Senate File 546 - Reprinted SENATE FILE 546 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO SF 480) (SUCCESSOR TO SSB 1190) (As Amended and Passed by the Senate April 20, 2023 ) A BILL FOR An Act relating to the publication of certain public notices 1 by designated public entities, and including effective date 2 provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 SF 546 (2) 90 ss/rn/mb
S.F. 546 Section 1. Section 75.2, Code 2023, is amended to read as 1 follows: 2 75.2 Notice of sale. 3 When public bonds are offered for sale, the official in 4 charge of the bond issue shall , by advertisement published 5 at least once, the last one of which shall be not less than 6 four nor more than twenty days before the sale in a newspaper 7 located in the county or a county contiguous to the place of 8 sale, give notice of the time and place of sale of the bonds, 9 the amount to be offered for sale, and any further information 10 which the official deems pertinent by publishing the time and 11 place of sale of the bonds, the amount to be offered for sale, 12 and any additional information the official deems pertinent 13 to the bond issue not less than four nor more than twenty 14 days before the sale in at least one electronic or written 15 publication with nationwide circulation that is recognized for 16 providing information regarding the sale of public bonds or in 17 a newspaper located in the county or a county contiguous to the 18 place of sale . 19 Sec. 2. Section 273.3, subsection 12, Code 2023, is amended 20 to read as follows: 21 12. Prepare an annual budget estimating income and 22 expenditures for programs and services as provided in sections 23 273.1 , 273.2 , this section , sections 273.4 through 273.8 , and 24 chapter 256B within the limits of funds provided under section 25 256B.9 and chapter 257 . The board shall post notice of a 26 public hearing on the proposed budget on the area education 27 agencys internet site and by publication in the newspaper of 28 general circulation in the territory of the area education 29 agency in which the principal place of business of a school 30 district that is a part of the area education agency is located 31 or in the manner prescribed in section 279.36 . The notice 32 shall specify the date, which shall be not later than March 33 1 of each year, the time, and the location of the public 34 hearing. The proposed budget as approved by the board shall 35 -1- SF 546 (2) 90 ss/rn/mb 1/ 6
S.F. 546 then be submitted to the state board of education, on forms 1 provided by the department, no later than March 15 preceding 2 the next fiscal year for approval. The state board shall 3 review the proposed budget of each area education agency and 4 shall before May 1, either grant approval or return the budget 5 without approval with comments of the state board included. An 6 unapproved budget shall be resubmitted to the state board for 7 final approval not later than May 15. The state board shall 8 give final approval only to budgets submitted by area education 9 agencies accredited by the state board or that have been given 10 conditional accreditation by the state board. 11 Sec. 3. Section 279.6, subsection 1, paragraph a, Code 2023, 12 is amended to read as follows: 13 a. Except as provided in paragraph b and subsection 2 , 14 vacancies occurring among the officers or members of a school 15 board shall be filled by the board by appointment. A person 16 so appointed to fill a vacancy in an elective office shall 17 hold office until a successor is elected and qualified at the 18 next regular school election, unless there is an intervening 19 special election for the school district, in which event a 20 successor shall be elected at the intervening special election, 21 in accordance with section 69.12 . To fill a vacancy occurring 22 among the members of a school board, the board shall publish 23 notice either on the boards internet site or in the manner 24 prescribed by section 279.36 , stating that the board intends to 25 fill the vacancy by appointment but that the electors of the 26 school district have the right to file a petition requiring 27 that the vacancy be filled by a special election conducted 28 pursuant to section 279.7 . The board may publish notice in 29 advance if a member of the board submits a resignation to take 30 effect at a future date. The board may make an appointment to 31 fill the vacancy after the notice is published or after the 32 vacancy occurs, whichever is later. 33 Sec. 4. Section 279.6, subsection 1, paragraph b, 34 subparagraphs (1) and (2), Code 2023, are amended to read as 35 -2- SF 546 (2) 90 ss/rn/mb 2/ 6
S.F. 546 follows: 1 (1) If within fourteen days after publication of a providing 2 notice required pursuant to paragraph a for a vacancy that 3 occurs more than one hundred eighty days before the next 4 regular school election, or after the filing period closes 5 pursuant to section 277.4, subsection 1 , for the next regular 6 school election, there is filed with the secretary of the 7 school board a petition requesting a special election to fill 8 the vacancy, an appointment to fill the vacancy is temporary 9 until a successor is elected and qualified, and the board shall 10 call a special election pursuant to section 279.7 , to fill the 11 vacancy for the remaining balance of the unexpired term. 12 (2) If within fourteen days after publication of a providing 13 notice required pursuant to paragraph a for a vacancy that 14 occurs one hundred eighty days or less but more than forty days 15 before the next regular school election there is filed with the 16 secretary of the school board a petition requesting to fill 17 the vacancy by election, an appointment to fill the vacancy is 18 temporary until a successor is elected and qualified, and the 19 school board shall require that the remaining balance of the 20 unexpired term be filled at the next regular school election. 21 Sec. 5. Section 618.1, Code 2023, is amended to read as 22 follows: 23 618.1 Publications in English Publication requirements . 24 1. All notices, proceedings, and other matter whatsoever, 25 required by law or ordinance to be published in a newspaper, 26 shall be published only in the English language and in official 27 newspapers published primarily in the English language. 28 2. a. All publications made in an official newspaper at the 29 rates contained in section 618.11 shall also be posted by the 30 official newspaper to the official newspapers internet site 31 within forty-eight hours of receipt from the public posting 32 entity, independent of the publication schedule of the official 33 newspapers printed version and not subject to any paywall or 34 subscription. 35 -3- SF 546 (2) 90 ss/rn/mb 3/ 6
