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House File 2369 - 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. This
11subsection shall not apply to a proposition to authorize an
12issuance of bonds proposed in response to a natural disaster or
13other disaster emergency proclaimed by the governor pursuant to
14section 29C.6 or by the president of the United States.
15 Sec. 3. Section 296.3, Code 2018, is amended to read as
16follows:
17296.3 Election called.
18Within ten days of receipt of a petition filed under section
19296.2, the president of the board of directors shall call
20a meeting of the board. The meeting shall be held within
21thirty days after the petition was received. At the meeting,
22the board shall call the election, fixing the time of the
23election, which may be at the time and place of holding the
24regular school election shall be as provided in section 75.1,
25subsection 3. However, if the board determines by unanimous
26vote that the proposition or propositions requested by a
27petition to be submitted at an election are grossly unrealistic
28or contrary to the needs of the school district, no election
29shall be called. If more than one petition has been received
30by the time the board meets to consider the petition triggering
31the meeting, the board shall act upon the petitions in the
32order they were received at the meeting called to consider the
33initial petition. The decision of the board may be appealed to
34the state board of education as provided in chapter 290. The
35president shall notify the county commissioner of elections of
-1-1the time of the election.
2 Sec. 4. Section 423B.1, subsection 5, Code 2018, is amended
3to read as follows:
45. The county commissioner of elections shall submit the
5question of imposition of a local option tax at an election
6held on a date specified in section 39.2, subsection 4,
7paragraph “a” the first Tuesday after the first Monday in
8November, except as provided in section 75.1, subsection 3.
9The election shall not be held sooner than sixty days after
10publication of notice of the ballot proposition. The ballot
11proposition shall specify the type and rate of tax and in the
12case of a vehicle tax the classes that will be exempt and in
13the case of a local sales and services tax the date it will
14be imposed which date shall not be earlier than ninety days
15following the election. The ballot proposition shall also
16specify the approximate amount of local option tax revenues
17that will be used for property tax relief and shall contain
18a statement as to the specific purpose or purposes for which
19the revenues shall otherwise be expended. If the county
20board of supervisors decides under subsection 6 to specify a
21date on which the local option sales and services tax shall
22automatically be repealed, the date of the repeal shall also be
23specified on the ballot. The rate of the vehicle tax shall be
24in increments of one dollar per vehicle as set by the petition
25seeking to impose the tax. The rate of a local sales and
26services tax shall not be more than one percent as set by the
27governing body. The state commissioner of elections shall
28establish by rule the form for the ballot proposition which
29form shall be uniform throughout the state.
30 Sec. 5. APPLICABILITY. Notwithstanding section 47.6,
31subsection 1, paragraph “b”, the governing body of a political
32subdivision may, by a resolution filed with the county
33commissioner of elections, remove a public measure from a
34ballot that is not in compliance with section 75.1, subsection
353, as enacted by this Act, or section 423B.1, as amended by
-2-1this Act, prior to January 1, 2019.
2EXPLANATION
3The inclusion of this explanation does not constitute agreement with
4the explanation’s substance by the members of the general assembly.
5This bill requires all propositions to authorize the
6issuance of bonds by a county, township, school corporation,
7city, or any local board or commission or the imposition
8of local option taxes by a city or county to be submitted
9to electors on the first Tuesday after the first Monday in
10November of each year. This requirement does not apply to
11a proposition to authorize an issuance of bonds proposed in
12response to a natural disaster or other disaster emergency
13proclaimed by the governor pursuant to Code section 296.6 or
14by the president of the United States. The bill exempts such
15elections from certain limitations on the withdrawal of public
16measures from a ballot until January 1, 2019.
-3-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. This
11subsection shall not apply to a proposition to authorize an
12issuance of bonds proposed in response to a natural disaster or
13other disaster emergency proclaimed by the governor pursuant to
14section 29C.6 or by the president of the United States.
15 Sec. 3. Section 296.3, Code 2018, is amended to read as
16follows:
17296.3 Election called.
18Within ten days of receipt of a petition filed under section
19296.2, the president of the board of directors shall call
20a meeting of the board. The meeting shall be held within
21thirty days after the petition was received. At the meeting,
22the board shall call the election, fixing the time of the
23election, which may be at the time and place of holding the
24regular school election shall be as provided in section 75.1,
25subsection 3. However, if the board determines by unanimous
26vote that the proposition or propositions requested by a
27petition to be submitted at an election are grossly unrealistic
28or contrary to the needs of the school district, no election
29shall be called. If more than one petition has been received
30by the time the board meets to consider the petition triggering
31the meeting, the board shall act upon the petitions in the
32order they were received at the meeting called to consider the
33initial petition. The decision of the board may be appealed to
34the state board of education as provided in chapter 290. The
35president shall notify the county commissioner of elections of
-1-1the time of the election.
2 Sec. 4. Section 423B.1, subsection 5, Code 2018, is amended
3to read as follows:
45. The county commissioner of elections shall submit the
5question of imposition of a local option tax at an election
6held on a date specified in section 39.2, subsection 4,
7paragraph “a” the first Tuesday after the first Monday in
8November, except as provided in section 75.1, subsection 3.
9The election shall not be held sooner than sixty days after
10publication of notice of the ballot proposition. The ballot
11proposition shall specify the type and rate of tax and in the
12case of a vehicle tax the classes that will be exempt and in
13the case of a local sales and services tax the date it will
14be imposed which date shall not be earlier than ninety days
15following the election. The ballot proposition shall also
16specify the approximate amount of local option tax revenues
17that will be used for property tax relief and shall contain
18a statement as to the specific purpose or purposes for which
19the revenues shall otherwise be expended. If the county
20board of supervisors decides under subsection 6 to specify a
21date on which the local option sales and services tax shall
22automatically be repealed, the date of the repeal shall also be
23specified on the ballot. The rate of the vehicle tax shall be
24in increments of one dollar per vehicle as set by the petition
25seeking to impose the tax. The rate of a local sales and
26services tax shall not be more than one percent as set by the
27governing body. The state commissioner of elections shall
28establish by rule the form for the ballot proposition which
29form shall be uniform throughout the state.
30 Sec. 5. APPLICABILITY. Notwithstanding section 47.6,
31subsection 1, paragraph “b”, the governing body of a political
32subdivision may, by a resolution filed with the county
33commissioner of elections, remove a public measure from a
34ballot that is not in compliance with section 75.1, subsection
353, as enacted by this Act, or section 423B.1, as amended by
-2-1this Act, prior to January 1, 2019.
2EXPLANATION
3The inclusion of this explanation does not constitute agreement with
4the explanation’s substance by the members of the general assembly.
5This bill requires all propositions to authorize the
6issuance of bonds by a county, township, school corporation,
7city, or any local board or commission or the imposition
8of local option taxes by a city or county to be submitted
9to electors on the first Tuesday after the first Monday in
10November of each year. This requirement does not apply to
11a proposition to authorize an issuance of bonds proposed in
12response to a natural disaster or other disaster emergency
13proclaimed by the governor pursuant to Code section 296.6 or
14by the president of the United States. The bill exempts such
15elections from certain limitations on the withdrawal of public
16measures from a ballot until January 1, 2019.
-3-ss/rj