House
File
2286
-
Introduced
HOUSE
FILE
2286
BY
GUSTAFSON
A
BILL
FOR
An
Act
relating
to
notice
and
election
requirements
and
1
limitations
for
the
issuance
of
certain
bonds
by
political
2
subdivisions
of
the
state.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
53.37,
Code
2016,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
3A.
The
term
“bond
election”
,
as
used
in
3
this
subchapter,
means
an
election
at
which
a
proposition
to
4
authorize
an
issuance
of
bonds
by
a
county,
township,
school
5
corporation,
or
city,
or
by
any
local
board
or
commission
6
authorized
by
law
to
issue
bonds.
7
Sec.
2.
Section
53.39,
subsection
2,
Code
2016,
is
amended
8
to
read
as
follows:
9
2.
a.
All
official
ballots
to
be
voted
by
qualified
absent
10
voters
in
the
armed
forces
of
the
United
States
at
the
primary
11
election
and
the
general
election
,
and
all
bond
elections
12
that
are
not
the
general
election,
shall
be
printed
prior
to
13
forty-five
days
before
the
respective
elections
and
shall
be
14
available
for
transmittal
to
such
qualified
voters
in
the
armed
15
forces
of
the
United
States
at
least
forty-five
days
before
the
16
respective
elections.
The
provisions
of
this
chapter
apply
17
to
absent
voting
by
qualified
voters
in
the
armed
forces
of
18
the
United
States
except
as
modified
by
the
provisions
of
this
19
subchapter
.
20
b.
For
the
purposes
of
this
subsection,
the
ballot
for
a
21
bond
election
that
is
not
held
in
conjunction
with
the
general
22
election
shall
only
consist
of
propositions
to
authorize
the
23
issuance
of
bonds
by
a
county,
township,
school
corporation,
24
city,
or
by
a
local
board
or
commission.
25
Sec.
3.
Section
53.40,
subsection
1,
paragraphs
a
and
b,
26
Code
2016,
are
amended
to
read
as
follows:
27
a.
A
request
in
writing
for
a
ballot
may
be
made
by
any
28
member
of
the
armed
forces
of
the
United
States
who
is
or
29
will
be
a
qualified
voter
on
the
day
of
the
election
at
which
30
the
ballot
is
to
be
cast,
at
any
time
before
the
election.
31
Any
member
of
the
armed
forces
of
the
United
States
may
32
request
ballots
for
all
elections
to
be
held
during
a
calendar
33
year.
The
request
may
be
made
by
using
the
federal
postcard
34
application
form
and
indicating
that
the
applicant
wishes
to
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receive
ballots
for
all
elections
as
permitted
by
state
law.
1
If
the
applicant
does
not
specify
which
elections
the
request
2
is
for,
the
county
commissioner
shall
send
the
applicant
a
3
ballot
for
each
federal
election
and
each
bond
election
held
4
after
the
application
is
received
until
the
end
of
the
calendar
5
year
in
which
the
request
is
received.
If
the
applicant
6
requests
ballots
for
all
elections
to
be
held
in
a
calendar
7
year,
the
commissioner,
if
necessary,
shall
forward
a
copy
of
8
the
absentee
ballot
request
to
other
commissioners
who
are
9
responsible
under
section
47.2,
subsection
2
,
for
conducting
10
elections
in
which
the
applicant
is
eligible
to
vote.
11
b.
Unless
the
request
specifies
otherwise,
a
request
for
12
the
primary
election
shall
also
be
considered
a
request
for
the
13
general
election.
In
the
case
of
the
general
election
or
a
14
bond
election
,
request
may
be
made
not
more
than
seventy
days
15
before
the
election,
for
and
on
behalf
of
a
voter
in
the
armed
16
forces
of
the
United
States
by
a
spouse,
parent,
parent-in-law,
17
adult
brother,
adult
sister,
or
adult
child
of
the
voter,
18
residing
in
the
county
of
the
voter’s
residence.
However,
a
19
request
made
by
other
than
the
voter
may
be
required
to
be
made
20
on
forms
prescribed
by
the
state
commissioner.
21
Sec.
4.
Section
75.1,
Code
2016,
is
amended
by
adding
the
22
following
new
subsection:
23
NEW
SUBSECTION
.
1A.
a.
