Bill Text: IA SF546 | 2023-2024 | 90th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: A bill for an act relating to the publication of certain public notices by designated public entities, and including effective date provisions. (Formerly SF 480, SSB 1190.)

Spectrum: Committee Bill

Status: (Engrossed - Dead) 2024-02-28 - Subcommittee Meeting: 02/28/2024 12:30PM RM 102, Sup. Ct. Consult (Cancelled). [SF546 Detail]

Download: Iowa-2023-SF546-Introduced.html

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Senate File 546 - Introduced
SENATE FILE 546
BY COMMITTEE ON WAYS AND MEANS
(SUCCESSOR TO SF 480)
(SUCCESSOR TO SSB 1190)
A BILL FOR
An Act relating to the publication of certain public notices
by designated public entities, providing for fees, and
including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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Section 1. Section 6B.2A, subsection 2, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The acquiring agency shall cause a notice to be published
once in a newspaper of general circulation in the county or
city where the agricultural land is located. The notice shall
be published as provided in chapter 9J at least four but no
more than twenty days before the public hearing is held as
referred to in subsection 1 . The published notice shall, at a
minimum, include the following information:
Sec. 2. NEW SECTION . 9J.1 Definitions.
For the purposes of this chapter, unless the context
otherwise requires:
1. “Official internet site” means the internet site used
by a public posting entity to conduct or communicate official
business and information.
2. “Official social media account” means a social media
account used by a public posting entity to conduct or
communicate official business and information.
3. “Online portal” means the system established and
maintained by the secretary of state pursuant to this chapter
for public posting entities to post statutorily required public
notices.
4. “Public posting entity” means the state of Iowa, a
county, a city, a public school district, a private agency as
defined in section 28E.2, or a public agency as defined in
section 28E.2.
5. “Statutorily required public notice” means a notice
required by the Iowa code to be made available to members of
the public.
Sec. 3. NEW SECTION . 9J.2 Online portal —— statutorily
required public notices.
1. Notwithstanding any provision of law requiring public
notice be provided through newspaper publication, publication
on a specific internet site, or other similar publication
location requirement, this chapter shall provide the sole
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requirements for a public posting entity to satisfy public
notice requirements.
2. The secretary of state or the secretary of state’s
designee shall establish and maintain an online portal through
which public posting entities shall post statutorily required
public notices.
3. The online portal shall be searchable by all of the
following categories:
a. County.
b. City.
c. School district.
d. Public notice type, including but not limited to meeting
notices, meeting minutes, elections, abandoned property,
proposed rulemaking, and proposed public project.
4. The secretary of state shall collect a fee of five
dollars from a public posting entity for each notice posted by
the public posting entity.
5. Moneys collected by the secretary of state pursuant to
this section shall be deposited in the business administration
fund created pursuant to section 9.13.
Sec. 4. NEW SECTION . 9J.3 Public posting entities ——
responsibilities.
1. Each statutorily required public notice posted pursuant
to this chapter shall be posted on a timely basis as required
by the law requiring the public notice and include all of the
following:
a. All information necessary to satisfy the statutory
requirements of the specific public posting, including but not
limited to the purpose, date, location, and time of a public
meeting.
b. Current contact information of the public posting entity,
including a telephone number and email address, such that the
public may contact the public posting entity regarding the
public posting.
c. Instructions for submitting public comments, if
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applicable.
2. A public posting entity is solely responsible for the
contents of its statutorily required public notice. Neither
the secretary of state nor the secretary of state’s designee
is responsible for the content of a public posting entity’s
statutorily required public notice. This includes but is not
limited to monitoring or verifying the accuracy of a public
posting entity’s public notice.
3. A public posting entity shall remove a statutorily
required public notice from the online portal within fourteen
business days following the expiration of the statutorily
required time the posting was required to be available to
the public. Nothing in this section shall be construed to
affect a posting entity’s requirements to keep a record of
such statutorily required public postings if another section
requires such records be kept.
4. Notwithstanding section 9J.2, a public posting entity
shall post a physical copy of a statutorily required public
notice on a bulletin board or other prominent place which is
easily accessible to the public and clearly designated for that
purpose at the principal office of the public posting entity,
or if no such office exists, at the building in which the
meeting is to be held.
5. Nothing in this chapter shall affect the duty of a
public posting entity to make public use copies of statutorily
required public notices available to the public as otherwise
required by law.
