Text: HF00366 Text: HF00368 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 331.652, Code 2003, is amended by 1 2 adding the following new subsection: 1 3 NEW SUBSECTION. 10. The sheriff may govern the county by 1 4 proclamation, upon making a determination that a state of 1 5 disaster or public disorder exists as defined in section 1 6 29C.2. A proclamation of a state of disaster or public 1 7 disorder shall continue for a period of thirty days unless 1 8 terminated sooner by the sheriff. If at the end of thirty 1 9 days the sheriff determines that the state of disaster or 1 10 public disorder continues, the proclamation may be extended by 1 11 the sheriff, in writing, for an additional thirty-day period. 1 12 If at the end of this period the sheriff determines that the 1 13 state of disaster or public disorder continues, the sheriff 1 14 may extend the proclamation for as long as is necessary to 1 15 allow the board of supervisors to hold a public hearing to 1 16 consider whether the proclamation should be extended again. 1 17 Notice of the date, time, and place of the public hearing 1 18 shall be published once in the manner provided by section 1 19 362.3, with publication not less than five days before the 1 20 date of the hearing. The hearing shall be held not less than 1 21 five days and not more than ten days after the thirty-day 1 22 extension of the proclamation has ended. Following the 1 23 hearing, the board of supervisors shall, by majority vote, 1 24 rescind the proclamation or extend the proclamation, by 1 25 resolution, for such a period of time as the board of 1 26 supervisors deems necessary. 1 27 Sec. 2. Section 372.14, subsection 2, Code 2003, is 1 28 amended to read as follows: 1 29 2. The mayor may take command of the police and govern the 1 30 city by proclamation, upon making a determination that atime1 31 state ofemergencydisaster or publicdangerdisorder exists 1 32 as defined in section 29C.2. A proclamation of a state of 1 33 disaster or public disorder shall continue for a period of 1 34 thirty days unless terminated sooner by the mayor. If at the 1 35 end of thirty days the mayor determines that the state of 2 1 disaster or public disorder continues, the proclamation may be 2 2 extended by the mayor, in writing, for an additional thirty- 2 3 day period. If at the end of this period the mayor determines 2 4 that the state of disaster or public disorder continues, the 2 5 mayor may extend the proclamation for as long as is necessary 2 6 to allow the city council to hold a public hearing to consider 2 7 whether the proclamation should be extended again. Notice of 2 8 the date, time, and place of the public hearing shall be 2 9 published once in the manner provided by section 362.3, with 2 10 publication not less than five days before the date of the 2 11 hearing. The hearing shall be held not less than five days 2 12 and not more than ten days after the thirty-day extension of 2 13 the proclamation has ended. Following the hearing, the city 2 14 council shall, by majority vote, rescind the proclamation or 2 15 extend the proclamation, by resolution, for such a period of 2 16 time as the city council deems necessary. Within the city 2 17 limits, the mayor has all the powers conferred upon the 2 18 sheriff to suppress disorders. 2 19 EXPLANATION 2 20 This bill provides that a city mayor or a county sheriff 2 21 may govern a city or county by proclamation after making a 2 22 determination that a state of disaster or public disorder 2 23 exists. The bill provides that the proclamation continues for 2 24 a period of 30 days unless terminated sooner by the mayor or 2 25 sheriff. 2 26 If the mayor or sheriff determines that a state of disaster 2 27 or public disorder exists at the end of 30 days, the mayor or 2 28 sheriff may extend the proclamation, in writing, for another 2 29 30 days. 2 30 If at the end of the second 30-day period, the mayor or 2 31 sheriff determines that the state of disaster or public 2 32 disorder still continues, the mayor or sheriff may extend the 2 33 proclamation for as long as is necessary to allow the city 2 34 council or board of supervisors to hold a public hearing to 2 35 consider whether the proclamation should be extended again. 3 1 Notice of the date, time, and place of the public hearing must 3 2 be published in the manner provided by Code section 362.3 with 3 3 publication to be made not less than five days before the date 3 4 of the hearing. The hearing must be held not less than five 3 5 days and not more than 10 days after the 30-day extension of 3 6 the proclamation has ended. Following the hearing the city 3 7 council or board of supervisors, by majority vote, shall 3 8 either rescind the proclamation or extend the proclamation for 3 9 the period of time that the city council or board of 3 10 supervisors deems necessary. 3 11 LSB 2198HH 80 3 12 av/cl/14
Text: HF00366 Text: HF00368 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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