Senate
File
588
-
Enrolled
Senate
File
588
AN
ACT
CONCERNING
LOCAL
GOVERNMENT
NOTICE
REQUIREMENTS
ON
CERTAIN
ACTIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
24.2A,
subsection
4,
paragraph
b,
subparagraph
(2),
Code
2025,
is
amended
to
read
as
follows:
(2)
If
the
political
subdivision
is
a
city,
notice
of
the
public
hearing
shall
be
published
not
less
than
ten
nor
more
than
twenty
days
prior
to
the
hearing
pursuant
to
section
362.3
in
a
newspaper
published
at
least
once
weekly
and
having
general
circulation
in
the
city.
However,
if
the
city
has
a
population
of
two
hundred
or
less,
publication
may
be
made
by
posting
in
three
public
places
in
the
city.
Sec.
2.
Section
28E.17,
subsection
3,
paragraph
a,
subparagraph
(1),
Code
2025,
is
amended
to
read
as
follows:
(1)
The
council
shall
give
notice
and
conduct
a
hearing
on
the
proposal
in
the
manner
set
forth
in
section
384.25
.
However,
the
notice
must
be
published
at
least
ten
days
prior
to
the
hearing,
and
if
If
a
petition
valid
under
section
362.4
is
filed
with
the
clerk
of
the
city
prior
to
the
hearing,
asking
that
the
question
of
issuing
the
bonds
be
submitted
to
the
registered
voters
of
the
city,
the
council
shall
either
by
resolution
declare
the
proposal
abandoned
or
shall
direct
the
county
commissioner
of
elections
to
call
a
special
election
to
vote
upon
the
question
of
issuing
the
bonds.
Notice
of
the
election
and
its
conduct
shall
be
in
the
manner
provided
in
Senate
File
588,
p.
2
section
384.26
.
Sec.
3.
Section
103A.12,
subsection
2,
Code
2025,
is
amended
to
read
as
follows:
2.
A
governmental
subdivision
in
which
the
state
building
code
is
applicable
may
by
ordinance,
at
any
time
after
one
year
has
elapsed
since
the
code
became
applicable,
withdraw
from
the
application
of
the
code.
The
local
governing
body
shall
hold
a
public
hearing
pursuant
to
section
362.3
,
after
giving
not
less
than
four
but
not
more
than
twenty
days’
public
notice,
together
with
written
notice
to
the
commissioner
of
the
time,
place,
and
purpose
of
the
hearing,
before
the
ordinance
to
withdraw
is
voted
upon.
A
certified
copy
of
the
vote
of
the
local
governing
body
shall
be
transmitted
within
ten
days
after
the
vote
is
taken
to
the
commissioner.
The
ordinance
becomes
effective
at
a
time
to
be
specified
in
the
ordinance,
which
must
be
not
less
than
one
hundred
eighty
days
after
the
date
of
adoption.
Upon
the
effective
date
of
the
ordinance,
the
state
building
code
ceases
to
apply
to
the
governmental
subdivision
except
that
construction
of
a
building
or
structure
pursuant
to
a
permit
previously
issued
is
not
affected
by
the
withdrawal.
Sec.
4.
Section
368.3,
subsection
2,
Code
2025,
is
amended
to
read
as
follows:
2.
A
city
may
also
be
discontinued
in
accordance
with
the
following
procedures.
The
council
shall
adopt
a
resolution
of
intent
to
discontinue
and
shall
call
a
public
hearing
on
the
proposal
to
discontinue.
Notice
of
the
time
and
place
of
the
public
hearing
and
the
proposed
action
shall
be
published
as
provided
in
section
362.3
,
except
that
at
least
ten
days’
notice
must
be
given
.
At
the
public
hearing,
the
council
shall
receive
oral
and
written
comments
regarding
the
proposal
from
any
person.
Thereafter,
the
council,
at
the
same
meeting
or
at
a
subsequent
meeting,
may
pass
a
resolution
of
discontinuance
or
pass
a
resolution
abandoning
the
proposal.
If
the
council
passes
a
resolution
of
discontinuance,
a
petition
may
be
filed
with
the
clerk
in
the
manner
provided
in
section
362.4
,
within
thirty
days
following
the
effective
date
of
the
resolution,
requesting
that
the
question
of
discontinuance
be
submitted
to
the
registered
voters
of
the
city.
Upon
receipt
of
a
petition
requesting
an
election,
the
council
shall
direct
the
Senate
File
588,
p.
3
county
commissioner
of
elections
to
call
a
special
election
on
the
question
of
discontinuance
or
shall
adopt
a
resolution
abandoning
the
discontinuance.
Notice
of
the
election
shall
be
given
by
publication
as
required
in
section
49.53
.
If
a
majority
of
those
voting
approve
the
discontinuance
or
if
no
petition
for
an
election
is
filed,
the
clerk
shall
send
a
copy
of
the
resolution
of
discontinuance
and,
if
an
election
is
held,
the
results
of
the
election
to
the
board.
The
board
shall
take
control
of
the
property
of
the
discontinued
city
and
shall
supervise
procedures
necessary
to
carry
out
the
discontinuance
in
accordance
with
section
368.21
.
