House File 646
HOUSE FILE
BY COMMITTEE ON STATE GOVERNMENT
(SUCCESSOR TO HSB 222)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to certain alternative forms of county and city
2 government by providing for county redistricting and
3 representation, charter commission administration, application
4 of various statutory requirements, the manner in which a
5 charter may be proposed and adopted, amendment of a charter,
6 the organization of the governing body, and inclusions in a
7 charter, making technical changes relating to the
8 administration and authority of a city=county consolidated
9 government and a community commonwealth, allowing formation of
10 local government organization review committees, and including
11 effective and applicability date provisions.
12 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
13 TLSB 1725HV 80
14 sc/sh/8
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 service bureau, and not the temporary county redistricting
1 10 commission, shall draw a first or second plan as necessary and
1 11 required by paragraph "a" pursuant to a contract executed with
1 12 the county. The plan drawn by the legislative service bureau
1 13 shall be based upon the precinct plan adopted for use by the
1 14 county and shall be drawn in accordance with section 42.4, to
1 15 the extent applicable.
1 16 (2) The plan drawn by the legislative service bureau shall
1 17 be submitted to the temporary county redistricting commission
1 18 which shall not amend the plan and which shall perform the
1 19 duties required by paragraphs "b" and "c" concerning the plan.
1 20 The temporary county redistricting commission shall accept the
1 21 plan in total or it may request and contract to have a second
1 22 plan prepared by the legislative service bureau. In doing so,
1 23 the temporary county redistricting commission shall state its
1 24 objections to the first plan in writing.
1 25 (3) After the requirements of paragraphs "b" and "c" have
1 26 been met with respect to either a first or second plan, the
1 27 plan drawn by the legislative service bureau and accepted by
1 28 the temporary county redistricting commission shall be
1 29 submitted to the governing body for its approval or rejection.
1 30 If the plan drawn by the legislative service bureau and
1 31 accepted by the temporary county redistricting commission is
1 32 rejected by the governing body, the governing body may
1 33 consider and accept the other plan submitted by the
1 34 legislative service bureau to the temporary county
1 35 redistricting commission, if any, or shall direct the
2 1 temporary county redistricting commission to prepare another
2 2 plan as provided by paragraph "d".
2 3 Sec. 2. Section 331.231, subsection 5, Code 2003, is
2 4 amended to read as follows:
2 5 5. City=county consolidated form as provided in section
2 6 sections 331.247 through 331.252.
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 the county electorate by the commission in the
2 11 form of a charter or charter amendment.
2 12 Sec. 4. Section 331.235, Code 2003, is amended to read as
2 13 follows:
2 14 331.235 COMMISSION PROCEDURES AND REPORTS.
2 15 1. Within sixty days after its organization, the
2 16 commission shall hold at least one public hearing for the
2 17 purpose of receiving information and material which will
2 18 assist in the drafting of a charter. Notice of the date,
2 19 time, and place of the hearing shall be given as provided in
2 20 chapter 21. If the commission is created pursuant to section
2 21 331.264, subsection 4, the hearing shall be held thirty days
2 22 after submission of the preliminary report to the board,
2 23 pursuant to section 331.264, subsection 3.
2 24 2. Within nine months after the organization of the
2 25 commission, the commission shall submit a preliminary report
2 26 to the board, which report may include the text of the
2 27 proposed charter. If a proposed charter is included in the
2 28 preliminary report, the report shall also include an analysis
2 29 of the fiscal impact of the proposed charter. Sufficient
2 30 copies of the report shall be made available for distribution
2 31 to residents of the county who request a copy. The commission
2 32 shall hold at least one public hearing after submission of the
2 33 preliminary report to obtain public comment. This subsection
2 34 does not apply if the commission is created pursuant to
2 35 section 331.264, subsection 4.
3 1 3. Within twenty months after organization, the commission
3 2 shall submit the final report to the board. If the commission
3 3 is created pursuant to section 331.264, subsection 4, the
3 4 commission shall submit the final report to the board within
3 5 five months after submission of the preliminary report to the
3 6 board pursuant to section 331.264, subsection 3. A commission
3 7 created pursuant to section 331.264, subsection 4, may adopt a
3 8 motion granting itself a sixty=day extension of time for
3 9 submission of its final report. If the commission recommends
3 10 a charter including a form of government other than the
3 11 existing form of government, the final report shall include
3 12 the full text and an explanation of the proposed charter, a
3 13 statement of whether the elected officers shall be elected on
3 14 a partisan or nonpartisan basis, an analysis of the fiscal
3 15 impact of the proposed charter, any comments deemed desirable
3 16 by the commission, and any minority reports. The final report
3 17 may recommend no change to the existing form of government and
3 18 that no charter be submitted to the electorate, in which case,
3 19 the report shall state the reasons for and against a change in
3 20 the existing form of government. The final report shall be
3 21 made available to the residents of the county upon request. A
3 22 summary of the final report shall be published in the official
3 23 newspapers of the county and in a newspaper of general
3 24 circulation in each participating city.
3 25 4. The commission is dissolved on the date of the general
3 26 election at which the proposed charter is submitted to the
3 27 electorate. However, if a charter proposing the city=county
3 28 consolidated form or the community commonwealth form is
3 29 adopted, the commission is dissolved on the date that the
3 30 terms of office of the members of the governing body for the
3 31 alternative form of government commence. If a charter is not
3 32 recommended, the commission is dissolved upon submission of
3 33 its final report to the board.
