Text: HF00645 Text: HF00647 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 331.210A, subsection 2, Code 2003, is 1 2 amended by adding the following new paragraph: 1 3 NEW PARAGRAPH. f. (1) Notwithstanding the provisions of 1 4 this section to the contrary, for a county with a population 1 5 of one hundred eighty thousand or more that has adopted a 1 6 charter for a city-county consolidated form of government or a 1 7 community commonwealth form of government and which charter 1 8 provides for representation by districts, the legislative 1 9 service bureau, and not the temporary county redistricting 1 10 commission, shall draw a first or second plan as necessary and 1 11 required by paragraph "a" pursuant to a contract executed with 1 12 the county. The plan drawn by the legislative service bureau 1 13 shall be based upon the precinct plan adopted for use by the 1 14 county and shall be drawn in accordance with section 42.4, to 1 15 the extent applicable. 1 16 (2) The plan drawn by the legislative service bureau shall 1 17 be submitted to the temporary county redistricting commission 1 18 which shall not amend the plan and which shall perform the 1 19 duties required by paragraphs "b" and "c" concerning the plan. 1 20 The temporary county redistricting commission shall accept the 1 21 plan in total or it may request and contract to have a second 1 22 plan prepared by the legislative service bureau. In doing so, 1 23 the temporary county redistricting commission shall state its 1 24 objections to the first plan in writing. 1 25 (3) After the requirements of paragraphs "b" and "c" have 1 26 been met with respect to either a first or second plan, the 1 27 plan drawn by the legislative service bureau and accepted by 1 28 the temporary county redistricting commission shall be 1 29 submitted to the governing body for its approval or rejection. 1 30 If the plan drawn by the legislative service bureau and 1 31 accepted by the temporary county redistricting commission is 1 32 rejected by the governing body, the governing body may 1 33 consider and accept the other plan submitted by the 1 34 legislative service bureau to the temporary county 1 35 redistricting commission, if any, or shall direct the 2 1 temporary county redistricting commission to prepare another 2 2 plan as provided by paragraph "d". 2 3 Sec. 2. Section 331.231, subsection 5, Code 2003, is 2 4 amended to read as follows: 2 5 5. City-county consolidated form as provided insection2 6 sections 331.247 through 331.252. 2 7 Sec. 3. Section 331.232, subsection 3, Code 2003, is 2 8 amended to read as follows: 2 9 3. An alternative form of county government shall be 2 10 submitted to thecountyelectorate by the commission in the 2 11 form of a charter or charter amendment. 2 12 Sec. 4. Section 331.235, Code 2003, is amended to read as 2 13 follows: 2 14 331.235 COMMISSION PROCEDURES AND REPORTS. 2 15 1. Within sixty days after its organization, the 2 16 commission shall hold at least one public hearing for the 2 17 purpose of receiving information and material which will 2 18 assist in the drafting of a charter. Notice of the date, 2 19 time, and place of the hearing shall be given as provided in 2 20 chapter 21. If the commission is created pursuant to section 2 21 331.264, subsection 4, the hearing shall be held thirty days 2 22 after submission of the preliminary report to the board, 2 23 pursuant to section 331.264, subsection 3. 2 24 2. Within nine months after the organization of the 2 25 commission, the commission shall submit a preliminary report 2 26 to the board, which report may include the text of the 2 27 proposed charter. If a proposed charter is included in the 2 28 preliminary report, the report shall also include an analysis 2 29 of the fiscal impact of the proposed charter. Sufficient 2 30 copies of the report shall be made available for distribution 2 31 to residents of the county who request a copy. The commission 2 32 shall hold at least one public hearing after submission of the 2 33 preliminary report to obtain public comment. This subsection 2 34 does not apply if the commission is created pursuant to 2 35 section 331.264, subsection 4. 3 1 3. Within twenty months after organization, the commission 3 2 shall submit the final report to the board. If the commission 3 3 is created pursuant to section 331.264, subsection 4, the 3 4 commission shall submit the final report to the board within 3 5 five months after submission of the preliminary report to the 3 6 board pursuant to section 331.264, subsection 3. A commission 3 7 created pursuant to section 331.264, subsection 4, may adopt a 3 8 motion granting itself a sixty-day extension of time for 3 9 submission of its final report. If the commission recommends 3 10 a charter including a form of government other than the 3 11 existing form of government, the final report shall include 3 12 the full text and an explanation of the proposed charter, a 3 13 statement of whether the elected officers shall be elected on 3 14 a partisan or nonpartisan basis, an analysis of the fiscal 3 15 impact of the proposed charter, any comments deemed desirable 3 16 by the commission, and any minority reports. The final report 3 17 may recommend no change to the existing form of government and 3 18 that no charter be submitted to the electorate, in which case, 3 19 the report shall state the reasons for and against a change in 3 20 the existing form of government. The final report shall be 3 21 made available to the residents of the county upon request. A 3 22 summary of the final report shall be published in the official 3 23 newspapers of the county and in a newspaper of general 3 24 circulation in each participating city. 3 25 4. The commission is dissolved on the date of thegeneral3 26 election at which the proposed charter is submitted to the 3 27 electorate. However, if a charter proposing the city-county 3 28 consolidated form or the community commonwealth form is 3 29 adopted, the commission is dissolved on the date that the 3 30 terms of office of the members of the governing body for the 3 31 alternative form of government commence. If a charter is not 3 32 recommended, the commission is dissolved upon submission of 3 33 its final report to the board. 