Text: SSB01050 Text: SSB01052 Text: SSB01000 - SSB01099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 331.235, Code 2003, is amended to read 1 2 as follows: 1 3 331.235 COMMISSION PROCEDURES AND REPORTS. 1 4 1. Within sixty days after its organization, the 1 5 commission shall hold at least one public hearing for the 1 6 purpose of receiving information and material which will 1 7 assist in the drafting of a charter. Notice of the date, 1 8 time, and place of the hearing shall be given as provided in 1 9 chapter 21. If the commission is created pursuant to section 1 10 331.264, subsection 4, the hearing shall be held thirty days 1 11 after submission of the preliminary report to the board, 1 12 pursuant to section 331.264, subsection 3. 1 13 2. Within nine months after the organization of the 1 14 commission, the commission shall submit a preliminary report 1 15 to the board, which report may include the text of the 1 16 proposed charter. If a proposed charter is included in the 1 17 preliminary report, the report shall also include an analysis 1 18 of the fiscal impact of the proposed charter. Sufficient 1 19 copies of the report shall be made available for distribution 1 20 to residents of the county who request a copy. The commission 1 21 shall hold at least one public hearing after submission of the 1 22 preliminary report to obtain public comment. This subsection 1 23 does not apply if the commission is created pursuant to 1 24 section 331.264, subsection 4. 1 25 3. Within twenty months after organization, the commission 1 26 shall submit the final report to the board. If the commission 1 27 is created pursuant to section 331.264, subsection 4, the 1 28 commission shall submit the final report to the board within 1 29 five months after submission of the preliminary report to the 1 30 board pursuant to section 331.264, subsection 3. A commission 1 31 created pursuant to section 331.264, subsection 4, may adopt a 1 32 motion granting itself a sixty-day extension of time for 1 33 submission of its final report. If the commission recommends 1 34 a charter including a form of government other than the 1 35 existing form of government, the final report shall include 2 1 the full text and an explanation of the proposed charter, a 2 2 statement of whether the elected officers shall be elected on 2 3 a partisan or nonpartisan basis, an analysis of the fiscal 2 4 impact of the proposed charter, any comments deemed desirable 2 5 by the commission, and any minority reports. The final report 2 6 may recommend no change to the existing form of government and 2 7 that no charter be submitted to the electorate, in which case, 2 8 the report shall state the reasons for and against a change in 2 9 the existing form of government. The final report shall be 2 10 made available to the residents of the county upon request. A 2 11 summary of the final report shall be published in the official 2 12 newspapers of the county and in a newspaper of general 2 13 circulation in each participating city. 2 14 4. The commission is dissolved on the date of thegeneral2 15 election at which the proposed charter is submitted to the 2 16 electorate. If a charter is not recommended, the commission 2 17 is dissolved upon submission of its final report to the board. 2 18 Sec. 2. Section 331.237, subsection 1, Code 2003, is 2 19 amended to read as follows: 2 20 1.If aThe board shall direct the county commissioner of 2 21 elections to submit to the registered voters of the county the 2 22 question of whether the proposed charter for county government 2 23 shall be adopted. The proposed charter for county government 2 24ismay be submitted at the general election or at a special 2 25 election called for that purpose. To be submitted at the 2 26 general election, the proposed charter must be received not 2 27 less than five working days before the filing deadline for 2 28 candidates for county offices specified in section 44.4 for 2 29 the next general election, the board shall direct the county2 30commissioner of elections to submit to the registered voters2 31of the county at the next general election the question of2 32whether the proposed charter shall be adopted. A summary of 2 33 the proposed charter or amendment shall be published in the 2 34 official county newspapers and in a newspaper of general 2 35 circulation in each participating city, if applicable, at 3 1 least ten but not more than twenty days before the date of the 3 2 election. If a majority of the votes cast on the question is 3 3 in favor of the proposal, the proposal is adopted. 3 4 Sec. 3. Section 331.237, subsection 2, paragraph a, Code 3 5 2003, is amended to read as follows: 3 6 a. The adopted charter shall take effect July 1 following 3 7 thegeneralelection at which it is approved unless the 3 8 charter provides a later effective date. If the adopted 3 9 charter calls for a change in the form of government, officers 3 10 to fill elective offices shall be elected in the general 3 11 election in the even-numbered year following the adoption of 3 12 the charter. Those county officers holding office at the time 3 13 of the adoption of the charter shall continue in office until 3 14 the general election in the even-numbered year following the 3 15 adoption of the charter. If the charter provides that one or 3 16 more elective offices are combined, the board of supervisors 3 17 shall appoint one of the elective officers of the combined 3 18 offices to serve until the general election in the even- 3 19 numbered year. If the charter calls for the elimination of an 3 20 elective office, that elective officer's term of office shall 3 21 expire on the date the adopted charter takes effect. 