3 34 Sec. 5. Section 331.237, subsection 1, Code 2003, is
3 35 amended to read as follows:
4 1 1. If a The board shall direct the county commissioner of
4 2 elections to submit to the registered voters of the county the
4 3 question of whether the proposed charter for county government
4 4 shall be adopted. The proposed charter for county government
4 5 is may be submitted at the general election or at a special
4 6 election called for that purpose. If the board directs
4 7 submission at a special election, the board shall specify the
4 8 proposed date of the special election. The special election
4 9 may be held on the day of the regular city election. To be
4 10 submitted at the general election, the proposed charter must
4 11 be received not less than five working days before the filing
4 12 deadline for candidates for county offices specified in
4 13 section 44.4 for the next general election, the board shall
4 14 direct the county commissioner of elections to submit to the
4 15 registered voters of the county at the next general election
4 16 the question of whether the proposed charter shall be adopted.
4 17 A summary of the proposed charter or amendment shall be
4 18 published in the official county newspapers and in a newspaper
4 19 of general circulation in each participating city, if
4 20 applicable, at least ten but not more than twenty days before
4 21 the date of the election. If a majority of the votes cast on
4 22 the question is in favor of the proposal, the proposal is
4 23 adopted.
4 24 Sec. 6. Section 331.237, subsection 2, paragraph a, Code
4 25 2003, is amended to read as follows:
4 26 a. The adopted charter shall take effect July 1 following
4 27 the general election at which it is approved unless the
4 28 charter provides a later effective date. If the adopted
4 29 charter calls for a change in the form of government, officers
4 30 to fill elective offices shall be elected in the general
4 31 election in the even=numbered year following the adoption of
4 32 the charter. Those county officers holding office at the time
4 33 of the adoption of the charter shall continue in office until
4 34 the general election in the even=numbered year following the
4 35 adoption of the charter. If the charter provides that one or
5 1 more elective offices are combined, the board of supervisors
5 2 shall appoint one of the elective officers of the combined
5 3 offices to serve until the general election in the even=
5 4 numbered year. If the charter calls for the elimination of an
5 5 elective office, that elective officer's term of office shall
5 6 expire on the date the adopted charter takes effect.
5 7 Sec. 7. Section 331.237, Code 2003, is amended by adding
5 8 the following new subsection:
5 9 NEW SUBSECTION. 4. Subsections 2 and 3 of this section do
5 10 not apply to the city=county consolidated form of government
5 11 or the community commonwealth form of government.
5 12 Sec. 8. Section 331.238, Code 2003, is amended by adding
5 13 the following new subsection:
5 14 NEW SUBSECTION. 4. Subsections 1 and 2 do not apply to
5 15 the city=county consolidated form of government or the
5 16 community commonwealth form of government.
5 17 Sec. 9. Section 331.244, Code 2003, is amended by adding
5 18 the following new subsection:
5 19 NEW SUBSECTION. 3. This section does not apply to the
5 20 city=county consolidated form of government.
5 21 Sec. 10. Section 331.247, Code 2003, is amended to read as
5 22 follows:
5 23 331.247 CITY=COUNTY CONSOLIDATION FORM.
5 24 1. A county and one or more cities within the county may
5 25 unite to form a single unit of local government in accordance
5 26 with this part. A commission appointed pursuant to section
5 27 331.233A may propose a charter under which a county and one or
5 28 more cities within the county may unite to form a single unit
5 29 of local government, or may propose a charter under which a
5 30 county and one or more cities within the county may form a
5 31 combined governance structure for the county and such cities
5 32 in accordance with this part. The charter shall declare
5 33 whether the form is a merger of a county and one or more
5 34 cities to form a single unit of local government or whether
5 35 the form establishes a combined government structure of a
6 1 county and one or more cities. Either option proposed shall
6 2 be referred to as a city=county consolidated form of
6 3 government. If more than fifty percent of the population of a
6 4 city resides within the affected county, it is a city within
6 5 the county for the purposes of this section and may continue
6 6 its status as a city within the county even if the population
6 7 of such city falls below the fifty percent threshold in a
6 8 future census.
6 9 2. An alternative form of government, including a charter
6 10 form, for a consolidated unit of government may be submitted
6 11 to the voters only by a commission established under this
6 12 chapter. A majority vote by the charter commission is
6 13 required for the submission to the electorate of an
6 14 alternative form of government for a consolidated unit of
6 15 local government proposed charter for a city=county
6 16 consolidated form of government. The charter commission
6 17 submitting a consolidated form shall issue a final report and
6 18 proposal.
6 19 3. An alternative form of government for a A city=county
6 20 consolidated unit of local government form of government does
6 21 not need to include more than one city. A city shall not be
6 22 included unless the city participates in the commission
6 23 process, and a majority of the electors of the affected city
6 24 voting approves the proposed charter for the consolidated
6 25 government.
6 26 4. If an alternative form of government for a consolidated
6 27 unit of local government is proposed, approval of the
6 28 consolidation charter shall be a separate ballot issue from
6 29 approval of the alternative form of government in those cities
6 30 proposed to be included in the consolidation. Adoption of the
6 31 consolidation charter requires the approval of a majority of
6 32 the votes cast in the entire county. A city named on the
6 33 ballot is included in the consolidation if the proposed
6 34 charter is approved by a majority of the votes cast in the
6 35 city. The consolidation charter shall be effective in regard
7 1 to a city government only if a majority of the voters of the
7 2 city voting on the question voted for participation in the
7 3 consolidation charter.