3 34 Sec. 5. Section 331.237, subsection 1, Code 2003, is 3 35 amended to read as follows: 4 1 1.If aThe board shall direct the county commissioner of 4 2 elections to submit to the registered voters of the county the 4 3 question of whether the proposed charter for county government 4 4 shall be adopted. The proposed charter for county government 4 5ismay be submitted at the general election or at a special 4 6 election called for that purpose. If the board directs 4 7 submission at a special election, the board shall specify the 4 8 proposed date of the special election. The special election 4 9 may be held on the day of the regular city election. To be 4 10 submitted at the general election, the proposed charter must 4 11 be received not less than five working days before the filing 4 12 deadline for candidates for county offices specified in 4 13 section 44.4 for the next general election, the board shall4 14direct the county commissioner of elections to submit to the4 15registered voters of the county at the next general election4 16the question of whether the proposed charter shall be adopted. 4 17 A summary of the proposed charter or amendment shall be 4 18 published in the official county newspapers and in a newspaper 4 19 of general circulation in each participating city, if 4 20 applicable, at least ten but not more than twenty days before 4 21 the date of the election. If a majority of the votes cast on 4 22 the question is in favor of the proposal, the proposal is 4 23 adopted. 4 24 Sec. 6. Section 331.237, subsection 2, paragraph a, Code 4 25 2003, is amended to read as follows: 4 26 a. The adopted charter shall take effect July 1 following 4 27 thegeneralelection at which it is approved unless the 4 28 charter provides a later effective date. If the adopted 4 29 charter calls for a change in the form of government, officers 4 30 to fill elective offices shall be elected in the general 4 31 election in the even-numbered year following the adoption of 4 32 the charter. Those county officers holding office at the time 4 33 of the adoption of the charter shall continue in office until 4 34 the general election in the even-numbered year following the 4 35 adoption of the charter. If the charter provides that one or 5 1 more elective offices are combined, the board of supervisors 5 2 shall appoint one of the elective officers of the combined 5 3 offices to serve until the general election in the even- 5 4 numbered year. If the charter calls for the elimination of an 5 5 elective office, that elective officer's term of office shall 5 6 expire on the date the adopted charter takes effect. 5 7 Sec. 7. Section 331.237, Code 2003, is amended by adding 5 8 the following new subsection: 5 9 NEW SUBSECTION. 4. Subsections 2 and 3 of this section do 5 10 not apply to the city-county consolidated form of government 5 11 or the community commonwealth form of government. 5 12 Sec. 8. Section 331.238, Code 2003, is amended by adding 5 13 the following new subsection: 5 14 NEW SUBSECTION. 4. Subsections 1 and 2 do not apply to 5 15 the city-county consolidated form of government or the 5 16 community commonwealth form of government. 5 17 Sec. 9. Section 331.244, Code 2003, is amended by adding 5 18 the following new subsection: 5 19 NEW SUBSECTION. 3. This section does not apply to the 5 20 city-county consolidated form of government. 5 21 Sec. 10. Section 331.247, Code 2003, is amended to read as 5 22 follows: 5 23 331.247 CITY-COUNTY CONSOLIDATION FORM. 5 24 1.A county and one or more cities within the county may5 25unite to form a single unit of local government in accordance5 26with this part.A commission appointed pursuant to section 5 27 331.233A may propose a charter under which a county and one or 5 28 more cities within the county may unite to form a single unit 5 29 of local government, or may propose a charter under which a 5 30 county and one or more cities within the county may form a 5 31 combined governance structure for the county and such cities 5 32 in accordance with this part. The charter shall declare 5 33 whether the form is a merger of a county and one or more 5 34 cities to form a single unit of local government or whether 5 35 the form establishes a combined government structure of a 6 1 county and one or more cities. Either option proposed shall 6 2 be referred to as a city-county consolidated form of 6 3 government. If more than fifty percent of the population of a 6 4 city resides within the affected county, it is a city within 6 5 the county for the purposes of this section and may continue 6 6 its status as a city within the county even if the population 6 7 of such city falls below the fifty percent threshold in a 6 8 future census. 6 9 2.An alternative form of government, including a charter6 10form, for a consolidated unit of government may be submitted6 11to the voters only by a commission established under this6 12chapter.A majority vote by thechartercommission is 6 13 required for the submission to the electorate ofan6 14alternative form of government foraconsolidated unit of6 15local governmentproposed charter for a city-county 6 16 consolidated form of government.The charter commission6 17submitting a consolidated form shall issue a final report and6 18proposal.6 19 3.An alternative form of government for aA city-county 6 20 consolidatedunit of local governmentform of government does 6 21 not need to include more than one city. A city shall not be 6 22 included unless the city participates in the commission 6 23 process, and a majority of the electors of the affected city6 24voting approves the proposed charter for the consolidated6 25government. 6 26 4. If an alternative form of government for a consolidated 6 27 unit of local government is proposed, approval of the 6 28 consolidation charter shall beaseparateballot issuefrom 6 29 approval of the alternative form of government in those cities 6 30 proposed to be included in the consolidation. Adoption of the 6 31 consolidation charter requires the approval of a majority of 6 32 the votes cast in the entire county. A city named on the 6 33 ballot is included in the consolidation if the proposed 6 34 charter is approved by a majority of the votes cast in the 6 35 city. The consolidation charter shall be effective in regard 7 1 to a city government only if a majority of the voters of the 7 2 city voting on the question voted for participation in the 7 3 consolidation charter. 