Senate File 480 - Introduced SENATE FILE 480 BY COMMITTEE ON TECHNOLOGY (SUCCESSOR TO SSB 1190) A BILL FOR An Act relating to the publication of certain public notices 1 by designated public entities, providing for fees, and 2 including effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2387SV (2) 90 ss/rn
S.F. 480 Section 1. Section 6B.2A, subsection 2, unnumbered 1 paragraph 1, Code 2023, is amended to read as follows: 2 The acquiring agency shall cause a notice to be published 3 once in a newspaper of general circulation in the county or 4 city where the agricultural land is located. The notice shall 5 be published as provided in chapter 9J at least four but no 6 more than twenty days before the public hearing is held as 7 referred to in subsection 1 . The published notice shall, at a 8 minimum, include the following information: 9 Sec. 2. NEW SECTION . 9J.1 Definitions. 10 For the purposes of this chapter, unless the context 11 otherwise requires: 12 1. Official internet site means the internet site used 13 by a public posting entity to conduct or communicate official 14 business and information. 15 2. Official social media account means a social media 16 account used by a public posting entity to conduct or 17 communicate official business and information. 18 3. Online portal means the system established and 19 maintained by the secretary of state pursuant to this chapter 20 for public posting entities to post statutorily required public 21 notices. 22 4. Public posting entity means the state of Iowa, a 23 county, a city, a public school district, a private agency as 24 defined in section 28E.2, or a public agency as defined in 25 section 28E.2. 26 5. Statutorily required public notice means a notice 27 required by the Iowa code to be made available to members of 28 the public. 29 Sec. 3. NEW SECTION . 9J.2 Online portal statutorily 30 required public notices. 31 1. Notwithstanding any provision of law requiring public 32 notice be provided through newspaper publication, publication 33 on a specific internet site, or other similar publication 34 location requirement, this chapter shall provide the sole 35 -1- LSB 2387SV (2) 90 ss/rn 1/ 23
S.F. 480 requirements for a public posting entity to satisfy public 1 notice requirements. 2 2. The secretary of state or the secretary of states 3 designee shall establish and maintain an online portal through 4 which public posting entities shall post statutorily required 5 public notices. 6 3. The online portal shall be searchable by all of the 7 following categories: 8 a. County. 9 b. City. 10 c. School district. 11 d. Public notice type, including but not limited to meeting 12 notices, meeting minutes, elections, abandoned property, 13 proposed rulemaking, and proposed public project. 14 4. The secretary of state shall collect a fee of five 15 dollars from a public posting entity for each notice posted by 16 the public posting entity. 17 5. Moneys collected by the secretary of state pursuant to 18 this section shall be deposited in the business administration 19 fund created pursuant to section 9.13. 20 Sec. 4. NEW SECTION . 9J.3 Public posting entities 21 responsibilities. 22 1. Each statutorily required public notice posted pursuant 23 to this chapter shall be posted on a timely basis as required 24 by the law requiring the public notice and include all of the 25 following: 26 a. All information necessary to satisfy the statutory 27 requirements of the specific public posting, including but not 28 limited to the purpose, date, location, and time of a public 29 meeting. 30 b. Current contact information of the public posting entity, 31 including a telephone number and email address, such that the 32 public may contact the public posting entity regarding the 33 public posting. 34 c. Instructions for submitting public comments, if 35 -2- LSB 2387SV (2) 90 ss/rn 2/ 23
S.F. 480 applicable. 1 2. A public posting entity is solely responsible for the 2 contents of its statutorily required public notice. Neither 3 the secretary of state nor the secretary of states designee 4 is responsible for the content of a public posting entitys 5 statutorily required public notice. This includes but is not 6 limited to monitoring or verifying the accuracy of a public 7 posting entitys public notice. 8 3. A public posting entity shall remove a statutorily 9 required public notice from the online portal within fourteen 10 business days following the expiration of the statutorily 11 required time the posting was required to be available to 12 the public. Nothing in this section shall be construed to 13 affect a posting entitys requirements to keep a record of 14 such statutorily required public postings if another section 15 requires such records be kept. 16 4. Notwithstanding section 9J.2, a public posting entity 17 shall post a physical copy of a statutorily required public 18 notice on a bulletin board or other prominent place which is 19 easily accessible to the public and clearly designated for that 20 purpose at the principal office of the public posting entity, 21 or if no such office exists, at the building in which the 22 meeting is to be held. 23 5. Nothing in this chapter shall affect the duty of a 24 public posting entity to make public use copies of statutorily 25 required public notices available to the public as otherwise 26 required by law. 27 6. A public posting entity shall, at least three times 28 between the enactment and the effective date of this Act, 29 publish a notice in a newspaper meeting the requirements of 30 section 618.3, at the rates set in section 618.11, that the 31 public posting entity will be required to post notices to the 32 online portal as of the effective date of this Act. The notice 33 shall include the internet address of the online portal and the 34 effective date of this Act. 35 -3- LSB 2387SV (2) 90 ss/rn 3/ 23
