Text: H01175 Text: H01177 Text: H01100 - H01199 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 646 as follows: 1 2 #1. By striking everything after the enacting 1 3 clause and inserting the following: 1 4 "Section 1. Section 331.210A, subsection 2, Code 1 5 2003, is amended by adding the following new 1 6 paragraph: 1 7 NEW PARAGRAPH. f. (1) Notwithstanding the 1 8 provisions of this section to the contrary, for a 1 9 county with a population of one hundred eighty 1 10 thousand or more that has adopted a charter for a 1 11 city-county consolidated form of government or a 1 12 community commonwealth form of government and which 1 13 charter provides for representation by districts, the 1 14 legislative service bureau, and not the temporary 1 15 county redistricting commission, shall draw a first or 1 16 second plan as necessary and required by paragraph "a" 1 17 pursuant to a contract executed with the county. The 1 18 plan drawn by the legislative service bureau shall be 1 19 based upon the precinct plan adopted for use by the 1 20 county and shall be drawn in accordance with section 1 21 42.4, to the extent applicable. 1 22 (2) The plan drawn by the legislative service 1 23 bureau shall be submitted to the temporary county 1 24 redistricting commission which shall not amend the 1 25 plan and which shall perform the duties required by 1 26 paragraphs "b" and "c" concerning the plan. The 1 27 temporary county redistricting commission shall accept 1 28 the plan in total or it may request and contract to 1 29 have a second plan prepared by the legislative service 1 30 bureau. In doing so, the temporary county 1 31 redistricting commission shall state its objections to 1 32 the first plan in writing. 1 33 (3) After the requirements of paragraphs "b" and 1 34 "c" have been met with respect to either a first or 1 35 second plan, the plan drawn by the legislative service 1 36 bureau and accepted by the temporary county 1 37 redistricting commission shall be submitted to the 1 38 governing body for its approval or rejection. If the 1 39 plan drawn by the legislative service bureau and 1 40 accepted by the temporary county redistricting 1 41 commission is rejected by the governing body, the 1 42 governing body may consider and accept the other plan 1 43 submitted by the legislative service bureau to the 1 44 temporary county redistricting commission, if any, or 1 45 shall direct the temporary county redistricting 1 46 commission to prepare another plan as provided by 1 47 paragraph "d". 1 48 Sec. 2. Section 331.231, subsection 5, Code 2003, 1 49 is amended to read as follows: 1 50 5. City-county consolidated form as provided in 2 1sectionsections 331.247 through 331.252. 2 2 Sec. 3. Section 331.232, subsection 3, Code 2003, 2 3 is amended to read as follows: 2 4 3. An alternative form of county government shall 2 5 be submitted to thecountyelectorate by the 2 6 commission in the form of a charter or charter 2 7 amendment. 2 8 Sec. 4. Section 331.234, subsections 3 and 4, Code 2 9 2003, are amended to read as follows: 2 10 3. The board shall make available to the 2 11 commission in-kind services such as office space, 2 12 printing, supplies, and equipmentand. The county 2 13 shall pay from the segregated account established in 2 14 subsection 4, the other necessary expenses of the 2 15 commission including compensation for secretarial, 2 16 clerical, professional, and consultant services. The 2 17 total annual expenses, not including the value of in- 2 18 kind expenses, to be paid from public funds shall not 2 19 exceed one hundred thousand dollars or an amount equal 2 20 to thirty cents times the population of the commission 2 21 area, according to the most recent certified federal 2 22 census. The commission may employ staff as necessary. 2 23 4. The expenses of the commissionmay be paid from2 24the general fund of the countyshall be paid by each 2 25 city and county participating in the charter process 2 26 or from any combination of public or private funds 2 27 available for that purpose. Each city's share shall 2 28 be its pro rata share of the expenses based upon the 2 29 ratio that the population of the city bears to the 2 30 total population in the county. The county's share 2 31 shall be its pro rata share of expenses based upon the 2 32 ratio that the population of the unincorporated area 2 33 of the county bears to the total population of the 2 34 county. The amount paid by each city and county 2 35 participating in the charter process shall be 2 36 deposited in a segregated account maintained by the 2 37 county. The commission's annual expenses may exceed 2 38 the amount in subsection 3 only if the excess is paid 2 39 from private funds. If a proposed charter is 2 40 submitted to the electorate, private funds donated to 2 41 the commission may be used to promote passage of the 2 42 proposed charter. 2 43 Sec. 5. Section 331.235, Code 2003, is amended to 2 44 read as follows: 2 45 331.235 COMMISSION PROCEDURES AND REPORTS. 2 46 1. Within sixty days after its organization, the 2 47 commission shall hold at least one public hearing for 2 48 the purpose of receiving information and material 2 49 which will assist in the drafting of a charter. 2 50 Notice of the date, time, and place of the hearing 3 1 shall be given as provided in chapter 21. If the 3 2 commission is created pursuant to section 331.264, 3 3 subsection 4, the hearing shall be held thirty days 3 4 after submission of the preliminary report to the 3 5 board, pursuant to section 331.264, subsection 3. 