| LAWS OF THE 2001 REGULAR SESSION OF THE SEVENTY-NINTH GENERAL ASSEMBLY OF THE STATE OF IOWA |
Section 1. Section 28E.22, unnumbered paragraph 1, Code 2001, is amended to read as follows:
The board of supervisors, or the city councils of a district composed only of cities,
may, and upon receipt of a petition signed by eligible electors residing in the district equal
in number to at least five percent of the registered voters
residing
in the district shall, submit
a proposition to the electorate residing in the district at any general election or at a
special election held throughout the district. The proposition shall provide for the establishment
of a public safety fund and the levy of a tax on taxable property located in the district at
rates not exceeding the rates specified in this section for the purpose of providing
additional moneys for the operation of the district.
Sec. 2. Section 28E.28A, subsection 1, Code 2001, is amended to read as follows:
1.After five years from the date that a district is established, the public safety
commission, upon receipt of a petition signed by
eligible electors residing within the district equal
in number to at least fifteen percent of the registered voters
residing
in the district, shall
submit a proposition to the electorate of the district at the next general election to discontinue
the annual levy for unified law enforcement services in the district. If a majority of the
registered voters in each city and the unincorporated area of the county, as applicable, approve
the proposition, the tax levy shall be discontinued.
Sec. 3. Section 39.22, subsection 1, unnumbered paragraph 2, Code 2001, is amended to read as follows:
The election of the trustees and clerk of a township may be restored after approval of
the appointment process under this subsection by a resolution of the board of supervisors
submitting the question to the registered voters who are eligible to vote for township officers
of the township at the next general election. If the proposition to restore the election process
is approved by a majority of those voting on the question, the election of the township
officers shall commence with the next primary and general elections. A resolution submitting
the question of restoring the election of township officers at the next general election shall
be adopted by the board of supervisors upon receipt of
a petition of signed by eligible
electors residing in the township equal in number
to at least ten percent of the registered voters of
a township. The initial terms of the trustees shall be determined by lot, one for two years,
and two for four years. However, if a proposition to change the method of selecting
township officers is adopted by the electorate, a resolution to change the method shall not be
submitted to the electorate for four years.
Sec. 4. Section 53.37, Code 2001, is amended by adding the following new unnumbered paragraph:
NEW UNNUMBERED PARAGRAPH.For the purposes of this division, "qualified voter" means a person who is included within the term "armed forces of the United States" as described in this section, who would be qualified to register to vote under section 48A.5, subsection 2, except for residency, and who is not disqualified from registering to vote and voting under section 48A.6.
Sec. 5. Section 62.17, Code 2001, is amended to read as follows:
62.17 VOTERS REQUIRED TO TESTIFY.
The court may require any person called as a witness, who voted at such election, to
answer touching the person's qualifications as a voter, and, if the person was not a
qualified
registered voter in the county where the person voted, then to answer for whom the person voted.
Sec. 6. Section 66.3, subsection 3, Code 2001, is amended to read as follows:
3.As to any other officer, by five qualified
electors
registered voters of the district,
county, or municipality where the duties of the office are to be performed.
Sec. 7. Section 69.4, subsection 3, Code 2001, is amended to read as follows:
3.By senators and representatives in Congress, all officers elected by the
qualified
registered voters in the state or any district or division thereof larger than a county, or chosen
by the general assembly, all judges of courts of record, all officers, trustees, inspectors,
and members of all boards and commissions now or hereafter created under the laws of the
state, and all persons filling any position of trust or profit in the state, for which no other
provision is made, to the governor.
Sec. 8. Section 145A.6, Code 2001, is amended to read as follows:
145A.6 PETITION OF PROTEST.
The plans formulated for the area hospital shall be deemed approved unless, within
sixty days after the third and final publication of the order, a petition protesting the proposed
plan containing the signatures of at least five percent of the
qualified
registered voters of
any political subdivision within the proposed merged area is filed with the respective officials
of the protesting petitioners.
