approve
 19 35 the changed plan, the council shall not submit another
 20  1 proposal to change a plan to the voters within the next two
 20  2 years.
 20  3    Sec. 42.  Section 376.2, unnumbered paragraph 2, Code 2001,
 20  4 is amended to read as follows:
 20  5    Except as otherwise provided by state law or the city
 20  6 charter, terms for elective offices are two years.  However,
 20  7 the term of an elective office may be changed to two or four
 20  8 years by petition and election.  Upon receipt of a valid
 20  9 petition as defined in section 362.4, requesting that the term
 20 10 of an elective office be changed, the council shall submit the
 20 11 question at a special city election to be held within sixty
 20 12 days.  If a majority of the persons voting at the special
 20 13 election approves the changed term, it becomes effective at
 20 14 the beginning of the term following the next regular city
 20 15 election.  If a majority does not approve the changed term,
 20 16 the council shall not submit the same proposal to the voters
 20 17 within the next four years.
 20 18    Sec. 43.  Section 384.26, subsection 2, unnumbered
 20 19 paragraph 1, Code 2001, is amended to read as follows:
 20 20    Before the council may institute proceedings for the
 20 21 issuance of bonds for a general corporate purpose, it shall
 20 22 call a special city election to vote upon the question of
 20 23 issuing the bonds.  At the election the proposition must be
 20 24 submitted in the following form:
 20 25    Sec. 44.  Section 422B.1, subsection 5, Code 2001, is
 20 26 amended to read as follows:
 20 27    5.  The county commissioner of elections shall submit the
 20 28 question of imposition of a local option tax at a state
 20 29 general election or at a special election held at any time
 20 30 other than the time of a city regular election on the second
 20 31 Tuesday in March.  The election shall not be held sooner than
 20 32 sixty days after publication of notice of the ballot
 20 33 proposition.  The ballot proposition shall specify the type
 20 34 and rate of tax and in the case of a vehicle tax the classes
 20 35 that will be exempt and in the case of a local sales and
 21  1 services tax the date it will be imposed which date shall not
 21  2 be earlier than ninety days following the election.  The
 21  3 ballot proposition shall also specify the approximate amount
 21  4 of local option tax revenues that will be used for property
 21  5 tax relief and shall contain a statement as to the specific
 21  6 purpose or purposes for which the revenues shall otherwise be
 21  7 expended.  If the county board of supervisors decides under
 21  8 subsection 6 to specify a date on which the local option sales
 21  9 and services tax shall automatically be repealed, the date of
 21 10 the repeal shall also be specified on the ballot.  The rate of
 21 11 the vehicle tax shall be in increments of one dollar per
 21 12 vehicle as set by the petition seeking to impose the tax.  The
 21 13 rate of a local sales and services tax shall not be more than
 21 14 one percent as set by the governing body.  The state
 21 15 commissioner of elections shall establish by rule the form for
 21 16 the ballot proposition which form shall be uniform throughout
 21 17 the state.
 21 18    Sec. 45.  Section 422E.2, subsection 2, paragraph a, Code
 21 19 Supplement 2001, is amended to read as follows:
 21 20    a.  Upon receipt by a county board of supervisors of a
 21 21 petition requesting imposition of a local sales and services
 21 22 tax for infrastructure purposes, signed by eligible electors
 21 23 of the whole county equal in number to five percent of the
 21 24 persons in the whole county who voted at the last preceding
 21 25 state general election, the board shall within thirty days
 21 26 direct the county commissioner of elections to submit the
 21 27 question of imposition of the tax to the registered voters of
 21 28 the whole county at the general election or at a special
 21 29 election.
 21 30    Sec. 46.  Section 277.2, Code 2001, is repealed.  
 21 31                           EXPLANATION
 21 32    This bill provides that special elections of a county or
 21 33 city shall be held on the date of the general election or of
 21 34 the regular city election or on the second Tuesday in March of
 21 35 each year.  The bill also provides that merged area and school
 22  1 district special elections shall be held on the same date as
 22  2 the regular school election.  The bill applies to elections on
 22  3 public measures and not to special elections to elect public
 22  4 officers of a school corporation, county, or city.
 22  5    The bill amends Code section 47.6 to conform filing
 22  6 deadlines to the special election dates.
 22  7    The bill amends Code section 69.12 to conform to a
 22  8 reference in Code chapters 372 and 376 relating to the filing
 22  9 deadlines for city offices in cities with a primary election.
 22 10 The Code section is also amended to strike the filing deadline
 22 11 for vacancies that occur 40 days before a special election.
 22 12    Code section 331.207 is amended to provide that the special
 22 13 election to change a county board of supervisors
 22 14 representation plan is changed from 100 days before the
 22 15 primary election to the second Tuesday in March of the odd-
 22 16 numbered year.
 22 17    Code section 368.19 amends the time line on holding city
 22 18 incorporation elections to conform to the filing deadlines for
 22 19 special elections.
 22 20    The bill does not amend provisions relating to special
 22 21 elections which are held at no cost to the city or county and
 22 22 may be held on any date.  These include special elections for
 22 23 designation of an official county fair, city franchise
 22 24 elections, and city incorporation elections.  
 22 25 LSB 5283DP 79
 22 26 sc/cf/24.1

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