HF 642 (LSB 1083HZ (1) 85)

HOUSE FILE 642

BY  COMMITTEE ON WAYS AND MEANS

(SUCCESSOR TO HF 481)
(SUCCESSOR TO HF 5)

A BILL FOR

An Act requiring the county commissioner of elections to provide notice following receipt of a motion adopted by a local government requesting a ballot proposition concerning the imposition of the local sales and services tax.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 423B.1, subsection 4, paragraph b, Code 2013, is amended to read as follows:
   b.  The question of the imposition of a local sales and services tax shall be submitted to the registered voters of the incorporated and unincorporated areas of the county upon receipt by the county commissioner of elections of the motion or motions, requesting such submission, adopted by the governing body or bodies of the city or cities located within the county or of the county, for the unincorporated areas of the county, representing at least one half of the population of the county. Upon adoption of such motion, the governing body of the city or
 
of the county, for the unincorporated areas, shall submit the motion to the county commissioner of elections and in the case of the governing body of the city shall notify the board of supervisors of the adoption of the motion.

Within fifteen days of receiving such a motion submitted by a city located within the county or by the county for the unincorporated areas of the county, the county commissioner of elections shall send written notice to all other cities located in whole or in part within the county and to the board of supervisors if the motion is submitted by a city. The notice shall name the city that submitted the motion or the county that submitted the motion for the unincorporated areas of the county, the date the motion was adopted by the governing body of the city or county, the population of the city or unincorporated areas represented by the governing body that submitted the motion, the names of all other jurisdictions from which the commissioner of elections holds valid motions, the populations of such other jurisdictions, the total population of the county, and a description of the approval procedures and population requirements for submission of the question to the registered voters of the county. The county commissioner of elections shall keep a file on all the motions received and, upon reaching the population requirements, shall publish notice of the ballot proposition concerning the imposition of the local sales and services tax. A motion ceases to be valid at the time of the holding of the regular election for the election of members of the governing body which adopted the motion. The county commissioner of elections shall eliminate from the file any motion that ceases to be valid. The manner provided under this paragraph for the submission of the question of imposition of a local sales and services tax is an alternative to the manner provided in paragraph “a”.
EXPLANATION
   Code section 423B.1 governs the procedures for approval and imposition of a local option sales and services tax. The question of the imposition of a local sales and services tax is to be submitted to the registered voters of the incorporated and unincorporated areas of the county upon receipt by the county commissioner of elections of the motion or motions, requesting such submission, adopted by the governing body or bodies of the city or cities located within the county or of the county for the unincorporated areas of the county, representing at least one-half of the population of the county.
   When a motion is adopted by the governing body of the city or by the board of supervisors of the county for the unincorporated areas, that governing body must submit the motion to the county commissioner of elections. This bill requires that within 15 days of receiving such a motion, the county commissioner of elections must send written notice to all other cities located in whole or in part within the county and to the board of supervisors if the motion is submitted by a city. The bill requires the notice to name the city that submitted the motion or the county that submitted the motion for the unincorporated areas of the county, the date the motion was adopted by the city council or the board of supervisors, as applicable, the population of the jurisdiction or area that submitted the motion, the names of all other jurisdictions from which the commissioner of elections holds valid motions, the populations of such other jurisdictions, the population of the county, and a description of the approval procedures and population requirements for submission of the question to the registered voters of the county.