S.F. 480 Sec. 5. NEW SECTION . 9J.4 Permissive posting and 1 publication. 2 1. A public posting entity that has satisfied the 3 requirements of sections 9J.2 and 9J.3 may also post a 4 statutorily required public notice on the official internet 5 site or official social media account of the public posting 6 entity. 7 2. A public posting entity that has satisfied the 8 requirements of sections 9J.2 and 9J.3 may also post a 9 statutorily required public notice in an official newspaper 10 as provided in section 618.3 at the rates provided in section 11 618.11. 12 Sec. 6. NEW SECTION . 9J.5 Exceptions. 13 This chapter does not apply to any of the following: 14 1. The office of the governor. 15 2. The general assembly. 16 3. A notice regarding any of the following: 17 a. A rulemaking document posted pursuant to section 2B.5A. 18 b. The interstate physical therapy licensure compact posted 19 pursuant to section 147C.1. 20 c. The emergency medical services personnel licensure 21 interstate compact posted pursuant to section 147D.1. 22 d. The occupational therapy licensure compact posted 23 pursuant to section 147E.1. 24 e. The audiology and speech language pathology interstate 25 compact posted pursuant to section 147F.1. 26 f. The nurse and advanced practice registered nurse 27 licensure compacts posted pursuant to section 152E.1. 28 g. The interstate compact for juveniles posted pursuant to 29 section 232.173. 30 h. The vehicle equipment compacts posted pursuant to section 31 321D.1. 32 4. Notice required to be posted pursuant to chapter 17A. 33 5. Notice required to be posted pursuant to the Constitution 34 of the State of Iowa. 35 -4- LSB 2387SV (2) 90 ss/rn 4/ 23
S.F. 480 Sec. 7. NEW SECTION . 9J.6 Rules. 1 The secretary of state shall adopt rules pursuant to chapter 2 17A for the implementation of this chapter. 3 Sec. 8. Section 24.9, subsection 1, paragraph a, Code 2023, 4 is amended to read as follows: 5 a. Each municipality shall file with the secretary or clerk 6 thereof the estimates required to be made in sections 24.3 7 through 24.8 , at least twenty days before the date fixed by 8 law for certifying the same to the levying board and shall 9 forthwith fix a date for a hearing on the estimates, and 10 shall publish such estimates and any annual levies previously 11 authorized as provided in section 76.2 , with a notice of the 12 time when and the place where such hearing shall be held not 13 less than ten nor more than twenty days before the hearing. 14 Provided that in municipalities of less than two hundred 15 population such estimates and the notice of hearing shall 16 be posted in three public places in the district in lieu of 17 publication. For any other municipality such Such publication 18 shall be in a newspaper published in the municipality, if any, 19 if not, then in a newspaper of general circulation in the 20 municipality as provided in chapter 9J . 21 Sec. 9. Section 26A.3, subsection 3, paragraph b, Code 2023, 22 is amended to read as follows: 23 b. The request for statements of qualifications shall be 24 posted not less than thirteen and not more than forty-five days 25 before the date for response in a relevant contractor plan room 26 service with statewide circulation, in a relevant construction 27 lead generating service with statewide circulation, and on an 28 internet site sponsored by either a governmental entity or a 29 statewide association that represents the governmental entity 30 as provided in chapter 9J . If circumstances beyond the control 31 of the governmental entity require postponement and there are 32 no changes to the projects contract documents, a notice of 33 the revised date shall be posted not less than four and not 34 more than forty-five days before the revised date for answering 35 -5- LSB 2387SV (2) 90 ss/rn 5/ 23
S.F. 480 the request for proposals and statements of qualifications 1 in a relevant contractor plan room service with statewide 2 circulation, in a relevant construction lead generating service 3 with statewide circulation, and on an internet site sponsored 4 by either a government entity or a statewide association that 5 represents the governmental entity as provided in chapter 9J . 6 Sec. 10. Section 26A.3, subsection 5, paragraph a, 7 subparagraph (1), Code 2023, is amended to read as follows: 8 (1) The construction manager-at-risk shall prepare a 9 request for statements of qualifications. The request shall 10 include general information on the project site, project 11 scope, schedule, selection criteria, and the time and place 12 for receipt of statements of qualifications. The construction 13 manager-at-risk shall provide public notice of the request for 14 statements of qualifications in a relevant contractor plan room 15 service with statewide circulation, a relevant construction 16 lead generating service with statewide circulation, and on an 17 internet site sponsored by either a governmental entity or a 18 statewide association that represents the governmental entity 19 as provided in chapter 9J . The request for statements of 20 qualifications shall be posted not less than thirteen and not 21 more than forty-five days before the date for response. 22 Sec. 11. Section 49.53, subsection 2, Code 2023, is amended 23 to read as follows: 24 2. The notice shall be published in at least one newspaper, 25 as defined in section 618.3 , which is published in the county 26 or other political subdivision in which the election is to 27 occur or, if no newspaper is published there, in at least 28 one newspaper of substantial circulation in the county or 29 political subdivision. For the general election or the primary 30 election the foregoing notice shall be published in at least 31 two newspapers published in the county. However, if there is 32 only one newspaper published in the county, publication in one 33 newspaper shall be sufficient as provided in chapter 9J . 34 Sec. 12. Section 69.2, subsection 2, Code 2023, is amended 35 -6- LSB 2387SV (2) 90 ss/rn 6/ 23