7 4 5. A city may request to join an existing city=county
7 5 consolidated government by resolution of the city council or
7 6 upon petition of eligible electors of the city equal in number
7 7 to at least twenty=five percent of the persons who voted at
7 8 the last general election for the office of governor or
7 9 president of the United States, whichever is fewer regular
7 10 city election. Within fifteen days after receiving a valid
7 11 petition, the city council of the petitioning city shall adopt
7 12 a resolution in favor of participation and shall immediately,
7 13 within ten days of adoption, forward the resolution to the
7 14 legislative governing body of the city=county consolidated
7 15 government. If a majority of the city=county consolidated
7 16 legislative governing body of the city=county consolidated
7 17 government approves the resolution, the question of joining
7 18 the city=county consolidated government shall be submitted to
7 19 the electorate of the petitioning city within sixty days after
7 20 approval of the resolution.
7 21 6. a. If a charter is adopted, it may be amended at any
7 22 time by one of the following methods:
7 23 (1) The governing body of the city=county consolidated
7 24 form of government, by resolution, may submit a proposed
7 25 amendment to the voters at a general election or at a special
7 26 election, and the proposed amendment becomes effective upon
7 27 approval by a majority of those voting.
7 28 (2) The governing body of the city=county consolidated
7 29 form of government, by ordinance, may amend the charter.
7 30 However, within thirty days following publication of the
7 31 ordinance, if a petition valid under the provisions of section
7 32 331.306 is filed with the governing body of the city=county
7 33 consolidated form of government, the governing body must
7 34 submit the charter amendment to the voters at a special
7 35 election and, in such an event, the amendment becomes
8 1 effective only upon approval of a majority of those voting
8 2 within the city=county consolidated area.
8 3 (3) If a petition valid under the provisions of section
8 4 331.306 filed with the governing body of the city=county
8 5 consolidated form of government, proposing an amendment to the
8 6 charter, the governing body must submit the proposed amendment
8 7 to the voters at a general election or at a special election
8 8 and, in such an event, the amendment becomes effective only
8 9 upon approval of a majority of those voting within the city=
8 10 county consolidated area.
8 11 b. If an election is held, the governing body shall submit
8 12 the question of amending the charter to the electors in
8 13 substantially the following form:
8 14 Should the amendment described below be adopted for the
8 15 city=county consolidated charter of (insert name of county and
8 16 of each consolidated city)?
8 17 The ballot must contain a brief description and summary of
8 18 the proposed amendment.
8 19 c. An amendment shall not adopt an alternative form of
8 20 county government but an amendment may allow the governing
8 21 body of a city=county consolidated form of government that has
8 22 a combined governance structure to adopt a city=county
8 23 consolidated form of government under which a county and one
8 24 or more cities within the county unite to form a single unit
8 25 of local government.
8 26 Sec. 11. Section 331.248, subsection 1, Code 2003, is
8 27 amended to read as follows:
8 28 1. The charter commission proposing consolidation a city=
8 29 county consolidated form of government shall prepare, adopt,
8 30 and submit cause to be submitted to the voters a consolidation
8 31 the charter including an alternative form of government.
8 32 Sec. 12. Section 331.248, subsection 2, Code 2003, is
8 33 amended to read as follows:
8 34 2. The consolidation charter for a city=county
8 35 consolidated form of government shall:
9 1 a. Provide for adjustment of existing bonded indebtedness
9 2 and other obligations in a manner which will provide for a
9 3 fair and equitable burden of taxation for debt service.
9 4 b. Provide for establishment of service areas, except that
9 5 formation of a city=county consolidation government
9 6 consolidated form of government shall not affect the
9 7 assignment of electric utility service territories pursuant to
9 8 chapter 476, and shall not affect the rights of a city to
9 9 grant a franchise under chapter 364.
9 10 c. Provide for the transfer or other disposition of
9 11 property and other rights, claims, assets, and franchises of
9 12 local governments the county and each city consolidated under
9 13 the alternative form.
9 14 d. Provide the official name of the city=county
9 15 consolidated unit of local government form of government.
9 16 e. Provide for the transfer, reorganization, abolition,
9 17 absorption, and adjustment of boundaries of all existing
9 18 boards, bureaus, commissions, agencies, special districts, and
9 19 political subdivisions of the city=county consolidated form of
9 20 government.
9 21 f. Include other provisions which the county charter
9 22 commission and the city charter commission elect to include
9 23 and which are not inconsistent with state law. Provide for
9 24 the exercise of home rule power and authority not inconsistent
9 25 with state law.
9 26 g. Provide for a governing body of an odd number of
9 27 members, not less than five, but which may exceed the number
9 28 of members specified in sections 331.201, 331.203, and
9 29 331.204. The titles of the members of the governing body
9 30 shall be determined by the charter.
9 31 h. Provide for a representation plan for the governing
9 32 body which representation plan may differ from the
9 33 representation plans provided in section 331.206 and in
9 34 chapter 372. If the plan calls for representation by
9 35 districts and the charter has been approved in a county whose
10 1 population is one hundred eighty thousand or more, the plan
10 2 shall be drawn pursuant to section 331.210A, subsection 2,
10 3 paragraph "f". The initial representation plan for such a
10 4 county shall be drawn as provided in section 331.210A,
10 5 subsection 2, paragraph "f", within ninety days after the
10 6 election at which the charter is approved. For the initial
10 7 representation plan, the charter commission shall assume the
10 8 role of the governing body for purposes of this paragraph and
10 9 section 331.210A, subsection 2, paragraphs "d" through "f".