Sec. 9. Section 145A.7, Code 2001, is amended to read as follows:
145A.7 SPECIAL ELECTION.
When a protesting petition is received, the officials receiving the petition shall call
a special election of all
qualified
registered voters of that political subdivision for the
purpose of approving or rejecting the order setting out the proposed merger plan. The vote will
be taken by ballot in the form provided by sections 49.43 to 49.47, and the election shall
be initiated and held as provided in chapter 49. A majority vote of those
qualified
registered voters voting at said special election shall be sufficient to approve the order and thus
include the political subdivision within the merged area.
Sec. 10. Section 176A.8, subsection 3, unnumbered paragraph 2, Code 2001, is amended to read as follows:
The council shall also provide for the nomination by petition of candidates for election
to membership on the extension council. A nominating petition shall be signed by at
least twenty-five registered
voters
eligible electors of the extension district and shall be filed
with the county commissioner of elections at least sixty-nine days before the date of the election.
Sec. 11. Section 256.11, subsection 10, paragraph b, Code 2001, is amended to read as follows:
b.In response to a petition filed with the director requesting such a committee
visitation that is signed by eligible electors residing in the school district equal in number to at
least twenty percent or
more
of the registered voters of
a
the school district.
Sec. 12. Section 275.12, subsection 1, Code 2001, is amended to read as follows:
1.A petition describing the boundaries, or accurately describing the area included
therein by legal descriptions, of the proposed district, which boundaries or area described
shall conform to plans developed or the petition shall request change of the plan, shall be
filed with the area education agency administrator of the area education agency in which
the greatest number of registered voters reside. However, the area education agency
administrator shall not accept a petition if any of the school districts affected have approved the
issuance of general obligation bonds at an election pursuant to section 296.6 during the
preceding six-month period. The petition shall be signed by
registered voters
eligible
electors residing in each existing school district or portion affected equal in number to at
least twenty percent of the number of registered voters
in the school district or portion affected,
or four hundred registered
voters
eligible electors, whichever is the smaller number.
Sec. 13. Section 275.51, unnumbered paragraph 1, Code 2001, is amended to read as follows:
As an alternative to school district reorganization prescribed in this chapter, the board
of directors of a school district may establish a school district dissolution commission
to prepare a proposal of dissolution of the school district and attachment of all of the
school district to one or more contiguous school districts and to include in the proposal a
division of the assets and liabilities of the dissolving school district. A school district
dissolution commission shall be established by the board of directors of a school district if a
dissolution proposal has been prepared by registered
voters
eligible electors who reside within
the district. The proposal must contain the names of the proposed members of the
commission and be accompanied by a petition which has been signed by
eligible electors residing in the school district equal in number
to at least twenty percent of the registered voters
in the school district.
Sec. 14. Section 298.18, unnumbered paragraph 4, Code 2001, is amended to read as follows:
The amount estimated and certified to apply on principal and interest for any one
year may exceed two dollars and seventy cents per thousand dollars of assessed value by
the amount approved by the voters of the school corporation, but not exceeding four dollars
and five cents per thousand of the assessed value of the taxable property within any
school corporation, provided that the qualified
registered voters of such school corporation
have first approved such increased amount at a special election, which may be held at the
same time as the regular school election. The proposition submitted to the voters at such
special election shall be in substantially the following form:
Sec. 15. Section 301.24, Code 2001, is amended to read as follows:
301.24 PETITION — ELECTION.
Whenever a petition signed by eligible electors residing in the school district equal
in number to at least ten percent of the qualified
registered voters
in the school district, to be determined by the school board of any school district, shall be filed with the secretary
thirty days or more before the regular election, asking that the question of providing free
textbooks for the use of pupils in the public schools thereof be submitted to the voters at the next
regular election, the secretary shall cause notice of such proposition to be given in the notice of such election.