7 4 5. A city may request to join an existing city-county 7 5 consolidated government by resolution of the city council or 7 6 upon petition of eligible electors of the city equal in number 7 7 to at least twenty-five percent of the persons who voted at 7 8 the lastgeneral election for the office of governor or7 9president of the United States, whichever is fewerregular 7 10 city election. Within fifteen days after receiving a valid 7 11 petition, the city council of the petitioning city shall adopt 7 12 a resolution in favor of participation and shallimmediately, 7 13 within ten days of adoption, forward the resolution to the 7 14legislativegoverning body of the city-county consolidated 7 15 government. If a majority of thecity-county consolidated7 16legislativegoverning body of the city-county consolidated 7 17 government approves the resolution, the question of joining 7 18 the city-county consolidated government shall be submitted to 7 19 the electorate of the petitioning city within sixty days after 7 20 approval of the resolution. 7 21 6. a. If a charter is adopted, it may be amended at any 7 22 time by one of the following methods: 7 23 (1) The governing body of the city-county consolidated 7 24 form of government, by resolution, may submit a proposed 7 25 amendment to the voters at a general election or at a special 7 26 election, and the proposed amendment becomes effective upon 7 27 approval by a majority of those voting. 7 28 (2) The governing body of the city-county consolidated 7 29 form of government, by ordinance, may amend the charter. 7 30 However, within thirty days following publication of the 7 31 ordinance, if a petition valid under the provisions of section 7 32 331.306 is filed with the governing body of the city-county 7 33 consolidated form of government, the governing body must 7 34 submit the charter amendment to the voters at a special 7 35 election and, in such an event, the amendment becomes 8 1 effective only upon approval of a majority of those voting 8 2 within the city-county consolidated area. 8 3 (3) If a petition valid under the provisions of section 8 4 331.306 filed with the governing body of the city-county 8 5 consolidated form of government, proposing an amendment to the 8 6 charter, the governing body must submit the proposed amendment 8 7 to the voters at a general election or at a special election 8 8 and, in such an event, the amendment becomes effective only 8 9 upon approval of a majority of those voting within the city- 8 10 county consolidated area. 8 11 b. If an election is held, the governing body shall submit 8 12 the question of amending the charter to the electors in 8 13 substantially the following form: 8 14 Should the amendment described below be adopted for the 8 15 city-county consolidated charter of (insert name of county and 8 16 of each consolidated city)? 8 17 The ballot must contain a brief description and summary of 8 18 the proposed amendment. 8 19 c. An amendment shall not adopt an alternative form of 8 20 county government but an amendment may allow the governing 8 21 body of a city-county consolidated form of government that has 8 22 a combined governance structure to adopt a city-county 8 23 consolidated form of government under which a county and one 8 24 or more cities within the county unite to form a single unit 8 25 of local government. 8 26 Sec. 11. Section 331.248, subsection 1, Code 2003, is 8 27 amended to read as follows: 8 28 1. The charter commission proposingconsolidationa city- 8 29 county consolidated form of government shall prepare, adopt, 8 30 andsubmitcause to be submitted to the votersa consolidation8 31 the charterincluding an alternative form of government. 8 32 Sec. 12. Section 331.248, subsection 2, Code 2003, is 8 33 amended to read as follows: 8 34 2. Theconsolidationcharter for a city-county 8 35 consolidated form of government shall: 9 1 a. Provide for adjustment of existing bonded indebtedness 9 2 and other obligations in a manner which will provide for a 9 3 fair and equitable burden of taxation for debt service. 9 4 b. Provide for establishment of service areas, except that 9 5 formation of a city-countyconsolidation government9 6 consolidated form of government shall not affect the 9 7 assignment of electric utility service territories pursuant to 9 8 chapter 476, and shall not affect the rights of a city to 9 9 grant a franchise under chapter 364. 9 10 c. Provide for the transfer or other disposition of 9 11 property and other rights, claims, assets, and franchises of 9 12local governmentsthe county and each city consolidated under 9 13 the alternative form. 9 14 d. Provide the official name of the city-county 9 15 consolidatedunit of local governmentform of government. 9 16 e. Provide for the transfer, reorganization, abolition, 9 17 absorption, and adjustment of boundaries of all existing 9 18 boards, bureaus, commissions, agencies, special districts, and 9 19 political subdivisions of the city-county consolidated form of 9 20 government. 9 21 f.Include other provisions which the county charter9 22commission and the city charter commission elect to include9 23and which are not inconsistent with state law.Provide for 9 24 the exercise of home rule power and authority not inconsistent 9 25 with state law. 9 26 g. Provide for a governing body of an odd number of 9 27 members, not less than five, but which may exceed the number 9 28 of members specified in sections 331.201, 331.203, and 9 29 331.204. The titles of the members of the governing body 9 30 shall be determined by the charter. 9 31 h. Provide for a representation plan for the governing 9 32 body which representation plan may differ from the 9 33 representation plans provided in section 331.206 and in 9 34 chapter 372. If the plan calls for representation by 9 35 districts and the charter has been approved in a county whose 10 1 population is one hundred eighty thousand or more, the plan 10 2 shall be drawn pursuant to section 331.210A, subsection 2, 10 3 paragraph "f". The initial representation plan for such a 10 4 county shall be drawn as provided in section 331.210A, 10 5 subsection 2, paragraph "f", within ninety days after the 10 6 election at which the charter is approved. For the initial 10 7 representation plan, the charter commission shall assume the 10 8 role of the governing body for purposes of this paragraph and 10 9 section 331.210A, subsection 2, paragraphs "d" through "f". 10 10 i. Provide for the initial compensation for members of the 10 11 governing body and for a method of changing the compensation. 10 12 j. Notwithstanding section 331.238, subsection 3, provide 10 13 whether the election of its officers shall be on a partisan or 10 14 nonpartisan basis. 