Senate
Study
Bill
1116
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
LOCAL
GOVERNMENT
BILL
BY
CHAIRPERSON
WEBSTER)
A
BILL
FOR
An
Act
concerning
local
government
notice
requirements
on
1
certain
actions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
24.2A,
subsection
4,
paragraph
b,
1
subparagraph
(2),
Code
2025,
is
amended
to
read
as
follows:
2
(2)
If
the
political
subdivision
is
a
city,
notice
of
the
3
public
hearing
shall
be
published
not
less
than
ten
nor
more
4
than
twenty
days
prior
to
the
hearing
pursuant
to
section
5
362.3
in
a
newspaper
published
at
least
once
weekly
and
having
6
general
circulation
in
the
city.
However,
if
the
city
has
a
7
population
of
two
hundred
or
less,
publication
may
be
made
by
8
posting
in
three
public
places
in
the
city.
9
Sec.
2.
Section
28E.17,
subsection
3,
paragraph
a,
10
subparagraph
(1),
Code
2025,
is
amended
to
read
as
follows:
11
(1)
The
council
shall
give
notice
and
conduct
a
hearing
12
on
the
proposal
in
the
manner
set
forth
in
section
384.25
.
13
However,
the
notice
must
be
published
at
least
ten
days
prior
14
to
the
hearing,
and
if
If
a
petition
valid
under
section
362.4
15
is
filed
with
the
clerk
of
the
city
prior
to
the
hearing,
16
asking
that
the
question
of
issuing
the
bonds
be
submitted
to
17
the
registered
voters
of
the
city,
the
council
shall
either
by
18
resolution
declare
the
proposal
abandoned
or
shall
direct
the
19
county
commissioner
of
elections
to
call
a
special
election
to
20
vote
upon
the
question
of
issuing
the
bonds.
Notice
of
the
21
election
and
its
conduct
shall
be
in
the
manner
provided
in
22
section
384.26
.
23
Sec.
3.
Section
103A.12,
subsection
2,
Code
2025,
is
amended
24
to
read
as
follows:
25
2.
A
governmental
subdivision
in
which
the
state
building
26
code
is
applicable
may
by
ordinance,
at
any
time
after
one
year
27
has
elapsed
since
the
code
became
applicable,
withdraw
from
the
28
application
of
the
code.
The
local
governing
body
shall
hold
29
a
public
hearing
pursuant
to
section
362.3
,
after
giving
not
30
less
than
four
but
not
more
than
twenty
days’
public
notice,
31
together
with
written
notice
to
the
commissioner
of
the
time,
32
place,
and
purpose
of
the
hearing,
before
the
ordinance
to
33
withdraw
is
voted
upon.
A
certified
copy
of
the
vote
of
the
34
local
governing
body
shall
be
transmitted
within
ten
days
after
35
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the
vote
is
taken
to
the
commissioner.
The
ordinance
becomes
1
effective
at
a
time
to
be
specified
in
the
ordinance,
which
2
must
be
not
less
than
one
hundred
eighty
days
after
the
date
of
3
adoption.
Upon
the
effective
date
of
the
ordinance,
the
state
4
building
code
ceases
to
apply
to
the
governmental
subdivision
5
except
that
construction
of
a
building
or
structure
pursuant
to
6
a
permit
previously
issued
is
not
affected
by
the
withdrawal.
7
Sec.
4.
Section
368.3,
subsection
2,
Code
2025,
is
amended
8
to
read
as
follows:
9
2.
A
city
may
also
be
discontinued
in
accordance
with
the
10
following
procedures.
The
council
shall
adopt
a
resolution
11
of
intent
to
discontinue
and
shall
call
a
public
hearing
on
12
the
proposal
to
discontinue.
Notice
of
the
time
and
place
of
13
the
public
hearing
and
the
proposed
action
shall
be
published
14
as
provided
in
section
362.3
,
except
that
at
least
ten
days’
15
notice
must
be
given
.