For
a
proposition
to
authorize
24
an
issuance
of
bonds
by
a
political
subdivision
that
is
not
a
25
county,
school
corporation,
or
city,
or
by
any
local
board
or
26
commission
authorized
by
law
to
issue
bonds,
to
be
submitted
27
to
the
electors
at
a
bond
election,
the
political
subdivision
28
shall
publish,
at
least
sixty
days
before
the
day
of
the
bond
29
election,
notice
including
the
complete
text
of
the
public
30
measure,
the
date
of
the
meeting
at
which
the
election
was
31
called,
and
the
date
of
the
bond
election.
The
notice
shall
32
be
in
addition
to
the
notice
of
election
provided
in
section
33
49.53.
34
b.
The
term
“bond
election”
,
as
used
in
this
subsection,
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means
an
election
at
which
a
proposition
to
authorize
an
1
issuance
of
bonds
by
a
political
subdivision
that
is
not
a
2
county,
school
corporation,
or
city,
or
by
any
local
board
or
3
commission
authorized
by
law
to
issue
bonds,
is
submitted
to
4
the
electors.
5
Sec.
5.
Section
75.1,
subsection
2,
Code
2016,
is
amended
6
to
read
as
follows:
7
2.
a.
When
a
proposition
to
authorize
an
issuance
of
bonds
8
has
been
submitted
for
the
first
time
to
the
electors
under
9
this
section
and
the
proposal
fails
to
gain
approval
by
the
10
required
percentage
of
votes,
such
proposal,
or
any
proposal
11
which
incorporates
any
portion
of
the
defeated
proposal,
shall
12
not
be
submitted
to
the
electors
for
a
period
of
six
months
one
13
year
from
the
date
of
such
regular
or
special
election
and
.
14
b.
If
a
proposal
fails
to
gain
approval
by
the
required
15
percentage
of
votes
at
an
election
following
the
one-year
16
period
described
in
paragraph
“a”
or
the
two-year
period
17
described
in
this
paragraph,
such
proposal,
or
any
proposal
18
which
incorporates
any
portion
of
the
defeated
proposal,
shall
19
not
be
submitted
to
the
electors
for
a
period
of
two
years
from
20
the
date
of
such
regular
or
special
election.
21
c.
Proposals
submitted
to
the
electors
under
this
subsection
22
may
only
be
submitted
on
a
date
specified
in
section
39.2,
23
subsection
4
,
paragraph
“a”
,
“b”
,
or
“c”
,
as
applicable.
24
Sec.
6.
Section
260C.15,
subsection
1,
Code
2016,
is
amended
25
to
read
as
follows:
26
1.
a.
Regular
elections
held
by
the
merged
area
for
the
27
election
of
members
of
the
board
of
directors
as
required
by
28
section
260C.11
or
for
any
other
matter
authorized
by
law
29
and
designated
for
election
by
the
board
of
directors
of
the
30
merged
area
shall
be
held
on
the
date
of
the
school
election
31
as
fixed
by
section
277.1
.
However,
elections
held
for
the
32
imposition,
rate
increase,
or
discontinuance
of
the
twenty
and
33
one-fourth
cents
per
thousand
dollars
of
assessed
valuation
34
levy
authorized
in
section
260C.22
shall
be
held
either
on
the
35
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date
of
the
school
election
as
fixed
by
section
277.1
or
at
a
1
special
election
held
on
the
second
Tuesday
in
September
of
2
the
even-numbered
year.
The
election
notice
shall
be
made
a
3
part
of
the
local
school
election
notice
published
as
provided
4
in
section
49.53
in
each
local
school
district
where
voting
is
5
to
occur
in
the
merged
area
election
and
the
election
shall
be
6
conducted
by
the
county
commissioner
of
elections
pursuant
to
7
chapters
39
through
53
and
section
277.20
.
8
b.
Additional
notice
of
an
election
to
authorize
a
bond
9
issuance
shall
be
given
as
provided
in
section
277.2,
as
if
the
10
merged
area
were
a
school
district.
11
Sec.
7.
Section
277.2,
Code
2016,
is
amended
to
read
as
12
follows:
13
277.2
Elections
on
public
measures.
14
1.
Unless
otherwise
stated,
the
date
of
an
election
on
a
15
public
measure
authorized
to
be
held
by
a
school
district
is
16
limited
to
the
dates
specified
in
section
39.2,
subsection
4
,
17
paragraph
“c”
.
18
2.
For
a
bond
election,
the
board
shall,
at
least
sixty
days
19
before
the
day
of
the
bond
election,
publish
notice
in
addition
20
to
the
notice
required
by
section
49.53.