10 15 Sec. 13. Section 331.248, Code 2003, is amended by adding 10 16 the following new subsection: 10 17 NEW SUBSECTION. 4. The consolidation charter may include 10 18 other provisions which the commission elects to include and 10 19 which are not irreconcilable with state law. These provisions 10 20 may include but are not limited to the following: 10 21 a. Provide for a method of selecting officers of the 10 22 governing body and fixing their terms of office which may 10 23 differ from the requirements of sections 331.208 through 10 24 331.211 and the provisions of chapter 372. 10 25 b. Provide for meetings of the governing body and rules of 10 26 procedure which may differ from the requirements of section 10 27 331.213, except that the meetings shall be scheduled and 10 28 conducted in compliance with chapter 21. 10 29 c. Provide for combining the duties of elected officials 10 30 of the county, for eliminating elected offices and the 10 31 assumption of the duties of those offices by appointed 10 32 officials, and for adding to, deleting, or otherwise changing 10 33 the duties of officials, elected or otherwise, of the county 10 34 and each consolidated city. 10 35 d. Provide for the organization of city and county 11 1 departments, agencies, or boards. The organization plan may 11 2 provide for the abolition or consolidation of a department, 11 3 agency, board, or commission and the assumption of its powers 11 4 and duties by the governing body or by another department, 11 5 agency, board, or commission. This paragraph does not apply 11 6 to the board of trustees of a county hospital. 11 7 e. Provide for a method for the governing body or another 11 8 office to exercise the powers and duties of the township 11 9 trustees, in lieu of their election or appointment. 11 10 Sec. 14. Section 331.249, Code 2003, is amended to read as 11 11 follows: 11 12 331.249 EFFECT OF CONSOLIDATION. 11 13 1. a.The consolidation of one or more cities and one or11 14more counties shall create a unified government which includes11 15a municipal corporation and a county.A city-county 11 16 consolidated form of government under which a county and one 11 17 or more cities within the county unite to form a single unit 11 18 of local government shall create a unified government which 11 19 includes a municipal corporation and a county. The 11 20 consolidated unit shall have the separate status of a county 11 21 and a city for all purposes and shall constitute two political 11 22 subdivisions, a consolidated city and a county, under combined 11 23 governance. The consolidated unit shall retain one separate 11 24 constitutional debt limitation with respect to its status as a 11 25 city and a separate constitutional debt limitation with 11 26 respect to its status as a county. 11 27 b. The governing body of a city-county consolidated form 11 28 of government under which a county and one or more cities 11 29 within the county form a combined governance structure shall 11 30 have, with respect to the county, the power and authority of 11 31 the board of supervisors of a county, and, with respect to 11 32 each city, the power and authority of the city council of a 11 33 city. Each consolidated city and the county constitute 11 34 separate political subdivisions. Each consolidated city and 11 35 the county shall retain a separate constitutional debt 12 1 limitation and shall each have the authority to issue bonds 12 2 and incur financial obligations in accordance with the 12 3 provisions of state law applicable to a city or a county, 12 4 respectively. 12 5 2.AThe city-county consolidatedunit of local government12 6 form of government may include an area which is located in 12 7 another county, but which is within the corporate boundaries 12 8 of one of the consolidated cities. County servicesshallmay 12 9 be provided in the extra-county area and taxes to fund those 12 10 servicesshallmay be collected in the extra-county area by 12 11 the consolidated government, to the extent permitted by the 12 12 Constitution of the State of Iowa. In addition to the right 12 13 to vote in the county of residence, electors residing in the 12 14 extra-county area shall have the right to vote on any matter 12 15 related to the city-county consolidatedunit of localform of 12 16 government, including election of itsofficialsgoverning 12 17 body. 12 18 If a city-county consolidation charter is proposed, within 12 19 ninety days following the final report of the commission, a 12 20 resident or property owner of the commission area proposed to 12 21 be consolidated may bring an action in district court for 12 22 declaratory judgment to determine the legality of the proposed 12 23 charter and to otherwise declare the effect of the charter. 12 24 The court shall expedite its review and determination in this 12 25 matter. The referendum on the proposed charter shall be 12 26 stayed during pendency of the action and for such additional 12 27 time during which the proposed charter or its enabling 12 28 legislation does not conform to the Constitution or laws of 12 29 the State of Iowa. If in its final judgment the court 12 30 determines that the proposed charter fails to conform to the 12 31 Constitution or laws of this state, the commission shall have 12 32 a period of six months in which to revise and resubmit the 12 33 proposed charter. 12 34 3. All provisions of law authorizing contributions of any 12 35 kind, in money or otherwise, from the state or federal 13 1 government to counties and cities shall remain in full force 13 2 with respect to each city and the county comprising a city- 13 3 county consolidatedlocalform of government. 13 4 4. The adoption of the city-county consolidated form of 13 5 government does not alter any right or liability of the county 13 6 or consolidated city in effect at the time of the election at 13 7 which the charter was adopted. 13 8 5. All departments and agencies of the county and of each 13 9 consolidated city shall continue to operate until their 13 10 authority to operate is superseded by action of the governing 13 11 body. 13 12 6. Upon the effective date of the adopted charter, the 13 13 county shall adopt the city-county consolidated form of 13 14 government by ordinance, and shall file a copy with the 13 15 secretary of state and maintain available copies for public 13 16 inspection. 