Senate File 28 - Introduced





                                       SENATE FILE       
                                       BY  SCHOENJAHN

                                       (COMPANION TO LSB 1168HH
                                        BY FICKEN)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the ballot proposition for approving issuance
  2    of county general obligation bonds and including effective
  3    date, validation, and retroactive applicability provisions.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1168SS 83
  6 sc/rj/14

PAG LIN



  1  1    Section 1.  Section 331.442, subsection 2, Code 2009, is
  1  2 amended to read as follows:
  1  3    2.  Before the board may institute proceedings for the
  1  4 issuance of bonds for a general county purpose, it shall call
  1  5 a county special election to vote upon the question of issuing
  1  6 the bonds.  At the election the proposition shall be submitted
  1  7 in the following form:
  1  8    Shall the county of ....., state of Iowa, be authorized
  1  9 to ....... (state purpose of project) at a total cost not
  1 10 exceeding $... and issue its general obligation bonds in an
  1 11 amount not exceeding the amount of $... for that the purpose
  1 12 of ............?
  1 13    Sec. 2.  Section 331.447, subsection 1, paragraph b, Code
  1 14 2009, is amended to read as follows:
  1 15    b.  The amount estimated and certified to apply on
  1 16 principal and interest for any one year may only exceed the
  1 17 statutory rate of levy limit, if any, by the amount that the
  1 18 registered voters of the county have approved at a special
  1 19 election, which may be held at the same time as the general
  1 20 election and may be included in the proposition authorizing
  1 21 the issuance of bonds, if an election on the proposition is
  1 22 necessary, or may be submitted as a separate proposition at
  1 23 the same election or at a different election.  Notice of the
  1 24 election shall be given as specified in section 331.305.  If
  1 25 the proposition includes issuing bonds and increasing the levy
  1 26 limit, it shall be in substantially the following form:
  1 27    Shall the county of ....., state of Iowa, be authorized
  1 28 to .......... (here state purpose of project) at a total cost
  1 29 not exceeding $.... and issue its general obligation bonds
  1 30 in an amount not exceeding the amount of $.... for that
  1 31 purpose, and be authorized to levy annually a tax not
  1 32 exceeding ... dollars and ... cents per thousand dollars of
  1 33 the assessed value of the taxable property within the county
  1 34 to pay the principal of and interest on the bonds?
  1 35    If the proposition includes only increasing the levy limit
  2  1 it shall be in substantially the following form:
  2  2    Shall the county of ....., state of Iowa, be authorized to
  2  3 levy annually a tax not exceeding ...  dollars and ... cents
  2  4 per thousand dollars of the assessed value of the taxable
  2  5 property within the county to pay principal and interest
  2  6 on the bonded indebtedness of the county for the purpose
  2  7 of ..........?
  2  8    Sec. 3.  VALIDATION AND RETROACTIVE APPLICABILITY == BOARD
  2  9 RESOLUTION.
  2 10    1.  If, on the effective date of this Act, the cost of a
  2 11 project authorized by ballot proposition that approved the
  2 12 issuance of county general obligation bonds at an election
  2 13 held prior to the effective date of this Act does not exceed
  2 14 one hundred ten percent of the project cost stated on the
  2 15 ballot proposition, the bond issuance amount and tax levy
  2 16 authorization as stated on the ballot and the increased cost
  2 17 of the project are hereby legalized and validated and, to that
  2 18 extent, this Act applies retroactively to the date of the
  2 19 election.
  2 20    2.  The board of supervisors of a county may proceed with a
  2 21 project under subsection 1 only after adoption of a resolution
  2 22 stating the project's compliance with the conditions of
  2 23 subsection 1 and the board's intention to proceed with the
  2 24 project.
  2 25    Sec. 4.  EFFECTIVE DATE.  This Act, being deemed of
  2 26 immediate importance, takes effect upon enactment.
  2 27                           EXPLANATION
  2 28    This bill modifies the ballot proposition language relating
  2 29 to issuance of county general obligation bonds to remove the
  2 30 requirement that the total cost of the project be stated on
  2 31 the ballot, in addition to the amount of the bond issuance for
  2 32 which approval is being sought at election.
  2 33    The bill legalizes and validates the issuance of general
  2 34 obligation bonds approved at an election held prior to the
  2 35 effective date of the bill, with respect to the amount of the
  3  1 bond issuance stated on the ballot proposition, if the project
  3  2 cost on the effective date of the bill does not exceed 110
  3  3 percent of the project cost stated on the ballot proposition,
  3  4 and, to that extent, the bill applies retroactively to the
  3  5 date of the election.  A county board of supervisors is
  3  6 required to adopt a resolution stating project compliance and
  3  7 its intention to proceed with the project.
  3  8    The bill takes effect upon enactment.
  3  9 LSB 1168SS 83
  3 10 sc/rj/14