Text: HSB00566 Text: HSB00568 Text: HSB00500 - HSB00599 Text: HSB 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 services agency, and not the temporary county redistricting 1 10 commission, shall draw a representation plan as provided by 1 11 paragraph "a" pursuant to a contract executed with the county. 1 12 The plan drawn by the legislative services agency shall be 1 13 based upon the precinct plan adopted for use by the county and 1 14 shall be drawn in accordance with section 42.4, to the extent 1 15 applicable. After the legislative services agency has drawn 1 16 the plan, the legislative services agency shall at the 1 17 earliest feasible time make available to the public all of the 1 18 information required to be made public by paragraph "b". 1 19 (2) The legislative services agency shall submit the plan 1 20 to the governing body, and the governing body shall comply 1 21 with the duties required by paragraph "c", to the extent 1 22 applicable. 1 23 (3) After the requirements of paragraphs "a" through "c" 1 24 have been met, the governing body shall review the plan 1 25 submitted by the legislative services agency and shall approve 1 26 or reject the plan. If the plan is rejected, the governing 1 27 body shall give written reasons for the rejection and shall 1 28 direct the legislative services agency to prepare a second 1 29 plan, as provided in paragraph "d". The second plan may be 1 30 amended by the governing body in accordance with the 1 31 provisions of paragraph "d". After receiving the second plan, 1 32 the governing body shall approve either the first plan or the 1 33 second plan. 1 34 (4) The governing body, after approving a plan, shall 1 35 comply with the requirements of paragraph "e". 2 1 Sec. 2. Section 331.231, subsections 5 and 6, Code 2003, 2 2 are amended to read as follows: 2 3 5. City-county consolidated form as provided insection2 4 sections 331.247 through 331.252. 2 5 6. Multicounty consolidated form as provided insection2 6 sections 331.253 through 331.259. 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 charteror charter amendment. 2 12 Sec. 4. Section 331.234, subsection 4, Code 2003, is 2 13 amended to read as follows: 2 14 4.TheExcept as otherwise provided in subsection 5, the 2 15 expenses of the commission may be paid from the general fund 2 16 of the countyor. Expenses of the commission may also be paid 2 17 from any combination of public or private funds available for 2 18 that purpose. The commission's annual expenses may exceed the 2 19 amount in subsection 3 only if the excess is paid from private 2 20 funds. If a proposed charter is submitted to the electorate, 2 21 private funds donated to the commission may be used to promote 2 22 passage of the proposed charter. 2 23 Sec. 5. Section 331.234, Code 2003, is amended by adding 2 24 the following new subsection: 2 25 NEW SUBSECTION. 5. In the case of a city-county 2 26 consolidation charter commission or a community commonwealth 2 27 charter commission, the expenses of the commission shall be 2 28 paid by each city and county participating in the charter 2 29 process pursuant to section 331.233A. Each participating 2 30 city's share shall be its pro rata share of the expenses based 2 31 upon the ratio that the population of the city bears to the 2 32 total population in the county. The remainder shall be paid 2 33 from the general fund of the county. The amount paid by each 2 34 city and county participating in the charter process shall be 2 35 deposited in a segregated account maintained by the county. 3 1 Sec. 6. Section 331.235, Code 2003, is amended to read as 3 2 follows: 3 3 331.235 COMMISSION PROCEDURES AND REPORTS. 3 4 1. Within sixty days after its organization, the 3 5 commission shall hold at least one public hearing for the 3 6 purpose of receiving information and material which will 3 7 assist in the drafting of a charter. Notice of the date, 3 8 time, and place of the hearing shall be given as provided in 3 9 chapter 21. If the commission is created pursuant to section 3 10 331.264, subsection 4, the hearing shall be held thirty days 3 11 after submission of the preliminary report to the board, 3 12 pursuant to section 331.264, subsection 3. 3 13 2. Within nine months after the organization of the 3 14 commission, the commission shall submit a preliminary report 3 15 to the board, which report may include the text of the 3 16 proposed charter. If a proposed charter is included in the 3 17 preliminary report, the report shall also include an analysis 3 18 of the fiscal impact of the proposed charter. Sufficient 3 19 copies of the report shall be made available for distribution 3 20 to residents of the county who request a copy. The commission 3 21 shall hold at least one public hearing after submission of the 3 22 preliminary report to obtain public comment. This subsection 3 23 does not apply if the commission is created pursuant to 3 24 section 331.264, subsection 4. 3 25 3. Within twenty months after organization, the commission 3 26 shall submit the final report to the board. If the commission 3 27 is created pursuant to section 331.264, subsection 4, the 3 28 commission shall submit the final report to the board within 3 29 five months after submission of the preliminary report to the 3 30 board pursuant to section 331.264, subsection 3. A commission 3 31 created pursuant to section 331.264, subsection 4, may adopt a 3 32 motion granting itself a sixty-day extension of time for 3 33 submission of its final report. If the commission recommends 3 34 a charter including a form of government other than the 3 35 existing form of government, the final report shall include 4 1 the full text and an explanation of the proposed charter, an 4 2 analysis of the fiscal impact of the proposed charter, any 4 3 comments deemed desirable by the commission, and any minority 4 4 reports. The final report may recommend no change to the 4 5 existing form of government and that no charter be submitted 4 6 to the electorate, in which case, the report shall state the 4 7 reasons for and against a change in the existing form of 4 8 government. The final report shall be made available to the 4 9 residents of the county upon request. A summary of the final 4 10 report shall be published by the commission in the official 4 11 newspapers of the county and in a newspaper of general 4 12 circulation in each participating city. 4 13 4. If a provision of this part is amended by enactment of 4 14 the general assembly after a charter commission has submitted 4 15 its final report to the board and before the proposed charter 4 16 is submitted at an election, the commission may amend the 4 17 proposed charter, only to the extent the charter amendment 4 18 addresses the changes in the newly enacted law, and shall 4 19 submit the amended proposed charter and an amended final 4 20 report to the board in lieu of the original proposed charter. 