Senate File 2331 - Introduced SENATE FILE 2331 BY COMMITTEE ON TECHNOLOGY (SUCCESSOR TO SSB 3107) A BILL FOR An Act relating to publication requirements for official 1 publications, and including effective date provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5157SV (2) 90 ss/jh
S.F. 2331 Section 1. Section 372.13, subsection 6, Code 2024, is 1 amended to read as follows: 2 6. Within fifteen days following a regular or special 3 meeting of the council, the clerk shall cause the minutes of 4 the proceedings of the council, including the total expenditure 5 from each city fund, to be published in delivered to a 6 newspaper of general circulation in the city for publication . 7 The publication shall include a list of all claims allowed and 8 a summary of all receipts and shall show the gross amount of 9 the claims. The list of claims allowed shall show the name 10 of the person or firm making the claim, the reason for the 11 claim, and the amount of the claim. If the reason for the 12 claims is the same, two or more claims made by the same vendor, 13 supplier, or claimant may be consolidated if the number of 14 claims consolidated and the total consolidated claim amount are 15 listed in the statement. However, the city shall provide at 16 its office upon request an unconsolidated list of all claims 17 allowed. Matters discussed in closed session pursuant to 18 section 21.3 shall not be published until entered on the public 19 minutes. However, in cities having more than one hundred fifty 20 thousand population, the council shall each month print in 21 pamphlet form a detailed itemized statement of all receipts and 22 disbursements of the city, and a summary of its proceedings 23 during the preceding month, and furnish copies to the city 24 library, the daily newspapers of the city, and to persons who 25 apply at the office of the city clerk, and the pamphlet shall 26 constitute publication as required. Failure by the clerk to 27 make publication is a simple misdemeanor. The provisions of 28 this subsection are applicable in cities in which a newspaper 29 is published, or in cities of two hundred population or over, 30 but in all other cities, posting the statement in three public 31 places in the city which have been permanently designated by 32 ordinance is sufficient compliance with this subsection . 33 Sec. 2. Section 618.3, Code 2024, is amended to read as 34 follows: 35 -1- LSB 5157SV (2) 90 ss/jh 1/ 9
S.F. 2331 618.3 Requirements for newspaper for official publication. 1 For the purpose of establishing and giving assured 2 circulation to all notices and reports of proceedings required 3 by statute to be published within the state, if newspapers 4 are required to be used, only a newspaper which meets all of 5 the following requirements shall be designated for official 6 publication purposes: 7 1. Is a newspaper of general circulation that has been 8 published at least once a week for at least fifty weeks per 9 year within the area and regularly mailed through the post 10 office of entry for at least two years one year . 11 2. Has a list of subscribers who have paid, or promised to 12 pay, at more than a nominal rate, for copies to be received 13 during a stated period. 14 3. Devotes at least twenty-five percent of its total 15 column space in more than one-half of its issues during any 16 twelve-month period to information of a public character other 17 than advertising. 18 4. Is paid for by at least fifty percent of the persons or 19 subscribers to whom it is distributed. 20 5. If the newspaper operates an internet site, the newspaper 21 must do one of the following: 22 a. Provide free access on the homepage of the internet 23 site to all public notices posted on the internet site. The 24 link providing free access to public notices must be displayed 25 conspicuously. 26 b. Display a link conspicuously on the homepage of the 27 internet site of the newspaper to the statewide public notice 28 internet site established pursuant to section 618.3A if such 29 an internet site exists. 30 6. Publish the address of the statewide public notice 31 internet site established pursuant to section 618.3A, if such 32 an internet site exists, in each edition of the newspaper 33 in the section of the newspaper regularly designated for 34 the publication of public notices, and on the section of 35 -2- LSB 5157SV (2) 90 ss/jh 2/ 9
S.F. 2331 the newspapers internet site regularly designated for the 1 publication of public notices, if the newspaper operates an 2 internet site. 3 7. Post all notices and reports of proceedings required by 4 statute to be published within the state by the newspaper to 5 the statewide public notice internet site established pursuant 6 to section 618.3A, if such an internet site exists, at no 7 additional cost, and within seventy-two hours of receipt of the 8 notice or report of proceedings. 9 Sec. 3. NEW SECTION . 618.3A Statewide public notice 10 internet site. 11 1. A statewide association representing a majority of 12 newspapers in the state may operate and maintain a statewide 13 public notice internet site containing all notices and reports 14 of proceedings required by statute to be published within the 15 state by newspapers. 16 2. To qualify as a statewide public notice internet site, an 17 internet site must meet all of the following requirements: 18 a. Public notices and reports of proceedings shall be 19 available to the public at no cost. 20 b. The internet site must allow a person to search for a 21 notice by criteria contained in the public notice or report of 22 proceedings. 23 c. The internet site must provide access to all public 24 notices and reports of proceedings for at least one year after 25 initial publication. 26 d. The internet site must allow access through the use of 27 common internet browsers. 28 e. The internet site must provide a method to allow 29 members of the public to subscribe to alerts of public 30 notices and reports of proceedings by means of electronic mail 31 notifications. Notwithstanding paragraph a , if the service 32 provider for the statewide public notice internet site charges 33 a fee for subscription services, the statewide public notice 34 internet site may charge a fee to an individual subscriber in 35 -3- LSB 5157SV (2) 90 ss/jh 3/ 9
