Senate Study Bill 3107 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON TECHNOLOGY BILL BY CHAIRPERSON COURNOYER) A BILL FOR An Act relating to publication requirements for official 1 publications. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5157XC (3) 90 ss/jh
S.F. _____ Section 1. Section 24.9, subsection 1, paragraph a, Code 1 2024, 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 publication 15 shall be in a newspaper published in the municipality, if 16 any, if not, then in a newspaper of general circulation in 17 the municipality. If such a newspaper is not published in 18 the municipality, the municipality satisfies the publication 19 requirements of this paragraph by publishing the notice of 20 hearing to the municipalitys official internet site such that 21 the notice is clearly identifiable and accessible. 22 Sec. 2. Section 47.5, subsection 2, Code 2024, is amended 23 to read as follows: 24 2. When it is proposed to purchase any goods or services, 25 other than data processing services, in connection with 26 administration of elections, the commissioner shall publish 27 notice to bidders, including specifications regarding the goods 28 or services to be purchased or a description of the nature 29 and object of the services to be retained, in a newspaper 30 of general circulation in the county not less than fifteen 31 days before the final date for submission of bids. When 32 competitive bidding procedures are used, the purchase of 33 goods or services shall be made from the lowest responsible 34 bidder which meets the specifications or description of the 35 -1- LSB 5157XC (3) 90 ss/jh 1/ 14
S.F. _____ services needed or the commissioner may reject all bids and 1 readvertise. In determining the lowest responsible bidder, 2 various factors may be considered, including but not limited 3 to the past performance of the bidder relative to quality of 4 product or service, the past experience of the purchaser in 5 relation to the product or service, the relative quality of 6 products or services, the proposed terms of delivery and the 7 best interest of the county. If there is not such a newspaper 8 published in the county, the county satisfies the notice 9 requirements of this subsection by publishing the notice to the 10 countys official internet site such that the notice is clearly 11 identifiable and accessible. 12 Sec. 3. Section 49.53, subsection 2, Code 2024, is amended 13 to read as follows: 14 2. The notice shall be published in at least one newspaper, 15 as defined in that meets the requirements of section 618.3 , 16 which is published in the county or other political subdivision 17 in which the election is to occur or, if no such newspaper 18 is published there, in at least one newspaper of substantial 19 circulation in the county or political subdivision the notice 20 shall be posted to the internet site of the county and to 21 the internet site of any political subdivision in which 22 the election is to occur such that the notice is clearly 23 identifiable and accessible . For the general election or the 24 primary election the foregoing notice shall be published in 25 at least two newspapers published in the county. However, 26 if there is only one such newspaper published in the county, 27 publication in one such newspaper shall be sufficient. If 28 no such newspapers exist, the notice shall be posted to the 29 countys official internet site such that the notice is clearly 30 identifiable and accessible. 31 Sec. 4. Section 49A.1, Code 2024, is amended by adding the 32 following new subsection: 33 NEW SUBSECTION . 3. If at least two newspapers are not 34 published in a congressional district, the proposition to 35 -2- LSB 5157XC (3) 90 ss/jh 2/ 14
S.F. _____ amend the Constitution shall be posted, during each month, 1 to the official internet sites of each county and political 2 subdivision within the congressional district such that the 3 notice is clearly identifiable and accessible. The proposition 4 to amend the Constitution shall also be published, during each 5 month, on an internet site of the general assembly. 6 Sec. 5. Section 49A.2, Code 2024, is amended to read as 7 follows: 8 49A.2 Publication of proposed public measure. 9 Whenever any public measure has passed the general 10 assembly which under the Constitution must be published and 11 submitted to a vote of the entire people of the state, the 12 state commissioner of elections shall cause the same to be 13 published, once each month, in at least one newspaper of 14 general circulation in each county in the state, for the time 15 required by the Constitution. If such a newspaper is not 16 published in the county, the public measure shall be posted, 17 once each month, to the official internet sites of the county 18 and all political subdivisions within the county such that the 19 public measure is clearly identifiable and accessible. 20 Sec. 6. Section 49A.3, subsection 1, Code 2024, is amended 21 by adding the following new paragraphs: 22 NEW PARAGRAPH . c. Proof of publication on an official 23 internet site of a county shall be made by filing a certificate 24 by the county auditor in the office of the state commissioner 25 of elections that the publication as described in this 26 paragraph has been made as required by law. 27 NEW PARAGRAPH . d. Proof of publication on an official 28 internet site of a political subdivision shall be made by 29 filing a certificate by the city clerk of each city and 30 the county auditor of each county containing the political 31 subdivision in the office of the state commissioner of 32 elections that the publication as described in this paragraph 33 has been made as required by law. 34 Sec. 7. Section 181.15, subsection 1, Code 2024, is amended 35 -3- LSB 5157XC (3) 90 ss/jh 3/ 14