10 10 i. Provide for the initial compensation for members of the
10 11 governing body and for a method of changing the compensation.
10 12 j. Notwithstanding section 331.238, subsection 3, provide
10 13 whether the election of its officers shall be on a partisan or
10 14 nonpartisan basis.
10 15 Sec. 13. Section 331.248, Code 2003, is amended by adding
10 16 the following new subsection:
10 17 NEW SUBSECTION. 4. The consolidation charter may include
10 18 other provisions which the commission elects to include and
10 19 which are not irreconcilable with state law. These provisions
10 20 may include but are not limited to the following:
10 21 a. Provide for a method of selecting officers of the
10 22 governing body and fixing their terms of office which may
10 23 differ from the requirements of sections 331.208 through
10 24 331.211 and the provisions of chapter 372.
10 25 b. Provide for meetings of the governing body and rules of
10 26 procedure which may differ from the requirements of section
10 27 331.213, except that the meetings shall be scheduled and
10 28 conducted in compliance with chapter 21.
10 29 c. Provide for combining the duties of elected officials
10 30 of the county, for eliminating elected offices and the
10 31 assumption of the duties of those offices by appointed
10 32 officials, and for adding to, deleting, or otherwise changing
10 33 the duties of officials, elected or otherwise, of the county
10 34 and each consolidated city.
10 35 d. Provide for the organization of city and county
11 1 departments, agencies, or boards. The organization plan may
11 2 provide for the abolition or consolidation of a department,
11 3 agency, board, or commission and the assumption of its powers
11 4 and duties by the governing body or by another department,
11 5 agency, board, or commission. This paragraph does not apply
11 6 to the board of trustees of a county hospital.
11 7 e. Provide for a method for the governing body or another
11 8 office to exercise the powers and duties of the township
11 9 trustees, in lieu of their election or appointment.
11 10 Sec. 14. Section 331.249, Code 2003, is amended to read as
11 11 follows:
11 12 331.249 EFFECT OF CONSOLIDATION.
11 13 1. a. The consolidation of one or more cities and one or
11 14 more counties shall create a unified government which includes
11 15 a municipal corporation and a county. A city=county
11 16 consolidated form of government under which a county and one
11 17 or more cities within the county unite to form a single unit
11 18 of local government shall create a unified government which
11 19 includes a municipal corporation and a county. The
11 20 consolidated unit shall have the separate status of a county
11 21 and a city for all purposes and shall constitute two political
11 22 subdivisions, a consolidated city and a county, under combined
11 23 governance. The consolidated unit shall retain one separate
11 24 constitutional debt limitation with respect to its status as a
11 25 city and a separate constitutional debt limitation with
11 26 respect to its status as a county.
11 27 b. The governing body of a city=county consolidated form
11 28 of government under which a county and one or more cities
11 29 within the county form a combined governance structure shall
11 30 have, with respect to the county, the power and authority of
11 31 the board of supervisors of a county, and, with respect to
11 32 each city, the power and authority of the city council of a
11 33 city. Each consolidated city and the county constitute
11 34 separate political subdivisions. Each consolidated city and
11 35 the county shall retain a separate constitutional debt
12 1 limitation and shall each have the authority to issue bonds
12 2 and incur financial obligations in accordance with the
12 3 provisions of state law applicable to a city or a county,
12 4 respectively.
12 5 2. A The city=county consolidated unit of local government
12 6 form of government may include an area which is located in
12 7 another county, but which is within the corporate boundaries
12 8 of one of the consolidated cities. County services shall may
12 9 be provided in the extra=county area and taxes to fund those
12 10 services shall may be collected in the extra=county area by
12 11 the consolidated government, to the extent permitted by the
12 12 Constitution of the State of Iowa. In addition to the right
12 13 to vote in the county of residence, electors residing in the
12 14 extra=county area shall have the right to vote on any matter
12 15 related to the city=county consolidated unit of local form of
12 16 government, including election of its officials governing
12 17 body.
12 18 If a city=county consolidation charter is proposed, within
12 19 ninety days following the final report of the commission, a
12 20 resident or property owner of the commission area proposed to
12 21 be consolidated may bring an action in district court for
12 22 declaratory judgment to determine the legality of the proposed
12 23 charter and to otherwise declare the effect of the charter.
12 24 The court shall expedite its review and determination in this
12 25 matter. The referendum on the proposed charter shall be
12 26 stayed during pendency of the action and for such additional
12 27 time during which the proposed charter or its enabling
12 28 legislation does not conform to the Constitution or laws of
12 29 the State of Iowa. If in its final judgment the court
12 30 determines that the proposed charter fails to conform to the
12 31 Constitution or laws of this state, the commission shall have
12 32 a period of six months in which to revise and resubmit the
12 33 proposed charter.
12 34 3. All provisions of law authorizing contributions of any
12 35 kind, in money or otherwise, from the state or federal
13 1 government to counties and cities shall remain in full force
13 2 with respect to each city and the county comprising a city=
13 3 county consolidated local form of government.
13 4 4. The adoption of the city=county consolidated form of
13 5 government does not alter any right or liability of the county
13 6 or consolidated city in effect at the time of the election at
13 7 which the charter was adopted.
13 8 5. All departments and agencies of the county and of each
13 9 consolidated city shall continue to operate until their
13 10 authority to operate is superseded by action of the governing
13 11 body.
13 12 6. Upon the effective date of the adopted charter, the
13 13 county shall adopt the city=county consolidated form of
13 14 government by ordinance, and shall file a copy with the
13 15 secretary of state and maintain available copies for public
13 16 inspection.