Sec. 16. Section 303.42, unnumbered paragraph 1, Code 2001, is amended to read as follows:
Ten
Eligible electors residing within the limits of a proposed land use district equal
in number to at least ten percent or more of the
qualified
registered voters residing within
the limits of a proposed land use district may file a petition in the office of the county auditor
of the county in which the proposed land use district, or its major portion, is located,
requesting that there be submitted to the
qualified
registered voters of the proposed district
the question of whether the territory within the boundaries of the proposed district shall
be organized as a land use district under this subchapter. The petition shall be addressed to
the board of supervisors of the county where it is filed and shall set forth the following:
Sec. 17. Section 303.45, Code 2001, is amended to read as follows:
303.45 HEARING OF PETITION AND ORDER.
The board of supervisors to whom the petition is addressed shall preside at the
hearing provided for in section 303.44 and shall continue the hearing in session, with
adjournments from day to day, if necessary, until completed, without being required to give any
further notice of it. Proof of the residence and qualification of the petitioners as
qualified voters eligible
electors shall be made by affidavit or otherwise as the board may direct. The
board shall consider the boundaries of the proposed land use district, whether they shall be
as described in the petition or otherwise, and for that purpose may alter and amend the
petition and limit or change the boundaries of the proposed district as stated in the petition.
The boundaries of a proposed district shall not be changed to include property not included
in the original petition and published notice until the owner of that property is given notice
as on the original hearing. All persons in the proposed district shall have an opportunity to
be heard regarding the location and boundaries of the proposed district and to make
suggestions regarding them. The board of supervisors, after hearing the statements, evidence,
and suggestions made and offered at the hearing, shall enter an order fixing the boundaries
of the proposed district and directing that an election be held for the purpose of submitting
to the qualified
registered voters residing within the boundaries of the proposed district
the question of organization and establishment of the proposed land use district as
determined by the board of supervisors. The order shall fix a date for the election not more than
sixty days after the date of the order, establish voting precincts within the proposed district
and define their boundaries, and specify the polling places which in the board's judgment
will best serve the convenience of the voters, and shall appoint from residents of the
proposed district three judges and two clerks of election for each voting precinct established.
Sec. 18. Section 303.47, Code 2001, is amended to read as follows:
303.47 ELECTION.
Each qualified
registered voter residing within the proposed district may cast a ballot
at the election and a person shall not vote in any precinct but that of the person's residence.
Ballots at the election shall be in substantially the following form:
For Land Use District ____________
Against Land Use District ____________
PARAGRAPH DIVIDED. The election shall be conducted in the manner provided by law for general elections and the ballots so cast shall be issued, received, returned, and canvassed in the same manner and by the same officers, in the county whose board of supervisors is vested with jurisdiction of the proceedings, as provided by law in the case of ballots cast for county officers, except as modified by this subchapter. The board of supervisors shall cause a statement of the result of the election to be spread upon the records of the county auditor. If a majority of the votes cast upon the question of incorporation of the proposed district is in favor of the proposed district, the proposed district becomes an organized district under this subchapter.
Sec. 19. Section 303.52A, Code 2001, is amended to read as follows:
303.52A INCLUSION OR EXCLUSION OF LAND.
If at least sixty percent of the qualified electors
registered voters of a land area petition
the board of supervisors for inclusion in or exclusion from a land use district, the board
shall review the petition and determine if the petition contains a sufficient number of
qualified electors registered
voters residing in the affected land area and, if the petition is
sufficient, submit it to the board of trustees of the land use district. The land area to be included in
or excluded from the land use district must be contiguous to the land use district. If two
thirds of the membership of the board of trustees vote in favor of the petition, the petition shall
be granted and the land area included in or excluded from the district.
Sec. 20. Section 330A.17, Code 2001, is amended to read as follows:
330A.17 STATUTE COMPLETE AND ADDITIONAL AUTHORITY.