S.F. _____ to read as follows: 1 1. The secretary shall provide for the publication of a 2 notice of the referendum for a period of not less than five 3 days in a newspaper of general circulation in the state and 4 in such other newspapers as the secretary may prescribe. The 5 notice of referendum shall set forth the period for voting 6 and the voting places for the referendum and the amount of 7 the state assessment. A referendum shall not be commenced 8 prior to fourteen days after the last day of such period of 9 publication. If no such newspaper is published in the state, 10 the secretary shall submit the notice to the association for 11 publication to the associations official internet site. The 12 association shall publish the notice of the referendum on the 13 associations official internet site such that the notice is 14 clearly identifiable and accessible. 15 Sec. 8. Section 184A.12A, subsection 2, paragraph a, Code 16 2024, is amended to read as follows: 17 a. The department shall publish a notice of the referendum 18 for a period of not less than five days in at least one 19 newspaper of general circulation in the state and for a 20 similar period in other such newspapers as prescribed by the 21 department. If no such newspaper is published in the state, 22 the department shall publish the notice of the referendum to 23 the departments official internet site such that the notice is 24 clearly identifiable and accessible. The notice shall state 25 the voting places, period of time for voting, manner of voting, 26 and other information deemed necessary by the department. A 27 referendum shall not be commenced until five days after the 28 last date of publication. 29 Sec. 9. Section 203.12, Code 2024, is amended by adding the 30 following new subsection: 31 NEW SUBSECTION . 3. If there are insufficient newspapers 32 to meet the requirements of subsection 2, the department 33 shall satisfy its notice requirements under this section by 34 publishing the notice to the departments official internet 35 -4- LSB 5157XC (3) 90 ss/jh 4/ 14
S.F. _____ site such that the notice is clearly identifiable and 1 accessible. 2 Sec. 10. Section 203C.3, subsection 5, Code 2024, is amended 3 to read as follows: 4 5. When appointed as a receiver under this chapter , the 5 department shall cause notification of the appointment to 6 be published once each week for two consecutive weeks in a 7 newspaper of general circulation in each of the counties in 8 which the licensee maintains a business location, and in a 9 newspaper of general circulation in this state. If no such 10 newspaper is published in a county, the department satisfies 11 the publication requirements of this subsection by submitting 12 the notice to the county for publication to the countys 13 official internet site. The county shall publish the notice 14 to the countys official internet site such that the notice is 15 clearly identifiable and accessible. 16 Sec. 11. Section 203D.6, subsection 3, Code 2024, is amended 17 to read as follows: 18 3. Notice. The department shall cause notice of the opening 19 of the claim period to be published once each week for two 20 consecutive weeks in a newspaper of general circulation in each 21 of the counties in which the licensee maintains a business 22 location and in a newspaper of general circulation within 23 the state. If no such newspaper of general circulation is 24 published in a county, the department shall submit the notice 25 of the opening of the claim period to the county and the county 26 shall publish the notice of the opening of the claim period to 27 the countys official internet site such that the notice is 28 clearly identifiable and accessible. The notice shall state 29 the name and address of the licensee and the claim incurrence 30 date. The notice shall also state that any claims against the 31 fund on account of the licensee shall be sent by ordinary mail 32 to the department within one hundred twenty days after the 33 incurrence date, and that the failure to make a timely claim 34 relieves the fund from liability to the claimant. This notice 35 -5- LSB 5157XC (3) 90 ss/jh 5/ 14
