SF 26 (LSB 1015XS (4) 86)

SENATE FILE 26

BY  TAYLOR

A BILL FOR

An Act relating to relocating, establishing, and consolidating county seats.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  331.331  Duties relating to county seats —— petition.
   1.  a.  If a petition meeting the requirements of section 331.306 and subsection 5 of this section is filed with the board of supervisors proposing a public measure to relocate a county seat, establish an additional county seat, or consolidate county seats, the board shall direct the county commissioner of elections to submit the question on the public measure to the registered voters of the county. Notwithstanding any provision of law to the contrary, the public measure may only be submitted to the electorate at the general election for the office of president of the United States next following the filing of the petition.
   b.  The board shall propose a plan to implement the relocation, establishment, or consolidation within two years, and shall gather information on costs associated with implementing the plan and associated changes to county emergency services. 
   2.  a.  The question to relocate a county seat shall be submitted to the electors in substantially the following form:

   Shall the county seat for (name of county) be relocated from (name of city serving as county seat) to (name of city named on the petition)?

   b.  The question to establish an additional county seat shall be submitted to the electors in substantially the following form:

   Shall (name of county), with its county seat located at (name of city serving as county seat), establish an additional county seat at (name of city named on the petition)?

   c.  The question to consolidate county seats shall be submitted to the electors in substantially the following form:

   Shall the county seats for (name of county) be consolidated from (name of city serving as county seat) and (name of city serving as county seat) to (name of city named on the petition)?

   3.  If a ballot includes a question under subsection 2, the notice of election published pursuant to section 49.53 shall include a brief description of the proposed relocation, establishment, or consolidation and a summary of information provided by the board on costs associated with implementing the board’s plan and associated changes to county emergency services if the public measure is adopted.
   4.  A public measure under subsection 2 is adopted if the vote cast in favor of the question is equal to at least sixty percent of the total votes cast for and against the question. If the public measure is adopted, the board shall, notwithstanding any provision of law to the contrary, proceed to implement its plan to relocate, establish, or consolidate county seats. 
   5.  a.  The board shall dismiss a petition filed under this section as invalid if adoption of the public measure would result in a violation of section 331.332.
   b.  The board shall dismiss a petition filed under this section as invalid if it is filed with the board less than eighty-two days before the next general election for the office of president of the United States.
    Sec. 2.  NEW SECTION.  331.332  County seats —— limitations.
   1.  A county shall have at least one, and not more than two, county seats at any one time. 
   2.  The county seat must be located within the county. 
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill requires a county, upon filing of a valid petition, to submit to the voters a public measure to relocate, establish, or consolidate county seats.
   The bill provides that if a valid petition is filed with the board of supervisors, proposing a public measure to relocate a county seat, establish an additional county seat, or consolidate county seats, the board shall propose a plan to implement the relocation, establishment, or consolidation within two years. 
   The bill requires the county commissioner of elections to submit the public measure to the registered voters at the general election for the office of president of the United States next following the filing of the petition. A public measure to relocate, establish, or consolidate a county seat is adopted if the vote cast in favor is at least 60 percent of the total votes cast for and against the public measure. The board is required to implement its plan to relocate, establish, or consolidate county seats if the public measure is adopted.
   The bill provides that the notice of election required to be published shall contain a brief description of the proposed relocation, establishment, or consolidation and a summary of information provided by the board of supervisors on costs associated with implementing its plan and associated changes to county emergency services if the measure is adopted.
   The bill requires a county to have at least one, but not more than two, county seats at any one time and that a county seat must be located within the county. The bill requires that the board of supervisors dismiss a petition as invalid if adoption of the public measure would violate these requirements or if the petition is filed less than 82 days before the next general election for the office of president of the United States.