3 6 2. Within nine months after the organization of 3 7 the commission, the commission shall submit a 3 8 preliminary report to the board, which report may 3 9 include the text of the proposed charter. If a 3 10 proposed charter is included in the preliminary 3 11 report, the report shall also include an analysis of 3 12 the fiscal impact of the proposed charter. Sufficient 3 13 copies of the report shall be made available for 3 14 distribution to residents of the county who request a 3 15 copy. The commission shall hold at least one public 3 16 hearing after submission of the preliminary report to 3 17 obtain public comment. This subsection does not apply 3 18 if the commission is created pursuant to section 3 19 331.264, subsection 4. 3 20 3. Within twenty months after organization, the 3 21 commission shall submit the final report to the board. 3 22 If the commission is created pursuant to section 3 23 331.264, subsection 4, the commission shall submit the 3 24 final report to the board within five months after 3 25 submission of the preliminary report to the board 3 26 pursuant to section 331.264, subsection 3. A 3 27 commission created pursuant to section 331.264, 3 28 subsection 4, may adopt a motion granting itself a 3 29 sixty-day extension of time for submission of its 3 30 final report. If the commission recommends a charter 3 31 including a form of government other than the existing 3 32 form of government, the final report shall include the 3 33 full text and an explanation of the proposed charter, 3 34 a statement of whether the elected officers shall be 3 35 elected on a partisan or nonpartisan basis, an 3 36 analysis of the fiscal impact of the proposed charter, 3 37 any comments deemed desirable by the commission, and 3 38 any minority reports. The final report may recommend 3 39 no change to the existing form of government and that 3 40 no charter be submitted to the electorate, in which 3 41 case, the report shall state the reasons for and 3 42 against a change in the existing form of government. 3 43 The final report shall be made available to the 3 44 residents of the county upon request. A summary of 3 45 the final report shall be published in the official 3 46 newspapers of the county and in a newspaper of general 3 47 circulation in each participating city. 3 48 4. The commission is dissolved on the date of the 3 49generalelection at which the proposed charter is 3 50 submitted to the electorate. However, if a charter 4 1 proposing the city-county consolidated form or the 4 2 community commonwealth form is adopted, the commission 4 3 is dissolved on the date that the terms of office of 4 4 the members of the governing body for the alternative 4 5 form of government commence. If a charter is not 4 6 recommended, the commission is dissolved upon 4 7 submission of its final report to the board. 4 8 Sec. 6. Section 331.237, subsection 1, Code 2003, 4 9 is amended to read as follows: 4 10 1.If aThe board shall direct the county 4 11 commissioner of elections to submit to the registered 4 12 voters of the county the question of whether the 4 13 proposed charter for county government shall be 4 14 adopted. The proposed charter for county government 4 15ismay be submitted at the general election or at a 4 16 special election held on the day of the regular city 4 17 election. To be submitted at the general election, 4 18 the proposed charter must be received not less than 4 19 five working days before the filing deadline for 4 20 candidates for county offices specified in section 4 21 44.4 for the next general election, the board shall4 22direct the county commissioner of elections to submit4 23to the registered voters of the county at the next4 24general election the question of whether the proposed4 25charter shall be adopted. A summary of the proposed 4 26 charter or amendment shall be published in the 4 27 official county newspapers and in a newspaper of 4 28 general circulation in each participating city, if 4 29 applicable, at least ten but not more than twenty days 4 30 before the date of the election. If a majority of the 4 31 votes cast on the question is in favor of the 4 32 proposal, the proposal is adopted. 4 33 Sec. 7. Section 331.237, subsection 2, paragraph 4 34 a, Code 2003, is amended to read as follows: 4 35 a. The adopted charter shall take effect July 1 4 36 following thegeneralelection at which it is approved 4 37 unless the charter provides a later effective date. 4 38 If the adopted charter calls for a change in the form 4 39 of government, officers to fill elective offices shall 4 40 be elected in the general election in the even- 4 41 numbered year following the adoption of the charter. 4 42 Those county officers holding office at the time of 4 43 the adoption of the charter shall continue in office 4 44 until the general election in the even-numbered year 4 45 following the adoption of the charter. If the charter 4 46 provides that one or more elective offices are 4 47 combined, the board of supervisors shall appoint one 4 48 of the elective officers of the combined offices to 4 49 serve until the general election in the even-numbered 4 50 year. If the charter calls for the elimination of an 5 1 elective office, that elective officer's term of 5 2 office shall expire on the date the adopted charter 5 3 takes effect. 5 4 Sec. 8. Section 331.237, Code 2003, is amended by 5 5 adding the following new subsection: 5 6 NEW SUBSECTION. 4. Subsections 2 and 3 do not 5 7 apply to the city-county consolidated form of 5 8 government or the community commonwealth form of 5 9 government. 