The
additional
notice
21
shall
include
the
complete
text
of
the
public
measure,
the
date
22
of
the
meeting
at
which
the
bond
election
was
called,
and
the
23
date
of
the
bond
election.
The
term
“bond
election”
,
as
used
24
in
this
section,
shall
mean
an
election
at
which
a
proposition
25
to
authorize
an
issuance
of
bonds
by
the
school
district
is
26
submitted
to
the
electors.
27
Sec.
8.
Section
296.4,
Code
2016,
is
amended
to
read
as
28
follows:
29
296.4
Notice
——
ballots.
30
1.
Notice
of
the
election
shall
be
given
by
the
county
31
commissioner
of
elections
by
publication
in
accordance
with
32
section
49.53
.
Additional
notice
of
the
election
shall
be
33
given
as
provided
in
section
277.2.
34
2.
The
county
commissioner
of
elections
shall
conduct
the
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election
pursuant
to
the
provisions
of
chapters
39
to
53
and
1
certify
the
results
to
the
board
of
directors.
2
Sec.
9.
Section
298.18,
subsection
3,
Code
2016,
is
amended
3
to
read
as
follows:
4
3.
a.
Notice
of
the
election
shall
be
given
by
the
5
county
commissioner
of
elections
according
to
section
49.53
.
6
Additional
notice
of
the
election
shall
be
given
as
provided
7
in
section
277.2.
8
b.
The
county
commissioner
of
elections
shall
conduct
the
9
election
pursuant
to
the
provisions
of
chapters
39
through
10
53
and
certify
the
results
to
the
board
of
directors.
The
11
proposition
shall
not
be
deemed
carried
or
adopted
unless
the
12
vote
in
favor
of
such
proposition
is
equal
to
at
least
sixty
13
percent
of
the
total
vote
cast
for
and
against
the
proposition
14
at
the
election.
Whenever
such
a
proposition
has
been
approved
15
by
the
voters
of
a
school
corporation
as
hereinbefore
provided,
16
no
further
approval
of
the
voters
of
such
school
corporation
17
shall
be
required
as
a
result
of
any
subsequent
change
in
the
18
boundaries
of
such
school
corporation.
19
Sec.
10.
Section
331.305,
Code
2016,
is
amended
to
read
as
20
follows:
21
331.305
Publication
of
notices.
22
Unless
otherwise
provided
by
state
law,
if
notice
of
an
23
election,
hearing,
or
other
official
action
is
required
by
this
24
chapter
,
the
board
shall
publish
the
notice
at
least
once,
not
25
less
than
four
nor
more
than
twenty
days
before
the
date
of
the
26
election,
hearing,
or
other
action,
in
one
or
more
newspapers
27
which
meet
the
requirements
of
section
618.14
.
Notice
of
an
28
election
shall
also
comply
with
section
49.53
.
For
a
bond
29
election,
the
board
shall,
at
least
sixty
days
before
the
30
day
of
the
bond
election,
publish
an
additional
notice.
The
31
additional
notice
shall
include
the
complete
text
of
the
public
32
measure,
the
date
of
the
meeting
at
which
the
bond
election
33
was
called,
and
the
date
of
the
bond
election.
The
term
“bond
34
election”
,
as
used
in
this
section,
shall
mean
an
election
at
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which
a
proposition
to
authorize
an
issuance
of
bonds
by
the
1
county
is
submitted
to
the
electors.
2
Sec.
11.
Section
362.3,
subsection
1,
paragraph
a,
Code
3
2016,
is
amended
to
read
as
follows:
4
a.
If
notice
of
an
election,
hearing,
or
other
official
5
action
is
required
by
the
city
code,
the
notice
must
be
6
published
at
least
once,
not
less
than
four
nor
more
than
7
twenty
days
before
the
date
of
the
election,
hearing,
or
other
8
action.
For
a
bond
election
the
city
council
shall,
at
least
9
sixty
days
before
the
day
of
the
bond
election,
publish
an
10
additional
notice.
The
additional
notice
shall
include
the
11
complete
text
of
the
public
measure,
the
date
of
the
meeting
12
at
which
the
bond
election
was
called,
and
the
date
of
the
bond
13
election.
The
term
“bond
election”
,
as
used
in
this
paragraph
14
“a”
,
shall
mean
an
election
at
which
a
proposition
to
authorize
15
an
issuance
of
bonds
by
the
city
is
submitted
to
the
electors.