S.F. 480 to read as follows: 1 2. If the status of an officeholder is in question, the 2 entity or officer responsible for making an appointment to 3 fill the vacancy shall decide whether a vacancy exists. The 4 appointing entity or officer may act upon its own motion. If 5 a petition signed by twenty-five registered voters of the 6 jurisdiction is received, the appointing entity or officer 7 shall convene within thirty days to consider whether a vacancy 8 exists. The appointing entity or officer shall publish notice 9 as provided in chapter 9J that a public hearing will be held to 10 determine whether a vacancy exists. The notice shall include 11 the time and place of the hearing and the name of the office 12 and the officeholder whose status is in question. The public 13 hearing shall be held not less than four nor more than fourteen 14 days after publication of the notice. The officer whose status 15 is in question shall be notified of the time and place of the 16 hearing. Notice shall be sent by certified mail and must be 17 postmarked at least fourteen days before the hearing. No later 18 than seven days after the public hearing, the appointing entity 19 or officer shall publish its decision. If the appointing 20 entity or officer decides that the office is vacant, the 21 publication shall state the date the vacancy occurred and what 22 action will be taken to fill the vacancy. 23 Sec. 13. Section 256.11, subsection 16, paragraph c, Code 24 2023, is amended to read as follows: 25 c. If the state board takes preliminary action to remove 26 an agency from the approved list published on the departments 27 internet site pursuant to paragraph a , the department 28 shall, at least one year prior to removing the agency from 29 the approved list, notify the nonpublic schools participating 30 in the accreditation process offered by the agency of the 31 state boards intent to remove the accrediting agency from its 32 approved list of independent accrediting agencies. The notice 33 shall also be posted on the departments internet site as 34 provided in chapter 9J and shall contain the proposed date of 35 -7- LSB 2387SV (2) 90 ss/rn 7/ 23
S.F. 480 removal. The nonpublic school shall attain accreditation under 1 this subsection or subsections 1 through 12 not later than one 2 year following the date on which the state board removes the 3 agency from its list of independent accrediting agencies. 4 Sec. 14. Section 260C.14, subsection 12, Code 2023, is 5 amended to read as follows: 6 12. During the second week of August of each year, publish 7 by one insertion in at least one newspaper published in the 8 merged area as provided in chapter 9J a summarized statement 9 verified by affidavit of the secretary of the board showing 10 the receipts and disbursements of all funds of the community 11 college for the preceding fiscal year. The statement of 12 disbursements shall show the names of the persons, firms, 13 or corporations, and the total amount paid to each during 14 the fiscal year. The board is not required to make the 15 publications and notices required under sections 279.35 and 16 279.36 . 17 Sec. 15. Section 279.36, Code 2023, is amended to read as 18 follows: 19 279.36 Publication procedures and fee . 20 1. The requirements of section 279.35 are satisfied by 21 publication in at least one newspaper published in the district 22 or, if there is none, in at least one newspaper having general 23 circulation within the district as provided in chapter 9J . 24 2. For the fiscal year beginning July 1, 1989, and each 25 fiscal year thereafter, the fee for the publications shall be 26 the legal publication fee provided by section 618.11 . 27 Sec. 16. Section 321.89, subsection 3, paragraph g, Code 28 2023, is amended to read as follows: 29 g. If it is impossible to determine with reasonable 30 certainty the identities and addresses of the last registered 31 owner and all lienholders, notice by one publication in 32 one newspaper of general circulation in the area where the 33 vehicle was abandoned as provided in chapter 9J shall be 34 sufficient to meet all requirements of notice under this 35 -8- LSB 2387SV (2) 90 ss/rn 8/ 23
S.F. 480 section . The published notice may contain multiple listings of 1 abandoned vehicles but shall be published within the same time 2 requirements and contain the same information as prescribed for 3 mailed notice in this subsection . 4 Sec. 17. Section 331.302, subsection 8, Code 2023, is 5 amended to read as follows: 6 8. A resolution becomes effective upon passage and an 7 ordinance or amendment becomes a law when a summary of the 8 ordinance or the complete text of the ordinance is published 9 as provided in chapter 9J , unless a subsequent effective date 10 is provided within the measure. As used in this subsection , 11 summary shall mean a narrative description of the terms and 12 conditions of an ordinance setting forth the main points of 13 the ordinance in a manner calculated to inform the public in a 14 clear and understandable manner the meaning of the ordinance 15 and which shall provide the public with sufficient notice to 16 conform to the desired conduct required by the ordinance. 17 The description shall include the title of the ordinance, 18 an accurate and intelligible abstract or synopsis of the 19 essential elements of the ordinance, a statement that the 20 description is a summary, the location and the normal business 21 hours of the office where the ordinance may be inspected, when 22 the ordinance becomes effective, and the full text of any 23 provisions imposing fines, penalties, forfeitures, fees, or 24 taxes. Legal descriptions of property set forth in ordinances 25 shall be described in full, provided that maps or charts may be 26 substituted for legal descriptions when they contain sufficient 27 detail to clearly define the area with which the ordinance is 28 concerned. The narrative description shall be written in a 29 clear and coherent manner and shall, to the extent possible, 30 avoid the use of technical or legal terms not generally 31 familiar to the public. When necessary to use technical or 32 legal terms not generally familiar to the public, the narrative 33 description shall include definitions of those terms. 34 Sec. 18. Section 331.305, subsection 1, Code 2023, is 35 -9- LSB 2387SV (2) 90 ss/rn 9/ 23
