Text: HSB00186 Text: HSB00188 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 331.235, subsection 4, Code 2003, is 1 2 amended to read as follows: 1 3 4. The commission is dissolved on the date of thegeneral1 4 election at which the proposed charter is submitted to the 1 5 electorate. If a charter is not recommended, the commission 1 6 is dissolved upon submission of its final report to the board. 1 7 Sec. 2. Section 331.237, Code 2003, is amended by adding 1 8 the following new subsection: 1 9 NEW SUBSECTION. 4. This section does not apply to the 1 10 city-county consolidated form of government or the community 1 11 commonwealth form of government. 1 12 Sec. 3. Section 331.238, subsection 3, Code 2003, is 1 13 amended to read as follows: 1 14 3.AnExcept as otherwise provided in section 331.248, an 1 15 alternative form of county government shall provide for the 1 16 partisan election of its officers. 1 17 Sec. 4. Section 331.247, subsection 4, Code 2003, is 1 18 amended by striking the subsection and inserting in lieu 1 19 thereof the following: 1 20 4. If the commission submits to the board of supervisors a 1 21 recommendation for a city-county consolidated form of 1 22 alternative county government, the commission shall direct 1 23 whether the charter shall be submitted at the next general 1 24 election or proposed at a special election called for that 1 25 purpose. If the commission directs submission at a special 1 26 election, the commission shall specify the proposed date of 1 27 the special election. The special election may be held on the 1 28 day of the regular city election. The board shall direct the 1 29 county commissioner of elections to submit the question of 1 30 whether the proposed charter shall be adopted to the 1 31 registered voters of the county on the date specified by the 1 32 commission. A summary of the proposed charter shall be 1 33 published in the official county newspapers and in a newspaper 1 34 of general circulation in each city at least ten but not more 1 35 than twenty days before the date of the election. Adoption of 2 1 the proposed charter requires the approval of a majority of 2 2 the votes cast in the entire county. A city named on the 2 3 ballot is included in the consolidation if the proposed 2 4 charter is approved by a majority of the votes cast in the 2 5 city. 2 6 If adopted, the charter shall become effective July 1 2 7 following the election at which it is approved, unless the 2 8 charter provides for an earlier or later effective date. If 2 9 the charter calls for the elimination of an elective office, 2 10 that elective officer's term of office shall expire on the 2 11 date the adopted charter takes effect. Officers to fill the 2 12 elective offices established in the charter shall be elected 2 13 at a special election provided for in the charter. 2 14 Sec. 5. Section 331.248, subsection 2, Code 2003, is 2 15 amended by adding the following new paragraphs: 2 16 NEW PARAGRAPH. g. Provide for the partisan election of 2 17 the auditor, county attorney, recorder, sheriff, and treasurer 2 18 unless the office is combined or eliminated. 2 19 NEW PARAGRAPH. h. Provide for the partisan or nonpartisan 2 20 election of all other elected officials not listed in 2 21 paragraph "g". 2 22 Sec. 6. Section 331.249, Code 2003, is amended by adding 2 23 the following new subsections: 2 24 NEW SUBSECTION. 4. The adoption of the city-county 2 25 consolidated form does not alter any right or liability of the 2 26 county or consolidated city in effect at the time of the 2 27 election at which the charter was adopted. 2 28 NEW SUBSECTION. 5. All departments and agencies of the 2 29 county and of each consolidated city shall continue to operate 2 30 until their authority to operate is superseded by action of 2 31 the governing body. 2 32 NEW SUBSECTION. 6. Upon the effective date of the adopted 2 33 charter, the county shall adopt the city-county consolidated 2 34 form by ordinance, and shall file a copy with the secretary of 2 35 state and maintain available copies for public inspection. 3 1 NEW SUBSECTION. 7. Members of the governing body of the 3 2 county and of each consolidated city shall continue in office 3 3 until the members of the governing body of the city-county 3 4 consolidated government have been elected and sworn into 3 5 office, at which time the offices of the former governing 3 6 bodies shall be abolished, and the terms of the members of the 3 7 former governing bodies shall be terminated. During the 3 8 period between the effective date of the charter and the 3 9 election and qualification of the elected members of the new 3 10 governing body, the former governing bodies of each 3 11 consolidated city and of the county shall continue to perform 3 12 their duties and shall assist in planning the transition to 3 13 the city-county consolidated government. 