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