S.F. 480 amended to read as follows: 1 1. Unless otherwise provided by state law, if notice of an 2 election, hearing, or other official action is required by this 3 chapter , the board shall publish the notice at least once, not 4 less than four nor more than twenty days before the date of the 5 election, hearing, or other action, in one or more newspapers 6 which meet the requirements of section 618.14 as provided in 7 chapter 9J . Notice of an election shall also comply with 8 section 49.53 . 9 Sec. 19. Section 331.434, subsections 3 and 6, Code 2023, 10 are amended to read as follows: 11 3. Following, and not until, adoption of the resolution 12 under section 331.433A , the board shall set a time and 13 place for a public hearing on the budget before the final 14 certification date and shall publish notice of the hearing 15 not less than ten nor more than twenty days prior to the 16 hearing in the county newspapers selected under chapter 349 17 as provided in chapter 9J . A summary of the proposed budget 18 and a description of the procedure for protesting the county 19 budget under section 331.436 , in the form prescribed by the 20 director of the department of management, shall be included 21 in the notice. Proof of publication of the notice under this 22 subsection 3 and a copy of the resolution adopted under section 23 331.433A shall be filed with and preserved by the auditor. A 24 levy is not valid unless and until the notice is published and 25 the notice and resolution adopted under section 331.433A are 26 filed. The department of management shall prescribe the form 27 for the public hearing notice for use by counties. 28 6. The board shall appropriate, by resolution, the amounts 29 deemed necessary for each of the different county officers 30 and departments during the ensuing fiscal year. Increases 31 or decreases in these appropriations do not require a budget 32 amendment, but may be provided by resolution at a regular 33 meeting of the board, as long as each class of proposed 34 expenditures contained in the budget summary published under 35 -10- LSB 2387SV (2) 90 ss/rn 10/ 23
S.F. 480 subsection 3 of this section is not increased. However, 1 decreases in appropriations for a county officer or department 2 of more than ten percent or five thousand dollars, whichever 3 is greater, shall not be effective unless the board sets a 4 time and place for a public hearing on the proposed decrease 5 and publishes notice of the hearing not less than ten nor more 6 than twenty days prior to the hearing in the county newspapers 7 selected under chapter 349 as provided in chapter 9J . 8 Sec. 20. Section 346.27, subsection 10, paragraph b, Code 9 2023, is amended to read as follows: 10 b. In addition to the notice required by section 49.53 , a 11 notice of the election shall be published once each week for at 12 least two weeks in some newspaper published in the county as 13 provided in chapter 9J stating the date of the election, the 14 hours the polls will be open, and a copy of the question. The 15 authority shall call this election with the concurrence of both 16 incorporating units. The election shall be conducted by the 17 commissioner in accordance with the provisions of chapters 49 18 and 50 . 19 Sec. 21. Section 349.16, unnumbered paragraph 1, Code 2023, 20 is amended to read as follows: 21 There shall be published as provided in chapter 9J and in 22 each of the official newspapers at the expense of the county 23 during the ensuing year: 24 Sec. 22. Section 349.18, subsection 3, paragraph b, Code 25 2023, is amended to read as follows: 26 b. In addition to the requirements in paragraph a , if a 27 county operates an internet site, the county auditor shall post 28 the full text of all resolutions adopted by the board on the 29 internet site as provided in chapter 9J . Any posted summary or 30 text of a full resolution shall include links directing readers 31 to information relevant to the content of the resolution. 32 Sec. 23. Section 358.40, subsections 3 and 4, Code 2023, are 33 amended to read as follows: 34 3. The board shall examine the petition at its next meeting 35 -11- LSB 2387SV (2) 90 ss/rn 11/ 23
S.F. 480 after its filing or within twenty days of the filing, whichever 1 date is earlier. Within ten days of the meeting, the board 2 shall publish notice of the petition and the date, time, and 3 place of the meeting at which time the board proposes to take 4 action on the petition. The notice shall be published in a 5 newspaper of general circulation published in the district 6 and, if no newspaper is published within the district, in a 7 newspaper published in the county in which the major part of 8 the district is located as provided in chapter 9J . At the 9 boards meeting, or subsequent meetings as necessary, if the 10 petition is found to comply with the requirements of this 11 section and the board of trustees consents by majority vote, 12 the board of supervisors may provide for payment as requested 13 or modify the method of payment of costs and expenses. 14 4. If the board decides that dissolution is warranted for 15 the best interest of the public, it shall publish a notice in a 16 newspaper of general circulation published in the district or, 17 if no newspaper is published in the district, in a newspaper 18 published in the county in which the major part of the district 19 is located as provided in chapter 9J and give notice by mail 20 to all known claimants or creditors of the district that it 21 will receive and adjudicate claims against the district for 22 four months from the date the notice is published and shall 23 levy an annual tax as necessary against all property in the 24 district for the number of years required to pay all claims 25 allowed. However, the annual tax levied under this subsection 26 shall not exceed four dollars per thousand dollars of assessed 27 valuation of the taxable property within the district at the 28 time of dissolution. The levy shall be made in the same manner 29 as provided in section 76.2 . After the board makes a specific 30 finding that all indebtedness, costs, and expenses have been 31 paid or levies approved for their payment, the board shall 32 dissolve the district by resolution entered upon its records. 33 The dissolution order shall be noted by the auditor on the 34 county records, showing the date when the dissolution became 35 -12- LSB 2387SV (2) 90 ss/rn 12/ 23