3 14 NEW SUBSECTION. 8. If a city-county consolidation charter 3 15 is submitted to the electorate but is not adopted, another 3 16 charter shall not be submitted to the electorate for at least 3 17 two years from the date of the election at which the charter 3 18 was rejected. If a city-county consolidation charter is 3 19 adopted, a proposed charter for another alternative form of 3 20 county government shall not be submitted to the electorate for 3 21 at least six years from the date of the election at which the 3 22 charter was adopted. 3 23 Sec. 7. Section 331.252, Code 2003, is amended to read as 3 24 follows: 3 25 331.252 FORM OF BALLOT – CITY-COUNTY CONSOLIDATION. 3 26 The question of city-county consolidation shall be 3 27 submitted to the electors in substantially the following form: 3 28 Should thecorporate existence and governments of the3 29county of ...... and the cities of ...... and ...... be3 30consolidated into one joint city-county corporation government3 31 charter described below be adopted for (insert name of county 3 32 and each city proposing to consolidate)? 3 33If section 331.247, subsection 4, applies, the following3 34question shall be placed on the ballot of each participating3 35city:4 1Should the (name of city or second county) participate in4 2the consolidation charter?4 3 The ballot must contain a brief description and summary of 4 4 the proposed charter or amendment. 4 5 Sec. 8. Section 331.260, subsection 2, Code 2003, is 4 6 amended to read as follows: 4 7 2. A charter proposing a community commonwealth as an 4 8 alternative form of government may be submitted to the voters 4 9 only by a commission established under section 331.232. A 4 10 majority vote by the commission is required for the submission 4 11 of a charter proposing a community commonwealth as an 4 12 alternative form of local government. The commission 4 13 submitting a community commonwealth form of government shall 4 14 issue a final report and proposal.If an alternative form of4 15government for a community commonwealth form of local4 16government is proposed, approval of the commonwealth charter4 17shall be a separate ballot issue from approval of the4 18alternative form of government in those cities proposed to be4 19included in the commonwealth. The commonwealth charter shall4 20be effective in regard to a city government only if a majority4 21of the voters of the city voting on the question voted for4 22participation in the commonwealth charter.Adoption of the 4 23 proposed community commonwealth charter requires the approval 4 24 of a majority of the votes cast in the entire county. A city 4 25 named on the ballot is included in the community commonwealth 4 26 if the proposed community commonwealth charter is approved by 4 27 a majority of the votes cast in the city. 4 28 The question of forming a community commonwealth shall be 4 29 submitted to the electorate in substantially the sameform4 30 manner as provided in section 331.247, subsection 4, and 4 31 section 331.252. 4 32 Sec. 9. Section 331.262, Code 2003, is amended by adding 4 33 the following new subsections: 4 34 NEW SUBSECTION. 1A. The adoption of the community 4 35 commonwealth form does not alter any right or liability of the 5 1 county or member city in effect at the time of the election at 5 2 which the charter was adopted. 5 3 NEW SUBSECTION. 1B. All departments and agencies of the 5 4 county and of each member city shall continue to operate until 5 5 their authority to operate is superseded by action of the 5 6 governing body. 5 7 NEW SUBSECTION. 1C. All ordinances or resolutions in 5 8 effect remain effective until amended or repealed, unless they 5 9 are irreconcilable with the adopted charter. 5 10 NEW SUBSECTION. 1D. Upon the effective date of the 5 11 adopted charter, the county shall adopt the community 5 12 commonwealth form by ordinance, and shall file a copy with the 5 13 secretary of state and maintain available copies for public 5 14 inspection. 5 15 NEW SUBSECTION. 