13 17 7. Members of the governing body of the county and of each 13 18 consolidated city shall continue in office until the members 13 19 of the governing body of the city-county consolidated form of 13 20 government have been elected and sworn into office, at which 13 21 time the offices of the former governing bodies shall be 13 22 abolished, and the terms of the members of the former 13 23 governing bodies shall be terminated. During the period 13 24 between the effective date of the charter and the election and 13 25 qualification of the elected members of the new governing 13 26 body, the former governing bodies of each consolidated city 13 27 and of the county shall continue to perform their duties and 13 28 shall assist in planning the transition to the city-county 13 29 consolidated form of government. 13 30 8. If a city-county consolidation charter is submitted to 13 31 the electorate but is not adopted, another charter shall not 13 32 be submitted to the electorate for at least two years from the 13 33 date of the election at which the charter was rejected. If a 13 34 city-county consolidation charter is adopted, a proposed 13 35 charter for another alternative form of county government 14 1 shall not be submitted to the electorate for at least six 14 2 years from the date of the election at which the charter was 14 3 adopted. 14 4 Sec. 15. Section 331.250, Code 2003, is amended to read as 14 5 follows: 14 6 331.250 GENERAL POWERS OF CONSOLIDATED LOCAL GOVERNMENTS. 14 7 The consolidation charter shall provide for the delivery of 14 8 services to specified areas of theconsolidated local14 9governmentcounty and of each consolidated city. The 14 10 governing body of the consolidated government shalladminister14 11 supervise the administration of the provision of services in 14 12 each of the designated service areas and shall have the 14 13 authority to determine the boundaries of the service areas. 14 14 For each service provided by the consolidated government, the 14 15 consolidated government shall assume the same statutory 14 16 rights, powers, and duties relating to the provision of the 14 17 service as if the county or the member city were itself 14 18 providing the service to its citizens. 14 19 Sec. 16. Section 331.251, Code 2003, is amended to read as 14 20 follows: 14 21 331.251 RULES, ORDINANCES, AND RESOLUTIONS OF CONSOLIDATED 14 22UNITGOVERNMENT. 14 23Within two years after ratification of the consolidation,14 24the governing body of the consolidated unit of local14 25government shall revise, repeal, or reaffirm all rules,14 26ordinances, and resolutions in force within the participating14 27county and cities at the time of consolidation.Each rule, 14 28 ordinance, or resolution in force within a county or within a 14 29 city at the time of consolidation shall remain in force within 14 30the former geographic jurisdictionthat county or within that 14 31 city until superseded by action of the new governing body, 14 32 unless the rule, ordinance, or resolution is in conflict with 14 33 a provision of the charter, in which case, the charter 14 34 provision shall supersede the conflicting rule, ordinance, or 14 35 resolution. Ordinances and resolutions relating to public 15 1 improvements to be paid for in whole or in part by special 15 2 assessments shall remain in effect until paid in full. 15 3 Sec. 17. Section 331.252, Code 2003, is amended to read as 15 4 follows: 15 5 331.252 FORM OF BALLOT – CITY-COUNTY CONSOLIDATION. 15 6 The question of city-county consolidation shall be 15 7 submitted to the electors in substantially the following form: 15 8 Should thecorporate existence and governments of the15 9county of ...... and the cities of ...... and ...... be15 10consolidated into one joint city-county corporation government15 11 charter described below be adopted for (insert name of county 15 12 and each city proposing to consolidate)? 15 13If section 331.247, subsection 4, applies, the following15 14question shall be placed on the ballot of each participating15 15city:15 16Should the (name of city or second county) participate in15 17the consolidation charter?15 18 The ballot must contain a brief description and summary of 15 19 the proposed charteror amendment. 15 20 Sec. 18. Section 331.254, subsection 7, Code 2003, is 15 21 amended to read as follows: 15 22 7. The merger of the elective offices of each 15 23 consolidating county with the election of new officers within 15 24 sixty days after the effective date of the charter which shall 15 25 specifically provide whether the election of new officers 15 26 shall be on a partisan or nonpartisan basis, notwithstanding 15 27 section 331.238, subsection 3. The elections shall be 15 28 conducted by the county commissioner of elections of each 15 29 county. No primary election shall be held. Nominations shall 15 30 be made pursuant to section 43.78 and chapters 44 and 45, as 15 31 applicable, except that the filing deadline shall be forty 15 32 days before the election. 15 33 Sec. 19. Section 331.260, subsection 2, Code 2003, is 15 34 amended to read as follows: 15 35 2. A charter proposing a community commonwealth as an 16 1 alternative form of government may be submitted to the voters 16 2 only by a commission established under section 331.232. A 16 3 majority vote by the commission is required for the submission 16 4 of a charter proposing a community commonwealth as an 16 5 alternative form of local government. The commission 16 6 submitting a community commonwealth form of government shall 16 7 issue a final report and proposal.If an alternative form of16 8government for a community commonwealth form of local16 9government is proposed, approval of the commonwealth charter16 10shall be a separate ballot issue from approval of the16 11alternative form of government in those cities proposed to be16 12included in the commonwealth. The commonwealth charter shall16 13be effective in regard to a city government only if a majority16 14of the voters of the city voting on the question voted for16 15participation in the commonwealth charter.Adoption of the 16 16 proposed community commonwealth charter requires the approval 16 17 of a majority of the votes cast in the entire county. A city 16 18 named on the ballot is included in the community commonwealth 16 19 if the proposed community commonwealth charter is approved by 16 20 a majority of the votes cast in the city. 16 21 The question of forming a community commonwealth shall be 16 22 submitted to the electorate in substantially the sameform16 23 manner as provided in section 331.247, subsection 4, and 16 24 section 331.252. 