S.F. 480 effective. 1 Sec. 24. Section 359.52, subsection 1, paragraph a, Code 2 2023, is amended to read as follows: 3 a. The board of trustees shall set forth its proposal in a 4 resolution and shall publish notice of the resolution and of 5 a date, time, and place of a public hearing on the proposal. 6 The notice shall be published in a newspaper published at least 7 once weekly and having general circulation in the township or 8 in the largest city in the township as provided in chapter 9J . 9 The notice shall be published no less than ten days and no more 10 than twenty days before the hearing. 11 Sec. 25. Section 362.3, subsection 1, paragraph b, Code 12 2023, is amended to read as follows: 13 b. A publication required by the city code must be in a 14 newspaper published at least once weekly and having general 15 circulation in the city. However, if the city has a population 16 of two hundred or less, or in the case of ordinances and 17 amendments to be published in a city in which no newspaper is 18 published, a publication may be made by posting in three public 19 places in the city which have been permanently designated by 20 ordinance published as provided in chapter 9J . 21 Sec. 26. Section 362.3, subsection 2, Code 2023, is amended 22 by striking the subsection. 23 Sec. 27. Section 364.2, subsection 4, paragraph c, Code 24 2023, is amended to read as follows: 25 c. Notice of the election shall be given by publication 26 as prescribed in section 49.53 in a newspaper of general 27 circulation in the city and chapter 9J . 28 Sec. 28. Section 368.7, subsection 1, paragraph d, Code 29 2023, is amended to read as follows: 30 d. The city shall provide for a public hearing on the 31 application before approving or denying it. The city shall 32 provide written notice at least fourteen business days prior 33 to any action by the city council regarding the application, 34 including a public hearing, by regular mail to the chairperson 35 -13- LSB 2387SV (2) 90 ss/rn 13/ 23
S.F. 480 of the board of supervisors of each county which contains a 1 portion of the territory proposed to be annexed, each public 2 utility which serves the territory proposed to be annexed, 3 each owner of property located within the territory to be 4 annexed who is not a party to the application, and each owner 5 of property that adjoins the territory to be annexed unless 6 the adjoining property is in a city. The city shall publish 7 notice of the application and public hearing on the application 8 in an official county newspaper in each county which contains 9 a portion of the territory proposed to be annexed as provided 10 in chapter 9J . Both the written and published notice shall 11 include the time and place of the public hearing and a legal 12 description of the territory to be annexed. The city shall 13 not assess the costs of providing notice as required in this 14 section to the applicants. The city council shall approve or 15 deny the application by resolution of the council. 16 Sec. 29. Section 368.7, subsections 2 and 3, Code 2023, are 17 amended to read as follows: 18 2. An application for annexation of territory not within 19 an urbanized area of a city other than the city to which the 20 annexation is directed must be approved by resolution of the 21 council which receives the application. The city council shall 22 mail a copy of the application by certified mail to the board 23 of supervisors of each county which contains a portion of the 24 territory at least fourteen business days prior to any action 25 taken by the city council on the application. The council 26 shall also publish notice of the application in an official 27 county newspaper in each county which contains a portion of 28 the territory as provided in chapter 9J at least fourteen days 29 prior to any action taken by the council on the application. 30 Upon receiving approval of the council, the city clerk shall 31 file a copy of the resolution, map, and legal description of 32 the territory involved with the secretary of state, the county 33 board of supervisors of each county which contains a portion 34 of the territory, each affected public utility, and the state 35 -14- LSB 2387SV (2) 90 ss/rn 14/ 23
S.F. 480 department of transportation. The city clerk shall also record 1 a copy of the legal description, map, and resolution with the 2 county recorder of each county which contains a portion of 3 the territory. The secretary of state shall not accept and 4 acknowledge a copy of a legal description, map, and resolution 5 of annexation which would create an island. The annexation is 6 completed upon acknowledgment by the secretary of state that 7 the secretary of state has received the legal description, map, 8 and resolution. 9 3. An application for annexation of territory within an 10 urbanized area of a city other than the city to which the 11 annexation is directed must be approved both by resolution of 12 the council which receives the application and by the board. 