S.F. 2331 an amount not to exceed the cost of providing the subscription 1 to the individual. 2 Sec. 4. NEW SECTION . 618.3B Publication on internet sites. 3 1. a. Public notice requirements may be satisfied through 4 publication of the notice to a newspapers internet site. 5 b. A notice published pursuant to this subsection shall be 6 at a rate equal to five percent of the rate established for 7 publication in a newspaper pursuant to section 618.11. 8 c. A notice published pursuant to this subsection must 9 be posted by a newspaper within seventy-two hours of receipt 10 of the notice by the newspaper and shall be available to the 11 public at no cost. 12 2. An error in a public notice or report of proceedings 13 posted on an internet site or a temporary internet site outage 14 or service interruption preventing the publication or display 15 of a public notice or report of proceedings is a harmless 16 error so long as the public notice or report of proceedings is 17 published in a newspaper as required by law or on the official 18 internet site of all counties in which notice is required to 19 be given to any person. 20 Sec. 5. NEW SECTION . 618.3C No official newspaper in 21 county. 22 If no newspaper meeting the requirements of section 618.3 is 23 published in a county, public notice requirements are satisfied 24 with respect to that county by causing a notice or report of 25 proceedings to be posted on the official internet site of the 26 county. 27 Sec. 6. Section 618.8, Code 2024, is amended by striking the 28 section and inserting in lieu thereof the following: 29 618.8 Refusal to publish. 30 If a newspaper refuses to publish a statutorily required 31 public notice, a government body, as defined in section 22.1, 32 satisfies public notice requirements with respect to that 33 public notice by publishing the public notice on the official 34 internet site of the government body and forwarding the notice 35 -4- LSB 5157SV (2) 90 ss/jh 4/ 9
S.F. 2331 to each county in which notice is required to be given to 1 any person. A county receiving a public notice pursuant to 2 this section shall publish the public notice on the countys 3 internet site within seventy-two hours of receipt. 4 Sec. 7. Section 618.11, Code 2024, is amended to read as 5 follows: 6 618.11 Fees for publication and proof of publication . 7 1. The compensation, when not otherwise fixed, for the 8 publication in a newspaper of any notice, order, citation, or 9 other publication required or allowed by law shall be at a 10 rate of thirty-four cents for one insertion and twenty-three 11 cents for each subsequent insertion for each line of eight 12 point type two inches in length, or its equivalent. Beginning 13 June 1, 2001, and each June 1 thereafter, the director of 14 the department of administrative services shall calculate a 15 new rate for the following fiscal year as prescribed in this 16 section subsection , and shall publish this rate as a notice in 17 the Iowa administrative bulletin prior to the first day of the 18 following calendar month. The new rate shall be effective on 19 the first day of the calendar month following its publication. 20 The rate shall be calculated by applying the percentage change 21 in the consumer price index for all urban consumers for the 22 last available twelve-month period published in the federal 23 register by the federal department of labor, bureau of labor 24 statistics, to the existing rate as an increase or decrease 25 in the rate rounded to the nearest one-tenth of a cent. The 26 calculation and publication of the rate by the director of the 27 department of administrative services shall be exempt from the 28 provisions of chapters 17A and 25B . 29 2. A newspaper shall not charge a fee to a government body, 30 as defined in section 22.1, for proof of publication of a 31 public notice. 32 Sec. 8. Section 618.18, Code 2024, is amended by striking 33 the section and inserting in lieu thereof the following: 34 618.18 Timely publication required. 35 -5- LSB 5157SV (2) 90 ss/jh 5/ 9
S.F. 2331 1. A newspaper shall publish all public notices and reports 1 of proceedings that are required by law to be published by a 2 certain date within seventy-two hours of receipt unless one of 3 the following applies: 4 a. The newspaper publishes less than daily, in which case 5 the newspaper shall publish the public notice or report of 6 proceedings within forty-eight hours of the next scheduled 7 publication of the newspaper. 8 b. The newspaper maintains an internet site, in which case 9 the newspaper shall publish the notice or report of proceedings 10 within seventy-two hours of receipt and make the notice or 11 report of proceedings available to the public at no cost. 12 2. A newspaper that receives payment to publish a 13 statutorily required public notice and fails to timely or 14 accurately publish the public notice as required by subsection 15 1 shall refund all moneys received to publish the notice to the 16 government body that paid to publish the notice. 17 3. A government body, as defined in section 22.1, satisfies 18 public notice requirements with respect to a statutorily 19 required public notice that was untimely or inaccurately 20 published by a newspaper if the government body timely and 21 accurately published the public notice on the official internet 22 site of all counties in which notice is required to be given to 23 any person. 24 Sec. 9. NEW SECTION . 618.19 Disputes resolution. 25 A dispute arising between a government body, as defined in 26 section 22.1, and a newspaper regarding the publication of a 27 notice or report of proceedings under this chapter shall be 28 heard by the Iowa public information board created pursuant to 29 section 23.3 as a contested case proceeding pursuant to chapter 30 17A. 31 Sec. 10. EFFECTIVE DATE. The following, being deemed of 32 immediate importance, take effect upon enactment: 33 1. The section of this Act amending section 372.13, 34 subsection 6. 35 -6- LSB 5157SV (2) 90 ss/jh 6/ 9