6. A public posting entity shall, at least three times
between the enactment and the effective date of this Act,
publish a notice in a newspaper meeting the requirements of
section 618.3, at the rates set in section 618.11, that the
public posting entity will be required to post notices to the
online portal as of the effective date of this Act. The notice
shall include the internet address of the online portal and the
effective date of this Act.
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Sec. 5. NEW SECTION . 9J.4 Permissive posting and
publication.
1. A public posting entity that has satisfied the
requirements of sections 9J.2 and 9J.3 may also post a
statutorily required public notice on the official internet
site or official social media account of the public posting
entity.
2. A public posting entity that has satisfied the
requirements of sections 9J.2 and 9J.3 may also post a
statutorily required public notice in an official newspaper
as provided in section 618.3 at the rates provided in section
618.11.
Sec. 6. NEW SECTION . 9J.5 Exceptions.
This chapter does not apply to any of the following:
1. The office of the governor.
2. The general assembly.
3. A notice regarding any of the following:
a. A rulemaking document posted pursuant to section 2B.5A.
b. The interstate physical therapy licensure compact posted
pursuant to section 147C.1.
c. The emergency medical services personnel licensure
interstate compact posted pursuant to section 147D.1.
d. The occupational therapy licensure compact posted
pursuant to section 147E.1.
e. The audiology and speech language pathology interstate
compact posted pursuant to section 147F.1.
f. The nurse and advanced practice registered nurse
licensure compacts posted pursuant to section 152E.1.
g. The interstate compact for juveniles posted pursuant to
section 232.173.
h. The vehicle equipment compacts posted pursuant to section
321D.1.
4. Notice required to be posted pursuant to chapter 17A.
5. Notice required to be posted pursuant to the Constitution
of the State of Iowa.
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Sec. 7. NEW SECTION . 9J.6 Rules.
The secretary of state shall adopt rules pursuant to chapter
17A for the implementation of this chapter.
Sec. 8. Section 24.9, subsection 1, paragraph a, Code 2023,
is amended to read as follows:
a. Each municipality shall file with the secretary or clerk
thereof the estimates required to be made in sections 24.3
through 24.8 , at least twenty days before the date fixed by
law for certifying the same to the levying board and shall
forthwith fix a date for a hearing on the estimates, and
shall publish such estimates and any annual levies previously
authorized as provided in section 76.2 , with a notice of the
time when and the place where such hearing shall be held not
less than ten nor more than twenty days before the hearing.
Provided that in municipalities of less than two hundred
population such estimates and the notice of hearing shall
be posted in three public places in the district in lieu of
publication. For any other municipality such Such publication
shall be in a newspaper published in the municipality, if any,
if not, then in a newspaper of general circulation in the
municipality as provided in chapter 9J .
Sec. 9. Section 26A.3, subsection 3, paragraph b, Code 2023,
is amended to read as follows:
b. The request for statements of qualifications shall be
posted not less than thirteen and not more than forty-five days
before the date for response in a relevant contractor plan room
service with statewide circulation, in a relevant construction
lead generating service with statewide circulation, and on an
internet site sponsored by either a governmental entity or a
statewide association that represents the governmental entity
as provided in chapter 9J . If circumstances beyond the control
of the governmental entity require postponement and there are
no changes to the project’s contract documents, a notice of
the revised date shall be posted not less than four and not
more than forty-five days before the revised date for answering
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the request for proposals and statements of qualifications
in a relevant contractor plan room service with statewide
circulation, in a relevant construction lead generating service
with statewide circulation, and on an internet site sponsored
by either a government entity or a statewide association that
represents the governmental entity as provided in chapter 9J .
Sec. 10. Section 26A.3, subsection 5, paragraph a,
subparagraph (1), Code 2023, is amended to read as follows:
(1) The construction manager-at-risk shall prepare a
request for statements of qualifications. The request shall
include general information on the project site, project
scope, schedule, selection criteria, and the time and place
for receipt of statements of qualifications. The construction
manager-at-risk shall provide public notice of the request for
statements of qualifications in a relevant contractor plan room
service with statewide circulation, a relevant construction
lead generating service with statewide circulation, and on an
internet site sponsored by either a governmental entity or a
statewide association that represents the governmental entity
as provided in chapter 9J . The request for statements of
qualifications shall be posted not less than thirteen and not
more than forty-five days before the date for response.