5 10 Sec. 9. Section 331.238, Code 2003, is amended by 5 11 adding the following new subsection: 5 12 NEW SUBSECTION. 4. Subsections 1 and 2 do not 5 13 apply to the city-county consolidated form of 5 14 government or the community commonwealth form of 5 15 government. 5 16 Sec. 10. Section 331.244, Code 2003, is amended by 5 17 adding the following new subsection: 5 18 NEW SUBSECTION. 3. This section does not apply to 5 19 the city-county consolidated form of government. 5 20 Sec. 11. Section 331.247, Code 2003, is amended to 5 21 read as follows: 5 22 331.247 CITY-COUNTY CONSOLIDATION FORM. 5 23 1.A county and one or more cities within the5 24county may unite to form a single unit of local5 25government in accordance with this part.A commission 5 26 appointed pursuant to section 331.233A may propose a 5 27 charter under which a county and one or more cities 5 28 within the county may unite to form a single unit of 5 29 local government, or may propose a charter under which 5 30 a county and one or more cities within the county may 5 31 form a combined governance structure for the county 5 32 and such cities in accordance with this part. The 5 33 charter shall declare whether the form is a merger of 5 34 a county and one or more cities to form a single unit 5 35 of local government or whether the form establishes a 5 36 combined government structure of a county and one or 5 37 more cities. Either option proposed shall be referred 5 38 to as a city-county consolidated form of government. 5 39 If more than fifty percent of the population of a city 5 40 resides within the affected county, it is a city 5 41 within the county for the purposes of this section and 5 42 may continue its status as a city within the county 5 43 even if the population of such city falls below the 5 44 fifty percent threshold in a future census. 5 45 2.An alternative form of government, including a5 46charter form, for a consolidated unit of government5 47may be submitted to the voters only by a commission5 48established under this chapter.A majority vote by 5 49 thechartercommission is required for the submission 5 50 to the electorate ofan alternative form of government6 1foraconsolidated unit of local governmentproposed 6 2 charter for a city-county consolidated form of 6 3 government.The charter commission submitting a6 4consolidated form shall issue a final report and6 5proposal.6 6 3.An alternative form of government for aA city- 6 7 county consolidatedunit of local governmentform of 6 8 government does not need to include more than one 6 9 city. A city shall not be included unless the city 6 10 participates in the commission process, and a majority6 11of the electors of the affected city voting approves6 12the proposed charter for the consolidated government. 6 13 4. If an alternative form of government for a 6 14 consolidated unit of local government is proposed, 6 15 approval of the consolidation charter shall bea6 16 separateballot issuefrom approval of the alternative 6 17 form of government in those cities proposed to be 6 18 included in the consolidation. Adoption of the 6 19 consolidation charter requires the approval of a 6 20 majority of the votes cast in the entire county. A 6 21 city named on the ballot is included in the 6 22 consolidation if the proposed charter is approved by a 6 23 majority of the votes cast in the city. The 6 24 consolidation charter shall be effective in regard to 6 25 a city government only if a majority of the voters of 6 26 the city voting on the question voted for 6 27 participation in the consolidation charter. 6 28 5. A city may request to join an existing city- 6 29 county consolidated government by resolution of the 6 30 city council or upon petition of eligible electors of 6 31 the city equal in number to at least twenty-five 6 32 percent of the persons who voted at the lastgeneral6 33election for the office of governor or president of6 34the United States, whichever is fewerregular city 6 35 election. Within fifteen days after receiving a valid 6 36 petition, the city council of the petitioning city 6 37 shall adopt a resolution in favor of participation and 6 38 shallimmediately, within ten days of adoption, 6 39 forward the resolution to thelegislativegoverning 6 40 body of the city-county consolidated government. If a 6 41 majority of thecity-county consolidated legislative6 42 governing body of the city-county consolidated 6 43 government approves the resolution, the question of 6 44 joining the city-county consolidated government shall 6 45 be submitted to the electorate of the petitioning city 6 46 within sixty days after approval of the resolution. 6 47 6. a. If a charter is adopted, it may be amended 6 48 at any time by one of the following methods: 6 49 (1) The governing body of the city-county 6 50 consolidated form of government, by resolution, may 7 1 submit a proposed amendment to the voters at a general 7 2 election or at a special election, and the proposed 7 3 amendment becomes effective upon approval by a 7 4 majority of those voting. 