4 21 The amended proposed charter shall be placed on the ballot for 4 22 the next general election if it is received by the board 4 23 within the time set out in section 331.237, subsection 1. A 4 24 summary of any amendments to the proposed charter shall be 4 25 published by the commission as provided in subsection 3. 4 264.5. The commission is dissolved on the date of the 4 27 general election at which the proposed charter is submitted to 4 28 the electorate. However, if a charter proposing the city- 4 29 county consolidated form or the community commonwealth form is 4 30 adopted, the commission is dissolved on the date that the 4 31 terms of office of the members of the governing body for the 4 32 alternative form of government commence. If a charter is not 4 33 recommended, the commission is dissolved upon submission of 4 34 its final report to the board. 4 35 Sec. 7. Section 331.237, subsection 1, Code 2003, is 5 1 amended to read as follows: 5 2 1. If a proposed charter for county government is received 5 3 not less than five working days before the filing deadline for 5 4 candidates for county offices specified in section 44.4 for 5 5 the next general election, the board shall direct the county 5 6 commissioner of elections to submit to the registered voters 5 7 of the county at the next general election the question of 5 8 whether the proposed charter shall be adopted. A summary of 5 9 the proposed charter or amendment shall be published in the 5 10 official county newspapers and in a newspaper of general 5 11 circulation in each participating city, if applicable, at 5 12 least ten but not more than twenty days before the date of the 5 13 election.IfExcept as otherwise provided in sections 331.247 5 14 and 331.260, if a majority of the votes cast on the question 5 15 is in favor of the proposal, the proposal is adopted. 5 16 Sec. 8. Section 331.237, Code 2003, is amended by adding 5 17 the following new subsection: 5 18 NEW SUBSECTION. 4. Subsections 2 and 3 do not apply to 5 19 the city-county consolidated form of government or the 5 20 community commonwealth form of government. 5 21 Sec. 9. Section 331.238, subsection 3, Code 2003, is 5 22 amended to read as follows: 5 23 3. An alternative form of county government shall provide 5 24 for the partisan election of its officers. However, for the 5 25 city-county consolidated form of government and the community 5 26 commonwealth form of government, the question of whether 5 27 officers will be elected on a partisan or nonpartisan basis 5 28 shall be a separate ballot issue contained on the same ballot 5 29 as the question of adopting the proposed charter. 5 30 Sec. 10. Section 331.238, Code 2003, is amended by adding 5 31 the following new subsection: 5 32 NEW SUBSECTION. 4. Subsections 1 and 2 do not apply to 5 33 the city-county consolidated form of government or the 5 34 community commonwealth form of government. 5 35 Sec. 11. Section 331.244, Code 2003, is amended by adding 6 1 the following new subsection: 6 2 NEW SUBSECTION. 3. This section does not apply to the 6 3 city-county consolidated form of government or the community 6 4 commonwealth form of government. 6 5 Sec. 12. Section 331.245, Code 2003, is amended by adding 6 6 the following new unnumbered paragraph: 6 7 NEW UNNUMBERED PARAGRAPH. This section does not apply to 6 8 the city-county consolidated form of government or the 6 9 community commonwealth form of government. 6 10 Sec. 13. Section 331.247, Code 2003, is amended to read as 6 11 follows: 6 12 331.247 CITY-COUNTY CONSOLIDATION FORM. 6 13 1.A county and one or more cities within the county may6 14unite to form a single unit of local government in accordance6 15with this part.A commission appointed pursuant to section 6 16 331.233A may propose a charter under which a county and one or 6 17 more cities within the county may unite to form a single unit 6 18 of local government, or may propose a charter under which a 6 19 county and one or more cities within the county may create a 6 20 unified government empowered to govern a city and a county 6 21 with each retaining the separate status and power of a city or 6 22 a county for all purposes and constituting separate political 6 23 subdivisions under combined governance. Either option 6 24 proposed shall be referred to as a city-county consolidated 6 25 form of government. If more than fifty percent of the 6 26 population of a city resides within the affected county, it is 6 27 a city within the county for the purposes of this section and 6 28 may continue its status as a city within the county even if 6 29 the population of such city falls below the more than fifty 6 30 percent threshold in a future census. 6 31 2.An alternative form of government, including a charter6 32form, for a consolidated unit of government may be submitted6 33to the voters only by a commission established under this6 34chapter.A majority vote by the charter commission is 6 35 required for the submission to the electorate ofan7 1alternative form of government for a consolidated unit of7 2local governmenta proposed charter for a city-county 7 3 consolidated form of government.The charter commission7 4submitting a consolidated form shall issue a final report and7 5proposal.7 6 3.An alternative form of government for aA city-county 7 7 consolidatedunit of localform of government does not need to 7 8 include more than one city. A city shall not be included 7 9 unless the city participates in the commission process, and a7 10majority of the electors of the affected city voting approves7 11the proposed charter for the consolidated government. 7 12 4.If an alternative form of government for a consolidated7 13unit of local government is proposed, approval of the7 14consolidation charter shall be a separate ballot issue from7 15approval of the alternative form of government in those cities7 16proposed to be included in the consolidation.Adoption of the 7 17 proposed consolidation charter requires the approval of a 7 18 majority of the votes cast in the entire county and the votes 7 19 cast in any extra-county area of a city named on the ballot, 7 20 and requires the approval of a majority of the votes cast in 7 21 one or more cities named on the ballot. The consolidation 7 22 charter shall be effective in regard to a citygovernment7 23 named on the ballot only if a majority of thevoters of the7 24city voting on the question voted for participation in the7 25 votes cast in that city approves the consolidation charter. 7 26 5. An adopted charter takes effect July 1 following the 7 27 general election at which it is approved unless the charter 7 28 provides a later effective date. If the adopted charter calls 7 29 for a change in the form of government, officers to fill 7 30 elective offices created by the charter shall be elected in 7 31 the general election in the even-numbered year following the 7 32 adoption of the charter. 