Sec. 11. Section 49.53, subsection 2, Code 2023, is amended
to read as follows:
2. The notice shall be published in at least one newspaper,
as defined in section 618.3 , which is published in the county
or other political subdivision in which the election is to
occur or, if no newspaper is published there, in at least
one newspaper of substantial circulation in the county or
political subdivision. For the general election or the primary
election the foregoing notice shall be published in at least
two newspapers published in the county. However, if there is
only one newspaper published in the county, publication in one
newspaper shall be sufficient as provided in chapter 9J .
Sec. 12. Section 69.2, subsection 2, Code 2023, is amended
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to read as follows:
2. If the status of an officeholder is in question, the
entity or officer responsible for making an appointment to
fill the vacancy shall decide whether a vacancy exists. The
appointing entity or officer may act upon its own motion. If
a petition signed by twenty-five registered voters of the
jurisdiction is received, the appointing entity or officer
shall convene within thirty days to consider whether a vacancy
exists. The appointing entity or officer shall publish notice
as provided in chapter 9J that a public hearing will be held to
determine whether a vacancy exists. The notice shall include
the time and place of the hearing and the name of the office
and the officeholder whose status is in question. The public
hearing shall be held not less than four nor more than fourteen
days after publication of the notice. The officer whose status
is in question shall be notified of the time and place of the
hearing. Notice shall be sent by certified mail and must be
postmarked at least fourteen days before the hearing. No later
than seven days after the public hearing, the appointing entity
or officer shall publish its decision. If the appointing
entity or officer decides that the office is vacant, the
publication shall state the date the vacancy occurred and what
action will be taken to fill the vacancy.
Sec. 13. Section 256.11, subsection 16, paragraph c, Code
2023, is amended to read as follows:
c. If the state board takes preliminary action to remove
an agency from the approved list published on the department’s
internet site pursuant to paragraph “a” , the department
shall, at least one year prior to removing the agency from
the approved list, notify the nonpublic schools participating
in the accreditation process offered by the agency of the
state board’s intent to remove the accrediting agency from its
approved list of independent accrediting agencies. The notice
shall also be posted on the department’s internet site as
provided in chapter 9J and shall contain the proposed date of
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removal. The nonpublic school shall attain accreditation under
this subsection or subsections 1 through 12 not later than one
year following the date on which the state board removes the
agency from its list of independent accrediting agencies.
Sec. 14. Section 260C.14, subsection 12, Code 2023, is
amended to read as follows:
12. During the second week of August of each year, publish
by one insertion in at least one newspaper published in the
merged area as provided in chapter 9J a summarized statement
verified by affidavit of the secretary of the board showing
the receipts and disbursements of all funds of the community
college for the preceding fiscal year. The statement of
disbursements shall show the names of the persons, firms,
or corporations, and the total amount paid to each during
the fiscal year. The board is not required to make the
publications and notices required under sections 279.35 and
279.36 .
Sec. 15. Section 279.36, Code 2023, is amended to read as
follows:
279.36 Publication procedures and fee .
1. The requirements of section 279.35 are satisfied by
publication in at least one newspaper published in the district
or, if there is none, in at least one newspaper having general
circulation within the district as provided in chapter 9J .
2. For the fiscal year beginning July 1, 1989, and each
fiscal year thereafter, the fee for the publications shall be
the legal publication fee provided by section 618.11 .
Sec. 16. Section 321.89, subsection 3, paragraph g, Code
2023, is amended to read as follows:
g. If it is impossible to determine with reasonable
certainty the identities and addresses of the last registered
owner and all lienholders, notice by one publication in
one newspaper of general circulation in the area where the
vehicle was abandoned as provided in chapter 9J shall be
sufficient to meet all requirements of notice under this
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section . The published notice may contain multiple listings of
abandoned vehicles but shall be published within the same time
requirements and contain the same information as prescribed for
mailed notice in this subsection .
Sec. 17. Section 331.302, subsection 8, Code 2023, is
amended to read as follows:
8. A resolution becomes effective upon passage and an
ordinance or amendment becomes a law when a summary of the
ordinance or the complete text of the ordinance is published
as provided in chapter 9J , unless a subsequent effective date
is provided within the measure. As used in this subsection ,
“summary” shall mean a narrative description of the terms and
conditions of an ordinance setting forth the main points of
the ordinance in a manner calculated to inform the public in a
clear and understandable manner the meaning of the ordinance
and which shall provide the public with sufficient notice to
conform to the desired conduct required by the ordinance.