13 The board shall not approve an application which creates an 14 island. Notice of the application shall be mailed by certified 15 mail, by the city to which the annexation is directed, at least 16 fourteen business days prior to any action by the city council 17 on the application to the council of each city whose boundary 18 adjoins the territory or is within two miles of the territory, 19 to the board of supervisors of each county which contains a 20 portion of the territory, each affected public utility, and 21 to the regional planning authority of the territory. Notice 22 of the application shall be published in an official county 23 newspaper in each county which contains a portion of the 24 territory as provided in chapter 9J at least ten business days 25 prior to any action by the city council on the application. 26 The annexation is completed when the board has filed and 27 recorded copies of applicable portions of the proceedings as 28 required by section 368.20, subsection 1 , paragraph b . 29 Sec. 30. Section 384.15A, subsection 4, paragraph a, 30 unnumbered paragraph 1, Code 2023, is amended to read as 31 follows: 32 The council shall set a time and place for a public 33 hearing on the resolution before the date for adoption of the 34 resolution and shall publish notice of the hearing not less 35 -15- LSB 2387SV (2) 90 ss/rn 15/ 23
S.F. 480 than ten nor more than twenty days prior to the hearing in a 1 newspaper published at least once weekly and having general 2 circulation in the city. However, if the city has a population 3 of two hundred or less, publication may be made by posting in 4 three public places in the city as provided in chapter 9J . 5 If the city has an internet site, the notice shall may also 6 be posted and clearly identified on the citys internet site 7 for public viewing beginning on the date of the newspaper 8 publication or public posting, as applicable. Additionally, if 9 the city maintains a social media account on one or more social 10 media applications, the public hearing notice or an electronic 11 link to the public hearing notice shall may be posted on each 12 such account on the same day as the publication of the notice. 13 All of the following shall be included in the notice: 14 Sec. 31. Section 384.16, subsection 3, Code 2023, is amended 15 to read as follows: 16 3. Following, and not until, adoption of the resolution 17 under section 384.15A , the council shall set a time and place 18 for public hearing on the budget before the final certification 19 date and shall publish notice of the hearing not less than ten 20 nor more than twenty days before the hearing in a newspaper 21 published at least once weekly and having general circulation 22 in the city. However, if the city has a population of two 23 hundred or less, publication may be made by posting in three 24 public places in the city as provided in chapter 9J . A summary 25 of the proposed budget and a description of the procedure for 26 protesting the city budget under section 384.19 , in the form 27 prescribed by the director of the department of management, 28 shall be included in the notice. Proof of publication of the 29 notice under this subsection 3 and a copy of the resolution 30 adopted under section 384.15A must be filed with the county 31 auditor. The department of management shall prescribe the form 32 for the public hearing notice for use by cities. 33 Sec. 32. Section 419.9, Code 2023, is amended to read as 34 follows: 35 -16- LSB 2387SV (2) 90 ss/rn 16/ 23
S.F. 480 419.9 Public hearing. 1 Prior to the issuance of any bonds under authority of this 2 chapter , the municipality shall conduct a public hearing on the 3 proposal to issue said bonds. Notice of intention to issue the 4 bonds, specifying the amount and purpose thereof and the time 5 and place of hearing, shall be published at least once not less 6 than fifteen days prior to the date fixed for the hearing in 7 a newspaper published and having a general circulation within 8 the municipality. If there is no newspaper published therein, 9 the notice shall be published in a newspaper published in the 10 county and having a general circulation in the municipality 11 as provided in chapter 9J . At the time and place fixed for 12 the public hearing the governing body of the municipality 13 shall give all local residents who appear at the hearing an 14 opportunity to express their views for or against the proposal 15 to issue the bonds and at the hearing, or any adjournment 16 thereof, shall adopt a resolution determining whether or not to 17 proceed with the issuance of the bonds. 18 Sec. 33. Section 423F.3, subsection 3, paragraph d, Code 19 2023, is amended to read as follows: 20 d. The board secretary shall notify the county commissioner 21 of elections of the intent to take an issue to the voters 22 pursuant to paragraph b or c . The county commissioner 23 of elections shall publish the notices required by law for 24 special or general elections as provided in chapter 9J , and the 25 election shall be held on a date specified in section 39.2, 26 subsection 4 , paragraph c . A majority of those voting on the 27 question must favor approval of the revenue purpose statement. 28 If the proposal is not approved, the school district shall 29 not submit the same or new revenue purpose statement to the 30 electors for a period of six months from the date of the 31 previous election. 32 Sec. 34. Section 423F.3, subsection 7, paragraph a, Code 33 2023, is amended to read as follows: 34 a. Prior to approving the use of revenues received under 35 -17- LSB 2387SV (2) 90 ss/rn 17/ 23