13 17 7. Members of the governing body of the county and of each
13 18 consolidated city shall continue in office until the members
13 19 of the governing body of the city=county consolidated form of
13 20 government have been elected and sworn into office, at which
13 21 time the offices of the former governing bodies shall be
13 22 abolished, and the terms of the members of the former
13 23 governing bodies shall be terminated. During the period
13 24 between the effective date of the charter and the election and
13 25 qualification of the elected members of the new governing
13 26 body, the former governing bodies of each consolidated city
13 27 and of the county shall continue to perform their duties and
13 28 shall assist in planning the transition to the city=county
13 29 consolidated form of government.
13 30 8. If a city=county consolidation charter is submitted to
13 31 the electorate but is not adopted, another charter shall not
13 32 be submitted to the electorate for at least two years from the
13 33 date of the election at which the charter was rejected. If a
13 34 city=county consolidation charter is adopted, a proposed
13 35 charter for another alternative form of county government
14 1 shall not be submitted to the electorate for at least six
14 2 years from the date of the election at which the charter was
14 3 adopted.
14 4 Sec. 15. Section 331.250, Code 2003, is amended to read as
14 5 follows:
14 6 331.250 GENERAL POWERS OF CONSOLIDATED LOCAL GOVERNMENTS.
14 7 The consolidation charter shall provide for the delivery of
14 8 services to specified areas of the consolidated local
14 9 government county and of each consolidated city. The
14 10 governing body of the consolidated government shall administer
14 11 supervise the administration of the provision of services in
14 12 each of the designated service areas and shall have the
14 13 authority to determine the boundaries of the service areas.
14 14 For each service provided by the consolidated government, the
14 15 consolidated government shall assume the same statutory
14 16 rights, powers, and duties relating to the provision of the
14 17 service as if the county or the member city were itself
14 18 providing the service to its citizens.
14 19 Sec. 16. Section 331.251, Code 2003, is amended to read as
14 20 follows:
14 21 331.251 RULES, ORDINANCES, AND RESOLUTIONS OF CONSOLIDATED
14 22 UNIT GOVERNMENT.
14 23 Within two years after ratification of the consolidation,
14 24 the governing body of the consolidated unit of local
14 25 government shall revise, repeal, or reaffirm all rules,
14 26 ordinances, and resolutions in force within the participating
14 27 county and cities at the time of consolidation. Each rule,
14 28 ordinance, or resolution in force within a county or within a
14 29 city at the time of consolidation shall remain in force within
14 30 the former geographic jurisdiction that county or within that
14 31 city until superseded by action of the new governing body,
14 32 unless the rule, ordinance, or resolution is in conflict with
14 33 a provision of the charter, in which case, the charter
14 34 provision shall supersede the conflicting rule, ordinance, or
14 35 resolution. Ordinances and resolutions relating to public
15 1 improvements to be paid for in whole or in part by special
15 2 assessments shall remain in effect until paid in full.
15 3 Sec. 17. Section 331.252, Code 2003, is amended to read as
15 4 follows:
15 5 331.252 FORM OF BALLOT == CITY=COUNTY CONSOLIDATION.
15 6 The question of city=county consolidation shall be
15 7 submitted to the electors in substantially the following form:
15 8 Should the corporate existence and governments of the
15 9 county of ...... and the cities of ...... and ...... be
15 10 consolidated into one joint city=county corporation government
15 11 charter described below be adopted for (insert name of county
15 12 and each city proposing to consolidate)?
15 13 If section 331.247, subsection 4, applies, the following
15 14 question shall be placed on the ballot of each participating
15 15 city:
15 16 Should the (name of city or second county) participate in
15 17 the consolidation charter?
15 18 The ballot must contain a brief description and summary of
15 19 the proposed charter or amendment.
15 20 Sec. 18. Section 331.254, subsection 7, Code 2003, is
15 21 amended to read as follows:
15 22 7. The merger of the elective offices of each
15 23 consolidating county with the election of new officers within
15 24 sixty days after the effective date of the charter which shall
15 25 specifically provide whether the election of new officers
15 26 shall be on a partisan or nonpartisan basis, notwithstanding
15 27 section 331.238, subsection 3. The elections shall be
15 28 conducted by the county commissioner of elections of each
15 29 county. No primary election shall be held. Nominations shall
15 30 be made pursuant to section 43.78 and chapters 44 and 45, as
15 31 applicable, except that the filing deadline shall be forty
15 32 days before the election.
15 33 Sec. 19. Section 331.260, subsection 2, Code 2003, is
15 34 amended to read as follows:
15 35 2. A charter proposing a community commonwealth as an
16 1 alternative form of government may be submitted to the voters
16 2 only by a commission established under section 331.232. A
16 3 majority vote by the commission is required for the submission
16 4 of a charter proposing a community commonwealth as an
16 5 alternative form of local government. The commission
16 6 submitting a community commonwealth form of government shall
16 7 issue a final report and proposal. If an alternative form of
16 8 government for a community commonwealth form of local
16 9 government is proposed, approval of the commonwealth charter
16 10 shall be a separate ballot issue from approval of the
16 11 alternative form of government in those cities proposed to be
16 12 included in the commonwealth. The commonwealth charter shall
16 13 be effective in regard to a city government only if a majority
16 14 of the voters of the city voting on the question voted for
16 15 participation in the commonwealth charter. Adoption of the
16 16 proposed community commonwealth charter requires the approval
16 17 of a majority of the votes cast in the entire county. A city
16 18 named on the ballot is included in the community commonwealth
16 19 if the proposed community commonwealth charter is approved by
16 20 a majority of the votes cast in the city.
