Iowa General Assembly Daily Bills, Amendments & Study Bills March 17, 2009



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HF 766

House File 766 - Introduced

HOUSE FILE

BY COMMITTEE ON STATE

GOVERNMENT


(SUCCESSOR TO HF 295)

Passed House, Date Passed Senate, Date

Vote: Ayes Nays Vote: Ayes Nays

Approved


A BILL FOR
1 An Act relating to special elections by modifying the time period

2 after which certain city or school district proposals defeated

3 at election may be resubmitted to the voters and providing an

4 effective date.

5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

6 TLSB 2097HV 83

7 sc/nh/14

House File 766 - Introduced continued


PAG LIN

1 1 Section 1. Section 75.1, subsection 2, Code 2009, is

1 2 amended to read as follows:

1 3 2. a. When a proposition to authorize an issuance of

1 4 bonds has been submitted to the electors under this section

1 5 and the proposal fails to gain approval by the required

1 6 percentage of votes, such proposal, or any proposal which

1 7 incorporates any portion of the defeated proposal, shall not

1 8 be submitted to the electors for a period of six months from

1 9 the date of such regular or special election and may only be

1 10 submitted on a date specified in section 39.2, subsection 4,

1 11 paragraph "a", "b", or "c", as applicable.

1 12 b. Notwithstanding the six=month time period in paragraph


1 13 "a", if a proposition is submitted on behalf of a school

1 14 district and the proposal fails to gain approval by the

1 15 required percentage of votes, such proposal, or any proposal

1 16 which incorporates any portion of the defeated proposal, shall

1 17 not be submitted to the electors until the date of the second

1 18 special election, as specified in section 39.2, subsection 4,

1 19 paragraph "c", following the election at which the proposal

1 20 was defeated or the date of the regular school election,

1 21 whichever is the earlier.

1 22 c. Notwithstanding the six=month time period in paragraph



1 23 "a", if a proposition is submitted on behalf of a city and the

1 24 proposal fails to gain approval by the required percentage of

1 25 votes, such proposal, or any proposal which incorporates any

1 26 portion of the defeated proposal, shall not be submitted to

1 27 the electors until the date of the second special election, as

1 28 specified in section 39.2, subsection 4, paragraph "b",

1 29 following the election at which the proposal was defeated or


1 30 the date of the regular city election, whichever is the

1 31 earlier.

1 32 Sec. 2. Section 257.27, Code 2009, is amended to read as

1 33 follows:

1 34 257.27 CONTINUATION OF INSTRUCTIONAL SUPPORT PROGRAM.

1 35 1. At the expiration of the period for which the
House File 766 - Introduced continued
2 1 instructional support program was adopted, the program may be

2 2 extended for a period of not exceeding five or ten years in

2 3 the manner provided in section 257.18.

2 4 2. If the voters do not approve adoption of the

2 5 instructional support program, the board shall wait at least

2 6 one hundred twenty days following the election before taking

2 7 action to adopt the program or resubmit the a proposition to

2 8 approve the program shall not be submitted anew to the

2 9 registered voters of the school district, either by resolution

2 10 or petition, until the date of the second special election, as

2 11 specified in section 39.2, subsection 4, paragraph "c",

2 12 following the election at which the proposal was defeated or

2 13 the date of the regular school election, whichever is the

2 14 earlier.

2 15 Sec. 3. EFFECTIVE DATE. This Act, being deemed of

2 16 immediate importance, takes effect upon enactment.

2 17 EXPLANATION

2 18 This bill makes changes relating to the time period after

2 19 which certain city and school district proposals defeated at

2 20 election may be resubmitted to the voters.

2 21 Under current law, if a proposal to issue bonded

2 22 indebtedness is defeated by the electorate, the proposition,

2 23 or any portion of the proposition, shall not be submitted to

2 24 the voters for six months following the date of the election

2 25 at which it was defeated. The bill provides that following

2 26 defeat at an election of a city bond issuance or a school

2 27 district bond issuance, the same or similar proposition shall

2 28 not be submitted to the electorate until the earlier of the

2 29 date of the second special election, as set by statute,

2 30 following the election at which it was defeated or the date of

2 31 the regular city election or regular school election, as

2 32 applicable.

2 33 Also, under current law, if a proposition to adopt an

2 34 instructional support program is defeated by the voters, the

2 35 school district board of directors may not take action to

House File 766 - Introduced continued
3 1 adopt, by election or otherwise, an instructional support

3 2 program until 120 days have passed following the election at

3 3 which the proposition was defeated. The bill provides that

3 4 following defeat at an election of a proposition to adopt an

3 5 instructional support program, another proposition to adopt

3 6 such a program shall not be submitted to the electorate until

3 7 the date of the second special election, as set by statute,

3 8 following the election at which it was defeated or the date of

3 9 the regular school election, whichever is the earlier.

3 10 The bill takes effect upon enactment.

3 11 LSB 2097HV 83

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