S.F. _____ may be incorporated by the department with a notice required 1 by section 203.12 or 203C.14 . 2 Sec. 12. Section 331.305, subsection 1, Code 2024, is 3 amended to read as follows: 4 1. Unless otherwise provided by state law, if notice of an 5 election, hearing, or other official action is required by this 6 chapter , the board shall publish the notice at least once, not 7 less than four nor more than twenty days before the date of the 8 election, hearing, or other action, in one or more newspapers 9 which that meet the requirements of section 618.14 618.3 . 10 Notice of an election shall also comply with section 49.53 . If 11 no such newspaper is published in a county, the notice shall 12 be posted to the countys official internet site such that the 13 notice is clearly identifiable and accessible. 14 Sec. 13. Section 347.13, subsection 11, Code 2024, is 15 amended to read as follows: 16 11. Publish quarterly in each of the official newspapers 17 of the county as selected by the board of supervisors pursuant 18 to section 349.1 the schedule of bills allowed, and publish 19 annually in such newspapers the schedule of salaries paid by 20 job classification and category, but not by listing names of 21 individual employees. The names, business addresses, salaries, 22 and job classification of employees paid in whole or in part 23 from a tax levy shall be a public record and open to inspection 24 at reasonable times as designated by the board of trustees. If 25 no such newspaper is published in a county, the county shall 26 publish quarterly the schedule of bills allowed, and publish 27 annually the schedule of salaries paid by job classification 28 and category, but not by listing names of individual employees, 29 to the countys official internet site such that the notices 30 are clearly identifiable and accessible. The board of trustees 31 is responsible for providing such information to the county for 32 publication to the countys official internet site. 33 Sec. 14. Section 358.40, subsections 3 and 4, Code 2024, are 34 amended to read as follows: 35 -6- LSB 5157XC (3) 90 ss/jh 6/ 14
S.F. _____ 3. The board shall examine the petition at its next meeting 1 after its filing or within twenty days of the filing, whichever 2 date is earlier. Within ten days of the meeting, the board 3 shall publish notice of the petition and the date, time, and 4 place of the meeting at which time the board proposes to take 5 action on the petition. The notice shall be published in a 6 newspaper of general circulation published in the district and 7 or , if no such newspaper is published within the district, 8 in a newspaper published in the county in which the major 9 part of the district is located the notice shall be posted to 10 the countys official internet site such that the notice is 11 clearly identifiable and accessible . At the boards meeting, 12 or subsequent meetings as necessary, if the petition is found 13 to comply with the requirements of this section and the board 14 of trustees consents by majority vote, the board of supervisors 15 may provide for payment as requested or modify the method of 16 payment of costs and expenses. 17 4. If the board decides that dissolution is warranted for 18 the best interest of the public, it the board shall publish a 19 notice in a newspaper of general circulation published in the 20 district or, if no such newspaper is published in the district, 21 in a newspaper published in the county in which the major 22 part of the district is located the notice shall be posted to 23 the countys official internet site such that the notice is 24 clearly identifiable and accessible and give notice by mail 25 to all known claimants or creditors of the district that it 26 will receive and adjudicate claims against the district for 27 four months from the date the notice is published and shall 28 levy an annual tax as necessary against all property in the 29 district for the number of years required to pay all claims 30 allowed. However, the annual tax levied under this subsection 31 shall not exceed four dollars per thousand dollars of assessed 32 valuation of the taxable property within the district at the 33 time of dissolution. The levy shall be made in the same manner 34 as provided in section 76.2 . After the board makes a specific 35 -7- LSB 5157XC (3) 90 ss/jh 7/ 14
S.F. _____ finding that all indebtedness, costs, and expenses have been 1 paid or levies approved for their payment, the board shall 2 dissolve the district by resolution entered upon its records. 3 The dissolution order shall be noted by the auditor on the 4 county records, showing the date when the dissolution became 5 effective. 6 Sec. 15. Section 362.3, subsection 1, paragraph b, Code 7 2024, is amended to read as follows: 8 b. A publication required by the city code must be 9 in a newspaper published at least once weekly and having 10 general circulation in the city. However, if the city has a 11 population of two hundred or less, or in the case of ordinances 12 and amendments to be published in a city in which no such 13 newspaper is published, a publication may be made by posting 14 in three public places in the city which have been permanently 15 designated by ordinance and by posting to the citys official 16 internet site such that the notice is clearly identifiable and 17 accessible . 18 Sec. 16. Section 362.3, subsection 2, Code 2024, is amended 19 to read as follows: 20 2. In the case of notices of elections, a city with a 21 population of two hundred or less meets the publication 22 requirement of this section by posting notices of elections in 23 three public places which have been designated by ordinance and 24 by posting to the citys official internet site such that the 25 notice is clearly identifiable and accessible . 26 Sec. 17. Section 384.16, subsection 3, Code 2024, is amended 27 to read as follows: 28 3. Following, and not until, requirements of section 24.2A 29 are completed, the council shall set a time and place for 30 public hearing on the budget before the final certification 31 date and shall publish notice of the hearing not less than ten 32 nor more than twenty days before the hearing in a newspaper 33 published at least once weekly and having general circulation 34 in the city. However, if the city has a population of two 35 -8- LSB 5157XC (3) 90 ss/jh 8/ 14
