House Study Bill 155 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON LOCAL GOVERNMENT BILL BY CHAIRPERSON WAGNER) A BILL FOR An Act providing for the assumption by certain cities of county 1 powers and authority, establishing an advisory committee, 2 and including effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1029YC (2) 84 md/sc
H.F. _____ Section 1. NEW SECTION . 364.2A Exclusive city authority. 1 1. A city with a population of thirty thousand or more 2 may, by ordinance, assume and exercise within the boundaries 3 of the city the exclusive authority and duties of the county 4 or counties in which the city is located, including but not 5 limited to the taxing authority of the county within the city. 6 2. If a city adopts an ordinance under subsection 1, 7 the city shall receive all revenues that would otherwise be 8 received by the county within the the city. 9 Sec. 2. CITY AUTHORITY ADVISORY COMMITTEE ESTABLISHED. 10 1. A city authority advisory committee is established to 11 consider all issues relating to the implementation of exclusive 12 city power within the city’s boundaries, including but not 13 limited to all of the following: 14 a. The process and procedures needed to transfer authority 15 from the county to the city. 16 b. The administration of tax levies and revenue. 17 c. The emergency management operations. 18 d. Execution of criminal laws. 19 e. The transfer of county offices to the city. 20 2. The committee shall also consider any issues relating 21 to the provisions of Article III, sections 30 and 39A, and 22 Article XI, section 2, of the Constitution of the State of Iowa 23 concerning county boundaries, county home rule, and county 24 creation and reduction in size. 25 3. The committee shall also consider all issues relating 26 to statutory authorization for a city to transfer authority 27 currently held by the county where the city is located to a 28 neighboring county. 29 4. The committee shall be comprised of one representative 30 appointed by the Iowa league of cities, one representative 31 appointed by the Iowa state association of counties, and the 32 director of the department of management or the director’s 33 designee. The members of the committee shall not receive 34 compensation by reason of their membership on the committee. 35 -1- LSB 1029YC (2) 84 md/sc 1/ 3
H.F. _____ The committee shall recommend to the general assembly, for the 1 general assembly’s consideration and approval, any amendments 2 to the Constitution of the State of Iowa or to the Code 3 necessary or beneficial to the implementation of section 1 4 of this Act. The committee shall also make recommendations 5 to the general assembly relating to the topics described 6 in subsections 2 and 3. The committee shall make such 7 recommendations to the general assembly on or before November 8 1, 2013. 9 Sec. 3. EFFECTIVE DATE. The section of this Act enacting 10 section 364.2A takes effect July 1, 2014. 11 EXPLANATION 12 This bill enacts new Code section 364.2A, which provides 13 that certain cities may assume county powers and authority 14 within the cities’ boundaries and receive all revenues due 15 for assuming such county powers and authority. Additional 16 amendments to the Constitution of the State of Iowa or to the 17 Code of Iowa may be necessary to fully implement this provision 18 of the bill. 19 The bill provides for the establishment of a city authority 20 advisory committee to consider all issues relating to the 21 implementation of new Code section 364.2A. The committee is 22 comprised of one representative appointed by the Iowa league 23 of cities, one representative appointed by the Iowa state 24 association of counties, and the director of the department 25 of management or the director’s designee. Committee members 26 shall not receive compensation by reason of their membership 27 on the committee. The committee is required to recommend to 28 the general assembly any amendments to the Constitution of the 29 State of Iowa or to the Code necessary or beneficial to the 30 implementation of new Code section 364.2A. 31 The committee is required to consider and make 32 recommendations on any issues relating to the provisions of 33 Article III, sections 30 and 39A, and Article XI, section 2, 34 of the Constitution of the State of Iowa concerning county 35 -2- LSB 1029YC (2) 84 md/sc 2/ 3
H.F. _____ boundaries, county home rule, and county creation and reduction 1 in size. The committee is also required to consider and 2 make recommendations on all issues relating to statutory 3 authorization for a city to transfer authority currently held 4 by the county where the city is located to a neighboring 5 county. 6 The committee is required to make such recommendations to 7 the general assembly on or before November 1, 2013. 8 The section of the bill enacting Code section 364.2A takes 9 effect July 1, 2014. 10 -3- LSB 1029YC (2) 84 md/sc 3/ 3