7 5 (2) The governing body of the city-county 7 6 consolidated form of government, by ordinance, may 7 7 amend the charter. However, within thirty days 7 8 following publication of the ordinance, if a petition 7 9 valid under the provisions of section 331.306 is filed 7 10 with the governing body of the city-county 7 11 consolidated form of government, the governing body 7 12 must submit the charter amendment to the voters at a 7 13 special election and, in such an event, the amendment 7 14 becomes effective only upon approval of a majority of 7 15 those voting within the city-county consolidated area. 7 16 (3) If a petition valid under the provisions of 7 17 section 331.306 filed with the governing body of the 7 18 city-county consolidated form of government, proposing 7 19 an amendment to the charter, the governing body must 7 20 submit the proposed amendment to the voters at a 7 21 general election or at a special election and, in such 7 22 an event, the amendment becomes effective only upon 7 23 approval of a majority of those voting within the 7 24 city-county consolidated area. 7 25 b. If an election is held, the governing body 7 26 shall submit the question of amending the charter to 7 27 the electors in substantially the following form: 7 28 Should the amendment described below be adopted for 7 29 the city-county consolidated charter of (insert name 7 30 of county and of each consolidated city)? 7 31 The ballot must contain a brief description and 7 32 summary of the proposed amendment. 7 33 c. An amendment shall not adopt an alternative 7 34 form of county government but an amendment may allow 7 35 the governing body of a city-county consolidated form 7 36 of government that has a combined governance structure 7 37 to adopt a city-county consolidated form of government 7 38 under which a county and one or more cities within the 7 39 county unite to form a single unit of local 7 40 government. 7 41 Sec. 12. Section 331.248, subsection 1, Code 2003, 7 42 is amended to read as follows: 7 43 1. The charter commission proposingconsolidation7 44 a city-county consolidated form of government shall 7 45 prepare, adopt, andsubmitcause to be submitted to 7 46 the votersa consolidationthe charterincluding an7 47alternative form of government. 7 48 Sec. 13. Section 331.248, subsection 2, Code 2003, 7 49 is amended to read as follows: 7 50 2. Theconsolidationcharter for a city-county 8 1 consolidated form of government shall: 8 2 a. Provide for adjustment of existing bonded 8 3 indebtedness and other obligations in a manner which 8 4 will provide for a fair and equitable burden of 8 5 taxation for debt service. 8 6 b. Provide for establishment of service areas, 8 7 except that formation of a city-countyconsolidation8 8governmentconsolidated form of government shall not 8 9 affect the assignment of electric utility service 8 10 territories pursuant to chapter 476, and shall not 8 11 affect the rights of a city to grant a franchise under 8 12 chapter 364. 8 13 c. Provide for the transfer or other disposition 8 14 of property and other rights, claims, assets, and 8 15 franchises oflocal governmentsthe county and each 8 16 city consolidated under the alternative form. 8 17 d. Provide the official name of the city-county 8 18 consolidatedunit of local governmentform of 8 19 government. 8 20 e. Provide for the transfer, reorganization, 8 21 abolition, absorption, and adjustment of boundaries of 8 22 all existing boards, bureaus, commissions, agencies, 8 23 special districts, and political subdivisions of the 8 24 city-county consolidated form of government. 8 25 f.Include other provisions which the county8 26charter commission and the city charter commission8 27elect to include and which are not inconsistent with8 28state law.Provide for the exercise of home rule 8 29 power and authority not inconsistent with state law. 8 30 g. Provide for a governing body of an odd number 8 31 of members, not less than five, but which may exceed 8 32 the number of members specified in sections 331.201, 8 33 331.203, and 331.204. The titles of the members of 8 34 the governing body shall be determined by the charter. 8 35 h. Provide for a representation plan for the 8 36 governing body which representation plan may differ 8 37 from the representation plans provided in section 8 38 331.206 and in chapter 372. If the plan calls for 8 39 representation by districts and the charter has been 8 40 approved in a county whose population is one hundred 8 41 eighty thousand or more, the plan shall be drawn 8 42 pursuant to section 331.210A, subsection 2, paragraph 8 43 "f". The initial representation plan for such a 8 44 county shall be drawn as provided in section 331.210A, 8 45 subsection 2, paragraph "f", within ninety days after 8 46 the election at which the charter is approved. For 8 47 the initial representation plan, the charter 8 48 commission shall assume the role of the governing body 8 49 for purposes of this paragraph and section 331.210A, 8 50 subsection 2, paragraphs "d" through "f". 9 1 i. Provide for the initial compensation for 9 2 members of the governing body and for a method of 9 3 changing the compensation. 9 4 j. Notwithstanding section 331.238, subsection 3, 9 5 provide whether the election of its officers shall be 9 6 on a partisan or nonpartisan basis. 9 7 Sec. 14. Section 331.248, Code 2003, is amended by 9 8 adding the following new subsection: 9 9 NEW SUBSECTION. 4. The consolidation charter may 9 10 include other provisions which the commission elects 9 11 to include and which are not irreconcilable with state 9 12 law. These provisions may include but are not limited 9 13 to the following: 9 14 a. Provide for a method of selecting officers of 9 15 the governing body and fixing their terms of office 9 16 which may differ from the requirements of sections 9 17 331.208 through 331.211 and the provisions of chapter 9 18 372. 