16 25 Sec. 20. Section 331.261, subsection 2, Code 2003, is 16 26 amended to read as follows: 16 27 2. An elective legislative body established in the manner 16 28 provided for county boards of supervisors under sections 16 29 331.201 through 331.216 and section331.238331.248, 16 30 subsection 2. 16 31 Sec. 21. Section 331.261, unnumbered paragraph 2, Code 16 32 2003, is amended to read as follows: 16 33 The community commonwealth charter may include other 16 34 provisions which the commission elects to include and which 16 35 are notinconsistentirreconcilable with state law, including, 17 1 but not limited to, those provisions in section 331.248, 17 2 subsection 4. 17 3 Sec. 22. Section 331.261, subsection 11, Code 2003, is 17 4 amended to read as follows: 17 5 11.The partisanNotwithstanding section 331.238, 17 6 subsection 3, whether the election of community commonwealth 17 7 government officials shall be on a partisan or nonpartisan 17 8 basis. 17 9 Sec. 23. Section 331.262, Code 2003, is amended by adding 17 10 the following new subsections: 17 11 NEW SUBSECTION. 1A. The adoption of the community 17 12 commonwealth form of government does not alter any right or 17 13 liability of the county or member city in effect at the time 17 14 of the election at which the charter was adopted. 17 15 NEW SUBSECTION. 1B. All departments and agencies of the 17 16 county and of each member city shall continue to operate until 17 17 their authority to operate is superseded by action of the 17 18 governing body. 17 19 NEW SUBSECTION. 1C. All ordinances or resolutions in 17 20 effect remain effective until amended or repealed, unless they 17 21 are irreconcilable with the adopted charter. 17 22 NEW SUBSECTION. 1D. Upon the effective date of the 17 23 adopted charter, the county shall adopt the community 17 24 commonwealth form of government by ordinance, and shall file a 17 25 copy with the secretary of state and maintain available copies 17 26 for public inspection. 17 27 NEW SUBSECTION. 1E. Members of the governing body of the 17 28 county and of each member city shall continue in office until 17 29 the members of the governing body of the community 17 30 commonwealth form of government have been elected and sworn 17 31 into office, at which time the offices of the former governing 17 32 bodies shall be abolished, and the terms of the members of the 17 33 former governing bodies shall be terminated. During the 17 34 period between the effective date of the charter and the 17 35 election and qualification of the elected members of the new 18 1 governing body, the former governing bodies of each member 18 2 city and of the county shall continue to perform their duties 18 3 and shall assist in planning the transition to the community 18 4 commonwealth form of government. 18 5 NEW SUBSECTION. 1F. If a community commonwealth charter 18 6 is submitted to the electorate but is not adopted, another 18 7 charter shall not be submitted to the electorate for at least 18 8 two years from the date of the election at which the charter 18 9 was rejected. If a community commonwealth charter is adopted, 18 10 a proposed charter for another alternative form of county 18 11 government shall not be submitted to the electorate for at 18 12 least six years from the date of the election at which the 18 13 charter was adopted. 18 14 Sec. 24. NEW SECTION. 331.264 LOCAL GOVERNMENT 18 15 ORGANIZATION REVIEW COMMITTEE. 18 16 1. A local government organization review committee may be 18 17 created in a county. The committee shall be composed of the 18 18 following members: 18 19 a. Three city council members chosen by the city council 18 20 of each participating city with a population of twenty-five 18 21 thousand or more. 18 22 b. Three county supervisors chosen by the county board of 18 23 supervisors. 18 24 c. One city council member appointed by each participating 18 25 city with a population of less than twenty-five thousand. 18 26 d. One member shall be appointed by each state legislator 18 27 whose legislative district is located in the county if a 18 28 majority of the constituents of that legislative district 18 29 reside in the county. However, if a county does not have a 18 30 state representative's legislative district which has a 18 31 majority of a state representative's constituency residing in 18 32 the county, the state representative having the largest 18 33 plurality of constituents residing in the county shall appoint 18 34 a member. The member appointed by each state legislator shall 18 35 be a person who is not holding elected office and who is a 19 1 resident of the legislative district of the state legislator. 19 2 Organization and expenses of the committee are subject to 19 3 section 331.234 as if the committee were a city-county 19 4 consolidation or community commonwealth commission. Sections 19 5 69.16 and 69.16A shall not apply to the committee. However, a 19 6 city allowed more than one appointment shall balance its 19 7 appointments in accordance with sections 69.16 and 69.16A, 19 8 when possible. 19 9 2. Members shall be appointed to the organization review 19 10 committee within thirty days after any of the following 19 11 occurs: 19 12 a. The county board of supervisors and each city council 19 13 in the county adopt a joint resolution calling for appointment 19 14 of members to the committee and files the resolution with the 19 15 county board of supervisors. 19 16 b. The county board of supervisors in a county adopts a 19 17 resolution calling for appointment of members to the 19 18 committee. 19 19 c. A petition signed by eligible electors of the county 19 20 equal in number to at least twenty-five percent of the votes 19 21 cast in the county for the office of president of the United 19 22 States or governor at the preceding general election or the 19 23 signatures of at least ten thousand eligible electors of the 19 24 county, whichever number is fewer, is filed with the county 19 25 board of supervisors. 