S.F. 480 this chapter for an athletic facility infrastructure project 1 within the scope of the school districts approved revenue 2 purpose statement or pursuant to subsection 4 for a school 3 district without an approved revenue statement, the board of 4 directors shall adopt a resolution setting forth the proposal 5 for the athletic facility infrastructure project and hold an 6 additional public hearing on the issue of construction of the 7 athletic facility. Notice of the time and place of the public 8 hearing shall be published not less than ten nor more than 9 twenty days before the public hearing in a newspaper which is 10 a newspaper of general circulation in the school district as 11 provided in chapter 9J . If at any time prior to the fifteenth 12 day following the hearing, the secretary of the board of 13 directors receives a petition containing the required number 14 of signatures and asking that the question of the approval of 15 the use of revenues for the athletic facility infrastructure 16 project be submitted to the voters of the school district, 17 the board of directors shall either rescind the boards 18 resolution for the use of revenues for the athletic facility 19 infrastructure project or direct the county commissioner of 20 elections to submit the question to the registered voters of 21 the school district at an election held on a date specified 22 in section 39.2, subsection 4 , paragraph c . The petition 23 must be signed by eligible electors equal in number to not less 24 than one hundred or thirty percent of the number of voters 25 at the last preceding election of school officials under 26 section 277.1 , whichever is greater. If a majority of those 27 voting on the question favors the use of the revenues for the 28 athletic facility infrastructure project, the board shall be 29 authorized to approve such use by resolution of the board. If 30 a majority of those voting on the question does not favor the 31 use of the revenues for the athletic facility infrastructure 32 project, the board of directors shall rescind the boards 33 resolution for the use of revenues for the athletic facility 34 infrastructure project. If a petition is not received by the 35 -18- LSB 2387SV (2) 90 ss/rn 18/ 23
S.F. 480 board of directors within the prescribed time period, the board 1 of directors may approve the use of revenues for the athletic 2 facility infrastructure project without voter approval. 3 Sec. 35. Section 455B.305A, subsection 1, paragraph b, Code 4 2023, is amended to read as follows: 5 b. Prior to the siting of a proposed new sanitary landfill 6 or incinerator by a private agency disposing of waste which 7 the agency generates on property owned by the agency which is 8 located outside of the city limits and for which no county 9 zoning ordinance exists, the private agency shall cause written 10 notice of the proposal, including the nature of the proposed 11 facility, and the right of the owner to submit a petition for 12 formal siting of the proposed site, to be served either in 13 person or by mail on the owners and residents of all property 14 within two miles in each direction of the proposed local site 15 area. The owners shall be identified based upon the authentic 16 tax records of the county in which the proposed site is to be 17 located. The private agency shall notify the county board of 18 supervisors which governs the county in which the site is to 19 be located of the proposed siting, and certify that notices 20 have been mailed to owners and residents of the impacted area. 21 Written notice shall be published in the official newspaper, 22 as selected by the county board of supervisors pursuant to 23 section 349.1 , of the county in which the site is located as 24 provided in chapter 9J . The notice shall state the name and 25 address of the applicant, the location of the proposed site, 26 the nature and size of the development, the nature of the 27 activity proposed, the probable life of the proposed activity, 28 and a description of the right of persons to comment on the 29 request. If two hundred fifty or a minimum of twenty percent, 30 whichever is less, of the owners and residents of property 31 notified submit a petition for formal review to the county 32 board of supervisors or if the county board of supervisors, on 33 the boards own motion, requires formal review of the proposed 34 siting, the private agency proposal is subject to the formal 35 -19- LSB 2387SV (2) 90 ss/rn 19/ 23
S.F. 480 siting procedures established pursuant to this section . 1 Sec. 36. Section 455B.305A, subsection 3, paragraph b, Code 2 2023, is amended to read as follows: 3 b. Written notice shall be published in the official 4 newspaper of the county in which the site is located as 5 provided in chapter 9J . The notice shall state the name and 6 address of the applicant, the location of the proposed site, 7 the nature and size of the development, the nature of the 8 activity proposed, the probable life of the proposed activity, 9 the date when the request for site approval will be submitted, 10 and a description of the right of persons to comment on the 11 request. 12 Sec. 37. Section 455B.305A, subsection 5, Code 2023, is 13 amended to read as follows: 14 5. At least one public hearing shall be held by the city 15 council or county board of supervisors no sooner than ninety 16 days but no later than one hundred twenty days from receipt of 17 the request for siting approval. A hearing shall be preceded 18 by published notice in an official newspaper of the county of 19 the proposed site, including in any official newspaper located 20 in the city of the proposed site as provided in chapter 9J . 21 Sec. 38. Section 459.304, subsection 2, paragraph a, 22 subparagraph (1), Code 2023, is amended to read as follows: 23 (1) The board shall publish a notice that the board has 24 received the application in a newspaper having a general 25 circulation in the county as provided in chapter 9J . 26 Sec. 39. Section 465C.11, subsection 3, Code 2023, is 27 amended to read as follows: 28 3. Before the board shall make a finding of imperative and 29 unavoidable public necessity, or shall enter into any amendment 30 to articles of dedication, the board shall provide notice of 31 such proposal and opportunity for any person to be heard. Such 32 notice shall be published at least once in a newspaper with a 33 general circulation in the county or counties wherein the area 34 directly affected is situated as provided in chapter 9J , and 35 -20- LSB 2387SV (2) 90 ss/rn 20/ 23