At
the
public
hearing,
the
council
shall
16
receive
oral
and
written
comments
regarding
the
proposal
from
17
any
person.
Thereafter,
the
council,
at
the
same
meeting
or
at
18
a
subsequent
meeting,
may
pass
a
resolution
of
discontinuance
19
or
pass
a
resolution
abandoning
the
proposal.
If
the
council
20
passes
a
resolution
of
discontinuance,
a
petition
may
be
filed
21
with
the
clerk
in
the
manner
provided
in
section
362.4
,
within
22
thirty
days
following
the
effective
date
of
the
resolution,
23
requesting
that
the
question
of
discontinuance
be
submitted
24
to
the
registered
voters
of
the
city.
Upon
receipt
of
a
25
petition
requesting
an
election,
the
council
shall
direct
the
26
county
commissioner
of
elections
to
call
a
special
election
27
on
the
question
of
discontinuance
or
shall
adopt
a
resolution
28
abandoning
the
discontinuance.
Notice
of
the
election
shall
29
be
given
by
publication
as
required
in
section
49.53
.
If
a
30
majority
of
those
voting
approve
the
discontinuance
or
if
no
31
petition
for
an
election
is
filed,
the
clerk
shall
send
a
copy
32
of
the
resolution
of
discontinuance
and,
if
an
election
is
33
held,
the
results
of
the
election
to
the
board.
The
board
34
shall
take
control
of
the
property
of
the
discontinued
city
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and
shall
supervise
procedures
necessary
to
carry
out
the
1
discontinuance
in
accordance
with
section
368.21
.
2
Sec.
5.
Section
368.15,
Code
2025,
is
amended
to
read
as
3
follows:
4
368.15
Public
hearing.
5
The
committee
shall
conduct
a
public
hearing
on
a
proposal
6
as
soon
as
practicable.
Notice
of
the
hearing
must
be
served
7
upon
the
council
of
each
city
for
which
a
discontinuance
8
or
boundary
adjustment
is
proposed,
the
county
board
of
9
supervisors
for
each
county
which
that
contains
a
portion
of
10
a
city
to
be
discontinued
or
territory
to
be
incorporated,
11
annexed,
or
severed,
and
any
regional
planning
authority
for
12
the
area
involved.
A
notice
of
the
hearing,
which
includes
a
13
brief
description
of
the
proposal
and
a
statement
of
where
the
14
petition
or
plan
is
available
for
public
inspection,
must
be
15
published
as
provided
in
section
362.3
,
except
that
there
must
16
be
two
publications
in
a
newspaper
having
general
circulation
17
in
each
city
and
each
territory
involved
in
the
proposal
.
Any
18
person
may
submit
written
briefs
,
and
,
in
the
committee’s
19
discretion,
may
be
heard
on
the
proposal.
The
board
may
20
subpoena
witnesses
and
documents
relevant
to
the
proposal.
21
Sec.
6.
Section
372.4,
subsection
4,
Code
2025,
is
amended
22
to
read
as
follows:
23
4.
In
a
city
having
a
population
of
less
than
five
hundred,
24
the
city
council
may
adopt
a
resolution
of
intent
to
reduce
the
25
number
of
council
members
from
five
to
three
and
shall
call
a
26
public
hearing
on
the
proposal.
Notice
of
the
time
and
place
27
of
the
public
hearing
shall
be
published
as
provided
in
section
28
362.3
,
except
that
at
least
ten
days’
notice
must
be
given
.
At
29
the
public
hearing,
the
council
shall
receive
oral
and
written
30
comments
regarding
the
proposal
from
any
person.
Thereafter,
31
the
council,
at
the
same
meeting
as
the
public
hearing
or
at
32
a
subsequent
meeting,
may
adopt
a
final
resolution
to
reduce
33
the
number
of
council
members
from
five
to
three
or
may
adopt
34
a
resolution
abandoning
the
proposal.