19 26 3. Within seven months after the organization of the 19 27 organization review committee, the committee shall submit a 19 28 preliminary report to the county board of supervisors with a 19 29 recommendation as to what the committee believes to be the 19 30 best proposal for an alternative form of government for the 19 31 county. The auditor's office shall make the report available 19 32 to the public upon request. A summary of the report shall be 19 33 published in the official newspapers of the county and in a 19 34 newspaper of general circulation in each participating city. 19 35 4. If the committee report recommends a city-county 20 1 consolidation or community commonwealth, the committee shall 20 2 continue its existence and be designated, and operate with the 20 3 powers and duties of, a commission created pursuant to section 20 4 331.233A. If the committee report recommends a multicounty 20 5 consolidation, the committee shall continue its existence and 20 6 be designated, and operate with the powers and duties of, a 20 7 commission created pursuant to section 331.233. If the 20 8 committee recommends an alternative form of government, that 20 9 recommendation shall state whether elections conducted under 20 10 that form of government shall be partisan or nonpartisan. 20 11 5. This section does not apply to a county in which a 20 12 charter commission has been established and is operating as of 20 13 July 1, 2003. 20 14 Sec. 25. Section 372.1, Code 2003, is amended by adding 20 15 the following new subsections: 20 16 NEW SUBSECTION. 7. City-county consolidated form as 20 17 provided in sections 331.247 through 331.252. 20 18 NEW SUBSECTION. 8. Community commonwealth as provided in 20 19 sections 331.260 through 331.263. 20 20 Sec. 26. Section 372.2, unnumbered paragraph 1, Code 2003, 20 21 is amended to read as follows: 20 22AUnless otherwise provided by law, a city may adopt a 20 23 different form of government not more often than once in a 20 24 six-year period. A different form, other than a home rule 20 25 charter,orspecial charter, city-county consolidated form of 20 26 government, or community commonwealth must be adopted as 20 27 follows: 20 28 Sec. 27. IMPLEMENTATION OF ACT. Section 25B.2, subsection 20 29 3, shall not apply to this Act. 20 30 Sec. 28. EFFECTIVE AND APPLICABILITY DATES. This Act, 20 31 being deemed of immediate importance, takes effect upon 20 32 enactment and applies to charter commissions in existence on 20 33 the effective date of this Act. 20 34 EXPLANATION 20 35 This bill makes technical and substantive changes to the 21 1 law relating to alternative forms of county government and to 21 2 certain alternative forms of city government and allows 21 3 formation of local government organization review committees. 21 4 The bill provides that a consolidation commission formed by 21 5 any means that recommends a form of government other than the 21 6 existing form is to include in its final report a statement 21 7 whether the elected officers shall be elected on a partisan or 21 8 nonpartisan basis. The bill further provides that if a 21 9 commission recommends no change to the existing form of 21 10 government, the final report shall state the reasons for and 21 11 against a change in the existing form of government. The bill 21 12 requires that a summary of a commission's final report is to 21 13 be published in a newspaper of general circulation in each 21 14 participating city, in addition to the official newspapers of 21 15 the participating county. 21 16 The bill also provides that if a charter proposing a city- 21 17 county consolidated form or a community commonwealth form is 21 18 adopted, the charter commission is dissolved on the date on 21 19 which the terms of office of the members of the governing body 21 20 commence. 21 21 The bill also allows a proposed charter for county 21 22 government to be submitted to the voters at a special election 21 23 called for that purpose in addition to at the general 21 24 election. 21 25 The bill provides that the general Code provisions relating 21 26 to the election on a proposed charter for an alternative form 21 27 of county government and the effect of adoption of the 21 28 proposed charter by the electorate do not apply to city-county 21 29 consolidations or to community commonwealths. The bill enacts 21 30 similar provisions relating to the effect of adoption of the 21 31 charter in those sections of the Code that relate specifically 21 32 to city-county consolidations and to community commonwealths. 21 33 The bill also provides that the general Code provisions 21 34 relating to limitations on the alternative forms of county 21 35 government do not apply to city-county consolidations or to 22 1 community commonwealths. The bill enacts provisions similar 22 2 to the limitations provisions in those sections of the Code 22 3 that relate specifically to city-county consolidations and to 22 4 community commonwealths. 22 5 The bill provides that a city-county consolidation charter 22 6 may provide for the merger of a county and participating 22 7 cities into a single unit of local government which includes a 22 8 municipal corporation and a county or may provide for a 22 9 combined government structure of a county and one or more 22 10 participating cities, each of which would remain separate 22 11 political subdivisions. Either form would allow the county 22 12 and participating cities to retain a separate debt limitation 22 13 for purposes of the limitation imposed by the state 22 14 constitution. 22 15 Current law provides that if more than 50 percent of a 22 16 city's population resides in a county creating a city-county 22 17 consolidation charter commission, the city will be included on 22 18 the commission. The bill provides for such a city's inclusion 22 19 even if the population of the city falls below the 50 percent 22 20 threshold at a later date. 22 21 The bill provides that a petition to join a city-county 22 22 consolidated government requires signatures in an amount equal 22 23 to 25 percent of the persons voting at the last regular city 22 24 election, rather than at the general election. After 22 25 receiving a petition calling for participation, the city 22 26 council must adopt a resolution and forward it to the city- 22 27 county consolidated governing body within 10 days of adoption, 22 28 rather than immediately. 22 29 The bill provides for amendment of a city-county 22 30 consolidation charter by resolution of the governing body and 22 31 approval of the electorate, or by ordinance of the governing 22 32 body which ordinance may be petitioned for approval by 22 33 referendum, or by petition and election. For all other types 22 34 of alternative forms, current Code provides that an amendment 22 35 to county government organization may be made by submitting 23 1 the question at election by resolution of the governing body 23 2 or by petition. 