Bill Text: IA HF2369 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act setting the dates for the submission of local public measures to the electors. (Formerly HSB 514.)

Spectrum: Committee Bill

Status: (Engrossed - Dead) 2018-03-22 - Placed on calendar under unfinished business. S.J. 753. [HF2369 Detail]

Download: Iowa-2017-HF2369-Introduced.html

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House File 2369 - Introduced




                                 HOUSE FILE       
                                 BY  COMMITTEE ON LOCAL
                                     GOVERNMENT

                                 (SUCCESSOR TO HSB 514)

                                      A BILL FOR

  1 An Act setting the dates for the submission of local public
  2    measures to the electors.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 5227HV (2) 87
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PAG LIN



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