The powers conferred by this chapter shall be in addition and supplemental to any
other law and this chapter shall not be construed so as to repeal any other law, except to the
extent of any conflict between the provisions of this chapter and the provisions of any other law,
in which event the provisions of this chapter shall be controlling and shall, to the extent of
any such conflict, supersede the provisions of any other law. This chapter is intended to
and shall provide an alternative and complete method for the exercise of the powers granted
by this chapter, and the aviation facilities authorized by this chapter may be constructed,
acquired, or improved and bonds or other obligations issued pursuant to this chapter
upon compliance with the provisions of this chapter without regard to or necessity for
compliance with the limitations or restrictions contained in any other law. No approval of the
qualified electors registered
voters or qualified freeholders of the state, or of any other political
subdivision or taxing unit or agency thereof, or of the member municipalities shall be required
for the issuance of any bonds by an authority pursuant to this chapter.
Sec. 21. Section 331.205, subsection 1, Code 2001, is amended to read as follows:
1.In a county where there is a city operating under the commission form of government with a population of more than seventy-five thousand, the petition to increase or reduce the number of members of the board must contain signatures of eligible electors residing inside the county and outside of the corporate limits of the city equal in number to at least ten percent of the registered voters residing within the county and outside of the corporate limits of the city and signatures of eligible electors residing within the city equal in number to at least ten percent of the registered voters residing within the city.
Sec. 22. Section 331.441, subsection 2, paragraph b, subparagraph (7), Code 2001, is amended to read as follows:
(7)Enlargement and improvement of a county hospital acquired and operated
under chapter 347A, subject to a maximum of two percent of the assessed value of the
taxable property in the county. However, notice of the proposed bond issue shall be published
once each week for two consecutive weeks and if, within twenty days following the date of
the first publication, a petition requesting an election on the proposal and signed by
qualified voters eligible
electors of the county equal in number to at least twenty percent of the
votes cast at the preceding election for governor is filed with the county auditor, the proposal
is subject to the election requirements in section 331.442, subsections 2, 3 and 4 for
general county purpose bonds.
Sec. 23. Section 331.441, subsection 2, paragraph b, subparagraph (12), subparagraph subdivision (b), Code 2001, is amended to read as follows:
(b)General obligation bonds for the purposes described in this subparagraph are
subject to an election held in the manner provided in section 331.442, subsections 1 through 4, if
not later than fifteen days following the action by the county board of supervisors,
eligible voters
electors file a petition with the county commissioner of elections asking that
the question of issuing the bonds be submitted to the registered voters of the special service
area tax district. The petition must be signed by
eligible electors equal in number to at least
five percent of the registered voters residing in the special service area tax district. If the
petition is duly filed within the fifteen days, the board of supervisors shall either adopt a
resolution declaring that the proposal to issue the bonds is abandoned, or direct the county
commissioner of elections to call a special election within a special service area tax district upon the question of issuing the bonds.
Sec. 24. Section 331.461, subsection 2, paragraph d, Code 2001, is amended to read as follows:
d.The equipment, enlargement, and improvement of a county public hospital
previously established and operating under chapter 347, including acquisition of the necessary
lands, rights of way, and other property, subject to approval by the board of hospital trustees.
However, notice of the proposed bond issue shall be published at least once each week
for two consecutive weeks and if, within thirty days following the date of the first publication,
a petition requesting an election on the proposal and signed by
qualified voters eligible
electors of the county equal to at least twenty percent of the votes cast at the preceding election
for governor is filed with the county auditor, the proposal is subject to the election
requirements in section 331.442, subsections 2, 3 and 4, for general county purpose bonds. Bonds
issued under this paragraph shall mature in not more than thirty years from date of issuance.
Sec. 25. Section 336.18, subsection 2, paragraph a, Code 2001, is amended to read as follows:
a.Contracts shall provide for the amount to be contributed. They may, by mutual
consent of the contracting parties, be terminated at any time. They may also be terminated by
a majority of the voters represented by either of the contracting parties, voting on a
proposition to terminate which shall be submitted by the governing body upon a written petition
of qualified voters
eligible
electors in a number not less than five percent of those who voted
in the area for president of the United States or governor at the last general election.