7 335.6. A city may request to join an existing city-county 7 34 consolidated government by resolution of the city council or 7 35 upon petition of eligible electors of the city equal in number 8 1 to at least twenty-five percent of the persons who voted at 8 2 the lastgeneral election for the office of governor or8 3president of the United States, whichever is fewerregular 8 4 city election. Within fifteen days after receiving a valid 8 5 petition, the city council of the petitioning city shall adopt 8 6 a resolution in favor of participation and shallimmediately, 8 7 within ten days of adoption, forward the resolution to the 8 8legislativegoverning body of the city-county consolidated 8 9 government. If a majority of thecity-county consolidated8 10legislativegoverning body of the city-county consolidated 8 11 government approves the resolution, the question of joining 8 12 the city-county consolidated government shall be submitted to 8 13 the electorate of the petitioning city within sixty days after 8 14 approval of the resolution. 8 15 7. a. If a charter is adopted, it may be amended at any 8 16 time by one of the following methods: 8 17 (1) The governing body of the city-county consolidated 8 18 government, by resolution, may submit a proposed amendment to 8 19 the voters at a general election or at a special election, and 8 20 the proposed amendment becomes effective only upon approval by 8 21 a majority of those voting on the proposed amendment within 8 22 the city-county consolidated area. 8 23 (2) The governing body of the city-county consolidated 8 24 government, by ordinance, may amend the charter. However, 8 25 within thirty days following publication of the ordinance, if 8 26 a petition valid under the provisions of section 331.306 is 8 27 filed with the governing body of the city-county consolidated 8 28 government, the governing body must submit the charter 8 29 amendment to the voters at a general election or at a special 8 30 election and, in such an event, the amendment becomes 8 31 effective only upon approval of a majority of those voting on 8 32 the proposed amendment within the city-county consolidated 8 33 area. 8 34 (3) If a petition valid under the provisions of section 8 35 331.306 is filed with the governing body of the city-county 9 1 consolidated government, proposing an amendment to the 9 2 charter, the governing body must submit the proposed amendment 9 3 to the voters at a general election or at a special election 9 4 and, in such an event, the amendment becomes effective only 9 5 upon approval of a majority of those voting on the proposed 9 6 amendment within the city-county consolidated area. 9 7 b. If an election is held, the governing body shall submit 9 8 the question of amending the charter to the electors in 9 9 substantially the following form: 9 10 Should the amendment described below be adopted for the 9 11 city-county consolidated charter of (insert name of county and 9 12 of each consolidated city)? 9 13 The ballot must contain a brief description and summary of 9 14 the proposed amendment. 9 15 c. An amendment shall not adopt an alternative form of 9 16 county government but an amendment may allow the governing 9 17 body of a city-county consolidated government that has a 9 18 combined governance structure to adopt a city-county 9 19 consolidated form of government under which a county and one 9 20 or more cities within the county unite to form a single unit 9 21 of local government. 9 22 Sec. 14. Section 331.248, subsection 1, Code 2003, is 9 23 amended to read as follows: 9 24 1. The charter commission proposingconsolidationa city- 9 25 county consolidated form of government shall prepare, adopt, 9 26 andsubmitcause to be submitted to the votersa consolidation9 27 the charterincluding an alternative form of government. 9 28 Sec. 15. Section 331.248, subsection 2, Code 2003, is 9 29 amended to read as follows: 9 30 2. Theconsolidationcharter for a city-county 9 31 consolidated form of government shall: 9 32 a. Provide for adjustment of existing bonded indebtedness 9 33 and other obligations in a manner which will provide for a 9 34 fair and equitable burden of taxation for debt service. 9 35 b. Provide for establishment of service areas, except that 10 1 formation of a city-countyconsolidation government10 2 consolidated form of government shall not affect the 10 3 assignment of electric utility service territories pursuant to 10 4 chapter 476, and shall not affect the rights of a city to 10 5 grant a franchise under chapter 364. 10 6 c. Provide for the transfer or other disposition of 10 7 property and other rights, claims, assets, and franchises of 10 8local governmentsthe county and each city consolidated under 10 9 the alternative form. 10 10 d. Provide the official name of the city-county 10 11 consolidatedunit of localgovernment. 10 12 e. Provide for the transfer, reorganization, abolition, 10 13 absorption, and adjustment of boundaries of all existing 10 14 boards, bureaus, commissions, agencies, special districts, and 10 15 political subdivisions of the city-county consolidated 10 16 government. 10 17 f.Include other provisions which the county charter10 18commission and the city charter commission elect to include10 19and which are not inconsistent with state law.Provide for 10 20 the exercise of home rule power and authority not inconsistent 10 21 with state law. 10 22 g. Provide for a governing body of an odd number of 10 23 members, not less than five, but which may exceed the number 10 24 of members specified in sections 331.201, 331.203, and 10 25 331.204. The titles of the members of the governing body 10 26 shall be determined by the charter. 10 27 h. Provide for a representation plan for the governing 10 28 body which representation plan may differ from the 10 29 representation plans provided in section 331.206 and in 10 30 chapter 372. If the plan calls for representation by 10 31 districts and the charter has been approved in a county whose 10 32 population is one hundred eighty thousand or more, the plan 10 33 shall be drawn pursuant to section 331.210A, subsection 2, 10 34 paragraph "f". The initial representation plan for such a 10 35 county shall be drawn as provided in section 331.210A, 11 1 subsection 2, paragraph "f", within one hundred twenty days 11 2 after the election at which the charter is approved. For the 11 3 initial representation plan, the charter commission shall 11 4 assume the role of the governing body for purposes of this 11 5 paragraph and section 331.210A, subsection 2, paragraphs "d" 11 6 through "f". 11 7 i. Provide for the initial compensation for members of the 11 8 governing body and for a method of changing the compensation. 11 9 Sec. 16. Section 331.248, Code 2003, is amended by adding 11 10 the following new subsection: 11 11 NEW SUBSECTION. 4. The consolidation charter may include 11 12 other provisions which the commission elects to include and 11 13 which are not irreconcilable with state law. These provisions 11 14 may include but are not limited to the following: 11 15 a. Provide for a method of selecting officers of the 11 16 governing body and fixing their terms of office which may 11 17 differ from the requirements of sections 331.208 through 11 18 331.211 and the provisions of chapter 372. 