The description shall include the title of the ordinance,
an accurate and intelligible abstract or synopsis of the
essential elements of the ordinance, a statement that the
description is a summary, the location and the normal business
hours of the office where the ordinance may be inspected, when
the ordinance becomes effective, and the full text of any
provisions imposing fines, penalties, forfeitures, fees, or
taxes. Legal descriptions of property set forth in ordinances
shall be described in full, provided that maps or charts may be
substituted for legal descriptions when they contain sufficient
detail to clearly define the area with which the ordinance is
concerned. The narrative description shall be written in a
clear and coherent manner and shall, to the extent possible,
avoid the use of technical or legal terms not generally
familiar to the public. When necessary to use technical or
legal terms not generally familiar to the public, the narrative
description shall include definitions of those terms.
Sec. 18. Section 331.305, subsection 1, Code 2023, is
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amended to read as follows:
1. Unless otherwise provided by state law, if notice of an
election, hearing, or other official action is required by this
chapter , the board shall publish the notice at least once, not
less than four nor more than twenty days before the date of the
election, hearing, or other action, in one or more newspapers
which meet the requirements of section 618.14 as provided in
chapter 9J . Notice of an election shall also comply with
section 49.53 .
Sec. 19. Section 331.434, subsections 3 and 6, Code 2023,
are amended to read as follows:
3. Following, and not until, adoption of the resolution
under section 331.433A , the board shall set a time and
place for a public hearing on the budget before the final
certification date and shall publish notice of the hearing
not less than ten nor more than twenty days prior to the
hearing in the county newspapers selected under chapter 349
as provided in chapter 9J . A summary of the proposed budget
and a description of the procedure for protesting the county
budget under section 331.436 , in the form prescribed by the
director of the department of management, shall be included
in the notice. Proof of publication of the notice under this
subsection 3 and a copy of the resolution adopted under section
331.433A shall be filed with and preserved by the auditor. A
levy is not valid unless and until the notice is published and
the notice and resolution adopted under section 331.433A are
filed. The department of management shall prescribe the form
for the public hearing notice for use by counties.
6. The board shall appropriate, by resolution, the amounts
deemed necessary for each of the different county officers
and departments during the ensuing fiscal year. Increases
or decreases in these appropriations do not require a budget
amendment, but may be provided by resolution at a regular
meeting of the board, as long as each class of proposed
expenditures contained in the budget summary published under
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subsection 3 of this section is not increased. However,
decreases in appropriations for a county officer or department
of more than ten percent or five thousand dollars, whichever
is greater, shall not be effective unless the board sets a
time and place for a public hearing on the proposed decrease
and publishes notice of the hearing not less than ten nor more
than twenty days prior to the hearing in the county newspapers
selected under chapter 349 as provided in chapter 9J .
Sec. 20. Section 346.27, subsection 10, paragraph b, Code
2023, is amended to read as follows:
b. In addition to the notice required by section 49.53 , a
notice of the election shall be published once each week for at
least two weeks in some newspaper published in the county as
provided in chapter 9J stating the date of the election, the
hours the polls will be open, and a copy of the question. The
authority shall call this election with the concurrence of both
incorporating units. The election shall be conducted by the
commissioner in accordance with the provisions of chapters 49
and 50 .
Sec. 21. Section 349.16, unnumbered paragraph 1, Code 2023,
is amended to read as follows:
There shall be published as provided in chapter 9J and in
each of the official newspapers at the expense of the county
during the ensuing year:
Sec. 22. Section 349.18, subsection 3, paragraph b, Code
2023, is amended to read as follows:
b. In addition to the requirements in paragraph “a” , if a
county operates an internet site, the county auditor shall post
the full text of all resolutions adopted by the board on the
internet site as provided in chapter 9J . Any posted summary or
text of a full resolution shall include links directing readers
to information relevant to the content of the resolution.
Sec. 23. Section 358.40, subsections 3 and 4, Code 2023, are
amended to read as follows:
3. The board shall examine the petition at its next meeting
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after its filing or within twenty days of the filing, whichever
date is earlier. Within ten days of the meeting, the board
shall publish notice of the petition and the date, time, and
place of the meeting at which time the board proposes to take
action on the petition. The notice shall be published in a
newspaper of general circulation published in the district
and, if no newspaper is published within the district, in a
newspaper published in the county in which the major part of
the district is located as provided in chapter 9J . At the
board’s meeting, or subsequent meetings as necessary, if the
petition is found to comply with the requirements of this
section and the board of trustees consents by majority vote,
the board of supervisors may provide for payment as requested
or modify the method of payment of costs and expenses.
