Senate File 546 S-3115 Amend Senate File 546 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. Section 24.9, subsection 1, paragraph a, Code 4 2023, is amended to read as follows: 5 a. Each municipality shall file with the secretary or clerk 6 thereof the estimates required to be made in sections 24.3 7 through 24.8 , at least twenty days before the date fixed by 8 law for certifying the same to the levying board and shall 9 forthwith fix a date for a hearing on the estimates, and 10 shall publish such estimates and any annual levies previously 11 authorized as provided in section 76.2 , with a notice of the 12 time when and the place where such hearing shall be held not 13 less than ten nor more than twenty days before the hearing. 14 Provided that in municipalities of less than two hundred one 15 thousand population or less such estimates and the notice 16 of hearing shall be posted in three public places in the 17 district in lieu of publication. For any other municipality 18 such publication shall be in a newspaper published in the 19 municipality, if any, if not, then in a newspaper of general 20 circulation in the municipality. 21 Sec. 2. Section 362.3, subsection 1, paragraph b, Code 2023, 22 is amended to read as follows: 23 b. A publication required by the city code must be in a 24 newspaper published at least once weekly and having general 25 circulation in the city. However, if the city has a population 26 of two hundred one thousand or less, or in the case of 27 ordinances and amendments to be published in a city in which no 28 newspaper is published, a publication may be made by posting 29 in three public places in the city which have been permanently 30 designated by ordinance. 31 Sec. 3. Section 362.3, subsection 2, Code 2023, is amended 32 to read as follows: 33 2. In the case of notices of elections, a city with a 34 population of two hundred one thousand or less meets the 35 -1- SF 546.1506 (1) 90 ss/rn 1/ 6 #1.
publication requirement of this section by posting notices of 1 elections in three public places which have been designated by 2 ordinance. 3 Sec. 4. Section 372.13, subsection 6, Code 2023, is amended 4 to read as follows: 5 6. Within fifteen days following a regular or special 6 meeting of the council, the clerk shall cause the minutes of 7 the proceedings of the council, including the total expenditure 8 from each city fund, to be published in a newspaper of general 9 circulation in the city. The publication shall include a 10 list of all claims allowed and a summary of all receipts 11 and shall show the gross amount of the claims. The list of 12 claims allowed shall show the name of the person or firm 13 making the claim, the reason for the claim, and the amount of 14 the claim. If the reason for the claims is the same, two or 15 more claims made by the same vendor, supplier, or claimant 16 may be consolidated if the number of claims consolidated 17 and the total consolidated claim amount are listed in the 18 statement. However, the city shall provide at its office 19 upon request an unconsolidated list of all claims allowed. 20 Matters discussed in closed session pursuant to section 21.3 21 shall not be published until entered on the public minutes. 22 However, in cities having more than one hundred fifty thousand 23 population, the council shall each month print in pamphlet 24 form a detailed itemized statement of all receipts and 25 disbursements of the city, and a summary of its proceedings 26 during the preceding month, and furnish copies to the city 27 library, the daily newspapers of the city, and to persons who 28 apply at the office of the city clerk, and the pamphlet shall 29 constitute publication as required. Failure by the clerk to 30 make publication is a simple misdemeanor. The provisions of 31 this subsection are applicable in cities in which a newspaper 32 is published, or in cities of two hundred over one thousand 33 population or over , but in all other cities, posting the 34 statement in three public places in the city which have been 35 -2- SF 546.1506 (1) 90 ss/rn 2/ 6
permanently designated by ordinance is sufficient compliance 1 with this subsection . 2 Sec. 5. Section 384.15A, subsection 4, paragraph a, 3 unnumbered paragraph 1, Code 2023, is amended to read as 4 follows: 5 The council shall set a time and place for a public 6 hearing on the resolution before the date for adoption of the 7 resolution and shall publish notice of the hearing not less 8 than ten nor more than twenty days prior to the hearing in a 9 newspaper published at least once weekly and having general 10 circulation in the city. However, if the city has a population 11 of two hundred one thousand or less, publication may be made 12 by posting in three public places in the city. If the city has 13 an internet site, the notice shall also be posted and clearly 14 identified on the city’s internet site for public viewing 15 beginning on the date of the newspaper publication or public 16 posting, as applicable. Additionally, if the city maintains a 17 social media account on one or more social media applications, 18 the public hearing notice or an electronic link to the public 19 hearing notice shall be posted on each such account on the same 20 day as the publication of the notice. All of