3 22 Sec. 4. Section 331.248, subsection 2, Code 2003, is 3 23 amended by adding the following new paragraph: 3 24 NEW PARAGRAPH. g. Notwithstanding section 331.238, 3 25 subsection 3, provide whether the election of its officers 3 26 shall be on a partisan or nonpartisan basis. 3 27 Sec. 5. Section 331.249, subsection 2, unnumbered 3 28 paragraph 2, Code 2003, is amended to read as follows: 3 29 If a city-county consolidation charter is proposed, within 3 30 ninety days following the final report of the commission, a 3 31 resident or property owner of the commission area proposed to 3 32 be consolidated may bring an action in district court for 3 33 declaratory judgment to determine the legality of the proposed 3 34 charter and to otherwise declare the effect of the charter. 3 35 The court shall expedite its review and determination in this 4 1 matter. The referendum on the proposed charter shall be 4 2 stayed during pendency of the action and for such additional 4 3 time during which the proposed charter or its enabling 4 4 legislation does not conform to the Constitution or laws of 4 5 the State of Iowa. If in its final judgment the court 4 6 determines that the proposed charter fails to conform to the 4 7 Constitution or laws of this state, the commission shall have 4 8 a period of six months in which to revise and resubmit the 4 9 proposed charter. 4 10 Sec. 6. Section 331.254, subsection 7, Code 2003, is 4 11 amended to read as follows: 4 12 7. The merger of the elective offices of each 4 13 consolidating county with the election of new officers within 4 14 sixty days after the effective date of the charter which shall 4 15 specifically provide whether the election of new officers 4 16 shall be on a partisan or nonpartisan basis, notwithstanding 4 17 section 331.238, subsection 3. The elections shall be 4 18 conducted by the county commissioner of elections of each 4 19 county. No primary election shall be held. Nominations shall 4 20 be made pursuant to section 43.78 and chapters 44 and 45, as 4 21 applicable, except that the filing deadline shall be forty 4 22 days before the election. 4 23 Sec. 7. Section 331.261, subsection 11, Code 2003, is 4 24 amended to read as follows: 4 25 11.The partisanNotwithstanding section 331.238, 4 26 subsection 3, whether the election of community commonwealth 4 27 government officials shall be on a partisan or nonpartisan 4 28 basis. 4 29 Sec. 8. NEW SECTION. 331.264 LOCAL GOVERNMENT 4 30 EMPOWERMENT COMMITTEE. 4 31 1. A local government empowerment committee may be created 4 32 in a county. The committee shall be composed of the following 4 33 members: 4 34 a. Three city council members chosen by the city council 4 35 of each participating city with a population of twenty-five 5 1 thousand or more. 5 2 b. Three county supervisors chosen by the county board of 5 3 supervisors. 5 4 c. One city council member appointed by each participating 5 5 city with a population of less than twenty-five thousand. 5 6 d. Two members shall be appointed by each state legislator 5 7 whose legislative district is located in the county if a 5 8 majority of the constituents of that legislative district 5 9 reside in the county. However, if a county does not have a 5 10 state representative's legislative district which has a 5 11 majority of a state representative's constituency residing in 5 12 the county, the state representative having the largest 5 13 plurality of constituents residing in the county shall appoint 5 14 two members. At least one of the members appointed by each 5 15 state legislator shall be a person who is not holding elected 5 16 office and who is a resident of the legislative district of 5 17 the state legislator. 5 18 Organization and expenses of the committee are subject to 5 19 section 331.234 as if the committee were a city-county 5 20 consolidation or community commonwealth commission. Sections 5 21 69.16 and 69.16A shall not apply to the committee. However, a 5 22 city allowed more than one appointment and state legislators 5 23 who are allowed more than one appointment shall balance their 5 24 appointments in accordance with sections 69.16 and 69.16A, 5 25 when possible. 5 26 2. Members shall be appointed to the empowerment committee 5 27 within thirty days after any of the following occurs: 5 28 a. The county board of supervisors and each city council 5 29 in the county adopt a joint resolution calling for appointment 5 30 of members to the committee and files the resolution with the 5 31 county board of supervisors. 5 32 b. The county board of supervisors in a county adopts a 5 33 resolution calling for appointment of members to the 5 34 committee. 5 35 c. A petition signed by eligible electors of the county 6 1 equal in number to at least twenty-five percent of the votes 6 2 cast in the county for the office of president of the United 6 3 States or governor at the preceding general election or the 6 4 signatures of at least ten thousand eligible electors of the 6 5 county, whichever number is fewer, is filed with the county 6 6 board of supervisors. 