16 21 The question of forming a community commonwealth shall be
16 22 submitted to the electorate in substantially the same form
16 23 manner as provided in section 331.247, subsection 4, and
16 24 section 331.252.
16 25 Sec. 20. Section 331.261, subsection 2, Code 2003, is
16 26 amended to read as follows:
16 27 2. An elective legislative body established in the manner
16 28 provided for county boards of supervisors under sections
16 29 331.201 through 331.216 and section 331.238 331.248,
16 30 subsection 2.
16 31 Sec. 21. Section 331.261, unnumbered paragraph 2, Code
16 32 2003, is amended to read as follows:
16 33 The community commonwealth charter may include other
16 34 provisions which the commission elects to include and which
16 35 are not inconsistent irreconcilable with state law, including,
17 1 but not limited to, those provisions in section 331.248,
17 2 subsection 4.
17 3 Sec. 22. Section 331.261, subsection 11, Code 2003, is
17 4 amended to read as follows:
17 5 11. The partisan Notwithstanding section 331.238,
17 6 subsection 3, whether the election of community commonwealth
17 7 government officials shall be on a partisan or nonpartisan
17 8 basis.
17 9 Sec. 23. Section 331.262, Code 2003, is amended by adding
17 10 the following new subsections:
17 11 NEW SUBSECTION. 1A. The adoption of the community
17 12 commonwealth form of government does not alter any right or
17 13 liability of the county or member city in effect at the time
17 14 of the election at which the charter was adopted.
17 15 NEW SUBSECTION. 1B. All departments and agencies of the
17 16 county and of each member city shall continue to operate until
17 17 their authority to operate is superseded by action of the
17 18 governing body.
17 19 NEW SUBSECTION. 1C. All ordinances or resolutions in
17 20 effect remain effective until amended or repealed, unless they
17 21 are irreconcilable with the adopted charter.
17 22 NEW SUBSECTION. 1D. Upon the effective date of the
17 23 adopted charter, the county shall adopt the community
17 24 commonwealth form of government by ordinance, and shall file a
17 25 copy with the secretary of state and maintain available copies
17 26 for public inspection.
17 27 NEW SUBSECTION. 1E. Members of the governing body of the
17 28 county and of each member city shall continue in office until
17 29 the members of the governing body of the community
17 30 commonwealth form of government have been elected and sworn
17 31 into office, at which time the offices of the former governing
17 32 bodies shall be abolished, and the terms of the members of the
17 33 former governing bodies shall be terminated. During the
17 34 period between the effective date of the charter and the
17 35 election and qualification of the elected members of the new
18 1 governing body, the former governing bodies of each member
18 2 city and of the county shall continue to perform their duties
18 3 and shall assist in planning the transition to the community
18 4 commonwealth form of government.
18 5 NEW SUBSECTION. 1F. If a community commonwealth charter
18 6 is submitted to the electorate but is not adopted, another
18 7 charter shall not be submitted to the electorate for at least
18 8 two years from the date of the election at which the charter
18 9 was rejected. If a community commonwealth charter is adopted,
18 10 a proposed charter for another alternative form of county
18 11 government shall not be submitted to the electorate for at
18 12 least six years from the date of the election at which the
18 13 charter was adopted.
18 14 Sec. 24. NEW SECTION. 331.264 LOCAL GOVERNMENT
18 15 ORGANIZATION REVIEW COMMITTEE.
18 16 1. A local government organization review committee may be
18 17 created in a county. The committee shall be composed of the
18 18 following members:
18 19 a. Three city council members chosen by the city council
18 20 of each participating city with a population of twenty=five
18 21 thousand or more.
18 22 b. Three county supervisors chosen by the county board of
18 23 supervisors.
18 24 c. One city council member appointed by each participating
18 25 city with a population of less than twenty=five thousand.
18 26 d. One member shall be appointed by each state legislator
18 27 whose legislative district is located in the county if a
18 28 majority of the constituents of that legislative district
18 29 reside in the county. However, if a county does not have a
18 30 state representative's legislative district which has a
18 31 majority of a state representative's constituency residing in
18 32 the county, the state representative having the largest
18 33 plurality of constituents residing in the county shall appoint
18 34 a member. The member appointed by each state legislator shall
18 35 be a person who is not holding elected office and who is a
19 1 resident of the legislative district of the state legislator.
19 2 Organization and expenses of the committee are subject to
19 3 section 331.234 as if the committee were a city=county
19 4 consolidation or community commonwealth commission. Sections
19 5 69.16 and 69.16A shall not apply to the committee. However, a
19 6 city allowed more than one appointment shall balance its
19 7 appointments in accordance with sections 69.16 and 69.16A,
19 8 when possible.
19 9 2. Members shall be appointed to the organization review
19 10 committee within thirty days after any of the following
19 11 occurs:
19 12 a. The county board of supervisors and each city council
19 13 in the county adopt a joint resolution calling for appointment
19 14 of members to the committee and files the resolution with the
19 15 county board of supervisors.
19 16 b. The county board of supervisors in a county adopts a
19 17 resolution calling for appointment of members to the
19 18 committee.
19 19 c. A petition signed by eligible electors of the county
19 20 equal in number to at least twenty=five percent of the votes
19 21 cast in the county for the office of president of the United
19 22 States or governor at the preceding general election or the
19 23 signatures of at least ten thousand eligible electors of the
19 24 county, whichever number is fewer, is filed with the county
19 25 board of supervisors.
