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