11 19 b. Provide for meetings of the governing body and rules of 11 20 procedure which may differ from the requirements of section 11 21 331.213, except that the meetings shall be scheduled and 11 22 conducted in compliance with chapter 21. 11 23 c. Provide for combining the duties of elected officials 11 24 of the county, for eliminating elected offices and the 11 25 assumption of the duties of those offices by appointed 11 26 officials, and for adding to, deleting from, or otherwise 11 27 changing the duties of officials, elected or otherwise, of the 11 28 county and each consolidated city. If the charter provides 11 29 that one or more elective offices are combined, the board of 11 30 supervisors shall appoint one of the elective officers of the 11 31 combined offices to serve until new officers have been elected 11 32 at the general election in the even-numbered year and have 11 33 qualified for office. If the charter calls for the 11 34 elimination of an elective office, that elective officer's 11 35 term of office shall expire on the date specified in the 12 1 charter. 12 2 d. Provide for the organization of city and county 12 3 departments, agencies, or boards. The organization plan may 12 4 provide for the abolition or consolidation of a department, 12 5 agency, board, or commission and the assumption of its powers 12 6 and duties by the governing body or by another department, 12 7 agency, board, or commission. 12 8 e. Provide for a method for the governing body or another 12 9 office to exercise the powers and duties of the township 12 10 trustees, in lieu of their election or appointment. 12 11 f. Provide for a chief executive officer, a method of 12 12 selecting that officer, the compensation for that officer, a 12 13 method of changing the compensation, and the powers and duties 12 14 of that officer. 12 15 g. If the charter provides for a chief executive office, 12 16 provide for the appointment of a chief executive officer pro 12 17 tem, the compensation for that officer, a method of changing 12 18 the compensation, and the manner in which that officer would 12 19 exercise the powers and duties of the chief executive officer. 12 20 h. Provide for the appointment of a city manager, a method 12 21 for determining and changing the compensation for the city 12 22 manager, and the powers and duties of the city manager. 12 23 This subsection does not apply to the board of trustees of 12 24 a county hospital or to the board of trustees of a city 12 25 hospital. 12 26 Sec. 17. Section 331.249, Code 2003, is amended to read as 12 27 follows: 12 28 331.249 EFFECT OF CONSOLIDATION. 12 29 1. a.The consolidation of one or more cities and one or12 30more counties shall create a unified government which includes12 31a municipal corporation and a county.A city-county 12 32 consolidated form of government under which a county and one 12 33 or more cities within the county unite to form a single unit 12 34 of local government shall create a unified government which 12 35 includes a municipal corporation and a county. The 13 1 consolidated unit shall have the separate status of a county 13 2 and a city for all purposes and shall constitute two political 13 3 subdivisions, a consolidated city and a county, under combined 13 4 governance. The consolidated unit shall retain one separate 13 5 constitutional debt limitation with respect to its status as a 13 6 city and a separate constitutional debt limitation with 13 7 respect to its status as a county. 13 8 b. The governing body of a city-county consolidated form 13 9 of government under which a county and one or more cities 13 10 within the county create a unified government empowered to 13 11 govern a city and a county shall have, with respect to the 13 12 county, the power and authority of the board of supervisors of 13 13 a county, and, with respect to each city, the power and 13 14 authority of the city council of a city. Each consolidated 13 15 city and the county constitute separate political 13 16 subdivisions. Each consolidated city and the county shall 13 17 each retain a separate constitutional debt limitation and 13 18 shall each have the authority to issue bonds and incur 13 19 financial obligations in accordance with the provisions of 13 20 state law applicable to a city or a county, respectively. 13 21 2.AThe city-county consolidatedunit of localform of 13 22 government may include an area which is located in another 13 23 county, but which is within the corporate boundaries of one of 13 24 the consolidated cities.County services shallServices may 13 25 be provided in the extra-county area and taxes to fund those 13 26 servicesshallmay be collected in the extra-county area by 13 27 the consolidated government, to the extent permitted by the 13 28 Constitution of the State of Iowa. In addition to the right 13 29 to vote in the county of residence, electors residing in the 13 30 extra-county area shall have the right to vote on any matter 13 31 related to the city-county consolidatedunit of local13 32 government, including election of itsofficialsgoverning body 13 33 and its chief executive officer, if any. 13 34 If a city-county consolidation charter is proposed, within 13 35 ninety days following the final report of the commission, a 14 1 resident or property owner of the commission area proposed to 14 2 be consolidated may bring an action in district court for 14 3 declaratory judgment to determine the legality of the proposed 14 4 charter and to otherwise declare the effect of the charter. 14 5 The court shall expedite its review and determination in this 14 6 matter. The referendum on the proposed charter shall be 14 7 stayed during pendency of the action and for such additional 14 8 time during which the proposed charter or its enabling 14 9 legislation does not conform to the Constitution or laws of 14 10 the State of Iowa. If in its final judgment the court 14 11 determines that the proposed charter fails to conform to the 14 12 Constitution or laws of this state, the commission shall have 14 13 a period of six months in which to revise and resubmit the 14 14 proposed charter. 14 15 3. All provisions of law authorizing contributions of any 14 16 kind, in money or otherwise, from the state or federal 14 17 government to counties and cities shall remain in full force 14 18 with respect to each city and the county comprising a city- 14 19 county consolidatedlocalgovernment. 14 20 4. The adoption of a charter for a city-county 14 21 consolidated government does not alter any right or liability 14 22 of the county or consolidated city in effect at the time of 14 23 the election at which the charter was adopted. 14 24 5. All departments and agencies of the county and of each 14 25 consolidated city shall continue to operate until their 14 26 authority to operate is superseded by action of the governing 14 27 body. 14 28 6. Upon the effective date of the adopted charter, the 14 29 county and each participating city shall adopt the city-county 14 30 consolidated form of government by ordinance, and shall file a 14 31 copy with the secretary of state and maintain available copies 14 32 for public inspection. The county shall provide each 14 33 participating city with a copy of the county's ordinance. 