9 19 b. Provide for meetings of the governing body and 9 20 rules of procedure which may differ from the 9 21 requirements of section 331.213, except that the 9 22 meetings shall be scheduled and conducted in 9 23 compliance with chapter 21. 9 24 c. Provide for combining the duties of elected 9 25 officials of the county, for eliminating elected 9 26 offices and the assumption of the duties of those 9 27 offices by appointed officials, and for adding to, 9 28 deleting, or otherwise changing the duties of 9 29 officials, elected or otherwise, of the county and 9 30 each consolidated city. 9 31 d. Provide for the organization of city and county 9 32 departments, agencies, or boards. The organization 9 33 plan may provide for the abolition or consolidation of 9 34 a department, agency, board, or commission and the 9 35 assumption of its powers and duties by the governing 9 36 body or by another department, agency, board, or 9 37 commission. This paragraph does not apply to the 9 38 board of trustees of a county hospital. 9 39 e. Provide for a method for the governing body or 9 40 another office to exercise the powers and duties of 9 41 the township trustees, in lieu of their election or 9 42 appointment. 9 43 Sec. 15. Section 331.249, Code 2003, is amended to 9 44 read as follows: 9 45 331.249 EFFECT OF CONSOLIDATION. 9 46 1. a.The consolidation of one or more cities and9 47one or more counties shall create a unified government9 48which includes a municipal corporation and a county.9 49 A city-county consolidated form of government under 9 50 which a county and one or more cities within the 10 1 county unite to form a single unit of local government 10 2 shall create a unified government which includes a 10 3 municipal corporation and a county. The consolidated 10 4 unit shall have the separate status of a county and a 10 5 city for all purposes and shall constitute two 10 6 political subdivisions, a consolidated city and a 10 7 county, under combined governance. The consolidated 10 8 unit shall retain one separate constitutional debt 10 9 limitation with respect to its status as a city and a 10 10 separate constitutional debt limitation with respect 10 11 to its status as a county. 10 12 b. The governing body of a city-county 10 13 consolidated form of government under which a county 10 14 and one or more cities within the county form a 10 15 combined governance structure shall have, with respect 10 16 to the county, the power and authority of the board of 10 17 supervisors of a county, and, with respect to each 10 18 city, the power and authority of the city council of a 10 19 city. Each consolidated city and the county 10 20 constitute separate political subdivisions. Each 10 21 consolidated city and the county shall retain a 10 22 separate constitutional debt limitation and shall each 10 23 have the authority to issue bonds and incur financial 10 24 obligations in accordance with the provisions of state 10 25 law applicable to a city or a county, respectively. 10 26 2.AThe city-county consolidatedunit of local10 27governmentform of government may include an area 10 28 which is located in another county, but which is 10 29 within the corporate boundaries of one of the 10 30 consolidated cities. County servicesshallmay be 10 31 provided in the extra-county area and taxes to fund 10 32 those servicesshallmay be collected in the extra- 10 33 county area by the consolidated government, to the 10 34 extent permitted by the Constitution of the State of 10 35 Iowa. In addition to the right to vote in the county 10 36 of residence, electors residing in the extra-county 10 37 area shall have the right to vote on any matter 10 38 related to the city-county consolidatedunit of local10 39 form of government, including election of its 10 40officialsgoverning body. 10 41 If a city-county consolidation charter is proposed, 10 42 within ninety days following the final report of the 10 43 commission, a resident or property owner of the 10 44 commission area proposed to be consolidated may bring 10 45 an action in district court for declaratory judgment 10 46 to determine the legality of the proposed charter and 10 47 to otherwise declare the effect of the charter. The 10 48 court shall expedite its review and determination in 10 49 this matter. The referendum on the proposed charter 10 50 shall be stayed during pendency of the action and for 11 1 such additional time during which the proposed charter 11 2 or its enabling legislation does not conform to the 11 3 Constitution or laws of the State of Iowa. If in its 11 4 final judgment the court determines that the proposed 11 5 charter fails to conform to the Constitution or laws 11 6 of this state, the commission shall have a period of 11 7 six months in which to revise and resubmit the 11 8 proposed charter. 11 9 3. All provisions of law authorizing contributions 11 10 of any kind, in money or otherwise, from the state or 11 11 federal government to counties and cities shall remain 11 12 in full force with respect to each city and the county 11 13 comprising a city-county consolidatedlocalform of 11 14 government. 11 15 4. The adoption of the city-county consolidated 11 16 form of government does not alter any right or 11 17 liability of the county or consolidated city in effect 11 18 at the time of the election at which the charter was 11 19 adopted. 11 20 5. All departments and agencies of the county and 11 21 of each consolidated city shall continue to operate 11 22 until their authority to operate is superseded by 11 23 action of the governing body. 11 24 6. Upon the effective date of the adopted charter, 11 25 the county shall adopt the city-county consolidated 11 26 form of government by ordinance, and shall file a copy 11 27 with the secretary of state and maintain available 11 28 copies for public inspection. 