Sec.
5.
Section
368.15,
Code
2025,
is
amended
to
read
as
follows:
368.15
Public
hearing.
The
committee
shall
conduct
a
public
hearing
on
a
proposal
as
soon
as
practicable.
Notice
of
the
hearing
must
be
served
upon
the
council
of
each
city
for
which
a
discontinuance
or
boundary
adjustment
is
proposed,
the
county
board
of
supervisors
for
each
county
which
that
contains
a
portion
of
a
city
to
be
discontinued
or
territory
to
be
incorporated,
annexed,
or
severed,
and
any
regional
planning
authority
for
the
area
involved.
A
notice
of
the
hearing,
which
includes
a
brief
description
of
the
proposal
and
a
statement
of
where
the
petition
or
plan
is
available
for
public
inspection,
must
be
published
as
provided
in
section
362.3
,
except
that
there
must
be
two
publications
in
a
newspaper
having
general
circulation
in
each
city
and
each
territory
involved
in
the
proposal
.
Any
person
may
submit
written
briefs
,
and
,
in
the
committee’s
discretion,
may
be
heard
on
the
proposal.
The
board
may
subpoena
witnesses
and
documents
relevant
to
the
proposal.
Sec.
6.
Section
372.4,
subsection
4,
Code
2025,
is
amended
to
read
as
follows:
4.
In
a
city
having
a
population
of
less
than
five
hundred,
the
city
council
may
adopt
a
resolution
of
intent
to
reduce
the
number
of
council
members
from
five
to
three
and
shall
call
a
public
hearing
on
the
proposal.
Notice
of
the
time
and
place
of
the
public
hearing
shall
be
published
as
provided
in
section
362.3
,
except
that
at
least
ten
days’
notice
must
be
given
.
At
the
public
hearing,
the
council
shall
receive
oral
and
written
Senate
File
588,
p.
4
comments
regarding
the
proposal
from
any
person.
Thereafter,
the
council,
at
the
same
meeting
as
the
public
hearing
or
at
a
subsequent
meeting,
may
adopt
a
final
resolution
to
reduce
the
number
of
council
members
from
five
to
three
or
may
adopt
a
resolution
abandoning
the
proposal.
If
the
council
adopts
a
final
resolution
to
reduce
the
number
of
council
members
from
five
to
three,
a
petition
meeting
the
same
requirements
specified
in
section
362.4
for
petitions
authorized
by
city
code
may
be
filed
with
the
clerk
within
thirty
days
following
the
effective
date
of
the
final
resolution,
requesting
that
the
question
of
reducing
the
number
of
council
members
from
five
to
three
be
submitted
to
the
registered
voters
of
the
city.
Upon
receipt
of
a
petition
requesting
an
election,
the
council
shall
direct
the
county
commissioner
of
elections
to
put
the
proposal
on
the
ballot
for
the
next
regular
city
election.
If
the
ballot
proposal
is
adopted,
the
new
council
shall
be
elected
at
the
next
following
regular
city
election.
If
a
petition
is
not
filed,
the
council
shall
notify
the
county
commissioner
of
elections
by
July
1
of
the
year
of
the
regular
city
election
and
the
new
council
shall
be
elected
at
that
regular
city
election.
If
the
council
notifies
the
commissioner
of
elections
after
July
1
of
the
year
of
the
regular
city
election,
the
change
shall
take
effect
at
the
next
following
regular
city
election.
The
council
shall
determine
by
ordinance
whether
the
three
council
members
are
elected
at
large
or
by
ward.
Sec.
7.
Section
384.16,
subsection
3,
Code
2025,
is
amended
to
read
as
follows:
3.
Following,
and
not
until,
completion
of
requirements
of
section
24.2A
are
completed
,
the
council
shall
set
a
time
and
place
for
public
hearing
on
the
budget
before
the
final
certification
date
and
shall
publish
notice
of
the
hearing
not
less
than
ten
nor
more
than
twenty
days
before
the
hearing
pursuant
to
section
362.3
in
a
newspaper
published
at
least
once
weekly
and
having
general
circulation
in
the
city.
However,
if
the
city
has
a
population
of
two
hundred
or
less,
publication
may
be
made
by
posting
in
three
public
places
in
the
city.
A
summary
of
the
proposed
budget
and
a
description
of
the
procedure
for
protesting
the
city
budget
Senate
File
588,
p.
5
under
section
384.19
,
in
the
form
prescribed
by
the
director
of
the
department
of
management,
shall
be
included
in
the
notice.
Proof
of
publication
of
the
notice
under
this
subsection
3
must
be
filed
with
the
county
auditor.
The
department
of
management
shall
prescribe
the
form
for
the
public
hearing
notice
for
use
by
cities.
Sec.
8.
Section
384.38,
subsection
3,
paragraph
a,
Code
2025,
is
amended
to
read
as
follows:
a.
A
city
may
establish,
by
ordinance
or
by
resolution
adopted
as
an
ordinance
after
twenty
days’
notice
published
in
accordance
with
section
362.3
,
and
a
public
hearing,
one
or
more
districts
and
schedules
of
fees
for
the
connection
of
property
to
the
city
sewer
or
water
utility.