4. If the board decides that dissolution is warranted for
the best interest of the public, it shall publish a notice in a
newspaper of general circulation published in the district or,
if no newspaper is published in the district, in a newspaper
published in the county in which the major part of the district
is located as provided in chapter 9J and give notice by mail
to all known claimants or creditors of the district that it
will receive and adjudicate claims against the district for
four months from the date the notice is published and shall
levy an annual tax as necessary against all property in the
district for the number of years required to pay all claims
allowed. However, the annual tax levied under this subsection
shall not exceed four dollars per thousand dollars of assessed
valuation of the taxable property within the district at the
time of dissolution. The levy shall be made in the same manner
as provided in section 76.2 . After the board makes a specific
finding that all indebtedness, costs, and expenses have been
paid or levies approved for their payment, the board shall
dissolve the district by resolution entered upon its records.
The dissolution order shall be noted by the auditor on the
county records, showing the date when the dissolution became
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effective.
Sec. 24. Section 359.52, subsection 1, paragraph a, Code
2023, is amended to read as follows:
a. The board of trustees shall set forth its proposal in a
resolution and shall publish notice of the resolution and of
a date, time, and place of a public hearing on the proposal.
The notice shall be published in a newspaper published at least
once weekly and having general circulation in the township or
in the largest city in the township as provided in chapter 9J .
The notice shall be published no less than ten days and no more
than twenty days before the hearing.
Sec. 25. Section 362.3, subsection 1, paragraph b, Code
2023, is amended to read as follows:
b. A publication required by the city code must be in a
newspaper published at least once weekly and having general
circulation in the city. However, if the city has a population
of two hundred or less, or in the case of ordinances and
amendments to be published in a city in which no newspaper is
published, a publication may be made by posting in three public
places in the city which have been permanently designated by
ordinance published as provided in chapter 9J .
Sec. 26. Section 362.3, subsection 2, Code 2023, is amended
by striking the subsection.
Sec. 27. Section 364.2, subsection 4, paragraph c, Code
2023, is amended to read as follows:
c. Notice of the election shall be given by publication
as prescribed in section 49.53 in a newspaper of general
circulation in the city and chapter 9J .
Sec. 28. Section 368.7, subsection 1, paragraph d, Code
2023, is amended to read as follows:
d. The city shall provide for a public hearing on the
application before approving or denying it. The city shall
provide written notice at least fourteen business days prior
to any action by the city council regarding the application,
including a public hearing, by regular mail to the chairperson
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of the board of supervisors of each county which contains a
portion of the territory proposed to be annexed, each public
utility which serves the territory proposed to be annexed,
each owner of property located within the territory to be
annexed who is not a party to the application, and each owner
of property that adjoins the territory to be annexed unless
the adjoining property is in a city. The city shall publish
notice of the application and public hearing on the application
in an official county newspaper in each county which contains
a portion of the territory proposed to be annexed as provided
in chapter 9J . Both the written and published notice shall
include the time and place of the public hearing and a legal
description of the territory to be annexed. The city shall
not assess the costs of providing notice as required in this
section to the applicants. The city council shall approve or
deny the application by resolution of the council.
Sec. 29. Section 368.7, subsections 2 and 3, Code 2023, are
amended to read as follows:
2. An application for annexation of territory not within
an urbanized area of a city other than the city to which the
annexation is directed must be approved by resolution of the
council which receives the application. The city council shall
mail a copy of the application by certified mail to the board
of supervisors of each county which contains a portion of the
territory at least fourteen business days prior to any action
taken by the city council on the application. The council
shall also publish notice of the application in an official
county newspaper in each county which contains a portion of
the territory as provided in chapter 9J at least fourteen days
prior to any action taken by the council on the application.
Upon receiving approval of the council, the city clerk shall
file a copy of the resolution, map, and legal description of
the territory involved with the secretary of state, the county
board of supervisors of each county which contains a portion
of the territory, each affected public utility, and the state
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department of transportation. The city clerk shall also record
a copy of the legal description, map, and resolution with the
county recorder of each county which contains a portion of
the territory. The secretary of state shall not accept and
acknowledge a copy of a legal description, map, and resolution
of annexation which would create an island. The annexation is
completed upon acknowledgment by the secretary of state that
the secretary of state has received the legal description, map,
and resolution.