11 29 7. Members of the governing body of the county and 11 30 of each consolidated city shall continue in office 11 31 until the members of the governing body of the city- 11 32 county consolidated form of government have been 11 33 elected and sworn into office, at which time the 11 34 offices of the former governing bodies shall be 11 35 abolished, and the terms of the members of the former 11 36 governing bodies shall be terminated. During the 11 37 period between the effective date of the charter and 11 38 the election and qualification of the elected members 11 39 of the new governing body, the former governing bodies 11 40 of each consolidated city and of the county shall 11 41 continue to perform their duties and shall assist in 11 42 planning the transition to the city-county 11 43 consolidated form of government. 11 44 8. If a city-county consolidation charter is 11 45 submitted to the electorate but is not adopted, 11 46 another charter shall not be submitted to the 11 47 electorate for at least two years from the date of the 11 48 election at which the charter was rejected. If a 11 49 city-county consolidation charter is adopted, a 11 50 proposed charter for another alternative form of 12 1 county government shall not be submitted to the 12 2 electorate for at least six years from the date of the 12 3 election at which the charter was adopted. 12 4 Sec. 16. Section 331.250, Code 2003, is amended to 12 5 read as follows: 12 6 331.250 GENERAL POWERS OF CONSOLIDATED LOCAL 12 7 GOVERNMENTS. 12 8 The consolidation charter shall provide for the 12 9 delivery of services to specified areas of the 12 10consolidated local governmentcounty and of each 12 11 consolidated city. The governing body of the 12 12 consolidated government shalladministersupervise the 12 13 administration of the provision of services in each of 12 14 the designated service areas and shall have the 12 15 authority to determine the boundaries of the service 12 16 areas. For each service provided by the consolidated 12 17 government, the consolidated government shall assume 12 18 the same statutory rights, powers, and duties relating 12 19 to the provision of the service as if the county or 12 20 the member city were itself providing the service to 12 21 its citizens. 12 22 Sec. 17. Section 331.251, Code 2003, is amended to 12 23 read as follows: 12 24 331.251 RULES, ORDINANCES, AND RESOLUTIONS OF 12 25 CONSOLIDATEDUNITGOVERNMENT. 12 26Within two years after ratification of the12 27consolidation, the governing body of the consolidated12 28unit of local government shall revise, repeal, or12 29reaffirm all rules, ordinances, and resolutions in12 30force within the participating county and cities at12 31the time of consolidation.Each rule, ordinance, or 12 32 resolution in force within a county or within a city 12 33 at the time of consolidation shall remain in force 12 34 withinthe former geographic jurisdictionthat county 12 35 or within that city until superseded by action of the 12 36 new governing body, unless the rule, ordinance, or 12 37 resolution is in conflict with a provision of the 12 38 charter, in which case, the charter provision shall 12 39 supersede the conflicting rule, ordinance, or 12 40 resolution. Ordinances and resolutions relating to 12 41 public improvements to be paid for in whole or in part 12 42 by special assessments shall remain in effect until 12 43 paid in full. 12 44 Sec. 18. Section 331.252, Code 2003, is amended to 12 45 read as follows: 12 46 331.252 FORM OF BALLOT – CITY-COUNTY 12 47 CONSOLIDATION. 12 48 The question of city-county consolidation shall be 12 49 submitted to the electors in substantially the 12 50 following form: 13 1 Should thecorporate existence and governments of13 2the county of ...... and the cities of ...... and13 3...... be consolidated into one joint city-county13 4corporation governmentcharter described below be 13 5 adopted for (insert name of county and each city 13 6 proposing to consolidate)? 13 7If section 331.247, subsection 4, applies, the13 8following question shall be placed on the ballot of13 9each participating city:13 10Should the (name of city or second county)13 11participate in the consolidation charter?13 12 The ballot must contain a brief description and 13 13 summary of the proposed charteror amendment. 13 14 Sec. 19. Section 331.254, subsection 7, Code 2003, 13 15 is amended to read as follows: 13 16 7. The merger of the elective offices of each 13 17 consolidating county with the election of new officers 13 18 within sixty days after the effective date of the 13 19 charter which shall specifically provide whether the 13 20 election of new officers shall be on a partisan or 13 21 nonpartisan basis, notwithstanding section 331.238, 13 22 subsection 3. The elections shall be conducted by the 13 23 county commissioner of elections of each county. No 13 24 primary election shall be held. Nominations shall be 13 25 made pursuant to section 43.78 and chapters 44 and 45, 13 26 as applicable, except that the filing deadline shall 13 27 be forty days before the election. 