the following 21 shall be included in the notice: 22 Sec. 6. Section 384.16, subsection 3, Code 2023, is amended 23 to read as follows: 24 3. Following, and not until, adoption of the resolution 25 under section 384.15A , the council shall set a time and place 26 for public hearing on the budget before the final certification 27 date and shall publish notice of the hearing not less than ten 28 nor more than twenty days before the hearing in a newspaper 29 published at least once weekly and having general circulation 30 in the city. However, if the city has a population of two 31 hundred one thousand or less, publication may be made by 32 posting in three public places in the city. A summary of 33 the proposed budget and a description of the procedure for 34 protesting the city budget under section 384.19 , in the form 35 -3- SF 546.1506 (1) 90 ss/rn 3/ 6
prescribed by the director of the department of management, 1 shall be included in the notice. Proof of publication of the 2 notice under this subsection 3 and a copy of the resolution 3 adopted under section 384.15A must be filed with the county 4 auditor. The department of management shall prescribe the form 5 for the public hearing notice for use by cities. 6 Sec. 7. Section 618.1, Code 2023, is amended to read as 7 follows: 8 618.1 Publications in English Publication requirements . 9 1. All notices, proceedings, and other matter whatsoever, 10 required by law or ordinance to be published in a newspaper, 11 shall be published only in the English language and in official 12 newspapers published primarily in the English language. 13 2. a. All publications made in an official newspaper at the 14 rates contained in section 618.11 shall also be posted by the 15 official newspaper to the official newspaper’s internet site 16 within forty-eight hours of receipt from the public posting 17 entity, independent of the publication schedule of the official 18 newspaper’s printed version and not subject to any paywall or 19 subscription. 20 b. A public posting entity’s statutory notice requirement 21 is satisfied as soon as a statutorily required public notice 22 is posted pursuant to this subsection regardless of whether 23 the statutorily required public notice has been printed in the 24 official newspaper’s printed version. 25 3. If no official newspaper exists in a public posting 26 entity’s jurisdiction, the public posting entity satisfies the 27 requirements of this chapter by posting a statutorily required 28 public notice to the public posting entity’s official internet 29 site or the relevant county’s official internet site, and as 30 provided in section 4. 31 4. A public posting entity shall also post a physical 32 copy of a required public notice on a bulletin board or other 33 prominent place which is easily accessible to the public and 34 clearly designated for that purpose at the principal office of 35 -4- SF 546.1506 (1) 90 ss/rn 4/ 6
the public posting entity, or if no such office exists, at the 1 building in which a meeting is to be held, if applicable. 2 5. Nothing in this chapter modifies the duty of a public 3 posting entity to make public use copies of required notices 4 available to the public as otherwise required by law. 5 6. Nothing in this chapter modifies a public posting 6 entity’s requirement to keep a record of statutorily required 7 public postings if another section requires such records to be 8 kept. 9 Sec. 8. NEW SECTION . 618.1A 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 newspaper” means a newspaper meeting the 16 requirements of section 618.3, 17 3. “Official newspaper’s internet site means an internet 18 site owned and operated by an official newspaper to publish an 19 electronic version of the official newspaper. 20 4. “Official newspaper’s printed version” means the physical 21 version of an official newspaper. 22 5. “Paywall” or “subscription” means a fee charged by an 23 official newspaper to members of the public to receive or 24 access printed or electronic publications of the official 25 newspaper. 26 6. “Publication schedule” means the time of and interval 27 between the publication of an official newspaper’s printed 28 version. 29 7. “Public posting entity” means the state of Iowa, a 30 county, a city, a public school district, a private agency as 31 defined in section 28E.2, a public agency as defined in section 32 28E.2, or any other public entity who is required by law or 33 ordinance to post a public notice. 34 8. “Statutorily required public notice” means a notice 35 -5- SF 546.1506 (1) 90 ss/rn 5/ 6
required by the Iowa code to be made available to members of 1 the public. 2 Sec. 9. Section 618.3, Code 2023, is amended by adding the 3 following new subsection: 4 NEW SUBSECTION . 5. Has an official newspaper’s internet 5 site that provides public access to statutorily required public 6 notices that are to be published in the official newspaper’s 7 printed version independent of the publication schedule of 8 the official newspaper’s printed version and not subject to a 9 paywall or subscription. 10 Sec. 10. EFFECTIVE DATE. This Act takes effect January 1, 11 2025. > 12 2. Title page, line 2, by striking < providing for fees, > 13 ______________________________ CHRIS COURNOYER -6- SF 546.1506 (1) 90 ss/rn 6/ 6 #2.