House File 11 - Introduced
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 publication of certain notices in small
2 cities.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 1251YH 81
5 eg/gg/14
PAG LIN
1 1 Section 1. Section 24.9, unnumbered paragraph 1, Code
1 2 2005, is amended to read as follows:
1 3 Each municipality shall file with the secretary or clerk
1 4 thereof the estimates required to be made in sections 24.3 to
1 5 24.8, at least twenty days before the date fixed by law for
1 6 certifying the same to the levying board and shall forthwith
1 7 fix a date for a hearing thereon, and shall publish such
1 8 estimates and any annual levies previously authorized as
1 9 provided in section 76.2, with a notice of the time when and
1 10 the place where such hearing shall be held not less than ten
1 11 nor more than twenty days before the hearing. Provided that
1 12 However, in municipalities of less than two five hundred
1 13 population such estimates and the notice of hearing thereon
1 14 shall be posted in three public places in the district in lieu
1 15 of publication.
1 16 Sec. 2. Section 362.3, subsection 2, Code 2005, is amended
1 17 to read as follows:
1 18 2. A publication required by the city code must be in a
1 19 newspaper published at least once weekly and having general
1 20 circulation in the city. However, if the city has a
1 21 population of two five hundred or less, or in the case of
1 22 ordinances and amendments to be published in a city in which
1 23 no newspaper is published, a publication may be made by
1 24 posting in three public places in the city which have been
1 25 permanently designated by ordinance.
1 26 In the case of notices of elections, a city with a
1 27 population of two five hundred or less meets the publication
1 28 requirement of this section by posting notices of elections in
1 29 three public places which have been designated by ordinance.
1 30 Sec. 3. Section 372.13, subsection 6, Code 2005, is
1 31 amended to read as follows:
1 32 6. Within fifteen days following a regular or special
1 33 meeting of the council, the clerk shall cause the minutes of
1 34 the proceedings of the council, including the total
1 35 expenditure from each city fund, to be published in a
2 1 newspaper of general circulation in the city. The publication
2 2 shall include a list of all claims allowed and a summary of
2 3 all receipts and shall show the gross amount of the claim.
2 4 Matters discussed in closed session pursuant to section 21.3
2 5 shall not be published until entered on the public minutes.
2 6 However, in cities having more than one hundred fifty thousand
2 7 population the council shall each month print in pamphlet form
2 8 a detailed itemized statement of all receipts and
2 9 disbursements of the city, and a summary of its proceedings
2 10 during the preceding month, and furnish copies to the city
2 11 library, the daily newspapers of the city, and to persons who
2 12 apply at the office of the city clerk, and the pamphlet shall
2 13 constitute publication as required. Failure by the clerk to
2 14 make publication is a simple misdemeanor. The provisions of
2 15 this subsection are applicable in cities in which a newspaper
2 16 is published, or in cities of two five hundred population or
2 17 over, but in all other cities, posting the statement in three
2 18 public places in the city which have been permanently
2 19 designated by ordinance is sufficient compliance with this
2 20 subsection.
2 21 Sec. 4. Section 384.16, subsection 3, Code 2005, is
2 22 amended to read as follows:
2 23 3. The council shall set a time and place for public
2 24 hearing on the budget before the final certification date and
2 25 shall publish notice of the hearing not less than ten nor more
2 26 than twenty days before the hearing in a newspaper published
2 27 at least once weekly and having general circulation in the
2 28 city. However, if the city has a population of two five
2 29 hundred or less, publication may be made by posting in three
2 30 public places in the city. A summary of the proposed budget
2 31 shall be included in the notice. Proof of publication must be
2 32 filed with the county auditor. The department of management
2 33 shall prescribe the form for the public hearing notice for use
2 34 by cities.
2 35 EXPLANATION
3 1 This bill applies the criteria for publication of city
3 2 notices, currently applicable to cities with a population of
3 3 200 or less, to cities with a population of 500 or less.
3 4 Current law allows a city with a population of 200 or less to
3 5 publish required notices by posting the notice in three public
3 6 places, as opposed to newspaper publication. The bill allows
3 7 cities with a population of 500 residents or less to forgo
3 8 newspaper publication and post the notices.
3 9 LSB 1251YH 81
3 10 eg/gg/14