13 28 Sec. 20. Section 331.260, subsection 2, Code 2003, 13 29 is amended to read as follows: 13 30 2. A charter proposing a community commonwealth as 13 31 an alternative form of government may be submitted to 13 32 the voters only by a commission established under 13 33 section 331.232. A majority vote by the commission is 13 34 required for the submission of a charter proposing a 13 35 community commonwealth as an alternative form of local 13 36 government. The commission submitting a community 13 37 commonwealth form of government shall issue a final 13 38 report and proposal.If an alternative form of13 39government for a community commonwealth form of local13 40government is proposed, approval of the commonwealth13 41charter shall be a separate ballot issue from approval13 42of the alternative form of government in those cities13 43proposed to be included in the commonwealth. The13 44commonwealth charter shall be effective in regard to a13 45city government only if a majority of the voters of13 46the city voting on the question voted for13 47participation in the commonwealth charter.Adoption 13 48 of the proposed community commonwealth charter 13 49 requires the approval of a majority of the votes cast 13 50 in the entire county. A city named on the ballot is 14 1 included in the community commonwealth if the proposed 14 2 community commonwealth charter is approved by a 14 3 majority of the votes cast in the city. 14 4 The question of forming a community commonwealth 14 5 shall be submitted to the electorate in substantially 14 6 the sameformmanner as provided in section 331.247, 14 7 subsection 4, and section 331.252. 14 8 Sec. 21. Section 331.261, subsection 2, Code 2003, 14 9 is amended to read as follows: 14 10 2. An elective legislative body established in the 14 11 manner provided for county boards of supervisors under 14 12 sections 331.201 through 331.216 and section331.23814 13 331.248, subsection 2. 14 14 Sec. 22. Section 331.261, subsection 11, Code 14 15 2003, is amended to read as follows: 14 16 11.The partisanNotwithstanding section 331.238, 14 17 subsection 3, whether the election of community 14 18 commonwealth government officials shall be on a 14 19 partisan or nonpartisan basis. 14 20 Sec. 23. Section 331.261, unnumbered paragraph 2, 14 21 Code 2003, is amended to read as follows: 14 22 The community commonwealth charter may include 14 23 other provisions which the commission elects to 14 24 include and which are notinconsistentirreconcilable 14 25 with state law, including, but not limited to, those 14 26 provisions in section 331.248, subsection 4. 14 27 Sec. 24. Section 331.262, Code 2003, is amended by 14 28 adding the following new subsections: 14 29 NEW SUBSECTION. 1A. The adoption of the community 14 30 commonwealth form of government does not alter any 14 31 right or liability of the county or member city in 14 32 effect at the time of the election at which the 14 33 charter was adopted. 14 34 NEW SUBSECTION. 1B. All departments and agencies 14 35 of the county and of each member city shall continue 14 36 to operate until their authority to operate is 14 37 superseded by action of the governing body. 14 38 NEW SUBSECTION. 1C. All ordinances or resolutions 14 39 in effect remain effective until amended or repealed, 14 40 unless they are irreconcilable with the adopted 14 41 charter. 14 42 NEW SUBSECTION. 1D. Upon the effective date of 14 43 the adopted charter, the county shall adopt the 14 44 community commonwealth form of government by 14 45 ordinance, and shall file a copy with the secretary of 14 46 state and maintain available copies for public 14 47 inspection. 14 48 NEW SUBSECTION. 1E. Members of the governing body 14 49 of the county and of each member city shall continue 14 50 in office until the members of the governing body of 15 1 the community commonwealth form of government have 15 2 been elected and sworn into office, at which time the 15 3 offices of the former governing bodies shall be 15 4 abolished, and the terms of the members of the former 15 5 governing bodies shall be terminated. During the 15 6 period between the effective date of the charter and 15 7 the election and qualification of the elected members 15 8 of the new governing body, the former governing bodies 15 9 of each member city and of the county shall continue 15 10 to perform their duties and shall assist in planning 15 11 the transition to the community commonwealth form of 15 12 government. 15 13 NEW SUBSECTION. 1F. If a community commonwealth 15 14 charter is submitted to the electorate but is not 15 15 adopted, another charter shall not be submitted to the 15 16 electorate for at least two years from the date of the 15 17 election at which the charter was rejected. If a 15 18 community commonwealth charter is adopted, a proposed 15 19 charter for another alternative form of county 15 20 government shall not be submitted to the electorate 15 21 for at least six years from the date of the election 15 22 at which the charter was adopted. 15 23 Sec. 25. NEW SECTION. 331.264 LOCAL GOVERNMENT 15 24 ORGANIZATION REVIEW COMMITTEE. 15 25 1. A local government organization review 15 26 committee may be created in a county. The committee 15 27 shall be composed of the following members: 15 28 a. Three city council members appointed by the 15 29 city council of each participating city with a 15 30 population of twenty-five thousand or more. 15 31 b. Three county supervisors appointed by the 15 32 county board of supervisors. 15 33 c. One city council member appointed by each 15 34 participating city with a population of less than 15 35 twenty-five thousand. 