If
the
council
adopts
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a
final
resolution
to
reduce
the
number
of
council
members
1
from
five
to
three,
a
petition
meeting
the
same
requirements
2
specified
in
section
362.4
for
petitions
authorized
by
city
3
code
may
be
filed
with
the
clerk
within
thirty
days
following
4
the
effective
date
of
the
final
resolution,
requesting
that
5
the
question
of
reducing
the
number
of
council
members
from
6
five
to
three
be
submitted
to
the
registered
voters
of
the
7
city.
Upon
receipt
of
a
petition
requesting
an
election,
the
8
council
shall
direct
the
county
commissioner
of
elections
9
to
put
the
proposal
on
the
ballot
for
the
next
regular
city
10
election.
If
the
ballot
proposal
is
adopted,
the
new
council
11
shall
be
elected
at
the
next
following
regular
city
election.
12
If
a
petition
is
not
filed,
the
council
shall
notify
the
13
county
commissioner
of
elections
by
July
1
of
the
year
of
the
14
regular
city
election
and
the
new
council
shall
be
elected
15
at
that
regular
city
election.
If
the
council
notifies
the
16
commissioner
of
elections
after
July
1
of
the
year
of
the
17
regular
city
election,
the
change
shall
take
effect
at
the
next
18
following
regular
city
election.
The
council
shall
determine
19
by
ordinance
whether
the
three
council
members
are
elected
at
20
large
or
by
ward.
21
Sec.
7.
Section
384.16,
subsection
3,
Code
2025,
is
amended
22
to
read
as
follows:
23
3.
Following,
and
not
until,
completion
of
requirements
24
of
section
24.2A
are
completed
,
the
council
shall
set
a
time
25
and
place
for
public
hearing
on
the
budget
before
the
final
26
certification
date
and
shall
publish
notice
of
the
hearing
27
not
less
than
ten
nor
more
than
twenty
days
before
the
28
hearing
pursuant
to
section
362.3
in
a
newspaper
published
29
at
least
once
weekly
and
having
general
circulation
in
the
30
city.
However,
if
the
city
has
a
population
of
two
hundred
31
or
less,
publication
may
be
made
by
posting
in
three
public
32
places
in
the
city.
A
summary
of
the
proposed
budget
and
a
33
description
of
the
procedure
for
protesting
the
city
budget
34
under
section
384.19
,
in
the
form
prescribed
by
the
director
of
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the
department
of
management,
shall
be
included
in
the
notice.
1
Proof
of
publication
of
the
notice
under
this
subsection
3
2
must
be
filed
with
the
county
auditor.
The
department
of
3
management
shall
prescribe
the
form
for
the
public
hearing
4
notice
for
use
by
cities.
5
Sec.
8.
Section
384.38,
subsection
3,
paragraph
a,
Code
6
2025,
is
amended
to
read
as
follows:
7
a.
A
city
may
establish,
by
ordinance
or
by
resolution
8
adopted
as
an
ordinance
after
twenty
days’
notice
published
9
in
accordance
with
section
362.3
,
and
a
public
hearing,
one
10
or
more
districts
and
schedules
of
fees
for
the
connection
of
11
property
to
the
city
sewer
or
water
utility.
If
the
governing
12
body
directs
that
notice
be
made
by
mail,
the
notice
shall
be
13
as
required
in
section
384.50
.
Each
person
whose
property
will
14
be
served
by
connecting
to
the
city
sewer
or
water
utility
15
shall
pay
a
connection
fee
to
the
city.
The
ordinance
shall
be
16
certified
by
the
city
and
recorded
in
the
office
of
the
county
17
recorder
of
the
county
in
which
a
district
is
located.
The
18
connection
fees
are
due
and
payable
when
a
utility
connection
19
application
is
filed
with
the
city.
