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
© 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: Tue Feb 18 11:45:08 CST 2003
URL: /DOCS/GA/80GA/Legislation/SF/00000/SF00046/030123.html
jhf