House File 2369 - Introduced HOUSE FILE 2369 BY COMMITTEE ON LOCAL GOVERNMENT (SUCCESSOR TO HSB 514) A BILL FOR An Act setting the dates for the submission of local public 1 measures to the electors. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5227HV (2) 87 ss/rj
H.F. 2369 Section 1. Section 39.2, subsection 4, unnumbered paragraph 1 1, Code 2018, is amended to read as follows: 2 Unless otherwise provided by law Except as provided in 3 sections 75.1, 423B.1, or other law , special elections on 4 public measures are limited to the following dates: 5 Sec. 2. Section 75.1, Code 2018, is amended by adding the 6 following new subsection: 7 NEW SUBSECTION . 3. A proposition to authorize an issuance 8 of bonds shall only be submitted to the electors on the first 9 Tuesday after the first Monday in November of each year. This 10 subsection shall not apply to a proposition to authorize an 11 issuance of bonds proposed in response to a natural disaster or 12 other disaster emergency proclaimed by the governor pursuant to 13 section 29C.6 or by the president of the United States. 14 Sec. 3. Section 296.3, Code 2018, is amended to read as 15 follows: 16 296.3 Election called. 17 Within ten days of receipt of a petition filed under section 18 296.2 , the president of the board of directors shall call 19 a meeting of the board. The meeting shall be held within 20 thirty days after the petition was received. At the meeting, 21 the board shall call the election, fixing the time of the 22 election, which may be at the time and place of holding the 23 regular school election shall be as provided in section 75.1, 24 subsection 3 . However, if the board determines by unanimous 25 vote that the proposition or propositions requested by a 26 petition to be submitted at an election are grossly unrealistic 27 or contrary to the needs of the school district, no election 28 shall be called. If more than one petition has been received 29 by the time the board meets to consider the petition triggering 30 the meeting, the board shall act upon the petitions in the 31 order they were received at the meeting called to consider the 32 initial petition. The decision of the board may be appealed to 33 the state board of education as provided in chapter 290 . The 34 president shall notify the county commissioner of elections of 35 -1- LSB 5227HV (2) 87 ss/rj 1/ 3
H.F. 2369 the time of the election. 1 Sec. 4. Section 423B.1, subsection 5, Code 2018, is amended 2 to read as follows: 3 5. The county commissioner of elections shall submit the 4 question of imposition of a local option tax at an election 5 held on a date specified in section 39.2, subsection 4 , 6 paragraph “a” the first Tuesday after the first Monday in 7 November, except as provided in section 75.1, subsection 3 . 8 The election shall not be held sooner than sixty days after 9 publication of notice of the ballot proposition. The ballot 10 proposition shall specify the type and rate of tax and in the 11 case of a vehicle tax the classes that will be exempt and in 12 the case of a local sales and services tax the date it will 13 be imposed which date shall not be earlier than ninety days 14 following the election. The ballot proposition shall also 15 specify the approximate amount of local option tax revenues 16 that will be used for property tax relief and shall contain 17 a statement as to the specific purpose or purposes for which 18 the revenues shall otherwise be expended. If the county 19 board of supervisors decides under subsection 6 to specify a 20 date on which the local option sales and services tax shall 21 automatically be repealed, the date of the repeal shall also be 22 specified on the ballot. The rate of the vehicle tax shall be 23 in increments of one dollar per vehicle as set by the petition 24 seeking to impose the tax. The rate of a local sales and 25 services tax shall not be more than one percent as set by the 26 governing body. The state commissioner of elections shall 27 establish by rule the form for the ballot proposition which 28 form shall be uniform throughout the state. 29 Sec. 5. APPLICABILITY. Notwithstanding section 47.6, 30 subsection 1, paragraph “b”, the governing body of a political 31 subdivision may, by a resolution filed with the county 32 commissioner of elections, remove a public measure from a 33 ballot that is not in compliance with section 75.1, subsection 34 3, as enacted by this Act, or section 423B.1, as amended by 35 -2- LSB 5227HV (2) 87 ss/rj 2/ 3
H.F. 2369 this Act, prior to January 1, 2019. 1 EXPLANATION 2 The inclusion of this explanation does not constitute agreement with 3 the explanation’s substance by the members of the general assembly. 4 This bill requires all propositions to authorize the 5 issuance of bonds by a county, township, school corporation, 6 city, or any local board or commission or the imposition 7 of local option taxes by a city or county to be submitted 8 to electors on the first Tuesday after the first Monday in 9 November of each year. This requirement does not apply to 10 a proposition to authorize an issuance of bonds proposed in 11 response to a natural disaster or other disaster emergency 12 proclaimed by the governor pursuant to Code section 296.6 or 13 by the president of the United States. The bill exempts such 14 elections from certain limitations on the withdrawal of public 15 measures from a ballot until January 1, 2019. 16 -3- LSB 5227HV (2) 87 ss/rj 3/ 3