A
connection
fee
may
20
include
the
equitable
cost
of
extending
the
utility
to
the
21
properties,
including
reasonable
interest
from
the
date
of
22
construction
to
the
date
of
payment.
All
fees
collected
under
23
this
subsection
shall
be
paid
to
the
city
treasurer.
The
24
moneys
collected
as
fees
shall
only
be
used
for
the
purposes
of
25
operating
the
utility,
or
to
pay
debt
service
on
obligations
26
issued
to
finance
improvements
or
extensions
to
the
utility.
27
Sec.
9.
Section
384.50,
subsection
1,
Code
2025,
is
amended
28
to
read
as
follows:
29
1.
The
clerk
shall
publish
notice
of
the
date,
time,
and
30
place
of
the
hearing
once
each
week
for
two
consecutive
weeks
31
in
the
manner
provided
by
section
362.3
,
the
first
publication
32
of
which
shall
be
not
less
than
ten
days
before
the
date
of
the
33
hearing
.
34
Sec.
10.
Section
400.1,
subsection
1,
Code
2025,
is
amended
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to
read
as
follows:
1
1.
In
cities
having
a
population
of
eight
thousand
or
over
2
and
having
a
paid
fire
department
or
a
paid
police
department,
3
the
mayor,
one
year
after
a
regular
city
election,
with
the
4
approval
of
the
council,
shall
appoint
three
civil
service
5
commissioners.
The
mayor
city
shall
publish
notice
of
the
6
names
of
persons
selected
for
appointment
no
less
than
thirty
7
days
prior
to
a
vote
by
the
city
council
pursuant
to
section
8
362.3
.
Commissioners
shall
hold
office,
one
until
the
first
9
Monday
in
April
of
the
second
year,
one
until
the
first
Monday
10
in
April
of
the
third
year,
and
one
until
the
first
Monday
11
in
April
of
the
fourth
year
after
such
appointment,
whose
12
successors
shall
be
appointed
for
a
term
of
four
years.
In
13
cities
having
a
population
of
more
than
seventy
thousand,
the
14
city
council
may
establish,
by
ordinance,
the
number
of
civil
15
service
commissioners
at
not
less
than
three.
16
Sec.
11.
Section
404.2,
subsection
6,
Code
2025,
is
amended
17
to
read
as
follows:
18
6.
The
city
or
county
has
adopted
the
proposed
or
amended
19
plan
for
the
revitalization
area
after
the
requisite
number
20
of
hearings.
The
city
or
county
may
subsequently
amend
this
21
plan
after
a
hearing.
Notice
of
the
hearing
shall
be
published
22
as
provided
in
section
362.3
or
331.305
,
except
that
at
23
least
seven
days’
notice
must
be
given
and
the
public
hearing
24
shall
not
be
held
earlier
than
the
next
regularly
scheduled
25
city
council
or
board
of
supervisors
meeting
following
the
26
published
notice
.
A
city
which
that
has
adopted
a
plan
for
27
a
revitalization
area
which
that
covers
all
property
within
28
the
city
limits
may
amend
that
plan
at
any
time,
pursuant
to
29
this
section
,
to
include
property
which
that
has
been
or
will
30
be
annexed
to
the
city.
The
provisions
of
the
original
plan
31
shall
be
applicable
to
the
property
which
that
is
annexed
and
32
the
property
shall
be
considered
to
have
been
part
of
the
33
revitalization
area
as
of
the
effective
date
of
its
annexation
34
to
the
city.
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Sec.
12.
Section
414.4,
Code
2025,
is
amended
to
read
as
1
follows:
2
414.4
Zoning
regulations,
district
boundaries,
amendments.
3
The
council
of
the
city
shall
provide
for
the
manner
in
4
which
the
regulations
and
restrictions
and
the
boundaries
of
5
the
districts
shall
be
determined,
established,
and
enforced,
6
and
from
time
to
time
amended,
supplemented,
or
changed.
