H.F. 294 Section 1. Section 39.3, subsection 2, Code 2017, is amended 1 to read as follows: 2 2. “City” means a municipal corporation not including a 3 county, township, school district, or any special purpose 4 district or authority. When used in relation to land area, 5 “city” includes only the land area within the city limits and, 6 for purposes of determining the rights of an eligible elector 7 to petition the city council and vote in city elections, the 8 land area of any unincorporated area that is subject to a city 9 zoning ordinance under section 414.23 . 10 Sec. 2. Section 49.5, Code 2017, is amended to read as 11 follows: 12 49.5 City precincts. 13 1. The council of a city where establishment of more 14 than one precinct is necessary or deemed advisable shall, at 15 the time required by law, divide the city into the number 16 of election precincts as will best serve the convenience of 17 the voters while promoting electoral efficiency. As used in 18 this section , the term “the convenience of the voters” refers 19 to, but is not necessarily limited to, the use of precinct 20 boundaries which can be readily described to and identified 21 by voters and for which there is ease of access by voters to 22 their respective precinct polling places by reasonably direct 23 routes of travel. As used in this section , the term “promoting 24 electoral efficiency” means reducing the cost of staffing 25 election precincts by requiring cities to avoid creating more 26 precincts than is reasonably necessary to provide voters access 27 to voting. 28 2. The precinct boundaries shall conform to section 49.3 29 and shall be described in an ordinance adopted by the council 30 within the time required by section 49.7 . Before final 31 adoption of any change in election precinct boundaries pursuant 32 to this section or section 49.6 , the council shall permit the 33 commissioner not less than seven and not more than ten days’ 34 time to offer written comments to the council on the proposed 35 -1- LSB 2185YH (7) 87 aw/sc 1/ 5

H.F. 294 reprecincting. If the commissioner recommends changes in the 1 proposed reprecincting which the commissioner concludes could 2 better serve the convenience of the voters or could promote 3 electoral efficiency, including lowering election costs, the 4 council shall, if no changes to the reprecincting are made, 5 include reasons in the ordinance for not adopting the proposed 6 changes of the commissioner. A public hearing shall be held 7 before final adoption of the ordinance. Notice of the date, 8 time, and place of the hearing shall be given as provided in 9 chapter 21 . 10 3. For city elections, if a city has extended the 11 applicability of the city’s zoning ordinance to an 12 unincorporated area pursuant to section 414.23, the city 13 council shall include the eligible electors residing in the 14 unincorporated area subject to the zoning ordinance within the 15 precinct boundaries of a city precinct. The city council may 16 reprecinct if necessary to meet the requirements of section 17 49.3 and this subsection. 18 Sec. 3. Section 372.13, subsection 7, paragraph b, Code 19 2017, is amended to read as follows: 20 b. Wards Notwithstanding any requirement to the contrary 21 under section 49.3, subsection 4, wards shall be as nearly 22 equal as practicable to the ideal population determined 23 by dividing the number of wards to be established into the 24 combined population of the city and areas subject to the city’s 25 zoning ordinance under section 414.23 . 26 Sec. 4. Section 414.23, Code 2017, is amended to read as 27 follows: 28 414.23 Extending beyond city limits. 29 1. The powers granted by this chapter may be extended by 30 ordinance by any city to the unincorporated area up to two 31 miles beyond the limits of such city, except for those areas 32 within a county where a county zoning ordinance exists. The 33 ordinance shall describe in general terms the area to be 34 included. The exemption from regulation granted by section 35 -2- LSB 2185YH (7) 87 aw/sc 2/ 5