6 7 3. Within seven months after the organization of the 6 8 empowerment committee, the committee shall submit a 6 9 preliminary report to the county board of supervisors with a 6 10 recommendation as to what the committee believes to be the 6 11 best proposal for an alternative form of government for the 6 12 county. The auditor's office shall make the report available 6 13 to the public upon request. A summary of the report shall be 6 14 published in the official newspapers of the county and in a 6 15 newspaper of general circulation in each participating city. 6 16 4. If the committee report recommends a city-county 6 17 consolidation or community commonwealth, the committee shall 6 18 continue its existence and be designated, and operate with the 6 19 powers and duties of, a commission created pursuant to section 6 20 331.233A. If the committee report recommends a multicounty 6 21 consolidation, the committee shall continue its existence and 6 22 be designated, and operate with the powers and duties of, a 6 23 commission created pursuant to section 331.233. If the 6 24 committee recommends an alternative form of government, that 6 25 recommendation shall state whether elections conducted under 6 26 that form of government shall be partisan or nonpartisan. 6 27 5. This section does not apply to a county in which a 6 28 charter commission has been established and is operating as of 6 29 July 1, 2003. 6 30 Sec. 9. IMPLEMENTATION OF ACT. Section 25B.2, subsection 6 31 3, shall not apply to this Act. 6 32 EXPLANATION 6 33 This bill allows establishment of a local government 6 34 empowerment committee in a county to study whether a charter 6 35 of consolidation should be presented to the voters. Members 7 1 shall be appointed within 30 days of a resolution being 7 2 adopted by the county board of supervisors or city councils or 7 3 within 30 days of a petition signed by eligible electors being 7 4 filed with the county. 7 5 Within seven months of organizing, the committee is to 7 6 submit a preliminary report to the county board of supervisors 7 7 on what form of consolidation it recommends. The report is to 7 8 be published in the official newspapers of the county and in a 7 9 newspaper of general circulation in each city. If the 7 10 committee recommends city-county consolidation, multicounty 7 11 consolidation, or a community commonwealth, the committee 7 12 shall become the commission that will draft the proposal in 7 13 lieu of the commission member requirements currently in 7 14 statute. The requirement to establish a consolidation 7 15 committee does not apply to a county in which a charter 7 16 commission has been established and is operating as of July 1, 7 17 2003. 7 18 The bill provides that a commission created from a local 7 19 government empowerment committee shall hold a public hearing 7 20 30 days after submission of its preliminary report to the 7 21 county board of supervisors. A commission created from a 7 22 local government empowerment committee is not subject to the 7 23 requirement that a preliminary report be submitted to the 7 24 county board of supervisors within nine months after 7 25 organization of the commission. The bill provides that a 7 26 commission created from a local government empowerment 7 27 committee shall submit a final report to the county board of 7 28 supervisors within five months after submission of the 7 29 empowerment committee's preliminary report to the board. Such 7 30 a commission may, on its own motion, extend that deadline by 7 31 60 days. 7 32 The bill provides that a consolidation commission formed by 7 33 any means that recommends a form of government other than the 7 34 existing form is to include in its final report a statement 7 35 whether the elected officers shall be elected on a partisan or 8 1 nonpartisan basis. The bill further provides that if a 8 2 commission recommends no change to the existing form of 8 3 government, the final report shall state the reasons for and 8 4 against a change in the existing form of government. The bill 8 5 requires that a summary of a commission's final report is to 8 6 be published in a newspaper of general circulation in each 8 7 participating city, in addition to the official newspapers of 8 8 the participating county. 8 9 The bill also allows a proposed charter for county 8 10 government to be submitted to the voters at a special election 8 11 called for that purpose in addition to at the general 8 12 election. 8 13 The bill provides that a charter shall take effect the July 8 14 1 following the election at which the charter is approved. 8 15 The bill provides that a city-county consolidation charter, 8 16 a multicounty consolidation charter, or a community 8 17 commonwealth charter may provide for the election of its 8 18 officers on a partisan or nonpartisan basis. 8 19 The bill also provides that when a charter for city-county 8 20 consolidation is challenged in district court, the court is to 8 21 expedite its review and determination on the challenge. 8 22 The bill may include a state mandate as defined in Code 8 23 section 25B.3. The bill makes inapplicable Code section 8 24 25B.2, subsection 3, which would relieve a political 8 25 subdivision from complying with a state mandate if funding for 8 26 the cost of the state mandate is not provided or specified. 8 27 Therefore, political subdivisions are required to comply with 8 28 any state mandate included in the bill. 8 29 LSB 1742SC 80 8 30 sc/pj/5
Text: SSB01050 Text: SSB01052 Text: SSB01000 - SSB01099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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