15 36 d. One member shall be appointed by each state 15 37 legislator whose legislative district is located in 15 38 the county if a majority of the constituents of that 15 39 legislative district reside in the county. However, 15 40 if a county does not have a state representative's 15 41 legislative district which has a majority of a state 15 42 representative's constituency residing in the county, 15 43 the state representative having the largest plurality 15 44 of constituents residing in the county shall appoint a 15 45 member. The member appointed by each state legislator 15 46 shall be a person who is not holding elected office 15 47 and who is a resident of the legislative district of 15 48 the state legislator. If any portion of a legislative 15 49 district is in the unincorporated area of the county, 15 50 the member appointed by that legislator shall be a 16 1 resident of the unincorporated area of the county. 16 2 e. Three members appointed by the township 16 3 trustees of all the townships in the county and an 16 4 additional member appointed by the township trustees 16 5 for each five percent of the total population of the 16 6 county residing in the unincorporated area of the 16 7 county. The members shall be residents of the 16 8 unincorporated area of the county and shall be persons 16 9 who are not holding elected office other than that of 16 10 township trustee. The county auditor shall determine 16 11 the date and location for a meeting of the township 16 12 trustees of all the townships in the county at which 16 13 meeting the appointments shall be made and shall 16 14 provide written notice of the meeting to the trustees. 16 15 The meeting shall be held in accordance with chapter 16 16 21. 16 17 Organization and expenses of the committee are 16 18 subject to section 331.234 as if the committee were a 16 19 city-county consolidation or community commonwealth 16 20 commission. Sections 69.16 and 69.16A shall not apply 16 21 to the committee. However, a city allowed more than 16 22 one appointment shall balance its appointments in 16 23 accordance with sections 69.16 and 69.16A, when 16 24 possible. 16 25 2. Members shall be appointed to the organization 16 26 review committee within thirty days after any of the 16 27 following occurs: 16 28 a. The county board of supervisors and each city 16 29 council in the county adopt a joint resolution calling 16 30 for appointment of members to the committee and files 16 31 the resolution with the county board of supervisors. 16 32 b. The county board of supervisors in a county 16 33 adopts a resolution calling for appointment of members 16 34 to the committee. 16 35 c. A petition signed by eligible electors of the 16 36 county equal in number to at least twenty-five percent 16 37 of the votes cast in the county for the office of 16 38 president of the United States or governor at the 16 39 preceding general election or the signatures of at 16 40 least ten thousand eligible electors of the county, 16 41 whichever number is fewer, is filed with the county 16 42 board of supervisors. 16 43 3. Within seven months after the organization of 16 44 the organization review committee, the committee shall 16 45 submit a preliminary report to the county board of 16 46 supervisors with a recommendation as to what the 16 47 committee believes to be the best proposal for an 16 48 alternative form of government for the county. The 16 49 auditor's office shall make the report available to 16 50 the public upon request. A summary of the report 17 1 shall be published in the official newspapers of the 17 2 county and in a newspaper of general circulation in 17 3 each participating city. 17 4 4. If the committee report recommends a city- 17 5 county consolidation or community commonwealth, the 17 6 committee shall continue its existence and be 17 7 designated, and operate with the powers and duties of, 17 8 a commission created pursuant to section 331.233A. If 17 9 the committee report recommends a multicounty 17 10 consolidation, the committee shall continue its 17 11 existence and be designated, and operate with the 17 12 powers and duties of, a commission created pursuant to 17 13 section 331.233. If the committee recommends an 17 14 alternative form of government, that recommendation 17 15 shall state whether elections conducted under that 17 16 form of government shall be partisan or nonpartisan. 17 17 5. This section does not apply to a county in 17 18 which a charter commission has been established and is 17 19 operating as of July 1, 2003. 17 20 Sec. 26. Section 372.1, Code 2003, is amended by 17 21 adding the following new subsections: 17 22 NEW SUBSECTION. 7. City-county consolidated form 17 23 as provided in sections 331.247 through 331.252. 17 24 NEW SUBSECTION. 8. Community commonwealth as 17 25 provided in sections 331.260 through 331.263. 17 26 Sec. 27. Section 372.2, unnumbered paragraph 1, 17 27 Code 2003, is amended to read as follows: 17 28AUnless otherwise provided by law, a city may 17 29 adopt a different form of government not more often 17 30 than once in a six-year period. A different form, 17 31 other than a home rule charter,orspecial charter, 17 32 city-county consolidated form of government, or 17 33 community commonwealth must be adopted as follows: 17 34 Sec. 28. IMPLEMENTATION OF ACT. Section 25B.2, 17 35 subsection 3, shall not apply to this Act. 17 36 Sec. 29. EFFECTIVE AND APPLICABILITY DATES. This 17 37 Act, being deemed of immediate importance, takes 17 38 effect upon enactment and applies to charter 17 39 commissions in existence on the effective date of this 17 40 Act." 17 41 17 42 17 43 17 44 ELGIN of Linn 17 45 HF 646.502 80 17 46 sc/pj
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