19 26 3. Within seven months after the organization of the
19 27 organization review committee, the committee shall submit a
19 28 preliminary report to the county board of supervisors with a
19 29 recommendation as to what the committee believes to be the
19 30 best proposal for an alternative form of government for the
19 31 county. The auditor's office shall make the report available
19 32 to the public upon request. A summary of the report shall be
19 33 published in the official newspapers of the county and in a
19 34 newspaper of general circulation in each participating city.
19 35 4. If the committee report recommends a city=county
20 1 consolidation or community commonwealth, the committee shall
20 2 continue its existence and be designated, and operate with the
20 3 powers and duties of, a commission created pursuant to section
20 4 331.233A. If the committee report recommends a multicounty
20 5 consolidation, the committee shall continue its existence and
20 6 be designated, and operate with the powers and duties of, a
20 7 commission created pursuant to section 331.233. If the
20 8 committee recommends an alternative form of government, that
20 9 recommendation shall state whether elections conducted under
20 10 that form of government shall be partisan or nonpartisan.
20 11 5. This section does not apply to a county in which a
20 12 charter commission has been established and is operating as of
20 13 July 1, 2003.
20 14 Sec. 25. Section 372.1, Code 2003, is amended by adding
20 15 the following new subsections:
20 16 NEW SUBSECTION. 7. City=county consolidated form as
20 17 provided in sections 331.247 through 331.252.
20 18 NEW SUBSECTION. 8. Community commonwealth as provided in
20 19 sections 331.260 through 331.263.
20 20 Sec. 26. Section 372.2, unnumbered paragraph 1, Code 2003,
20 21 is amended to read as follows:
20 22 A Unless otherwise provided by law, a city may adopt a
20 23 different form of government not more often than once in a
20 24 six=year period. A different form, other than a home rule
20 25 charter, or special charter, city=county consolidated form of
20 26 government, or community commonwealth must be adopted as
20 27 follows:
20 28 Sec. 27. IMPLEMENTATION OF ACT. Section 25B.2, subsection
20 29 3, shall not apply to this Act.
20 30 Sec. 28. EFFECTIVE AND APPLICABILITY DATES. This Act,
20 31 being deemed of immediate importance, takes effect upon
20 32 enactment and applies to charter commissions in existence on
20 33 the effective date of this Act.
20 34 EXPLANATION
20 35 This bill makes technical and substantive changes to the
21 1 law relating to alternative forms of county government and to
21 2 certain alternative forms of city government and allows
21 3 formation of local government organization review committees.
21 4 The bill provides that a consolidation commission formed by
21 5 any means that recommends a form of government other than the
21 6 existing form is to include in its final report a statement
21 7 whether the elected officers shall be elected on a partisan or
21 8 nonpartisan basis. The bill further provides that if a
21 9 commission recommends no change to the existing form of
21 10 government, the final report shall state the reasons for and
21 11 against a change in the existing form of government. The bill
21 12 requires that a summary of a commission's final report is to
21 13 be published in a newspaper of general circulation in each
21 14 participating city, in addition to the official newspapers of
21 15 the participating county.
21 16 The bill also provides that if a charter proposing a city=
21 17 county consolidated form or a community commonwealth form is
21 18 adopted, the charter commission is dissolved on the date on
21 19 which the terms of office of the members of the governing body
21 20 commence.
21 21 The bill also allows a proposed charter for county
21 22 government to be submitted to the voters at a special election
21 23 called for that purpose in addition to at the general
21 24 election.
21 25 The bill provides that the general Code provisions relating
21 26 to the election on a proposed charter for an alternative form
21 27 of county government and the effect of adoption of the
21 28 proposed charter by the electorate do not apply to city=county
21 29 consolidations or to community commonwealths. The bill enacts
21 30 similar provisions relating to the effect of adoption of the
21 31 charter in those sections of the Code that relate specifically
21 32 to city=county consolidations and to community commonwealths.
21 33 The bill also provides that the general Code provisions
21 34 relating to limitations on the alternative forms of county
21 35 government do not apply to city=county consolidations or to
22 1 community commonwealths. The bill enacts provisions similar
22 2 to the limitations provisions in those sections of the Code
22 3 that relate specifically to city=county consolidations and to
22 4 community commonwealths.
22 5 The bill provides that a city=county consolidation charter
22 6 may provide for the merger of a county and participating
22 7 cities into a single unit of local government which includes a
22 8 municipal corporation and a county or may provide for a
22 9 combined government structure of a county and one or more
22 10 participating cities, each of which would remain separate
22 11 political subdivisions. Either form would allow the county
22 12 and participating cities to retain a separate debt limitation
22 13 for purposes of the limitation imposed by the state
22 14 constitution.
22 15 Current law provides that if more than 50 percent of a
22 16 city's population resides in a county creating a city=county
22 17 consolidation charter commission, the city will be included on
22 18 the commission. The bill provides for such a city's inclusion
22 19 even if the population of the city falls below the 50 percent
22 20 threshold at a later date.
22 21 The bill provides that a petition to join a city=county
22 22 consolidated government requires signatures in an amount equal
22 23 to 25 percent of the persons voting at the last regular city
22 24 election, rather than at the general election. After
22 25 receiving a petition calling for participation, the city
22 26 council must adopt a resolution and forward it to the city=
22 27 county consolidated governing body within 10 days of adoption,
22 28 rather than immediately.