Sec. 26. Section 336.18, subsection 4, paragraph a, Code 2001, is amended to read as follows:
a.Qualified
Eligible electors of that part of any county outside of cities in a number of
not less than twenty-five percent of those in the area who voted for president of the United
States or governor at the last general election may petition the board of supervisors to submit
the proposition of requiring the board to provide library service for them and their area
by contract as provided by this section.
Sec. 27. Section 347.23, unnumbered paragraph 1, Code 2001, is amended to read as follows:
Any hospital organized and existing as a city hospital may become a county
hospital organized and managed as provided for in this chapter, upon a proposition for such
purpose being submitted to and approved by a majority of the electors of both the city in which
such hospital is located, and of the county under whose management it is proposed that
such hospital be placed, at any general or special election called for such purpose. The
proposition shall be placed upon the ballot by the board of supervisors when requested by a
petition therefor signed by qualified
eligible electors of the county equal in number to five percent
of the votes cast for president of the United States or governor, as the case may be, at the
last general election. The proposition may be submitted at the next general election or at
a special election called therefor for that
purpose. Upon the approval of the proposition
the hospital, its assets and liabilities, will become the property of the county and this
chapter will govern its future management. The question shall be submitted in substantially
the following form: "Shall the municipal hospital of ................................, Iowa, be
transferred to and become the property of, and be managed by the county of ................................, Iowa?"
Sec. 28. Section 347.23A, subsection 2, unnumbered paragraph 1, Code 2001, is amended to read as follows:
The proposition shall be placed upon the ballot by the board of supervisors if requested
by the hospital's board of trustees or governing commission and the request is endorsed by
a petition for this purpose signed by
qualified
eligible electors of the county equal in
number to five percent of the votes cast for president of the United States or governor, as the case
may be, at the last general election. Upon the approval of the proposition the hospital, its
assets and liabilities, shall become the property of the county and this chapter shall govern
its future management.
Sec. 29. Section 359.8, Code 2001, is amended to read as follows:
359.8 DIVISION — EFFECT.
If the petition is signed by a majority of the
qualified electors registered
voters of the township residing without the corporate limits of the city, the board of supervisors
shall divide the township into two townships, as petitioned; but, except for election
purposes, including the appointment of precinct election officials rendered necessary by the
change, the division shall not take effect until the first day of January following the next
general election which is not a Sunday or a legal holiday.
Sec. 30. Section 359.17, Code 2001, is amended to read as follows:
359.17 TRUSTEES — DUTIES — MEETINGS.
The board of township trustees in each township shall consist of three
qualified electors
registered
voters of the township. The trustees shall act as fence viewers and shall
perform other duties assigned them by law. The board of trustees shall meet not less than two times
a year. At least one of the meetings shall be scheduled to meet the requirements of section 359.49.
Sec. 31. Section 368.11, unnumbered paragraph 1, Code 2001, is amended to read as follows:
A petition for incorporation, discontinuance, or boundary adjustment may be filed
with the board by a city council, a county board of supervisors, a regional planning authority,
or five percent of the qualified
electors
registered voters of a city or territory involved in
the proposal. Notice of the filing, including a copy of the petition, must be served upon
the council of each city for which a discontinuance or boundary adjustment is proposed,
the board of supervisors for each county which contains a portion of a city to be discontinued
or territory to be incorporated, annexed or severed, the council of a city if an
incorporation includes territory within the city's urbanized area, and any regional planning authority
for the area involved.