S.F. _____ hundred or less, publication may be made by posting in three 1 public places in the city which have been designated by 2 ordinance and by posting to the citys official internet site 3 such that the notice is clearly identifiable and accessible . 4 A summary of the proposed budget and a description of the 5 procedure for protesting the city budget under section 384.19 , 6 in the form prescribed by the director of the department 7 of management, shall be included in the notice. Proof of 8 publication of the notice under this subsection 3 must be 9 filed with the county auditor. The department of management 10 shall prescribe the form for the public hearing notice for use 11 by cities. 12 Sec. 18. Section 441.7, subsection 2, Code 2024, is amended 13 to read as follows: 14 2. The director of revenue shall conduct no more than 15 one special examination for each vacancy in an assessing 16 jurisdiction. The examination shall be conducted by the 17 director of revenue as provided in section 441.5 , except as 18 otherwise provided in this section . The examining board 19 shall give notice of holding the examination for assessor by 20 posting a written notice in a conspicuous place in the county 21 courthouse in the case of county assessors or in the city hall 22 in the case of city assessors, stating that at a specified 23 date, an examination for the position of assessor will be held 24 at a specified place. Similar notice shall be given at the 25 same time by one publication of the notice in three newspapers 26 of general circulation in the case of a county assessor, or in 27 case there are not three such newspapers in a county, then in 28 such newspapers which are available , or in one newspaper of 29 general circulation in the city in the case of city assessor 30 and on the countys official internet site such that the 31 notice is clearly identifiable and accessible . In the case 32 of city assessor, notice shall be given by one publication in 33 one newspaper of general circulation. If no such newspaper 34 exists, notice shall be published on the official internet site 35 -9- LSB 5157XC (3) 90 ss/jh 9/ 14
S.F. _____ of the city such that the notice is clearly identifiable and 1 accessible. 2 Sec. 19. Section 455B.305A, subsection 1, Code 2024, is 3 amended by adding the following new paragraph: 4 NEW PARAGRAPH . c. If a newspaper is not published in 5 a county, a county satisfies the notice requirements of 6 paragraph b by publishing the notice to the countys official 7 internet site such that the notice is clearly identifiable and 8 accessible. 9 Sec. 20. Section 455B.305A, subsection 3, paragraph b, Code 10 2024, is amended to read as follows: 11 b. Written notice shall be published in the official 12 newspaper of the county in which the site is located. The 13 notice shall state the name and address of the applicant, the 14 location of the proposed site, the nature and size of the 15 development, the nature of the activity proposed, the probable 16 life of the proposed activity, the date when the request for 17 site approval will be submitted, and a description of the right 18 of persons to comment on the request. If such a newspaper 19 is not published in a county, a county satisfies the notice 20 requirements of this paragraph by publishing the notice to the 21 countys official internet site such that the notice is clearly 22 identifiable and accessible. 23 Sec. 21. Section 455B.305A, subsection 5, Code 2024, is 24 amended to read as follows: 25 5. At least one public hearing shall be held by the city 26 council or county board of supervisors no sooner than ninety 27 days but no later than one hundred twenty days from receipt of 28 the request for siting approval. A hearing shall be preceded 29 by published notice in an official newspaper of the county 30 of the proposed site, including in any official newspaper 31 located in the city of the proposed site. If such a newspaper 32 is not published in a county, a county satisfies the notice 33 requirements of this subsection by publishing the notice to the 34 countys official internet site such that the notice is clearly 35 -10- LSB 5157XC (3) 90 ss/jh 10/ 14
S.F. _____ identifiable and accessible. If a newspaper is not published 1 in a city, a city satisfies the notice requirements of this 2 subsection by publishing the notice to the citys official 3 internet site such that the notice is clearly identifiable and 4 accessible. 5 Sec. 22. Section 533.405, subsection 5, paragraph b, Code 6 2024, is amended by adding the following new subparagraph: 7 NEW SUBPARAGRAPH . (3) If a newspaper is not published 8 in a county, the state credit union satisfies the notice 9 requirements of this section by submitting the notice to each 10 county in which the state credit union maintains an office or 11 branch for publication to the countys official internet site. 12 Each county shall publish the notice to the countys official 13 internet site such that the notice is clearly identifiable and 14 accessible. 