If
the
governing
body
directs
that
notice
be
made
by
mail,
the
notice
shall
be
as
required
in
section
384.50
.
Each
person
whose
property
will
be
served
by
connecting
to
the
city
sewer
or
water
utility
shall
pay
a
connection
fee
to
the
city.
The
ordinance
shall
be
certified
by
the
city
and
recorded
in
the
office
of
the
county
recorder
of
the
county
in
which
a
district
is
located.
The
connection
fees
are
due
and
payable
when
a
utility
connection
application
is
filed
with
the
city.
A
connection
fee
may
include
the
equitable
cost
of
extending
the
utility
to
the
properties,
including
reasonable
interest
from
the
date
of
construction
to
the
date
of
payment.
All
fees
collected
under
this
subsection
shall
be
paid
to
the
city
treasurer.
The
moneys
collected
as
fees
shall
only
be
used
for
the
purposes
of
operating
the
utility,
or
to
pay
debt
service
on
obligations
issued
to
finance
improvements
or
extensions
to
the
utility.
Sec.
9.
Section
384.50,
subsection
1,
Code
2025,
is
amended
to
read
as
follows:
1.
The
clerk
shall
publish
notice
of
the
date,
time,
and
place
of
the
hearing
once
each
week
for
two
consecutive
weeks
in
the
manner
provided
by
section
362.3
,
the
first
publication
of
which
shall
be
not
less
than
ten
days
before
the
date
of
the
hearing
.
Sec.
10.
Section
400.1,
subsection
1,
Code
2025,
is
amended
to
read
as
follows:
1.
In
cities
having
a
population
of
eight
thousand
or
over
and
having
a
paid
fire
department
or
a
paid
police
department,
Senate
File
588,
p.
6
the
mayor,
one
year
after
a
regular
city
election,
with
the
approval
of
the
council,
shall
appoint
three
civil
service
commissioners.
The
mayor
city
shall
publish
notice
of
the
names
of
persons
selected
for
appointment
no
less
than
thirty
days
prior
to
a
vote
by
the
city
council
pursuant
to
section
362.3
.
Commissioners
shall
hold
office,
one
until
the
first
Monday
in
April
of
the
second
year,
one
until
the
first
Monday
in
April
of
the
third
year,
and
one
until
the
first
Monday
in
April
of
the
fourth
year
after
such
appointment,
whose
successors
shall
be
appointed
for
a
term
of
four
years.
In
cities
having
a
population
of
more
than
seventy
thousand,
the
city
council
may
establish,
by
ordinance,
the
number
of
civil
service
commissioners
at
not
less
than
three.
Sec.
11.
Section
404.2,
subsection
6,
Code
2025,
is
amended
to
read
as
follows:
6.
The
city
or
county
has
adopted
the
proposed
or
amended
plan
for
the
revitalization
area
after
the
requisite
number
of
hearings.
The
city
or
county
may
subsequently
amend
this
plan
after
a
hearing.
Notice
of
the
hearing
shall
be
published
as
provided
in
section
362.3
or
331.305
,
except
that
at
least
seven
days’
notice
must
be
given
and
the
public
hearing
shall
not
be
held
earlier
than
the
next
regularly
scheduled
city
council
or
board
of
supervisors
meeting
following
the
published
notice
.
A
city
which
that
has
adopted
a
plan
for
a
revitalization
area
which
that
covers
all
property
within
the
city
limits
may
amend
that
plan
at
any
time,
pursuant
to
this
section
,
to
include
property
which
that
has
been
or
will
be
annexed
to
the
city.
The
provisions
of
the
original
plan
shall
be
applicable
to
the
property
which
that
is
annexed
and
the
property
shall
be
considered
to
have
been
part
of
the
revitalization
area
as
of
the
effective
date
of
its
annexation
to
the
city.
Sec.
12.
Section
414.4,
Code
2025,
is
amended
to
read
as
follows:
414.4
Zoning
regulations,
district
boundaries,
amendments.
The
council
of
the
city
shall
provide
for
the
manner
in
which
the
regulations
and
restrictions
and
the
boundaries
of
the
districts
shall
be
determined,
established,
and
enforced,
and
from
time
to
time
amended,
supplemented,
or
changed.
Senate
File
588,
p.
7
However,
the
regulation,
restriction,
or
boundary
shall
not
become
effective
until
after
a
public
hearing
at
which
parties
in
interest
and
citizens
shall
have
an
opportunity
to
be
heard.
The
notice
of
the
time
and
place
of
the
hearing
shall
be
published
as
provided
in
section
362.3
,
except
that
at
least
seven
days’
notice
must
be
given
and
in
no
case
shall
the
public
hearing
be
held
earlier
than
the
next
regularly
scheduled
city
council
meeting
following
the
published
notice
.
______________________________
AMY
SINCLAIR
President
of
the
Senate
______________________________
PAT
GRASSLEY
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
588,
Ninety-first
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2025
______________________________
KIM
REYNOLDS
Governor