16
Sec.
12.
Section
384.26,
subsection
3,
Code
2016,
is
amended
17
to
read
as
follows:
18
3.
Notice
of
the
election
must
be
given
by
publication
as
19
required
by
section
sections
49.53
and
362.3.
Notwithstanding
20
the
authorization
to
post
notice
in
section
362.3,
subsection
21
2,
a
city
shall
publish
the
notice
in
a
newspaper
of
general
22
circulation
in
the
city.
At
the
election
the
ballot
used
for
23
the
submission
of
the
proposition
must
be
in
substantially
the
24
form
for
submitting
special
questions
at
general
elections.
25
Sec.
13.
IMPLEMENTATION
OF
ACT.
Section
25B.2,
subsection
26
3,
shall
not
apply
to
this
Act.
27
EXPLANATION
28
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
29
the
explanation’s
substance
by
the
members
of
the
general
assembly.
30
This
bill
makes
changes
relating
to
notice
and
election
31
requirements
and
limitations
for
the
issuance
of
certain
bonds
32
by
political
subdivisions
of
the
state.
33
Current
law
specifies
those
bond
issuances
requiring
34
voter
approval
and
the
dates
of
the
elections
at
which
these
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public
measures
may
be
submitted
to
the
voters
and
requires
1
that
notice
of
the
election
be
published
between
4
and
20
2
days
prior
to
the
election.
The
notice
is
required
to
show
3
all
public
measures
to
be
voted
on
at
election.
The
bill
4
requires
counties,
cities,
townships,
school
districts,
and
5
merged
areas,
and
any
local
board
or
commission
authorized
by
6
law
to
issue
bonds,
to
publish
notice
of
the
election
on
the
7
proposition
to
issue
the
bonds
at
least
60
days
before
the
day
8
of
the
election.
The
bill
applies
to
those
bond
issuances
that
9
under
current
law
may
be
issued
only
upon
voter
approval.
The
10
additional
notice
is
required
to
include
the
complete
text
of
11
the
public
measure,
the
date
of
the
meeting
at
which
the
bond
12
election
was
called,
and
the
date
of
the
bond
election.
13
The
bill
also
provides
that
a
military
or
overseas
voter
14
may
request
and
vote
an
armed
forces
absentee
ballot
for
a
15
local
bond
election.
Under
current
law,
armed
forces
absentee
16
ballots
must
be
printed
45
days
before
an
associated
election
17
and
must
be
mailed
to
military
and
overseas
voters
at
specified
18
times.
Under
current
law,
armed
forces
absentee
ballots
are
19
only
available
for
federal
elections.
Current
law
also
allows
20
certain
family
members
of
military
and
overseas
voters
to
21
request
armed
forces
absentee
ballots
on
behalf
of
an
eligible
22
voter
and
requires
that
a
county
commissioner
of
elections
23
(county
auditor)
send
armed
forces
absentee
ballots
to
an
24
eligible
voter
for
every
federal
election
during
a
given
25
calendar
year,
if
a
voter’s
request
for
such
a
ballot
in
that
26
year
does
not
specify
a
particular
election.
The
bill
extends
27
these
provisions
to
include
bond
elections.
28
Current
law
provides
that
when
a
bond
proposition
is
29
submitted
to
voters
and
fails
to
gain
approval,
the
entity
30
submitting
the
proposal
is
prohibited
from
resubmitting
the
31
proposal
to
voters,
in
any
form,
for
a
period
of
six
months.
32
Under
the
bill,
if
an
entity
submits
a
proposal
which
fails
to
33
gain
approval
of
the
voters,
the
entity
is
then
prohibited
from
34
resubmitting
the
proposal
to
voters
for
a
period
of
one
year.
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If
a
failed
proposal
is
later
resubmitted
and
again
fails
to
1
gain
approval,
the
entity
is
then
prohibited
from
resubmitting
2
the
proposal
for
two
years.
3
The
bill
may
include
a
state
mandate
as
defined
in
Code
4
section
25B.3.
The
bill
makes
inapplicable
Code
section
25B.2,
5
subsection
3,
which
would
relieve
a
political
subdivision
from
6
complying
with
a
state
mandate
if
funding
for
the
cost
of
7
the
state
mandate
is
not
provided
or
specified.
Therefore,
8
political
subdivisions
are
required
to
comply
with
any
state
9
mandate
included
in
the
bill.
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