House File 367
HOUSE FILE
BY HUSER
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to state of disaster or public disorder
2 proclamations in cities and counties.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 2198HH 80
5 av/cl/14
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 a time
1 31 state of emergency disaster or public danger disorder 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