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House
File
651
-
Introduced
HOUSE
FILE
651
BY
COMMITTEE
ON
LOCAL
GOVERNMENT
(SUCCESSOR
TO
HSB
154)
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
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
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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
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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
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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
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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
explanation’s
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’
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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.
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