H.F. 294 335.2 to property used for agricultural purposes shall apply 1 to such unincorporated area. If the limits of any such city 2 are at any place less than four miles distant from the limits 3 of any other city which has extended or thereafter extends 4 its zoning jurisdiction under this section , then at such time 5 the powers herein granted shall extend to a line equidistant 6 between the limits of said cities. 7 2. A municipality city , during the time its zoning 8 jurisdiction is extended under this section , shall increase 9 the size of its planning and zoning commission and its board 10 of adjustment each by two members. The planning and zoning 11 commission shall include a member of the board of supervisors 12 of the affected county, or the board’s designee, and a resident 13 of the area outside the city limits over which the zoning 14 jurisdiction is extended. The board’s designee, if any, shall 15 be a resident of the county in which such extended area is 16 located. The additional members of the board of adjustment 17 shall be residents of the area outside the city limits 18 over which the zoning jurisdiction is extended. The county 19 supervisor, or the board’s designee, and the residents shall 20 be appointed by the board of supervisors of the county in 21 which such extended area is located. The county supervisor, 22 or the board’s designee, and the residents shall serve for the 23 same terms of office and have the same rights, privileges, and 24 duties as other members of each of the bodies. However, if the 25 extended zoning jurisdiction of a municipality city extends 26 into an adjacent county without a county zoning ordinance, the 27 boards of supervisors of the affected counties, jointly, shall 28 appoint one of their members, or a designee, to the planning 29 and zoning commission. 30 3. a. Property owners affected by such zoning regulations 31 shall have the same rights of hearing, protest, and appeal as 32 those within the municipality city exercising this power. 33 b. An eligible elector residing in an unincorporated area 34 subject to the zoning ordinance shall be considered an eligible 35 -3- LSB 2185YH (7) 87 aw/sc 3/ 5

H.F. 294 elector of the city for purposes of signing petitions for 1 submission to the city council and voting in city elections and 2 for no other purposes. Following reprecincting under section 3 49.5 and in the year following the year in which the federal 4 decennial census is taken, the city council shall notify each 5 eligible elector residing in the unincorporated area subject 6 to the zoning ordinance of the eligible elector’s right to 7 petition the city council and to vote in city elections. 8 4. Whenever a county in which this power is being exercised 9 by a municipality city adopts a county zoning ordinance the 10 power exercised by the municipality city and the specific 11 regulations and districts thereunder shall be terminated 12 within three months of the establishment of the administrative 13 authority for county zoning, or at such date as mutually agreed 14 upon by the municipality city and county. 15 Sec. 5. APPLICABILITY. This Act applies to city elections 16 held on or after July 1, 2017. 17 EXPLANATION 18 The inclusion of this explanation does not constitute agreement with 19 the explanation’s substance by the members of the general assembly. 20 This bill relates to extraterritorial zoning by certain 21 cities and the rights of eligible electors who reside in areas 22 subject to such zoning. 23 Current Code section 414.23 authorizes a city to extend 24 its zoning ordinance two miles outside the city’s boundaries 25 if a county has not adopted a zoning ordinance and requires 26 the city to add two members each to its planning and zoning 27 commission and board of adjustment. The planning and zoning 28 commission must add a member of the county board of supervisors 29 and a resident of the extraterritorial area. The board of 30 adjustment is required to add two members who are residents of 31 the extraterritorial area. 32 The bill provides that an eligible elector residing in 33 an unincorporated area that is subject to a city’s zoning 34 ordinance is an eligible elector for the purposes of 35 -4- LSB 2185YH (7) 87 aw/sc 4/ 5

H.F. 294 petitioning the city council and voting in city elections, and 1 for no other purposes. Under the bill, the city council of 2 such a city is required to include the eligible electors within 3 the precinct boundaries of a city precinct for the purposes of 4 city elections. The bill establishes certain reprecincting 5 and notice provisions. For a city that is divided into wards 6 for the purposes of electing members to the city council, 7 current law requires that the city wards be as nearly equal 8 in population as practicable based upon the population of 9 the city. Under the bill, this requirement is based upon 10 the combined population of the city and areas subject to the 11 city’s zoning ordinance. Current law also requires that ward 12 boundaries follow precinct boundaries. 13 The bill applies to city elections held on or after July 1, 14 2017. 15 -5- LSB 2185YH (7) 87 aw/sc 5/ 5