22 29 The bill provides for amendment of a city=county
22 30 consolidation charter by resolution of the governing body and
22 31 approval of the electorate, or by ordinance of the governing
22 32 body which ordinance may be petitioned for approval by
22 33 referendum, or by petition and election. For all other types
22 34 of alternative forms, current Code provides that an amendment
22 35 to county government organization may be made by submitting
23 1 the question at election by resolution of the governing body
23 2 or by petition.
23 3 The bill provides that a city=county consolidation charter
23 4 shall provide for a governing body of not less than five
23 5 members and for the initial compensation for the members and
23 6 for a method of changing the compensation. The bill also
23 7 provides that the charter shall provide for a representation
23 8 plan for the governing body which may differ from the
23 9 representation plans in current Code for counties and cities.
23 10 The bill further provides that if a county has adopted a
23 11 charter for city=county consolidation form or community
23 12 commonwealth form that provides for representation by
23 13 districts and the county's population exceeds 180,000, the
23 14 county's initial plan for districts, and its first plan for
23 15 districts after each federal decennial census, shall be drawn
23 16 by the legislative service bureau. The temporary county
23 17 redistricting commission is to review the plan and may request
23 18 that a second plan be prepared by the legislative service
23 19 bureau. If the plan drawn by the legislative service bureau
23 20 and submitted by the temporary county redistricting commission
23 21 is rejected by the governing body, the governing body shall
23 22 direct the temporary county redistricting commission to
23 23 prepare another plan as provided by current law.
23 24 The bill provides that the governing body of a city=county
23 25 consolidated government shall supervise the administration of
23 26 services in designated service areas.
23 27 The bill strikes language relating to city=county
23 28 consolidation that required the governing body, within two
23 29 years of ratification of the charter, to revise, repeal, or
23 30 reaffirm all rules, ordinances, and resolution in force at the
23 31 time of consolidation and instead provides that each rule,
23 32 ordinance, and resolution shall remain in force unless
23 33 superseded by action of the governing body or superseded by a
23 34 charter provision.
23 35 The bill also provides that when a charter for city=county
24 1 consolidation is challenged in district court, the court is to
24 2 expedite its review and determination on the challenge.
24 3 The bill amends the form of the ballot to present only one
24 4 question on adoption of the city=county consolidation
24 5 government and its charter. The bill provides that these
24 6 provisions also apply to community commonwealth proposed
24 7 charters.
24 8 The bill provides that a city=county consolidation charter,
24 9 a multicounty consolidation charter, or a community
24 10 commonwealth charter may provide for the election of its
24 11 officers on a partisan or nonpartisan basis.
24 12 The bill provides that if a city=county consolidation
24 13 charter or a community commonwealth charter is rejected by the
24 14 electorate, another charter shall not be submitted to the
24 15 electorate for at least two years after the election at which
24 16 the charter was rejected. If a charter for either form of
24 17 government is adopted, a proposed charter for another
24 18 alternative form of government shall not be submitted to the
24 19 electorate for at least six years from the date of the
24 20 election at which the charter was adopted.
24 21 The bill adds city=county consolidation and community
24 22 commonwealth as a form of city government listed in the city
24 23 part of the Code. Because the procedure for adopting these
24 24 types of city=county governments are already in the county
24 25 chapter of the Code, the bill removes them from the
24 26 requirements of changing the form of government in the city
24 27 part of the Code.
24 28 The bill allows establishment of a local government
24 29 organization review committee in a county to study whether a
24 30 charter of consolidation should be presented to the voters.
24 31 Members shall be appointed within 30 days of a resolution
24 32 being adopted by the county board of supervisors or city
24 33 councils or within 30 days of a petition signed by eligible
24 34 electors being filed with the county.
24 35 Within seven months of organizing, the committee is to
25 1 submit a preliminary report to the county board of supervisors
25 2 on what alternative form of government it recommends. The
25 3 report is to be published in the official newspapers of the
25 4 county and in a newspaper of general circulation in each city.
25 5 If the committee recommends city=county consolidation,
25 6 multicounty consolidation, or a community commonwealth, the
25 7 committee shall become the commission that will draft the
25 8 proposal in lieu of the commission member requirements
25 9 currently in statute. The requirement to establish a
25 10 consolidation committee does not apply to a county in which a
25 11 charter commission has been established and is operating as of
25 12 July 1, 2003.
25 13 The bill provides that a commission created from a local
25 14 government organization review committee shall hold a public
25 15 hearing 30 days after submission of its preliminary report to
25 16 the county board of supervisors. A commission created from a
25 17 local government organization review committee is not subject
25 18 to the requirement that a preliminary report be submitted to
25 19 the county board of supervisors within nine months after
25 20 organization of the commission. The bill provides that a
25 21 commission created from a local government organization review
25 22 committee shall submit a final report to the county board of
25 23 supervisors within five months after submission of the
25 24 government organization review committee's preliminary report
25 25 to the board. Such a commission may, on its own motion,
25 26 extend that deadline by 60 days.
25 27 The bill may include a state mandate as defined in Code
25 28 section 25B.3. However, the bill makes inapplicable Code
25 29 section 25B.2, subsection 3, which would relieve a political
25 30 subdivision from complying with a state mandate if funding for
25 31 the cost of the state mandate is not provided or specified.
25 32 Therefore, political subdivisions are required to comply with
25 33 any state mandate included in the bill.
25 34 The bill takes effect upon enactment and applies to charter
25 35 commissions in existence on the effective date of the bill.
26 1 LSB 1725HV 80
26 2 sc/sh/8