14 34 Each participating city shall provide a copy of that city's 14 35 ordinance to the county and to the other participating cities. 15 1 7. Members of the governing body of the county shall 15 2 continue in office after the effective date of the charter 15 3 until the members of the governing body and the chief 15 4 executive officer, if any, of the city-county consolidated 15 5 government have been elected and qualified, at which time the 15 6 offices of the former governing body of the county shall be 15 7 abolished and the terms of the members of the former governing 15 8 body shall be terminated. Members of the governing body and 15 9 the mayor of each consolidated city shall continue in office 15 10 after the effective date of the charter until the members of 15 11 the governing body of the city-county consolidated government 15 12 and the chief executive officer, if any, have been elected and 15 13 qualified, at which time the office of mayor and of the former 15 14 governing body of each consolidated city shall be abolished 15 15 and the term of the members of each governing body and the 15 16 term of each mayor shall be terminated. 15 17 During the period between the effective date of the charter 15 18 and the election and qualification of the members of the 15 19 governing body of the city-county consolidated government and 15 20 the election and qualification of the chief executive officer, 15 21 if any, the former governing bodies of the county and each 15 22 city and the mayor of each city shall continue to exercise the 15 23 power of, and to perform the duties for, their respective 15 24 county and city. The charter shall provide that these 15 25 incumbent officers assist in planning and carrying out the 15 26 transition to the city-county consolidated form of government. 15 27 The board of supervisors shall include in its budget for the 15 28 fiscal year in which the charter becomes effective funds 15 29 sufficient to provide for the operating expenses of a 15 30 transition committee and for expenses incurred in initially 15 31 establishing districts if the charter provides for 15 32 representation by districts and for salaries for newly elected 15 33 officers of the city-county consolidated government, after 15 34 consultation with the transition committee. 15 35 8. If a city-county consolidation charter is submitted to 16 1 the electorate but is not adopted, another charter shall not 16 2 be submitted to the electorate for at least two years from the 16 3 date of the election at which the charter was rejected. If a 16 4 city-county consolidation charter is adopted, a proposed 16 5 charter for another alternative form of county government 16 6 shall not be submitted to the electorate for at least six 16 7 years from the date of the election at which the charter was 16 8 adopted. 16 9 Sec. 18. Section 331.250, Code 2003, is amended to read as 16 10 follows: 16 11 331.250 GENERAL POWERS OF CONSOLIDATED LOCAL GOVERNMENTS. 16 12 The consolidation charter shall provide for the delivery of 16 13 services to specified areas of theconsolidated local16 14governmentcounty and of each consolidated city. The 16 15 governing body of the consolidated government shalladminister16 16 supervise the administration of the provision of services in 16 17 each of the designated service areas and shall have the 16 18 authority to determine the boundaries of the service areas. 16 19 For each service provided by the consolidated government, the 16 20 consolidated government shall assume the same statutory 16 21 rights, powers, and duties relating to the provision of the 16 22 service as if the county or the member city were itself 16 23 providing the service to its citizens. 16 24 Sec. 19. Section 331.251, Code 2003, is amended to read as 16 25 follows: 16 26 331.251 RULES, ORDINANCES, AND RESOLUTIONS OF CONSOLIDATED 16 27UNITGOVERNMENT. 16 28Within two years after ratification of the consolidation,16 29the governing body of the consolidated unit of local16 30government shall revise, repeal, or reaffirm all rules,16 31ordinances, and resolutions in force within the participating16 32county and cities at the time of consolidation.16 33 1. Each rule, ordinance, or resolution in forceat the16 34time of consolidationwithin a county or within a city on the 16 35 effective date of the charter shall remain in force withinthe17 1former geographic jurisdictionthat county or within that city 17 2 until superseded by action of the new governing body, unless 17 3 the rule, ordinance, or resolution is in conflict with a 17 4 provision of the charter, in which case, the charter provision 17 5 shall supersede the conflicting rule, ordinance, or 17 6 resolution. The governing body of a participating city or 17 7 county in office on the effective date of the charter shall 17 8 retain its powers to adopt motions, resolutions, or ordinances 17 9 provided that such motions, resolutions, or ordinances do not 17 10 conflict with the provisions of the charter. Ordinances and 17 11 resolutions relating to public improvements to be paid for in 17 12 whole or in part by special assessments shall remain in effect 17 13 until paid in full. 17 14 2. If a charter creating a city-county consolidated form 17 15 of government provides for a chief executive officer with the 17 16 power to veto an ordinance, an amendment to an ordinance, or a 17 17 resolution, the governing body shall adopt legislation in 17 18 accordance with the provisions of chapter 380. If a charter 17 19 creating a city-county consolidated form of government does 17 20 not provide for a chief executive officer, the governing body 17 21 shall adopt legislation in accordance with the provisions of 17 22 section 331.302. However, a charter may provide that approval 17 23 of certain ordinances, amendments, or resolutions shall 17 24 require the affirmative vote of more than a majority of all 17 25 members of the governing body. 17 26 Sec. 20. Section 331.252, Code 2003, is amended to read as 17 27 follows: 17 28 331.252 FORM OF BALLOT – CITY-COUNTY CONSOLIDATION. 17 29 The question of city-county consolidation shall be 17 30 submitted to the electors in substantially the following form: 17 31 Should thecorporate existence and governments of the17 32county of ...... and the cities of ...... and ...... be17 33consolidated into one joint city-county corporation government17 34 charter described below be adopted for (insert name of county 17 35 and each city proposing to consolidate)? 18 1If section 331.247, subsection 4, applies, the following18 2question shall be placed on the ballot of each participating18 3city:18 4Should the (name of city or second county) participate in18 5the consolidation charter?18 6 If the charter described on this ballot is adopted, should 18 7 officers of the new government be elected with regard to 18 8 political affiliation? 18 9 The ballot must contain a brief description and summary of 18 10 the proposed charteror amendment. 