7
However,
the
regulation,
restriction,
or
boundary
shall
not
8
become
effective
until
after
a
public
hearing
at
which
parties
9
in
interest
and
citizens
shall
have
an
opportunity
to
be
10
heard.
The
notice
of
the
time
and
place
of
the
hearing
shall
11
be
published
as
provided
in
section
362.3
,
except
that
at
12
least
seven
days’
notice
must
be
given
and
in
no
case
shall
13
the
public
hearing
be
held
earlier
than
the
next
regularly
14
scheduled
city
council
meeting
following
the
published
notice
.
15
EXPLANATION
16
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
17
the
explanation’s
substance
by
the
members
of
the
general
assembly.
18
Under
current
law,
notice
requirements
for
local
governments
19
vary
as
follows:
a
political
subdivision’s
proposed
property
20
tax
hearing
requires
not
less
than
10
nor
more
than
20
days’
21
notice;
a
city’s
proposed
issuance
of
joint
transit
general
22
corporate
purpose
bonds
requires
at
least
10
days;
state
23
building
codes
adopted
by
ordinance
and
later
repealed
require
24
a
public
hearing
after
giving
not
less
than
4
but
not
more
than
25
20
days’
notice;
a
city
resolution
of
intent
to
discontinue
26
requires
a
public
hearing
on
the
proposal
to
discontinue
the
27
city
with
at
least
10
days’
notice;
a
city
special
committee
28
hearing
to
consider
a
city
development
board’s
proposal
to
29
discontinue
or
adjust
a
city
boundary
requires
two
publications
30
in
a
newspaper
having
general
circulation
in
each
city
and
each
31
territory
involved
in
the
proposal;
a
city
resolution
to
reduce
32
the
number
of
council
members
from
five
to
three
requires
a
33
public
hearing
on
the
proposal
with
at
least
10
days’
notice;
34
city
council
budget
certifications
require
a
public
hearing
35
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S.F.
_____
with
not
less
than
10
nor
more
than
20
days’
notice;
a
city
1
proposal
to
establish
one
or
more
utility
districts
with
fee
2
schedules
for
the
connection
of
property
to
the
city
sewer
or
3
water
utility
requires
a
20-day
notice;
city
resolutions
of
4
necessity
for
public
improvements
require
a
public
hearing
5
with
not
less
than
10
days’
notice
to
the
property
owners
6
subject
to
the
special
assessment;
city
appointments
of
civil
7
service
commissioners
require
published
notice
of
the
proposed
8
appointments
for
no
less
than
30
days
prior
to
a
vote
by
the
9
city
council;
amendments
to
city
or
county
revitalization
10
area
plans
require
a
hearing
with
at
least
7
days’
notice
11
and
the
public
hearing
shall
not
be
held
earlier
than
the
12
next
regularly
scheduled
city
council
or
board
of
supervisors
13
meeting
following
the
published
notice;
and
when
a
city
council
14
amends,
supplements,
or
changes
regulations
and
restrictions
15
or
the
boundaries
of
districts,
a
public
hearing
is
required
16
with
at
least
7
days’
notice
and
the
public
hearing
shall
not
17
be
held
earlier
than
the
next
regularly
scheduled
city
council
18
meeting
following
the
published
notice.
19
This
bill
changes
the
notice
requirements
in
accordance
20
with
Code
section
362.3
for
these
local
government
actions
as
21
follows:
the
notice
must
be
published
at
least
once,
for
a
22
period
of
not
less
than
4
nor
more
than
20
days
before
the
date
23
of
the
hearing
or
other
action;
the
publication
must
be
in
a
24
newspaper
published
at
least
once
weekly
and
having
general
25
circulation
in
the
city;
and
if
the
city
has
a
population
of
26
200
or
less,
or
if
the
city
has
no
newspaper,
the
publication
27
is
made
by
posting
in
three
public
places
in
the
city
that
have
28
been
permanently
designated
by
local
government
ordinance.
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