23 3 The bill provides that a city-county consolidation charter 23 4 shall provide for a governing body of not less than five 23 5 members and for the initial compensation for the members and 23 6 for a method of changing the compensation. The bill also 23 7 provides that the charter shall provide for a representation 23 8 plan for the governing body which may differ from the 23 9 representation plans in current Code for counties and cities. 23 10 The bill further provides that if a county has adopted a 23 11 charter for city-county consolidation form or community 23 12 commonwealth form that provides for representation by 23 13 districts and the county's population exceeds 180,000, the 23 14 county's initial plan for districts, and its first plan for 23 15 districts after each federal decennial census, shall be drawn 23 16 by the legislative service bureau. The temporary county 23 17 redistricting commission is to review the plan and may request 23 18 that a second plan be prepared by the legislative service 23 19 bureau. If the plan drawn by the legislative service bureau 23 20 and submitted by the temporary county redistricting commission 23 21 is rejected by the governing body, the governing body shall 23 22 direct the temporary county redistricting commission to 23 23 prepare another plan as provided by current law. 23 24 The bill provides that the governing body of a city-county 23 25 consolidated government shall supervise the administration of 23 26 services in designated service areas. 23 27 The bill strikes language relating to city-county 23 28 consolidation that required the governing body, within two 23 29 years of ratification of the charter, to revise, repeal, or 23 30 reaffirm all rules, ordinances, and resolution in force at the 23 31 time of consolidation and instead provides that each rule, 23 32 ordinance, and resolution shall remain in force unless 23 33 superseded by action of the governing body or superseded by a 23 34 charter provision. 23 35 The bill also provides that when a charter for city-county 24 1 consolidation is challenged in district court, the court is to 24 2 expedite its review and determination on the challenge. 24 3 The bill amends the form of the ballot to present only one 24 4 question on adoption of the city-county consolidation 24 5 government and its charter. The bill provides that these 24 6 provisions also apply to community commonwealth proposed 24 7 charters. 24 8 The bill provides that a city-county consolidation charter, 24 9 a multicounty consolidation charter, or a community 24 10 commonwealth charter may provide for the election of its 24 11 officers on a partisan or nonpartisan basis. 24 12 The bill provides that if a city-county consolidation 24 13 charter or a community commonwealth charter is rejected by the 24 14 electorate, another charter shall not be submitted to the 24 15 electorate for at least two years after the election at which 24 16 the charter was rejected. If a charter for either form of 24 17 government is adopted, a proposed charter for another 24 18 alternative form of government shall not be submitted to the 24 19 electorate for at least six years from the date of the 24 20 election at which the charter was adopted. 24 21 The bill adds city-county consolidation and community 24 22 commonwealth as a form of city government listed in the city 24 23 part of the Code. Because the procedure for adopting these 24 24 types of city-county governments are already in the county 24 25 chapter of the Code, the bill removes them from the 24 26 requirements of changing the form of government in the city 24 27 part of the Code. 24 28 The bill allows establishment of a local government 24 29 organization review committee in a county to study whether a 24 30 charter of consolidation should be presented to the voters. 24 31 Members shall be appointed within 30 days of a resolution 24 32 being adopted by the county board of supervisors or city 24 33 councils or within 30 days of a petition signed by eligible 24 34 electors being filed with the county. 24 35 Within seven months of organizing, the committee is to 25 1 submit a preliminary report to the county board of supervisors 25 2 on what alternative form of government it recommends. The 25 3 report is to be published in the official newspapers of the 25 4 county and in a newspaper of general circulation in each city. 25 5 If the committee recommends city-county consolidation, 25 6 multicounty consolidation, or a community commonwealth, the 25 7 committee shall become the commission that will draft the 25 8 proposal in lieu of the commission member requirements 25 9 currently in statute. The requirement to establish a 25 10 consolidation committee does not apply to a county in which a 25 11 charter commission has been established and is operating as of 25 12 July 1, 2003. 25 13 The bill provides that a commission created from a local 25 14 government organization review committee shall hold a public 25 15 hearing 30 days after submission of its preliminary report to 25 16 the county board of supervisors. A commission created from a 25 17 local government organization review committee is not subject 25 18 to the requirement that a preliminary report be submitted to 25 19 the county board of supervisors within nine months after 25 20 organization of the commission. The bill provides that a 25 21 commission created from a local government organization review 25 22 committee shall submit a final report to the county board of 25 23 supervisors within five months after submission of the 25 24 government organization review committee's preliminary report 25 25 to the board. Such a commission may, on its own motion, 25 26 extend that deadline by 60 days. 25 27 The bill may include a state mandate as defined in Code 25 28 section 25B.3. However, the bill makes inapplicable Code 25 29 section 25B.2, subsection 3, which would relieve a political 25 30 subdivision from complying with a state mandate if funding for 25 31 the cost of the state mandate is not provided or specified. 25 32 Therefore, political subdivisions are required to comply with 25 33 any state mandate included in the bill. 25 34 The bill takes effect upon enactment and applies to charter 25 35 commissions in existence on the effective date of the bill. 26 1 LSB 1725HV 80 26 2 sc/sh/8
Text: HF00645 Text: HF00647 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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