18 11 Sec. 21. Section 331.260, subsection 2, Code 2003, is 18 12 amended to read as follows: 18 13 2. A charter proposing a community commonwealth as an 18 14 alternative form of government may be submitted to the voters 18 15 only by a commission established under section 331.232. A 18 16 majority vote by the commission is required for the submission 18 17 of a charter proposing a community commonwealth as an 18 18 alternative form of local government. The commission 18 19 submitting a community commonwealth form of government shall 18 20 issue a final report and proposal.If an alternative form of18 21government for a community commonwealth form of local18 22government is proposed, approval of the commonwealth charter18 23shall be a separate ballot issue from approval of the18 24alternative form of government in those cities proposed to be18 25included in the commonwealth. The commonwealth charter shall18 26be effective in regard to a city government only if a majority18 27of the voters of the city voting on the question voted for18 28participation in the commonwealth charter.Adoption of the 18 29 proposed community commonwealth charter requires the approval 18 30 of a majority of the votes cast in the entire county including 18 31 the votes cast in any extra-county area of a city named on the 18 32 ballot, and requires the approval of a majority of the votes 18 33 cast in one or more cities named on the ballot. A city named 18 34 on the ballot is included in the community commonwealth only 18 35 if the proposed community commonwealth charter is approved by 19 1 a majority of the votes cast in the city. 19 2 The question of forming a community commonwealth shall be 19 3 submitted to the electorate in substantially the sameform19 4 manner as provided in section 331.247, subsection 4, and 19 5 section 331.252. The effective date of the charter and 19 6 election of new officers of the community commonwealth shall 19 7 be as provided in section 331.247, subsection 5. 19 8 Sec. 22. Section 331.261, subsection 2, Code 2003, is 19 9 amended to read as follows: 19 10 2. An elective legislative body established in the manner 19 11 provided for county boards of supervisors under sections 19 12 331.201 through 331.216 and section331.238331.248, 19 13 subsection 2, the initial compensation for members of that 19 14 body, and for a method of changing the compensation. 19 15 Sec. 23. Section 331.261, subsection 11, Code 2003, is 19 16 amended by striking the subsection. 19 17 Sec. 24. Section 331.261, unnumbered paragraph 2, Code 19 18 2003, is amended to read as follows: 19 19 The community commonwealth charter may include other 19 20 provisions which the commission elects to include and which 19 21 are notinconsistentirreconcilable with state law, including, 19 22 but not limited to, those provisions in section 331.248, 19 23 subsection 4. 19 24 Sec. 25. Section 331.262, Code 2003, is amended by adding 19 25 the following new subsections: 19 26 NEW SUBSECTION. 1A. The adoption of the community 19 27 commonwealth form of government does not alter any right or 19 28 liability of the county or member city in effect at the time 19 29 of the election at which the charter was adopted. 19 30 NEW SUBSECTION. 1B. All departments and agencies of the 19 31 county and of each member city shall continue to operate until 19 32 their authority to operate is superseded by action of the 19 33 governing body. 19 34 NEW SUBSECTION. 1C. All ordinances or resolutions in 19 35 effect remain effective until amended or repealed, unless they 20 1 are irreconcilable with the adopted charter. 20 2 NEW SUBSECTION. 1D. Upon the effective date of the 20 3 adopted charter, the county shall adopt the community 20 4 commonwealth form of government by ordinance, and shall file a 20 5 copy with the secretary of state and maintain available copies 20 6 for public inspection. 20 7 NEW SUBSECTION. 1E. Members of the governing body of the 20 8 county and of each member city shall continue in office until 20 9 the members of the governing body of the community 20 10 commonwealth have been elected and sworn into office, at which 20 11 time the offices of the former governing bodies shall be 20 12 abolished, and the terms of the members of the former 20 13 governing bodies shall be terminated. During the period 20 14 between the effective date of the charter and the election and 20 15 qualification of the elected members of the new governing 20 16 body, the former governing bodies of each member city and of 20 17 the county shall continue to perform their duties and shall 20 18 assist in planning the transition to the community 20 19 commonwealth form of government. 20 20 NEW SUBSECTION. 1F. If a community commonwealth charter 20 21 is submitted to the electorate but is not adopted, another 20 22 charter shall not be submitted to the electorate for at least 20 23 two years from the date of the election at which the charter 20 24 was rejected. If a community commonwealth charter is adopted, 20 25 a proposed charter for another alternative form of county 20 26 government shall not be submitted to the electorate for at 20 27 least six years from the date of the election at which the 20 28 charter was adopted. 20 29 Sec. 26. NEW SECTION. 331.264 LOCAL GOVERNMENT 20 30 ORGANIZATION REVIEW COMMITTEE. 20 31 1. A local government organization review committee may be 20 32 created in a county. The committee shall be composed of the 20 33 following members: 20 34 a. Three city council members shall be appointed by the 20 35 city council of each participating city with a population of 21 1 twenty-five thousand or more. 21 2 b. Three county supervisors shall be appointed by the 21 3 county board of supervisors. 21 4 c. One city council member shall be appointed by each 21 5 participating city with a population of less than twenty-five 21 6 thousand. 21 7 d. One member shall be appointed by each state legislator 21 8 whose legislative district is located in the county if a 21 9 majority of the constituents of that legislative district 21 10 reside in the county. However, if a county does not have a 21 11 state representative's legislative district which has a 21 12 majority of a state representative's constituency residing in 21 13 the county, the state representative having the largest 21 14 plurality of constituents residing in the county shall appoint 21 15 a member. The member appointed by each state legislator shall 21 16 be a person who is not holding elected office and who is a 21 17 resident of the legislative district of the state legislator. 21 18 If more than one-half of the population of a legislative 21 19 district is in the unincorporated area of the county, the 21 20 member appointed by that legislator shall be a resident of the 21 21 unincorporated area of the county. 