3. An application for annexation of territory within an
urbanized area of a city other than the city to which the
annexation is directed must be approved both by resolution of
the council which receives the application and by the board.
The board shall not approve an application which creates an
island. Notice of the application shall be mailed by certified
mail, by the city to which the annexation is directed, at least
fourteen business days prior to any action by the city council
on the application to the council of each city whose boundary
adjoins the territory or is within two miles of the territory,
to the board of supervisors of each county which contains a
portion of the territory, each affected public utility, and
to the regional planning authority of the territory. Notice
of the application shall be published in an official county
newspaper in each county which contains a portion of the
territory as provided in chapter 9J at least ten business days
prior to any action by the city council on the application.
The annexation is completed when the board has filed and
recorded copies of applicable portions of the proceedings as
required by section 368.20, subsection 1 , paragraph “b” .
Sec. 30. Section 384.15A, subsection 4, paragraph a,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
The council shall set a time and place for a public
hearing on the resolution before the date for adoption of the
resolution and shall publish notice of the hearing not less
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than ten nor more than twenty days prior to the hearing in a
newspaper published at least once weekly and having general
circulation in the city. However, if the city has a population
of two hundred or less, publication may be made by posting in
three public places in the city as provided in chapter 9J .
If the city has an internet site, the notice shall may also
be posted and clearly identified on the city’s internet site
for public viewing beginning on the date of the newspaper
publication or public posting, as applicable. Additionally, if
the city maintains a social media account on one or more social
media applications, the public hearing notice or an electronic
link to the public hearing notice shall may be posted on each
such account on the same day as the publication of the notice.
All of the following shall be included in the notice:
Sec. 31. Section 384.16, subsection 3, Code 2023, is amended
to read as follows:
3. Following, and not until, adoption of the resolution
under section 384.15A , the council shall set a time and place
for public hearing on the budget before the final certification
date and shall publish notice of the hearing not less than ten
nor more than twenty days before the hearing in a newspaper
published at least once weekly and having general circulation
in the city. However, if the city has a population of two
hundred or less, publication may be made by posting in three
public places in the city as provided in chapter 9J . A summary
of the proposed budget and a description of the procedure for
protesting the city budget under section 384.19 , in the form
prescribed by the director of the department of management,
shall be included in the notice. Proof of publication of the
notice under this subsection 3 and a copy of the resolution
adopted under section 384.15A must be filed with the county
auditor. The department of management shall prescribe the form
for the public hearing notice for use by cities.
Sec. 32. Section 419.9, Code 2023, is amended to read as
follows:
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419.9 Public hearing.
Prior to the issuance of any bonds under authority of this
chapter , the municipality shall conduct a public hearing on the
proposal to issue said bonds. Notice of intention to issue the
bonds, specifying the amount and purpose thereof and the time
and place of hearing, shall be published at least once not less
than fifteen days prior to the date fixed for the hearing in
a newspaper published and having a general circulation within
the municipality. If there is no newspaper published therein,
the notice shall be published in a newspaper published in the
county and having a general circulation in the municipality
as provided in chapter 9J . At the time and place fixed for
the public hearing the governing body of the municipality
shall give all local residents who appear at the hearing an
opportunity to express their views for or against the proposal
to issue the bonds and at the hearing, or any adjournment
thereof, shall adopt a resolution determining whether or not to
proceed with the issuance of the bonds.
Sec. 33. Section 423F.3, subsection 3, paragraph d, Code
2023, is amended to read as follows:
d. The board secretary shall notify the county commissioner
of elections of the intent to take an issue to the voters
pursuant to paragraph “b” or “c” . The county commissioner
of elections shall publish the notices required by law for
special or general elections as provided in chapter 9J , and the
election shall be held on a date specified in section 39.2,
subsection 4 , paragraph “c” . A majority of those voting on the
question must favor approval of the revenue purpose statement.
If the proposal is not approved, the school district shall
not submit the same or new revenue purpose statement to the
electors for a period of six months from the date of the
previous election.
