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House Study Bill 514 - IntroducedA Bill ForAn Act 1setting the dates for the submission of local public
2measures to the electors.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 39.2, subsection 4, unnumbered paragraph
21, Code 2018, is amended to read as follows:
3Unless otherwise provided by law Except as provided in
4sections 75.1, 423B.1, or other law, special elections on
5public measures are limited to the following dates:
6 Sec. 2. Section 75.1, Code 2018, is amended by adding the
7following new subsection:
8 NEW SUBSECTION. 3. A proposition to authorize an issuance
9of bonds shall only be submitted to the electors on the first
10Tuesday after the first Monday in November of each year.
11 Sec. 3. Section 423B.1, subsection 5, Code 2018, is amended
12to read as follows:
135. The county commissioner of elections shall submit the
14question of imposition of a local option tax at an election
15held on a date specified in section 39.2, subsection 4,
16paragraph “a” the first Tuesday after the first Monday in
17November. The election shall not be held sooner than sixty
18days after publication of notice of the ballot proposition.
19The ballot proposition shall specify the type and rate of tax
20and in the case of a vehicle tax the classes that will be
21exempt and in the case of a local sales and services tax the
22date it will be imposed which date shall not be earlier than
23ninety days following the election. The ballot proposition
24shall also specify the approximate amount of local option tax
25revenues that will be used for property tax relief and shall
26contain a statement as to the specific purpose or purposes for
27which the revenues shall otherwise be expended. If the county
28board of supervisors decides under subsection 6 to specify a
29date on which the local option sales and services tax shall
30automatically be repealed, the date of the repeal shall also be
31specified on the ballot. The rate of the vehicle tax shall be
32in increments of one dollar per vehicle as set by the petition
33seeking to impose the tax. The rate of a local sales and
34services tax shall not be more than one percent as set by the
35governing body. The state commissioner of elections shall
-1-1establish by rule the form for the ballot proposition which
2form shall be uniform throughout the state.
3 Sec. 4. APPLICABILITY. Notwithstanding section 47.6,
4subsection 1, paragraph “b”, the governing body of a political
5subdivision may, by a resolution filed with the county
6commissioner of elections, remove a public measure from a
7ballot that is not in compliance with section 75.1, subsection
83, as enacted by this Act, or section 423B.1, as amended by
9this Act, prior to January 1, 2019.
10EXPLANATION
11The inclusion of this explanation does not constitute agreement with
12the explanation’s substance by the members of the general assembly.
13This bill requires all propositions to authorize the
14issuance of bonds by a county, township, school corporation,
15city, or any local board or commission or the imposition
16of local option taxes by a city or county to be submitted
17to electors on the first Tuesday after the first Monday in
18November of each year. The bill exempts such elections from
19certain limitations on the withdrawal of public measures from a
20ballot until January 1, 2019.
-2-ss/rj
2measures to the electors.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 39.2, subsection 4, unnumbered paragraph
21, Code 2018, is amended to read as follows:
3Unless otherwise provided by law Except as provided in
4sections 75.1, 423B.1, or other law, special elections on
5public measures are limited to the following dates:
6 Sec. 2. Section 75.1, Code 2018, is amended by adding the
7following new subsection:
8 NEW SUBSECTION. 3. A proposition to authorize an issuance
9of bonds shall only be submitted to the electors on the first
10Tuesday after the first Monday in November of each year.
11 Sec. 3. Section 423B.1, subsection 5, Code 2018, is amended
12to read as follows:
135. The county commissioner of elections shall submit the
14question of imposition of a local option tax at an election
15held on a date specified in section 39.2, subsection 4,
16paragraph “a” the first Tuesday after the first Monday in
17November. The election shall not be held sooner than sixty
18days after publication of notice of the ballot proposition.
19The ballot proposition shall specify the type and rate of tax
20and in the case of a vehicle tax the classes that will be
21exempt and in the case of a local sales and services tax the
22date it will be imposed which date shall not be earlier than
23ninety days following the election. The ballot proposition
24shall also specify the approximate amount of local option tax
25revenues that will be used for property tax relief and shall
26contain a statement as to the specific purpose or purposes for
27which the revenues shall otherwise be expended. If the county
28board of supervisors decides under subsection 6 to specify a
29date on which the local option sales and services tax shall
30automatically be repealed, the date of the repeal shall also be
31specified on the ballot. The rate of the vehicle tax shall be
32in increments of one dollar per vehicle as set by the petition
33seeking to impose the tax. The rate of a local sales and
34services tax shall not be more than one percent as set by the
35governing body. The state commissioner of elections shall
-1-1establish by rule the form for the ballot proposition which
2form shall be uniform throughout the state.
3 Sec. 4. APPLICABILITY. Notwithstanding section 47.6,
4subsection 1, paragraph “b”, the governing body of a political
5subdivision may, by a resolution filed with the county
6commissioner of elections, remove a public measure from a
7ballot that is not in compliance with section 75.1, subsection
83, as enacted by this Act, or section 423B.1, as amended by
9this Act, prior to January 1, 2019.
10EXPLANATION
11The inclusion of this explanation does not constitute agreement with
12the explanation’s substance by the members of the general assembly.
13This bill requires all propositions to authorize the
14issuance of bonds by a county, township, school corporation,
15city, or any local board or commission or the imposition
16of local option taxes by a city or county to be submitted
17to electors on the first Tuesday after the first Monday in
18November of each year. The bill exempts such elections from
19certain limitations on the withdrawal of public measures from a
20ballot until January 1, 2019.
-2-ss/rj