21 22 e. Three members shall be appointed by the township 21 23 trustees of all the townships in the county and an additional 21 24 member appointed by the township trustees for each five 21 25 percent of the total population of the county residing in the 21 26 unincorporated area of the county. The members shall be 21 27 residents of the unincorporated area of the county and shall 21 28 be persons who are not holding elected office other than that 21 29 of township trustee. The county auditor shall determine the 21 30 date and location for a meeting of the township trustees of 21 31 all the townships in the county at which meeting the 21 32 appointments shall be made and shall provide written notice of 21 33 the meeting to the trustees. The meeting shall be held in 21 34 accordance with chapter 21. 21 35 Organization and expenses of the committee are subject to 22 1 section 331.234 as if the committee were a city-county 22 2 consolidation or community commonwealth commission. Sections 22 3 69.16 and 69.16A shall not apply to the committee. However, a 22 4 city allowed more than one appointment shall balance its 22 5 appointments in accordance with sections 69.16 and 69.16A, 22 6 when possible. 22 7 2. Members shall be appointed to the organization review 22 8 committee within thirty days after any of the following 22 9 occurs: 22 10 a. The county board of supervisors and each city council 22 11 in the county adopt a joint resolution calling for appointment 22 12 of members to the committee and file the resolution with the 22 13 county board of supervisors. 22 14 b. The county board of supervisors in a county adopts a 22 15 resolution calling for appointment of members to the 22 16 committee. 22 17 c. A petition signed by eligible electors of the county 22 18 equal in number to at least twenty-five percent of the votes 22 19 cast in the county for the office of president of the United 22 20 States or governor at the preceding general election or the 22 21 signatures of at least ten thousand eligible electors of the 22 22 county, whichever number is fewer, is filed with the county 22 23 board of supervisors. 22 24 3. Within seven months after the organization of the 22 25 organization review committee, the committee shall submit a 22 26 preliminary report to the county board of supervisors with a 22 27 recommendation as to what the committee believes to be the 22 28 best proposal for an alternative form of government for the 22 29 county. The auditor's office shall make the report available 22 30 to the public upon request. A summary of the report shall be 22 31 published in the official newspapers of the county and in a 22 32 newspaper of general circulation in each participating city. 22 33 4. If the committee report recommends a city-county 22 34 consolidation or community commonwealth, the committee shall 22 35 continue its existence and be designated, and operate with the 23 1 powers and duties of, a commission created pursuant to section 23 2 331.233A. If the committee report recommends a multicounty 23 3 consolidation, the committee shall continue its existence and 23 4 be designated, and operate with the powers and duties of, a 23 5 commission created pursuant to section 331.233. 23 6 5. This section does not apply to a county in which a 23 7 charter commission has been established and is operating as of 23 8 July 1, 2004, until that commission is dissolved. 23 9 Sec. 27. Section 372.1, Code 2003, is amended by adding 23 10 the following new subsections: 23 11 NEW SUBSECTION. 7. City-county consolidated form as 23 12 provided in sections 331.247 through 331.252. 23 13 NEW SUBSECTION. 8. Community commonwealth as provided in 23 14 sections 331.260 through 331.263. 23 15 Sec. 28. Section 372.2, unnumbered paragraph 1, Code 2003, 23 16 is amended to read as follows: 23 17AUnless otherwise provided by law, a city may adopt a 23 18 different form of government not more often than once in a 23 19 six-year period. A different form, other than a home rule 23 20 charter,orspecial charter, city-county consolidated 23 21 government, or community commonwealth must be adopted as 23 22 follows: 23 23 Sec. 29. EFFECTIVE AND RETROACTIVE APPLICABILITY DATES. 23 24 This Act, being deemed of immediate importance, takes effect 23 25 upon enactment and applies retroactively to charter 23 26 commissions in existence on the effective date of this Act. 23 27 EXPLANATION 23 28 This bill makes technical and substantive changes to the 23 29 law relating to alternative forms of county government and to 23 30 certain forms of city government, including the process by 23 31 which such alternative forms of government are proposed and 23 32 adopted. The bill also allows formation of local government 23 33 organization review committees to study whether an alternative 23 34 form of government should be proposed. 23 35 LARGE COUNTY REDISTRICTING. The bill provides that if a 24 1 county has adopted a charter for a city-county consolidation 24 2 form or community commonwealth form that provides for 24 3 representation by districts and the county's population 24 4 exceeds 180,000, the county's initial plan for districts, and 24 5 its first plan for districts after each federal decennial 24 6 census, shall be drawn by the legislative services agency 24 7 based upon the standards applicable to congressional and 24 8 legislative redistricting. If the plan drawn by the 24 9 legislative services agency is rejected by the governing body, 24 10 the governing body shall direct the legislative services 24 11 agency to prepare another plan as provided by current law. 24 12 COMMISSION EXPENSES. The bill provides that commission 24 13 expenses shall be paid by participating cities and from the 24 14 general fund of the county. 24 15 COMMISSION'S FINAL REPORT. The bill provides that if a 24 16 commission recommends no change to the existing form of 24 17 government, the final report shall state the reasons for and 24 18 against a change in the existing form of government. The bill 24 19 requires that a summary of a commission's final report is to 24 20 be published by the commission in a newspaper of general 24 21 circulation in each participating city, in addition to the 24 22 official newspapers of the participating county. 24 23 STATUTORY CHANGES AND CHARTER AMENDMENTS. The bill 24 24 provides that if the general assembly enacts a change in the 24 25 law on alternative forms of county government after a charter 24 26 commission has submitted its final report to the county board 24 27 of supervisors but before the charter has been submitted to 24 28 the electorate, the commission may amend the proposed charter 24 29 but only to the extent the charter amendment addresses the 24 30 changes in the newly enacted law. 24 31 The bill provides that if a charter proposing a city-county 24 32 consolidated form or a community commonwealth form is adopted, 24 33 the charter commission is dissolved on the date on which the 24 34 terms of office of the members of the new governing body 24 35 commence. 