Sec. 34. Section 423F.3, subsection 7, paragraph a, Code
2023, is amended to read as follows:
a. Prior to approving the use of revenues received under
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this chapter for an athletic facility infrastructure project
within the scope of the school district’s approved revenue
purpose statement or pursuant to subsection 4 for a school
district without an approved revenue statement, the board of
directors shall adopt a resolution setting forth the proposal
for the athletic facility infrastructure project and hold an
additional public hearing on the issue of construction of the
athletic facility. Notice of the time and place of the public
hearing shall be published not less than ten nor more than
twenty days before the public hearing in a newspaper which is
a newspaper of general circulation in the school district as
provided in chapter 9J . If at any time prior to the fifteenth
day following the hearing, the secretary of the board of
directors receives a petition containing the required number
of signatures and asking that the question of the approval of
the use of revenues for the athletic facility infrastructure
project be submitted to the voters of the school district,
the board of directors shall either rescind the board’s
resolution for the use of revenues for the athletic facility
infrastructure project or direct the county commissioner of
elections to submit the question to the registered voters of
the school district at an election held on a date specified
in section 39.2, subsection 4 , paragraph “c” . The petition
must be signed by eligible electors equal in number to not less
than one hundred or thirty percent of the number of voters
at the last preceding election of school officials under
section 277.1 , whichever is greater. If a majority of those
voting on the question favors the use of the revenues for the
athletic facility infrastructure project, the board shall be
authorized to approve such use by resolution of the board. If
a majority of those voting on the question does not favor the
use of the revenues for the athletic facility infrastructure
project, the board of directors shall rescind the board’s
resolution for the use of revenues for the athletic facility
infrastructure project. If a petition is not received by the
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board of directors within the prescribed time period, the board
of directors may approve the use of revenues for the athletic
facility infrastructure project without voter approval.
Sec. 35. Section 455B.305A, subsection 1, paragraph b, Code
2023, is amended to read as follows:
b. Prior to the siting of a proposed new sanitary landfill
or incinerator by a private agency disposing of waste which
the agency generates on property owned by the agency which is
located outside of the city limits and for which no county
zoning ordinance exists, the private agency shall cause written
notice of the proposal, including the nature of the proposed
facility, and the right of the owner to submit a petition for
formal siting of the proposed site, to be served either in
person or by mail on the owners and residents of all property
within two miles in each direction of the proposed local site
area. The owners shall be identified based upon the authentic
tax records of the county in which the proposed site is to be
located. The private agency shall notify the county board of
supervisors which governs the county in which the site is to
be located of the proposed siting, and certify that notices
have been mailed to owners and residents of the impacted area.
Written notice shall be published in the official newspaper,
as selected by the county board of supervisors pursuant to
section 349.1 , of the county in which the site is located as
provided in chapter 9J . The notice shall state the name and
address of the applicant, the location of the proposed site,
the nature and size of the development, the nature of the
activity proposed, the probable life of the proposed activity,
and a description of the right of persons to comment on the
request. If two hundred fifty or a minimum of twenty percent,
whichever is less, of the owners and residents of property
notified submit a petition for formal review to the county
board of supervisors or if the county board of supervisors, on
the board’s own motion, requires formal review of the proposed
siting, the private agency proposal is subject to the formal
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siting procedures established pursuant to this section .
Sec. 36. Section 455B.305A, subsection 3, paragraph b, Code
2023, is amended to read as follows:
b. Written notice shall be published in the official
newspaper of the county in which the site is located as
provided in chapter 9J . The notice shall state the name and
address of the applicant, the location of the proposed site,
the nature and size of the development, the nature of the
activity proposed, the probable life of the proposed activity,
the date when the request for site approval will be submitted,
and a description of the right of persons to comment on the
request.
Sec. 37. Section 455B.305A, subsection 5, Code 2023, is
amended to read as follows:
5. At least one public hearing shall be held by the city
council or county board of supervisors no sooner than ninety
days but no later than one hundred twenty days from receipt of
the request for siting approval. A hearing shall be preceded
by published notice in an official newspaper of the county of
the proposed site, including in any official newspaper located
in the city of the proposed site as provided in chapter 9J .
Sec. 38. Section 459.304, subsection 2, paragraph a,
subparagraph (1), Code 2023, is amended to read as follows:
(1) The board shall publish a notice that the board has
received the application in a newspaper having a general
circulation in the county as provided in chapter 9J .
