S.F. 2039 Section 1. Section 400.1, subsection 2, Code Supplement 1 2009, is amended to read as follows: 2 2. For the purpose of determining the population of a city 3 under this chapter, the most recent decennial federal census 4 conducted in 1980 shall be used. However, if a city had a 5 population of eight thousand or more according to any decennial 6 federal census conducted during or after 1980, the most recent 7 decennial federal census in which the city’s population was 8 eight thousand or more shall be used for determining the 9 population of the city for any purpose under this chapter. 10 Sec. 2. IMPLEMENTATION OF ACT. Section 25B.2, subsection 11 3, shall not apply to this Act. 12 EXPLANATION 13 Code section 400.1 currently requires a city having a 14 population of 8,000 or more according to the federal census 15 conducted in 1980 and having a paid fire department or a paid 16 police department, to appoint a civil service commission. Code 17 chapter 400 also establishes several other powers and duties of 18 cities based on population as determined by the federal census 19 conducted in 1980. 20 This bill requires the most recent decennial federal census 21 to be used in determining the population of a city. The bill, 22 however, provides that if a city had a population of 8,000 or 23 more according to any decennial federal census conducted during 24 or after 1980, the most recent decennial federal census in 25 which the city’s population was 8,000 or more shall be used for 26 determining the population of the city for any purpose under 27 Code chapter 400. 28 The bill may include a state mandate as defined in Code 29 section 25B.3. The bill makes inapplicable Code section 25B.2, 30 subsection 3, which would relieve a political subdivision from 31 complying with a state mandate if funding for the cost of 32 the state mandate is not provided or specified. Therefore, 33 political subdivisions are required to comply with any state 34 mandate included in the bill. 35 -1- LSB 5539XS (3) 83 md/rj 1/ 1