House Study Bill 154 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON LOCAL GOVERNMENT BILL BY CHAIRPERSON JONES) 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 TLSB 1805YC (1) 91 ll/js
H.F. _____ Section 1. Section 103A.12, subsection 2, Code 2025, is 1 amended to read as follows: 2 2. A governmental subdivision in which the state building 3 code is applicable may by ordinance, at any time after one 4 year has elapsed since the code became applicable, withdraw 5 from the application of the code. The local governing body 6 shall hold a public hearing, after giving not less than four 7 but not more than twenty days public notice, together with 8 written notice to the commissioner of the time, place, and 9 purpose of the hearing provided in a manner consistent with 10 section 362.3 , before the ordinance to withdraw is voted upon. 11 A certified copy of the vote of the local governing body shall 12 be transmitted within ten days after the vote is taken to the 13 commissioner. The ordinance becomes effective at a time to 14 be specified in the ordinance, which must be not less than 15 one hundred eighty days after the date of adoption. Upon 16 the effective date of the ordinance, the state building code 17 ceases to apply to the governmental subdivision except that 18 construction of a building or structure pursuant to a permit 19 previously issued is not affected by the withdrawal. 20 Sec. 2. Section 368.3, subsection 2, Code 2025, is amended 21 to read as follows: 22 2. A city may also be discontinued in accordance with the 23 following procedures. The council shall adopt a resolution 24 of intent to discontinue and shall call a public hearing on 25 the proposal to discontinue. Notice of the time and place of 26 the public hearing and the proposed action shall be published 27 as provided in section 362.3 , except that at least ten days 28 notice must be given . At the public hearing, the council shall 29 receive oral and written comments regarding the proposal from 30 any person. Thereafter, the council, at the same meeting or at 31 a subsequent meeting, may pass a resolution of discontinuance 32 or pass a resolution abandoning the proposal. If the council 33 passes a resolution of discontinuance, a petition may be filed 34 with the clerk in the manner provided in section 362.4 , within 35 -1- LSB 1805YC (1) 91 ll/js 1/ 6
H.F. _____ thirty days following the effective date of the resolution, 1 requesting that the question of discontinuance be submitted 2 to the registered voters of the city. Upon receipt of a 3 petition requesting an election, the council shall direct the 4 county commissioner of elections to call a special election 5 on the question of discontinuance or shall adopt a resolution 6 abandoning the discontinuance. Notice of the election shall 7 be given by publication as required in section 49.53 . If a 8 majority of those voting approve the discontinuance or if no 9 petition for an election is filed, the clerk shall send a copy 10 of the resolution of discontinuance and, if an election is 11 held, the results of the election to the board. The board 12 shall take control of the property of the discontinued city 13 and shall supervise procedures necessary to carry out the 14 discontinuance in accordance with section 368.21 . 15 Sec. 3. Section 372.4, subsection 4, Code 2025, is amended 16 to read as follows: 17 4. In a city having a population of less than five hundred, 18 the city council may adopt a resolution of intent to reduce the 19 number of council members from five to three and shall call a 20 public hearing on the proposal. Notice of the time and place 21 of the public hearing shall be published as provided in section 22 362.3 , except that at least ten days notice must be given . At 23 the public hearing, the council shall receive oral and written 24 comments regarding the proposal from any person. Thereafter, 25 the council, at the same meeting as the public hearing or at 26 a subsequent meeting, may adopt a final resolution to reduce 27 the number of council members from five to three or may adopt 28 a resolution abandoning the proposal. If the council adopts 29 a final resolution to reduce the number of council members 30 from five to three, a petition meeting the same requirements 31 specified in section 362.4 for petitions authorized by city 32 code may be filed with the clerk within thirty days following 33 the effective date of the final resolution, requesting that 34 the question of reducing the number of council members from 35 -2- LSB 1805YC (1) 91 ll/js 2/ 6
H.F. _____ five to three be submitted to the registered voters of the 1 city. Upon receipt of a petition requesting an election, the 2 council shall direct the county commissioner of elections 3 to put the proposal on the ballot for the next regular city 4 election. If the ballot proposal is adopted, the new council 5 shall be elected at the next following regular city election. 6 If a petition is not filed, the council shall notify the 7 county commissioner of elections by July 1 of the year of the 8 regular city election and the new council shall be elected 9 at that regular city election. If the council notifies the 10 commissioner of elections after July 1 of the year of the 11 regular city election, the change shall take effect at the next 12 following regular city election. The council shall determine 13 by ordinance whether the three council members are elected at 14 large or by ward. 15 Sec. 4. Section 384.16, subsection 3, Code 2025, is amended 16 to read as follows: 17 3. Following, and not until, completion of requirements 18 of section 24.2A are completed , the council shall set a time 19 and place for public hearing on the budget before the final 20 certification date and shall publish notice of the hearing 21 not less than ten nor more than twenty days before the 22 hearing pursuant to section 362.3 in a newspaper published 23 at least once weekly and having general circulation in the 24 city. However, if the city has a population of two hundred 25 or less, publication may be made by posting in three public 26 places in the city. A summary of the proposed budget and a 27 description of the procedure for protesting the city budget 28 under section 384.19 , in the form prescribed by the director of 29 the department of management, shall be included in the notice. 30 Proof of publication of the notice under this subsection 3 31 must be filed with the county auditor. The department of 32 management shall prescribe the form for the public hearing 33 notice for use by cities. 34 Sec. 5. Section 384.50, subsection 1, Code 2025, is amended 35 -3- LSB 1805YC (1) 91 ll/js 3/ 6
