Senate File 186 - Introduced SENATE FILE 186 BY DANIELSON A BILL FOR An Act relating to limitations on the timing of public school 1 district bond elections and including effective date 2 provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2166SS (3) 87 md/sc
S.F. 186 Section 1. Section 75.1, subsection 2, Code 2017, is amended 1 to read as follows: 2 2. a. When a proposition to authorize an issuance of bonds 3 by a political subdivision subject to this chapter that is not 4 a school district has been submitted to the electors under 5 this section and the proposal fails to gain approval by the 6 required percentage of votes, such proposal, or any proposal 7 which incorporates any portion of the defeated proposal, shall 8 not be submitted to the electors for a period of six months 9 from the date of such regular or special election and may only 10 be submitted on a date specified in section 39.2, subsection 4 , 11 paragraph “a” , “b” , or “c” , as applicable. 12 b. Except as provided in paragraph “c” , when a proposition 13 to authorize an issuance of bonds by a school district has 14 been submitted to the electors under this section, another 15 proposition to issue bonds by the school district submitted to 16 the electors on or after the effective date of this Act shall 17 not be submitted to the electors for a period of six months 18 from the date of such regular or special election and may only 19 be submitted on a date specified in section 39.2, subsection 20 4, paragraph “c” . 21 c. When a proposition to authorize an issuance of bonds by 22 a school district has been submitted to the electors under this 23 section and the proposal fails to gain approval by the required 24 percentage of votes, such proposal, or any proposal which 25 incorporates any portion of the defeated proposal, submitted to 26 the electors on or after the effective date of this Act shall 27 not be submitted to the electors for a period of time specified 28 in this paragraph “c” from the date of such regular or special 29 election and may only be submitted on a date specified in 30 section 39.2, subsection 4, paragraph “c” . The period of time 31 for which a proposition to authorize an issuance of bonds may 32 not be submitted to the electors under this paragraph “c” shall 33 be as follows: 34 (1) If such a proposition has failed at one immediately 35 -1- LSB 2166SS (3) 87 md/sc 1/ 3
S.F. 186 preceding election at which such a proposition appeared on the 1 ballot, six months. 2 (2) If such a proposition has failed at the two immediately 3 preceding elections at which such a proposition appeared on the 4 ballot, one year. 5 (3) If such a proposition has failed at the three or more 6 immediately preceding elections at which such a proposition 7 appeared on the ballot, the number of years equal to the number 8 of immediately preceding elections at which the proposition was 9 defeated. 10 Sec. 2. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 11 immediate importance, takes effect upon enactment. 12 EXPLANATION 13 The inclusion of this explanation does not constitute agreement with 14 the explanation’s substance by the members of the general assembly. 15 This bill makes changes relating to election requirements 16 and limitations for the issuance of certain bonds by school 17 districts. 18 Current law provides that when a bond proposition is 19 submitted to voters and fails to gain approval, the entity 20 submitting the proposal is prohibited from resubmitting the 21 proposal to voters, in any form, for a period of six months. 22 Under the bill, if a school district submits a proposal 23 to issue bonds to the voters, the school district is then 24 prohibited from submitting another bond proposal to voters for 25 a period of six months. Additionally, if a school district 26 submits a proposal which fails to gain approval of the voters, 27 the school district is then prohibited from resubmitting the 28 proposal or any proposal which incorporates any portion of the 29 defeated proposal to voters for a period of time specified in 30 the bill. The period of time for which such a proposition may 31 not be submitted to the electors shall be as follows: (1) if 32 such a proposition has failed at one immediately preceding 33 election at which such a proposition appeared on the ballot, 34 six months; (2) if such a proposition has failed at the two 35 -2- LSB 2166SS (3) 87 md/sc 2/ 3
S.F. 186 immediately preceding elections at which such a proposition 1 appeared on the ballot, one year; (3) if such a proposition has 2 failed at the three or more immediately preceding elections at 3 which such a proposition appeared on the ballot, the number of 4 years equal to the number of immediately preceding elections at 5 which the proposition was defeated. 6 Code section 75.1 applies to school corporations, which 7 by operation of Code section 260C.16, includes merged areas 8 (community colleges). The bill does not apply to merged areas. 9 The bill takes effect upon enactment. 10 -3- LSB 2166SS (3) 87 md/sc 3/ 3