25 1 SPECIAL PROVISIONS FOR ELECTIONS. The bill provides that 25 2 the general Code provisions relating to the effect of adoption 25 3 of the proposed charter by the electorate do not apply to 25 4 city-county consolidations or to community commonwealths. The 25 5 bill then amends Code sections 331.249 and 331.262 to add 25 6 similar provisions relating to the effect of adoption of the 25 7 charter in that section of the Code that relates specifically 25 8 to city-county consolidations and to community commonwealths. 25 9 SPECIAL PROVISIONS FOR ALTERNATIVE FORMS OF COUNTY 25 10 GOVERNMENT. The bill also provides that the general Code 25 11 provisions relating to limitations on the alternative forms of 25 12 county government do not apply to city-county consolidations 25 13 or to community commonwealths. The bill then amends Code 25 14 section 331.248 to add similar limitations provisions in that 25 15 section of the Code that relates specifically to city-county 25 16 consolidations and to community commonwealths. The bill also 25 17 provides that the question of whether the officers of a city- 25 18 county consolidated government or a community commonwealth 25 19 should be elected on a partisan or nonpartisan basis shall be 25 20 a separate ballot issue on the same ballot as the question of 25 21 adopting the proposed charter. 25 22 TWO FORMS OF CITY-COUNTY CONSOLIDATION. The bill provides 25 23 that a city-county consolidation charter may provide for the 25 24 merger of a county and participating cities into a single unit 25 25 of local government which includes a municipal corporation and 25 26 a county, or may provide for a unified government structure of 25 27 a county and one or more participating cities where each would 25 28 remain separate political subdivisions. Either form allows 25 29 the county and participating cities to retain a separate debt 25 30 limitation for purposes of the limitation imposed by the state 25 31 constitution. 25 32 CITY POPULATION. Current law provides that if more than 50 25 33 percent of a city's population resides in a county creating a 25 34 city-county consolidation charter commission, the city will be 25 35 included on the commission. The bill provides for such a 26 1 city's inclusion even if the population of the city falls 26 2 below the more than 50 percent threshold at a later date. 26 3 CHARTER ADOPTION. The bill provides that adoption of a 26 4 city-county consolidation charter or a community commonwealth 26 5 charter requires the approval of a majority of the votes cast 26 6 in the county, including the extra-county area of a city named 26 7 on the ballot and a majority of the votes cast in one or more 26 8 of the cities named on the ballot. 26 9 PETITIONS FOR CONSOLIDATION. The bill provides that a 26 10 petition to join a city-county consolidated government 26 11 requires signatures in an amount equal to 25 percent of the 26 12 persons voting at the last regular city election, rather than 26 13 at the general election. After receiving a petition calling 26 14 for participation, the city council must adopt a resolution 26 15 and forward it to the city-county consolidated governing body 26 16 within 10 days of adoption, rather than immediately. 26 17 CHARTER AMENDMENTS. The bill provides for amendment of a 26 18 city-county consolidation charter by resolution of the 26 19 governing body and approval of the electorate; or by ordinance 26 20 of the governing body, which ordinance may be petitioned for 26 21 approval by referendum; or by petition and election. 26 22 CONSOLIDATED GOVERNING BODIES. The bill provides that a 26 23 city-county consolidation charter shall provide for a 26 24 governing body of not less than five members and for the 26 25 initial compensation for the members and for a method of 26 26 changing the compensation. The bill also provides that the 26 27 charter shall provide for a representation plan for the 26 28 governing body which may differ from the representation plans 26 29 in current Code for counties and cities. 26 30 EXPEDITED COURT REVIEW. The bill provides that when a 26 31 charter for city-county consolidation is challenged in 26 32 district court, the court is to expedite its review and 26 33 determination on the challenge. 26 34 SUBSEQUENT CHARTER SUBMISSIONS. The bill provides that if 26 35 a city-county consolidation charter or a community 27 1 commonwealth charter is rejected by the electorate, another 27 2 charter shall not be submitted to the electorate for at least 27 3 two years after the election at which the charter was 27 4 rejected. The bill also provides that if a charter for either 27 5 form of government is adopted, a proposed charter for another 27 6 alternative form of government shall not be submitted to the 27 7 electorate for at least six years from the date of the 27 8 election at which the charter was adopted. 27 9 CONTINUITY AFTER CHARTER ADOPTION. The bill strikes 27 10 language relating to city-county consolidation that required 27 11 the governing body, within two years of ratification of the 27 12 charter, to revise, repeal, or reaffirm all rules, ordinances, 27 13 and resolutions in force at the time of consolidation and 27 14 instead provides that each rule, ordinance, and resolution 27 15 shall remain in force unless superseded by action of the 27 16 governing body or superseded by a charter provision. 27 17 BALLOT QUESTION. The bill amends the form of the ballot to 27 18 present only one question on adoption of the city-county 27 19 consolidation government and its charter. The bill provides 27 20 that these provisions also apply to community commonwealth 27 21 proposed charters. 27 22 LOCAL GOVERNMENT ORGANIZATION REVIEW COMMITTEES. The bill 27 23 allows establishment of a local government organization review 27 24 committee in a county to study whether a charter of 27 25 consolidation should be presented to the voters. Membership 27 26 on the committee includes city council members, county 27 27 supervisors, members appointed by state legislators, and 27 28 members appointed by township trustees. 27 29 PRELIMINARY REPORT AND FORMAL REORGANIZATION PROPOSAL. 27 30 Within seven months of organizing, the committee is to submit 27 31 a preliminary report to the county board of supervisors on 27 32 what alternative form of government it recommends. The report 27 33 is to be published in the official newspapers of the county 27 34 and in a newspaper of general circulation in each city. If 27 35 the committee recommends city-county consolidation, 28 1 multicounty consolidation, or a community commonwealth, the 28 2 committee becomes the commission that would draft the proposal 28 3 in lieu of the commission member requirements currently in 28 4 statute. The requirement to establish a consolidation 28 5 committee does not apply to a county in which a charter 28 6 commission has been established and is operating as of July 1, 28 7 2004, until the commission is dissolved. 28 8 EFFECTIVE DATE AND RETROACTIVE APPLICABILITY. The bill 28 9 takes effect upon enactment and applies retroactively to 28 10 charter commissions in existence on that date. 28 11 LSB 5163HC 80 28 12 sc/pj/5
Text: HSB00566 Text: HSB00568 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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