Sec. 39. Section 465C.11, subsection 3, Code 2023, is
amended to read as follows:
3. Before the board shall make a finding of imperative and
unavoidable public necessity, or shall enter into any amendment
to articles of dedication, the board shall provide notice of
such proposal and opportunity for any person to be heard. Such
notice shall be published at least once in a newspaper with a
general circulation in the county or counties wherein the area
directly affected is situated as provided in chapter 9J , and
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mailed within ten days of such published notice to all persons
who have requested notice of all such proposed actions. Each
notice shall set forth the substance of the proposed action and
describe, with or without legal description, the area affected,
and shall set forth a place and time not less than sixty days
thence for all persons desiring to be heard to have reasonable
opportunity to be heard prior to the finding of the board.
Sec. 40. Section 533.320, subsection 4, paragraph b, Code
2023, is amended to read as follows:
b. The sale shall be held at the time and place specified
in a notice published prior to the sale once each week for
two successive weeks in a newspaper of general circulation
published in the city or unincorporated area in which the state
credit union has its principal place of business, or if there
is none, a newspaper of general circulation published in the
county, or in a county adjoining the county, in which the state
credit union has its principal place of business as provided
in chapter 9J .
Sec. 41. Section 556.12, subsection 1, Code 2023, is amended
to read as follows:
1. If a report has been filed with the treasurer of state,
or property has been paid or delivered to the treasurer of
state, for the fiscal year ending on June 30 or, in the case of
unclaimed demutualization proceeds, for the preceding calendar
year as required by section 556.11 , the treasurer of state
shall provide for the publication annually of at least one
notice not later than the following November 30. Each notice
shall be published at least once each week for two successive
weeks in an English language newspaper of general circulation
in the county in this state in which is located the last known
address of any person to be named in the notice. If an address
is not listed or if the address is outside this state, the
notice shall be published in the county in which the holder
of the abandoned property has its principal place of business
within this state as provided in chapter 9J .
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Sec. 42. EFFECTIVE DATE. This Act takes effect July 1,
2024, except that the secretary of state may adopt rules for
the implementation of this Act prior to that date.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
This bill relates to the posting of public notices. The bill
requires the secretary of state or the secretary of state’s
designee to create an online portal on which a public posting
entity, defined in the bill to include the state of Iowa, an
Iowa county, an Iowa city, an Iowa public school district, or
an Iowa private or public agency as defined in Code chapter
28E (joint exercise of governmental powers), must post all
statutorily required public notices, defined in the bill.
The online portal shall be searchable based on county, city,
school district, and type of public notice. The bill requires
the secretary of state to collect a fee of $5 from a public
posting entity for each notice posted by the entity and to
deposit moneys collected pursuant to the bill in the business
administration fund.
The bill requires a statutorily required public notice
posted to the online portal to be timely made, include
statutorily required information, contact information for
the entity posting the notice, and instructions for making
public comments, if applicable. A public posting entity is
solely responsible for the contents of a notice posted by the
entity, and neither the secretary of state nor the secretary
of state’s designee shall be responsible for the content of
public notices. The bill requires a public posting entity to
remove a statutorily required public notice from the online
portal within 14 days of the expiration of the required posting
time. The bill does not change a public posting entity’s
responsibility to keep record of a posting or make public use
copies of a posting available if otherwise required. The bill
also requires a public posting entity to post a physical copy
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of a statutorily required public notice in a prominent place
that is easily accessible to the public and clearly designated
for that purpose at the principal office of the public posting
entity, or if no such office exists, at the building in which
the meeting is to be held. The bill allows a public posting
entity to also post a statutorily required public notice on
the official internet site or official social media account of
the public posting entity or in an official newspaper. The
bill requires a public posting entity to publish a notice in
a newspaper at least three times between the enactment and
effective date of the bill that the public posting entity will
be required to post notices to the online portal, the internet
address for which will be included in the notice.
The bill does not apply to the office of the governor
or the general assembly. The bill also exempts notices
posted pursuant to Code section 2B.5A (Iowa administrative
bulletin and Iowa administrative code), Code sections enacting
interstate compacts, Code chapter 17A (Iowa administrative
procedure Act), or the Iowa Constitution from the requirements
of the bill.
The bill amends sections throughout the Code that require
the publication of public notice to require that the notice
be posted consistent with the requirements of the bill. The
bill takes effect July 1, 2024, except that the secretary of
state may adopt rules for the implementation of the bill prior
to that date.
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