Bill Text: IA SF165 | 2015-2016 | 86th General Assembly | Introduced


Bill Title: A bill for an act relating to relocating, establishing, and consolidating county seats. (Formerly SF 26.)

Spectrum: Committee Bill

Status: (Engrossed - Dead) 2016-03-18 - Rereferred to Local Government. H.J. 507. [SF165 Detail]

Download: Iowa-2015-SF165-Introduced.html
Senate File 165 - Introduced




                                 SENATE FILE       
                                 BY  COMMITTEE ON LOCAL
                                     GOVERNMENT

                                 (SUCCESSOR TO SF 26)

                                      A BILL FOR

  1 An Act relating to relocating, establishing, and consolidating
  2    county seats.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  NEW SECTION.  331.331  Duties relating to county
  1  2 seats == petition.
  1  3    1.  a.  If a petition meeting the requirements of section
  1  4 331.306 and subsection 5 of this section is filed with the
  1  5 board of supervisors proposing a public measure to relocate
  1  6 a county seat, establish an additional county seat, or
  1  7 consolidate county seats, the board shall direct the county
  1  8 commissioner of elections to submit the question on the
  1  9 public measure to the registered voters of the county.
  1 10 Notwithstanding any provision of law to the contrary, the
  1 11 public measure may only be submitted to the electorate at the
  1 12 general election for the office of president of the United
  1 13 States next following the filing of the petition.
  1 14    b.  The board shall propose a plan to implement the
  1 15 relocation, establishment, or consolidation within two
  1 16 years, and shall gather information on costs associated
  1 17 with implementing the plan and associated changes to county
  1 18 emergency services.
  1 19    2.  a.  The question to relocate a county seat shall be
  1 20 submitted to the electors in substantially the following form:
  1 21    Shall the county seat for (name of county) be relocated from
  1 22 (name of city serving as county seat) to (name of city named on
  1 23 the petition)?
  1 24    b.  The question to establish an additional county seat shall
  1 25 be submitted to the electors in substantially the following
  1 26 form:
  1 27    Shall (name of county), with its county seat located at (name
  1 28 of city serving as county seat), establish an additional county
  1 29 seat at (name of city named on the petition)?
  1 30    c.  The question to consolidate county seats shall be
  1 31 submitted to the electors in substantially the following form:
  1 32    Shall the county seats for (name of county) be consolidated
  1 33 from (name of city serving as county seat) and (name of
  1 34 city serving as county seat) to (name of city named on the
  1 35 petition)?
  2  1    3.  If a ballot includes a question under subsection 2,
  2  2 the notice of election published pursuant to section 49.53
  2  3 shall include a brief description of the proposed relocation,
  2  4 establishment, or consolidation and a summary of information
  2  5 provided by the board on costs associated with implementing
  2  6 the board's plan and associated changes to county emergency
  2  7 services if the public measure is adopted.
  2  8    4.  A public measure under subsection 2 is adopted if
  2  9 the vote cast in favor of the question is equal to at least
  2 10 sixty percent of the total votes cast for and against the
  2 11 question. If the public measure is adopted, the board shall,
  2 12 notwithstanding any provision of law to the contrary, proceed
  2 13 to implement its plan to relocate, establish, or consolidate
  2 14 county seats.
  2 15    5.  a.  The board shall dismiss a petition filed under this
  2 16 section as invalid if adoption of the public measure would
  2 17 result in a violation of section 331.332.
  2 18    b.  The board shall dismiss a petition filed under this
  2 19 section as invalid if it is filed with the board less than
  2 20 eighty=two days before the next general election for the office
  2 21 of president of the United States.
  2 22    Sec. 2.  NEW SECTION.  331.332  County seats == limitations.
  2 23    1.  A county shall have at least one, and not more than two,
  2 24 county seats at any one time.
  2 25    2.  The county seat must be located within the county.
  2 26                           EXPLANATION
  2 27 The inclusion of this explanation does not constitute agreement with
  2 28 the explanation's substance by the members of the general assembly.
  2 29    This bill requires a county, upon filing of a valid
  2 30 petition, to submit to the voters a public measure to relocate,
  2 31 establish, or consolidate county seats.
  2 32    The bill provides that if a valid petition is filed with
  2 33 the board of supervisors, proposing a public measure to
  2 34 relocate a county seat, establish an additional county seat,
  2 35 or consolidate county seats, the board shall propose a plan
  3  1 to implement the relocation, establishment, or consolidation
  3  2 within two years.
  3  3    The bill requires the county commissioner of elections
  3  4 to submit the public measure to the registered voters at the
  3  5 general election for the office of president of the United
  3  6 States next following the filing of the petition. A public
  3  7 measure to relocate, establish, or consolidate a county seat is
  3  8 adopted if the vote cast in favor is at least 60 percent of the
  3  9 total votes cast for and against the public measure. The board
  3 10 is required to implement its plan to relocate, establish, or
  3 11 consolidate county seats if the public measure is adopted.
  3 12    The bill provides that the notice of election required to
  3 13 be published shall contain a brief description of the proposed
  3 14 relocation, establishment, or consolidation and a summary of
  3 15 information provided by the board of supervisors on costs
  3 16 associated with implementing its plan and associated changes to
  3 17 county emergency services if the measure is adopted.
  3 18    The bill requires a county to have at least one, but not more
  3 19 than two, county seats at any one time and that a county seat
  3 20 must be located within the county. The bill requires that the
  3 21 board of supervisors dismiss a petition as invalid if adoption
  3 22 of the public measure would violate these requirements or if
  3 23 the petition is filed less than 82 days before the next general
  3 24 election for the office of president of the United States.
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