Text: SF00045 Text: SF00047 Text: SF00000 - SF00099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 331.309 ADOPTION OF ORDINANCES 1 2 BY PETITION AND ELECTION. 1 3 1. The board of supervisors of a county may adopt an 1 4 ordinance providing for the right of the people to propose 1 5 ordinances by petition for submission to the voters at an 1 6 election. Such proposed ordinances are limited in subject to 1 7 matters under the jurisdiction of the board of supervisors. 1 8 2. For purposes of this section, "ordinance" means a 1 9 county law of a general and permanent nature, and includes a 1 10 proposition adopting, amending, or repealing a new or existing 1 11 law, policy, or plan. An ordinance does not include a 1 12 proposition providing for the execution or administration of a 1 13 law, policy, or plan already adopted by the board. 1 14 3. a. Upon receipt of a valid petition containing the 1 15 signatures of eligible electors in the county equal in number 1 16 to five percent of those voting in the county for the office 1 17 of governor or president at the last preceding general 1 18 election, the board of supervisors shall direct the county 1 19 commissioner of elections to call an election on the matter. 1 20 b. The resolution submitted by the board must be received 1 21 by the commissioner of elections not less than thirty-two days 1 22 before the election and must include all of the following: 1 23 (1) The proposed date of the election which may be the 1 24 same day as another election if the elections do not conflict 1 25 as provided in section 47.6. 1 26 (2) The full text of the proposed ordinance to be 1 27 presented to the voters of the county. 1 28 (3) The date the ordinance will become effective if 1 29 approved by the voters. 1 30 4. The county commissioner of elections shall conduct the 1 31 election in the manner provided by chapters 39 through 53, as 1 32 applicable. 1 33 5. The right to petition for adoption of an ordinance by 1 34 election shall not extend to any of the following: 1 35 a. Any measure of an executive or administrative nature. 2 1 b. The county budget. 2 2 c. The appropriation of money. 2 3 d. The levy of taxes or special assessments. 2 4 e. The issuance of general obligation bonds or revenue 2 5 bonds. 2 6 f. The letting of contracts. 2 7 g. Salaries of county employees. 2 8 h. Emergency ordinances relating to the health, safety, 2 9 and welfare of the citizens of the county. 2 10 i. Any measure required to be enacted by state or federal 2 11 law. 2 12 j. Amendments affecting the county zoning ordinance. 2 13 Sec. 2. NEW SECTION. 364.26 ADOPTION OF ORDINANCE BY 2 14 PETITION AND ELECTION. 2 15 1. The city council of a city may adopt an ordinance 2 16 providing for the right of the people to propose ordinances by 2 17 petition for submission to the voters at an election. Such 2 18 proposed ordinances are limited in subject to matters under 2 19 the jurisdiction of the city council. 2 20 2. For purposes of this section, "ordinance" means a city 2 21 law of a general and permanent nature, and includes a 2 22 proposition adopting, amending, or repealing a new or existing 2 23 law, policy, or plan. An ordinance does not include a 2 24 proposition providing for the execution or administration of a 2 25 law, policy, or plan already adopted by the city council. 2 26 3. a. Upon receipt of a valid petition containing the 2 27 signatures of eligible electors in the city equal in number to 2 28 five percent of those voting in the city for the office of 2 29 governor or president at the last preceding general election, 2 30 the city council shall direct the county commissioner of 2 31 elections to call an election on the matter. 2 32 b. The resolution submitted by the city council must be 2 33 received by the commissioner of elections not less than 2 34 thirty-two days before the election and must include all of 2 35 the following: 3 1 (1) The proposed date of the election which may be the 3 2 same day as another election if the elections do not conflict 3 3 as provided in section 47.6. 3 4 (2) The full text of the proposed ordinance to be 3 5 presented to the voters of the city. 3 6 (3) The date the ordinance will become effective if 3 7 approved by the voters. 3 8 4. The county commissioner of elections shall conduct the 3 9 election in the manner provided by chapters 39 through 53, as 3 10 applicable. 3 11 5. The right to petition for adoption of an ordinance by 3 12 election shall not extend to any of the following: 3 13 a. Any measure of an executive or administrative nature. 3 14 b. The city budget. 3 15 c. The appropriation of money. 3 16 d. The levy of taxes or special assessments. 3 17 e. The issuance of general obligation bonds or revenue 3 18 bonds. 3 19 f. The letting of contracts. 3 20 g. Salaries of city employees. 3 21 h. Emergency ordinances relating to the health, safety, 3 22 and welfare of the citizens of the city. 3 23 i. Any measure required to be enacted by state or federal 3 24 law. 3 25 j. Amendments affecting the city zoning ordinance. 3 26 EXPLANATION 3 27 This bill allows cities and counties to adopt an ordinance 3 28 granting the people the power to petition for a proposed 3 29 ordinance to be placed on the ballot. The subject matter of 3 30 an ordinance proposed by petition may be any subject under the 3 31 jurisdiction of the city council or board of supervisors, 3 32 except for matters pertaining to the budget and appropriation 3 33 of money, the levy of taxes and special assessments, the 3 34 issuance of bonds, the letting of contracts, city or county 3 35 employee salaries, emergencies, and zoning. The bill also 4 1 does not allow petitioned ordinances on any measure of an 4 2 executive or administrative nature and any measure required to 4 3 be enacted by state or federal law. 4 4 LSB 1695SS 80 4 5 sc/sh/8.1
Text: SF00045 Text: SF00047 Text: SF00000 - SF00099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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