S.F. 546 b. A public posting entitys statutory notice requirement 1 is satisfied as soon as a statutorily required public notice 2 is posted pursuant to this subsection regardless of whether 3 the statutorily required public notice has been printed in the 4 official newspapers printed version. 5 3. If no official newspaper exists in a public posting 6 entitys jurisdiction, the public posting entity satisfies the 7 requirements of this chapter by posting a statutorily required 8 public notice to the public posting entitys official internet 9 site or the relevant countys official internet site, and as 10 provided in section 4. 11 4. A public posting entity shall also post a physical 12 copy of a required public notice on a bulletin board or other 13 prominent place which is easily accessible to the public and 14 clearly designated for that purpose at the principal office of 15 the public posting entity, or if no such office exists, at the 16 building in which a meeting is to be held, if applicable. 17 5. An official newspaper shall cross reference and 18 publicize between the official newspapers printed version and 19 the official newspapers internet site. 20 6. A print-only newspaper shall cross reference and 21 publicize between the print-only newspapers official 22 newspapers printed version and the consolidated official 23 newspaper internet site for statutorily required public notices 24 utilized to satisfy section 618.3(6). 25 7. Nothing in this chapter modifies the duty of a public 26 posting entity to make public use copies of required notices 27 available to the public as otherwise required by law. 28 8. Nothing in this chapter modifies a public posting 29 entitys requirement to keep a record of statutorily required 30 public postings if another section requires such records to be 31 kept. 32 Sec. 6. NEW SECTION . 618.1A Definitions. 33 For the purposes of this chapter, unless the context 34 otherwise requires: 35 -4- SF 546 (2) 90 ss/rn/mb 4/ 6
S.F. 546 1. Consolidated official newspaper internet site for 1 statutorily required public notices means an internet site 2 owned and operated by an entity the membership of which 3 is solely comprised of official newspapers meeting the 4 requirements of section 618.3 and which provides access to 5 statutorily required public notices not subject to any paywall 6 or subscription and which additionally functions such that 7 members of the public may search for specific statutorily 8 required public notices and may subscribe to receive 9 notifications when a specific public posting entity posts a 10 statutorily required public notice. 11 2. Cross reference and publicize means providing 12 sufficient information such that a reasonable person would 13 know that the same information is contained in two or more 14 locations. 15 3. Official internet site means the internet site used 16 by a public posting entity to conduct or communicate official 17 business and information. 18 4. Official newspaper means a newspaper meeting the 19 requirements of section 618.3. 20 5. Official newspapers internet site means an internet 21 site owned and operated by an official newspaper to publish an 22 electronic version of the official newspaper. 23 6. Official newspapers printed version means the physical 24 version of an official newspaper. 25 7. Paywall or subscription means a fee charged by an 26 official newspaper to members of the public to receive or 27 access printed or electronic publications of the official 28 newspaper. 29 8. Print-only newspaper means a newspaper that does not 30 own or operate an official newspaper internet site to publish 31 the newspapers printed version. 32 9. Publication schedule means the time of and interval 33 between the publication of an official newspapers printed 34 version. 35 -5- SF 546 (2) 90 ss/rn/mb 5/ 6
S.F. 546 10. Public posting entity means the state of Iowa, a 1 county, a city, a public school district, a private agency as 2 defined in section 28E.2, a public agency as defined in section 3 28E.2, or any other public entity who is required by law or 4 ordinance to post a public notice. 5 11. Statutorily required public notice means a notice 6 required by the Iowa Code to be made available to members of 7 the public. 8 Sec. 7. Section 618.3, subsection 3, Code 2023, is amended 9 to read as follows: 10 3. Devotes at least twenty-five forty percent of its total 11 column space in more than one-half of its issues during any 12 twelve-month period to information of a public character other 13 than advertising. 14 Sec. 8. Section 618.3, Code 2023, is amended by adding the 15 following new subsections: 16 NEW SUBSECTION . 5. Has an official newspapers internet 17 site that provides public access to statutorily required public 18 notices that are to be published in the official newspapers 19 printed version independent of the publication schedule of 20 the official newspapers printed version and not subject to 21 a paywall or subscription. A print-only newspaper is exempt 22 from the requirements of this subsection provided that the 23 print-only newspaper posts statutorily required public notices 24 received from public posting entities to a consolidated 25 official newspaper internet site for statutorily required 26 public notices. 27 Sec. 9. EFFECTIVE DATE. This Act takes effect January 1, 28 2025. 29 -6- SF 546 (2) 90 ss/rn/mb 6/ 6