H.F. _____ to read as follows: 1 1. The clerk shall publish notice of the date, time, and 2 place of the hearing once each week for two consecutive weeks 3 in the manner provided by section 362.3 , the first publication 4 of which shall be not less than ten days before the date of the 5 hearing . 6 Sec. 6. Section 400.1, subsection 1, Code 2025, is amended 7 to read as follows: 8 1. In cities having a population of eight thousand or over 9 and having a paid fire department or a paid police department, 10 the mayor, one year after a regular city election, with the 11 approval of the council, shall appoint three civil service 12 commissioners. The mayor city shall publish notice of the 13 names of persons selected for appointment no less than thirty 14 days prior to a vote by the city council pursuant to section 15 362.3 . Commissioners shall hold office, one until the first 16 Monday in April of the second year, one until the first Monday 17 in April of the third year, and one until the first Monday 18 in April of the fourth year after such appointment, whose 19 successors shall be appointed for a term of four years. In 20 cities having a population of more than seventy thousand, the 21 city council may establish, by ordinance, the number of civil 22 service commissioners at not less than three. 23 Sec. 7. Section 404.2, subsection 6, Code 2025, is amended 24 to read as follows: 25 6. The city or county has adopted the proposed or amended 26 plan for the revitalization area after the requisite number 27 of hearings. The city or county may subsequently amend this 28 plan after a hearing. Notice of the hearing shall be published 29 as provided in section 362.3 or 331.305 , except that at 30 least seven days notice must be given and the public hearing 31 shall not be held earlier than the next regularly scheduled 32 city council or board of supervisors meeting following the 33 published notice . A city which that has adopted a plan for 34 a revitalization area which that covers all property within 35 -4- LSB 1805YC (1) 91 ll/js 4/ 6
H.F. _____ the city limits may amend that plan at any time, pursuant to 1 this section , to include property which that has been or will 2 be annexed to the city. The provisions of the original plan 3 shall be applicable to the property which that is annexed and 4 the property shall be considered to have been part of the 5 revitalization area as of the effective date of its annexation 6 to the city. 7 Sec. 8. Section 414.4, Code 2025, is amended to read as 8 follows: 9 414.4 Zoning regulations, district boundaries, amendments. 10 The council of the city shall provide for the manner in 11 which the regulations and restrictions and the boundaries of 12 the districts shall be determined, established, and enforced, 13 and from time to time amended, supplemented, or changed. 14 However, the regulation, restriction, or boundary shall not 15 become effective until after a public hearing at which parties 16 in interest and citizens shall have an opportunity to be 17 heard. The notice of the time and place of the hearing shall 18 be published as provided in section 362.3 , except that at 19 least seven days notice must be given and in no case shall 20 the public hearing be held earlier than the next regularly 21 scheduled city council meeting following the published notice . 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanations substance by the members of the general assembly. 25 Under current law, notice requirements for local governments 26 vary as follows: state building codes adopted by ordinance and 27 later repealed require a public hearing after giving not less 28 than 4 but not more than 20 days notice; a city resolution of 29 intent to discontinue requires a public hearing on the proposal 30 to discontinue the city with at least 10 days notice; a city 31 resolution to reduce the number of council members from five to 32 three requires a public hearing on the proposal with at least 33 10 days notice; city council budget certifications require a 34 public hearing with not less than 10 nor more than 20 days 35 -5- LSB 1805YC (1) 91 ll/js 5/ 6
H.F. _____ notice; city resolutions of necessity for public improvements 1 require a public hearing with not less than 10 days notice to 2 the property owners subject to the special assessment; city 3 appointments of civil service commissioners require published 4 notice of the proposed appointments for no less than 30 days 5 prior to a vote by the city council; amendments to city or 6 county revitalization area plans require a hearing with at 7 least 7 days notice and the public hearing shall not be held 8 earlier than the next regularly scheduled city council or board 9 of supervisors meeting following the published notice; and when 10 a city council amends, supplements, or changes regulations and 11 restrictions or the boundaries of districts, a public hearing 12 is required with at least 7 days notice and the public hearing 13 shall not be held earlier than the next regularly scheduled 14 city council meeting following the published notice. 15 This bill changes the notice requirements in accordance 16 with Code section 362.3 for these local government actions as 17 follows: the notice must be published at least once, for a 18 period of not less than 4 nor more than 20 days before the date 19 of the hearing or other action; the publication must be in a 20 newspaper published at least once weekly and having general 21 circulation in the city; and if the city has a population of 22 200 or less, or if the city has no newspaper, the publication 23 is made by posting in three public places in the city that have 24 been permanently designated by local government ordinance. 25 -6- LSB 1805YC (1) 91 ll/js 6/ 6