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 TLSB 1805XC (7) 91 ll/js
S.F. _____ 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 -1- LSB 1805XC (7) 91 ll/js 1/ 8
S.F. _____ 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 35 -2- LSB 1805XC (7) 91 ll/js 2/ 8
S.F. _____ 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 committees 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 35 -3- LSB 1805XC (7) 91 ll/js 3/ 8
S.F. _____ 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 35 -4- LSB 1805XC (7) 91 ll/js 4/ 8
S.F. _____ 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 35 -5- LSB 1805XC (7) 91 ll/js 5/ 8
S.F. _____ 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. 35 -6- LSB 1805XC (7) 91 ll/js 6/ 8
S.F. _____ 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 explanations substance by the members of the general assembly. 18 Under current law, notice requirements for local governments 19 vary as follows: a political subdivisions proposed property 20 tax hearing requires not less than 10 nor more than 20 days 21 notice; a citys 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 boards 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 -7- LSB 1805XC (7) 91 ll/js 7/ 8
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. 29 -8- LSB 1805XC (7) 91 ll/js 8/ 8