S.F. 2331 2. The section of this Act amending section 618.8. 1 3. The section of this Act amending section 618.11. 2 4. The section of this Act amending section 618.18. 3 5. The section of this Act enacting section 618.3C. 4 Sec. 11. EFFECTIVE DATE. The following take effect July 1, 5 2025: 6 1. The section of this Act amending section 618.3. 7 2. The section of this Act enacting section 618.3A. 8 EXPLANATION 9 The inclusion of this explanation does not constitute agreement with 10 the explanations substance by the members of the general assembly. 11 This bill relates to official publications by government 12 bodies, defined in the bill. The bill requires the minutes 13 of proceedings of a city council meeting to be delivered to a 14 newspaper for publication within 15 days. This provision of 15 the bill takes effect upon enactment. 16 The bill requires a newspaper designated for official 17 publication purposes to have been in regular publication in 18 the area for at least one year instead of two years. If the 19 newspaper maintains an internet site, the bill requires the 20 newspaper to provide free public access to public notices on 21 the internet site and display a link to the statewide public 22 notice internet site, if such a site exists. If the statewide 23 public notice internet site exists, the bill also requires a 24 newspaper designated for official publication to publish the 25 address of the internet site in each edition of the newspaper 26 and on the newspapers internet site where public notices are 27 customarily published, and to post all notices and reports of 28 proceedings to the statewide public notice internet site within 29 72 hours of receipt. This provision of the bill takes effect 30 July 1, 2025. 31 The bill allows a statewide association representing a 32 majority of newspapers in this state to operate and maintain a 33 statewide public notice internet site containing all notices 34 and reports of proceedings required by statute to be published 35 -7- LSB 5157SV (2) 90 ss/jh 7/ 9
S.F. 2331 in a newspaper. The bill provides specific requirements for 1 access to and use of the internet site that an internet site 2 must meet to qualify as a statewide public notice internet 3 site. This provision of the bill takes effect July 1, 2025. 4 The bill allows public notice requirements for a notice to be 5 satisfied through publication of the notice to a newspapers 6 internet site. The bill sets the rate paid by a government 7 body for publication to a newspapers internet site at 5 8 percent of the rate established in the Code for publication 9 in a printed newspaper. The bill requires a newspaper that 10 publishes a public notice on its internet site to publish 11 the notice within 72 hours of receipt and to make the notice 12 available at no cost to the public. The bill makes an error in 13 publication to an internet site harmless if the notice was also 14 published in a newspaper as required by law or on the official 15 internet site of all counties in which notice is required to 16 be given to any person. 17 If no newspaper meeting the requirements established in 18 the Code for designation of an official newspaper exists in 19 a county, the bill allows public notice requirements to be 20 satisfied with respect to that county by publication of the 21 notice or report of proceedings on the official internet site 22 of that county. This provision of the bill takes effect upon 23 enactment. 24 If a newspaper refuses to publish a public notice, the bill 25 allows a government body to satisfy public notice requirements 26 by publishing the notice on the internet site of the government 27 body and forwarding the public notice to each county in 28 which notice is required to be given to any person. The bill 29 requires a county receiving such a notice to publish the notice 30 on the countys internet site within 72 hours of receipt. This 31 provision of the bill takes effect upon enactment. 32 The bill prohibits a newspaper from charging a fee to a 33 government body for proof of publication of a public notice. 34 This provision of the bill takes effect upon enactment. 35 -8- LSB 5157SV (2) 90 ss/jh 8/ 9
S.F. 2331 The bill requires a newspaper to publish all public notices 1 and reports of proceedings required by law to be published by a 2 certain date within 72 hours of receipt, except under certain 3 circumstances. If the newspaper publishes less than daily, the 4 bill requires the newspaper to publish the notice within 48 5 hours of the next scheduled publication of the newspaper. If 6 the newspaper maintains an internet site, the bill allows the 7 newspaper to instead publish the public notice on the internet 8 site within 72 hours of receipt if the notice is made available 9 to the public at no cost. If a newspaper fails to timely 10 or accurately publish a public notice, the bill requires the 11 newspaper to refund all moneys received to publish the notice. 12 In the case of a notice that was not timely or accurately 13 published by a newspaper, a government body still satisfies 14 public notice requirements if the notice was published on the 15 official internet site of all counties in which notice was 16 required to be given to any person. This provision of the bill 17 takes effect upon enactment. 18 The bill requires disputes arising between a government body 19 and a newspaper regarding the publication of a notice or report 20 of proceedings to be heard by the Iowa public information board 21 as a contested case proceeding. 22 -9- LSB 5157SV (2) 90 ss/jh 9/ 9