Bill Text: IA HSB511 | 2017-2018 | 87th General Assembly | Introduced


Bill Title: A bill for an act relating to county budget and city budget approval procedures and including applicability provisions.

Spectrum: Committee Bill

Status: (N/A - Dead) 2018-02-06 - Subcommittee recommends indefinite postponement. [HSB511 Detail]

Download: Iowa-2017-HSB511-Introduced.html
House Study Bill 511 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON LOCAL GOVERNMENT BILL BY CHAIRPERSON HIGHFILL) A BILL FOR An Act relating to county budget and city budget approval 1 procedures and including applicability provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5301YC (3) 87 md/rj
H.F. _____ Section 1. Section 331.434, Code 2018, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 1A. If the amount of proposed expenditures 3 for the next fiscal year using revenues raised by the basic 4 levy for general county services or the by the basic levy 5 for rural county services under section 331.423, excluding 6 additions to those basic levies under section 331.426, exceeds 7 the proposed amount of such expenditures from such revenues 8 in the current fiscal year, the board shall set a time and 9 place for a public hearing on the issue of the proposed 10 increases and shall not file the budget with the auditor under 11 subsection 2 until such increases have been separately approved 12 by adoption of a resolution by the board. The board shall 13 publish notice of the hearing not less than ten nor more than 14 twenty days prior to the date the board files the budget with 15 the auditor in the county newspapers selected under chapter 16 349. The department of management shall prescribe the form 17 for the public hearing notice for use by counties under this 18 subsection. 19 Sec. 2. Section 331.434, subsection 2, Code 2018, is amended 20 to read as follows: 21 2. Not less than twenty days before the date that a budget 22 must be certified under section 24.17 and not less than ten 23 days before the date set for the hearing under subsection 24 3 of this section , the board , following adoption of the 25 resolution under subsection 1A, if applicable, shall file the 26 budget with the auditor. The auditor shall make available a 27 sufficient number of copies of the budget to meet the requests 28 of taxpayers and organizations and have them available for 29 distribution at the courthouse or other places designated by 30 the board. 31 Sec. 3. Section 384.16, Code 2018, is amended by adding the 32 following new subsection: 33 NEW SUBSECTION . 1A. If the amount of proposed expenditures 34 for the next fiscal year using revenues raised by the city 35 -1- LSB 5301YC (3) 87 md/rj 1/ 4
H.F. _____ general fund levy under section 384.1, excluding additional 1 taxes imposed under section 384.12, exceeds the proposed amount 2 of such expenditures from such revenues in the current fiscal 3 year, the council shall set a time and place for a public 4 hearing on the issue of the proposed increase and shall not 5 make copies of the detailed budget available under subsection 6 2 until the increase has been separately approved by adoption 7 of a resolution by the council. The council shall publish 8 notice of the hearing not less than ten nor more than twenty 9 days prior to the date the board makes copies of the detailed 10 budget available under subsection 2 in a newspaper published at 11 least once weekly and having general circulation in the city. 12 However, if the city has a population of two hundred or less, 13 publication may be made by posting in three public places in 14 the city. The department of management shall prescribe the 15 form for the public hearing notice for use by counties under 16 this subsection. 17 Sec. 4. Section 384.16, subsection 2, Code 2018, is amended 18 to read as follows: 19 2. Not less than twenty days before the date that a budget 20 must be certified to the county auditor and not less than 21 ten days before the date set for the hearing, the clerk , 22 following adoption of the resolution under subsection 1A, if 23 applicable, shall make available a sufficient number of copies 24 of the detailed budget to meet the requests of taxpayers and 25 organizations, and have them available for distribution at the 26 offices of the mayor and clerk and at the city library, if any, 27 or have a copy posted at one of the three places designated by 28 ordinance for posting notices if there is no library. 29 Sec. 5. IMPLEMENTATION OF ACT. Section 25B.2, subsection 30 3, shall not apply to this Act. 31 Sec. 6. APPLICABILITY. This Act applies to city and county 32 budgets for fiscal years beginning on or after July 1, 2019. 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -2- LSB 5301YC (3) 87 md/rj 2/ 4
H.F. _____ the explanation’s substance by the members of the general assembly. 1 This bill modifies the procedures required for cities and 2 counties when approving and certifying budgets. 3 The bill provides that if the amount of proposed 4 expenditures for the next fiscal year using revenues raised by 5 the basic levy for general county services or by the basic levy 6 for rural county services, excluding statutorily authorized 7 additions to those basic levies, exceeds the proposed amount 8 of such expenditures from such revenues in the current fiscal 9 year, the county board of supervisors is required to hold a 10 public hearing on the issue of the proposed increases and shall 11 not proceed to the next step in the budget approval process 12 of filing the budget with the auditor until such increases 13 have been separately approved by a resolution of the board. 14 The bill specifies the timing and notice requirements for the 15 public hearing conducted by the board of supervisors. 16 Similarly, the bill provides that if the amount of proposed 17 expenditures for the next fiscal year using revenues raised by 18 the city general fund levy, excluding statutorily authorized 19 additional taxes, exceeds the proposed amount of such 20 expenditures from such revenues in the current fiscal year, 21 the city council is required to hold a public hearing on the 22 issue of the proposed increase and shall not proceed to the 23 next step in the budget approval process until the increase has 24 been separately approved by a resolution of the city council. 25 The bill specifies the timing and notice requirements for the 26 public hearing conducted by the city council. 27 By operation of Code sections 331.425 and 384.16, the 28 budget approval procedures added by the bill also apply to the 29 procedure for amending an adopted county budget or an adopted 30 city budget. 31 The bill may include a state mandate as defined in Code 32 section 25B.3. The bill makes inapplicable Code section 25B.2, 33 subsection 3, which would relieve a political subdivision from 34 complying with a state mandate if funding for the cost of 35 -3- LSB 5301YC (3) 87 md/rj 3/ 4
H.F. _____ the state mandate is not provided or specified. Therefore, 1 political subdivisions are required to comply with any state 2 mandate included in the bill. 3 The bill applies to city and county budgets for fiscal years 4 beginning on or after July 1, 2019. 5 -4- LSB 5301YC (3) 87 md/rj 4/ 4
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