15 Sec. 23. Section 618.3, subsection 1, Code 2024, is amended 16 to read as follows: 17 1. Is a newspaper of general circulation that is currently 18 published in physical paper form and has been published in 19 physical paper form at least once a week for at least fifty 20 weeks per year within the area and regularly mailed through the 21 post office of entry for at least two years. 22 Sec. 24. Section 618.14, subsection 2, Code 2024, is amended 23 to read as follows: 24 2. In the event there is no such newspaper published in 25 such municipality or political subdivision or in the event 26 publication in more than one such newspaper is desired, 27 publication may be made in any such newspaper having general 28 circulation in such municipality or political subdivision , the 29 municipality or political subdivision may publish any matter 30 of general public importance to the official internet site 31 of the municipality or political subdivision such that the 32 matter of general public importance is clearly identifiable and 33 accessible . 34 Sec. 25. Section 618.8, Code 2024, is amended to read as 35 -11- LSB 5157XC (3) 90 ss/jh 11/ 14
S.F. _____ follows: 1 618.8 Refusal to publish. 2 If publication be refused when copy therefor, with the 3 cost or security for payment of the cost, is tendered, such 4 publication may be made in some other newspaper of general 5 circulation at or nearest to the county seat, with the same 6 effect as if made in the newspaper so refusing If a newspaper 7 refuses to publish a statutorily required public notice, a 8 governmental body, as defined in section 21.2, satisfies 9 public notice requirements with respect to that public 10 notice by publishing the public notice on the governmental 11 bodys official internet site such that the notice is clearly 12 identifiable and accessible . 13 Sec. 26. Section 618.18, Code 2024, is amended by striking 14 the section and inserting in lieu thereof the following: 15 618.18 Timely publication required. 16 1. If a governmental body pays a newspaper to publish a 17 statutorily required public notice and the newspaper fails 18 to timely or accurately publish the statutorily required 19 public notice, the governmental bodys notice requirements 20 are satisfied if the governmental body timely and accurately 21 published the same information to the governmental bodys 22 official internet site such that the notice is clearly 23 identifiable and accessible. 24 2. If a newspaper receives payment to publish a statutorily 25 required public notice and fails to timely or accurately 26 publish the notice, the newspaper shall refund all moneys 27 received to publish the notice to the governmental body that 28 paid to publish the notice. 29 3. A dispute arising under this section shall be heard by 30 the Iowa public information board created pursuant to section 31 23.3 as a contested case proceeding under chapter 17A. 32 4. For purposes of this section, governmental body means 33 the same as defined in section 21.2. 34 Sec. 27. NEW SECTION . 618.19 Insufficient newspapers. 35 -12- LSB 5157XC (3) 90 ss/jh 12/ 14
S.F. _____ If the territory of a governmental body, as defined 1 in section 21.2, does not include sufficient newspapers 2 to effectuate a statutorily required public notice, the 3 governmental body satisfies public notice requirements with 4 respect to that public notice by publishing the public notice 5 on the governmental bodys official internet site such that the 6 notice is clearly identifiable and accessible. 7 EXPLANATION 8 The inclusion of this explanation does not constitute agreement with 9 the explanations substance by the members of the general assembly. 10 This bill relates to official publications by governmental 11 bodies, defined in the bill. The bill requires that a 12 newspaper used for official publication be one that is 13 currently published in a physical format. If a governmental 14 body pays a newspaper to publish a public notice but the 15 newspaper fails to timely or accurately publish the public 16 notice, the bill provides that the notice requirements are 17 nevertheless satisfied if the governmental body timely and 18 accurately published the notice on the governmental bodys 19 official internet site such that the notice is clearly 20 identifiable and accessible. The bill requires a newspaper 21 that fails to publish a public notice for which it received 22 payment to refund all moneys received for the publication to 23 the governmental body that made the payment. The bill requires 24 disputes regarding publication and payment to be heard by the 25 Iowa public information board as a contested case proceeding. 26 The bill changes alternative publication options in 27 circumstances where a sufficient number of newspapers do not 28 exist. If a sufficient number of newspapers to meet statutory 29 publication requirements do not exist within the territory of 30 a governmental body, the bill allows the governmental body 31 to satisfy statutory publication requirements by publishing 32 the notice to the governmental bodys official internet site 33 such that the notice is clearly identifiable and accessible. 34 The bill strikes provisions allowing publication in certain 35 -13- LSB 5157XC (3) 90 ss/jh 13/ 14
S.F. _____ alternative newspapers if a sufficient number of newspapers to 1 meet statutory publication requirements do not exist within the 2 territory of a governmental body. 3 -14- LSB 5157XC (3) 90 ss/jh 14/ 14