1E. Members of the governing body of the 5 16 county and of each member city shall continue in office until 5 17 the members of the governing body of the community 5 18 commonwealth government have been elected and sworn into 5 19 office, at which time the offices of the former governing 5 20 bodies shall be abolished, and the terms of the members of the 5 21 former governing bodies shall be terminated. During the 5 22 period between the effective date of the charter and the 5 23 election and qualification of the elected members of the new 5 24 governing body, the former governing bodies of each member 5 25 city and of the county shall continue to perform their duties 5 26 and shall assist in planning the transition to the community 5 27 commonwealth government. 5 28 NEW SUBSECTION. 1F. If a community commonwealth charter 5 29 is submitted to the electorate but is not adopted, another 5 30 charter shall not be submitted to the electorate for at least 5 31 two years from the date of the election at which the charter 5 32 was rejected. If a community commonwealth charter is adopted, 5 33 a proposed charter for another alternative form of county 5 34 government shall not be submitted to the electorate for at 5 35 least six years from the date of the election at which the 6 1 charter was adopted. 6 2 Sec. 10. EFFECTIVE AND APPLICABILITY DATES. This Act, 6 3 being deemed of immediate importance, takes effect upon 6 4 enactment and applies to charter commissions in existence on 6 5 the effective date of this Act. 6 6 EXPLANATION 6 7 This bill makes changes to the law relating to the city- 6 8 county consolidated alternative form of county government and 6 9 to the community commonwealth alternative form of county 6 10 government. 6 11 The bill provides that the general Code provisions relating 6 12 to the election on a proposed charter for an alternative form 6 13 of county government and the effect of adoption of the 6 14 proposed charter by the electorate do not apply to city-county 6 15 consolidations or to community commonwealths. The bill enacts 6 16 similar provisions relating to the effect of adoption of the 6 17 charter in those sections of the Code that relate specifically 6 18 to city-county consolidations and to community commonwealths. 6 19 The bill provides that a city-county consolidation charter 6 20 commission may direct whether the referendum on the question 6 21 of adopting a charter for city-county consolidation shall be 6 22 submitted at the general election or at a special election. 6 23 If a special election is to be called, the commission shall 6 24 specify a proposed date for the special election. Adoption of 6 25 the proposed city-county consolidation charter requires 6 26 approval of a majority of the votes cast in the entire county. 6 27 A city proposing to consolidate with the county is included in 6 28 the consolidation if the proposed consolidation charter is 6 29 approved by a majority of the votes cast in the city. The 6 30 bill amends the form of the ballot to present only one 6 31 question on adoption of the city-county consolidation 6 32 government and its charter. The bill provides that these 6 33 provisions also apply to community commonwealth charter 6 34 commissions. The bill amends Code section 331.235 to conform 6 35 with the change allowing a city-county consolidation proposed 7 1 charter and a community commonwealth proposed charter to be 7 2 voted on at a special election. 7 3 The bill provides that a city-county consolidation charter 7 4 may provide for the partisan election of certain elected 7 5 officials and for either the partisan or nonpartisan election 7 6 of all other elected officials. 7 7 The bill provides that if a city-county consolidation 7 8 charter or a community commonwealth charter is rejected by the 7 9 electorate, another charter shall not be submitted to the 7 10 electorate for at least two years after the election at which 7 11 the charter was rejected. If a charter for either form of 7 12 government is adopted, a proposed charter for another 7 13 alternative form of government shall not be submitted to the 7 14 electorate for at least six years from the date of the 7 15 election at which the charter was adopted. 7 16 The bill takes effect upon enactment and applies to charter 7 17 commissions in existence on the effective date. 7 18 LSB 1723HC 80 7 19 sc/cl/14
Text: HSB00186 Text: HSB00188 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
© 2003 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Wed Feb 26 02:30:23 CST 2003
URL: /DOCS/GA/80GA/Legislation/HSB/00100/HSB00187/030225.html
jhf