Sec. 32. Section 384.19, unnumbered paragraph 1, Code 2001, is amended to read as follows:
Within a period of ten days after the final date that a budget or amended budget may
be certified to the county auditor, persons affected by the budget may file a written protest
with the county auditor, specifying their objections to the budget or any part of it. A protest
must be signed by qualified electors
registered voters equal in number to one-fourth of one
percent of the votes cast for governor in the last preceding general election in the city, but the
number shall not be less than ten persons and the number need not be more than one
hundred persons.
Sec. 33. Section 384.84A, subsection 2, unnumbered paragraph 1, Code 2001, is amended to read as follows:
If, before the date fixed for taking action to authorize the issuance of revenue bonds for the storm water drainage construction project, a petition signed by eligible electors residing within the city equal in number to at least three percent of the registered voters of the city, asking that the question of issuing revenue bonds for the storm water drainage construction project be submitted to the registered voters of the city, the council, by resolution, shall declare the project abandoned or shall direct the county commissioner of elections to call a special election upon the question of issuing the bonds for the storm water drainage construction project if the cost of the project and population of the city meet one of the following criteria:
Sec. 34. Section 422A.2, subsection 4, paragraph f, unnumbered paragraph 2, Code 2001, is amended to read as follows:
If at any time before the date fixed for taking action for the issuance of the bonds, a petition signed by eligible electors residing in the city or the unincorporated area equal in number to at least three percent of the registered voters of the city or unincorporated area, asking that the question of issuing the bonds be submitted to the registered voters of the city or unincorporated area, the council or board of supervisors acting on behalf of an unincorporated area shall either by resolution declare the proposal to issue the bonds to have been abandoned or shall direct the county commissioner of elections to call a special election upon the question of issuing the bonds.
Sec. 35. Section 422B.12, subsection 4, paragraph a, unnumbered paragraph 2, Code 2001, is amended to read as follows:
If at any time before the date fixed for taking action for the issuance of the bonds, a petition signed by eligible electors residing within the jurisdiction seeking to issue the bonds in a number equal to at least three percent of the registered voters of the bond issuer is filed, asking that the question of issuing the bonds be submitted to the registered voters, the governing body shall either by resolution declare the proposal to issue the bonds to have been abandoned or shall direct the county commissioner of elections to call a special election upon the question of issuing the bonds. The proposition of issuing bonds under this subsection is not approved unless the vote in favor of the proposition is equal to at least sixty percent of the vote cast. If a petition is not filed, or if a petition is filed and the proposition of issuing the bonds is approved at an election, the governing body acting on behalf of the issuer may proceed with the authorization and issuance of the bonds. Bonds may be issued for the purpose of refunding outstanding and previously issued bonds under this subsection without otherwise complying with the provisions of this subsection.
Sec. 36. Section 468.514, Code 2001, is amended to read as follows:
468.514 BALLOTS — PETITION FOR PRINTED BALLOTS.
Candidates for drainage district trustee shall have their names placed on printed
ballots provided a petition therefor is signed by ten qualified
electors
voters of the district and
filed with the clerk of the board at least twenty-five days but not more than sixty-five days
before the election. Space shall also be provided on the ballot for write-in votes.
Sec. 37. Section 602.1216, Code 2001, is amended to read as follows:
602.1216 RETENTION OF CLERKS OF THE DISTRICT COURT.
A clerk of the district court shall stand for retention in office, in the county of the
clerk's office, upon the petition
of
signed by eligible electors residing in the county equal in
number to at least ten percent of all qualified
electors
registered voters in the county to the
state commissioner of elections, at the judicial election in 1988 and every four years
thereafter, under sections 46.17 through 46.24. The petition shall be filed in the office of the
state commissioner not later than one hundred twenty days before the general election. A
clerk who is not retained in office is ineligible to serve as clerk, in the county in which the
clerk was not retained, for the four years following the retention vote.
Sec. 38. Section 722.7, subsection 9, Code 2001, is amended to read as follows:
9.Refuses or rejects the vote of any qualified
registered voter.
Approved April 19, 2001
Updated: 25-Oct-2001 04:27 PM
rc/sw