S.F. 480 mailed within ten days of such published notice to all persons 1 who have requested notice of all such proposed actions. Each 2 notice shall set forth the substance of the proposed action and 3 describe, with or without legal description, the area affected, 4 and shall set forth a place and time not less than sixty days 5 thence for all persons desiring to be heard to have reasonable 6 opportunity to be heard prior to the finding of the board. 7 Sec. 40. Section 533.320, subsection 4, paragraph b, Code 8 2023, is amended to read as follows: 9 b. The sale shall be held at the time and place specified 10 in a notice published prior to the sale once each week for 11 two successive weeks in a newspaper of general circulation 12 published in the city or unincorporated area in which the state 13 credit union has its principal place of business, or if there 14 is none, a newspaper of general circulation published in the 15 county, or in a county adjoining the county, in which the state 16 credit union has its principal place of business as provided 17 in chapter 9J . 18 Sec. 41. Section 556.12, subsection 1, Code 2023, is amended 19 to read as follows: 20 1. If a report has been filed with the treasurer of state, 21 or property has been paid or delivered to the treasurer of 22 state, for the fiscal year ending on June 30 or, in the case of 23 unclaimed demutualization proceeds, for the preceding calendar 24 year as required by section 556.11 , the treasurer of state 25 shall provide for the publication annually of at least one 26 notice not later than the following November 30. Each notice 27 shall be published at least once each week for two successive 28 weeks in an English language newspaper of general circulation 29 in the county in this state in which is located the last known 30 address of any person to be named in the notice. If an address 31 is not listed or if the address is outside this state, the 32 notice shall be published in the county in which the holder 33 of the abandoned property has its principal place of business 34 within this state as provided in chapter 9J . 35 -21- LSB 2387SV (2) 90 ss/rn 21/ 23
S.F. 480 Sec. 42. EFFECTIVE DATE. This Act takes effect July 1, 1 2024, except that the secretary of state may adopt rules for 2 the implementation of this Act prior to that date. 3 EXPLANATION 4 The inclusion of this explanation does not constitute agreement with 5 the explanations substance by the members of the general assembly. 6 This bill relates to the posting of public notices. The bill 7 requires the secretary of state or the secretary of states 8 designee to create an online portal on which a public posting 9 entity, defined in the bill to include the state of Iowa, an 10 Iowa county, an Iowa city, an Iowa public school district, or 11 an Iowa private or public agency as defined in Code chapter 12 28E (joint exercise of governmental powers), must post all 13 statutorily required public notices, defined in the bill. 14 The online portal shall be searchable based on county, city, 15 school district, and type of public notice. The bill requires 16 the secretary of state to collect a fee of $5 from a public 17 posting entity for each notice posted by the entity and to 18 deposit moneys collected pursuant to the bill in the business 19 administration fund. 20 The bill requires a statutorily required public notice 21 posted to the online portal to be timely made, include 22 statutorily required information, contact information for 23 the entity posting the notice, and instructions for making 24 public comments, if applicable. A public posting entity is 25 solely responsible for the contents of a notice posted by the 26 entity, and neither the secretary of state nor the secretary 27 of states designee shall be responsible for the content of 28 public notices. The bill requires a public posting entity to 29 remove a statutorily required public notice from the online 30 portal within 14 days of the expiration of the required posting 31 time. The bill does not change a public posting entitys 32 responsibility to keep record of a posting or make public use 33 copies of a posting available if otherwise required. The bill 34 also requires a public posting entity to post a physical copy 35 -22- LSB 2387SV (2) 90 ss/rn 22/ 23
S.F. 480 of a statutorily required public notice in a prominent place 1 that is easily accessible to the public and clearly designated 2 for that purpose at the principal office of the public posting 3 entity, or if no such office exists, at the building in which 4 the meeting is to be held. The bill allows a public posting 5 entity to also post a statutorily required public notice on 6 the official internet site or official social media account of 7 the public posting entity or in an official newspaper. The 8 bill requires a public posting entity to publish a notice in 9 a newspaper at least three times between the enactment and 10 effective date of the bill that the public posting entity will 11 be required to post notices to the online portal, the internet 12 address for which will be included in the notice. 13 The bill does not apply to the office of the governor 14 or the general assembly. The bill also exempts notices 15 posted pursuant to Code section 2B.5A (Iowa administrative 16 bulletin and Iowa administrative code), Code sections enacting 17 interstate compacts, Code chapter 17A (Iowa administrative 18 procedure Act), or the Iowa Constitution from the requirements 19 of the bill. 20 The bill amends sections throughout the Code that require 21 the publication of public notice to require that the notice 22 be posted consistent with the requirements of the bill. The 23 bill takes effect July 1, 2024, except that the secretary of 24 state may adopt rules for the implementation of the bill prior 25 to that date. 26 -23- LSB 2387SV (2) 90 ss/rn 23/ 23