Senate File 546 S-3169 Amend Senate File 546 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. Section 75.2, Code 2023, is amended to read as 4 follows: 5 75.2 Notice of sale. 6 When public bonds are offered for sale, the official in 7 charge of the bond issue shall , by advertisement published 8 at least once, the last one of which shall be not less than 9 four nor more than twenty days before the sale in a newspaper 10 located in the county or a county contiguous to the place of 11 sale, give notice of the time and place of sale of the bonds, 12 the amount to be offered for sale, and any further information 13 which the official deems pertinent by publishing the time and 14 place of sale of the bonds, the amount to be offered for sale, 15 and any additional information the official deems pertinent 16 to the bond issue not less than four nor more than twenty 17 days before the sale in at least one electronic or written 18 publication with nationwide circulation that is recognized for 19 providing information regarding the sale of public bonds or in 20 a newspaper located in the county or a county contiguous to the 21 place of sale . 22 Sec. 2. Section 273.3, subsection 12, Code 2023, is amended 23 to read as follows: 24 12. Prepare an annual budget estimating income and 25 expenditures for programs and services as provided in sections 26 273.1 , 273.2 , this section , sections 273.4 through 273.8 , and 27 chapter 256B within the limits of funds provided under section 28 256B.9 and chapter 257 . The board shall post notice of a 29 public hearing on the proposed budget on the area education 30 agency’s internet site and by publication in the newspaper of 31 general circulation in the territory of the area education 32 agency in which the principal place of business of a school 33 district that is a part of the area education agency is located 34 or in the manner prescribed in section 279.36 . The notice 35 -1- SF 546.1914 (2) 90 ss/rn 1/ 7 #1.
shall specify the date, which shall be not later than March 1 1 of each year, the time, and the location of the public 2 hearing. The proposed budget as approved by the board shall 3 then be submitted to the state board of education, on forms 4 provided by the department, no later than March 15 preceding 5 the next fiscal year for approval. The state board shall 6 review the proposed budget of each area education agency and 7 shall before May 1, either grant approval or return the budget 8 without approval with comments of the state board included. An 9 unapproved budget shall be resubmitted to the state board for 10 final approval not later than May 15. The state board shall 11 give final approval only to budgets submitted by area education 12 agencies accredited by the state board or that have been given 13 conditional accreditation by the state board. 14 Sec. 3. Section 279.6, subsection 1, paragraph a, Code 2023, 15 is amended to read as follows: 16 a. Except as provided in paragraph “b” and subsection 2 , 17 vacancies occurring among the officers or members of a school 18 board shall be filled by the board by appointment. A person 19 so appointed to fill a vacancy in an elective office shall 20 hold office until a successor is elected and qualified at the 21 next regular school election, unless there is an intervening 22 special election for the school district, in which event a 23 successor shall be elected at the intervening special election, 24 in accordance with section 69.12 . To fill a vacancy occurring 25 among the members of a school board, the board shall publish 26 notice either on the board’s internet site or in the manner 27 prescribed by section 279.36 , stating that the board intends to 28 fill the vacancy by appointment but that the electors of the 29 school district have the right to file a petition requiring 30 that the vacancy be filled by a special election conducted 31 pursuant to section 279.7 . The board may publish notice in 32 advance if a member of the board submits a resignation to take 33 effect at a future date. The board may make an appointment to 34 fill the vacancy after the notice is published or after the 35 -2- SF 546.1914 (2) 90 ss/rn 2/ 7
vacancy occurs, whichever is later. 1 Sec. 4. Section 279.6, subsection 1, paragraph b, 2 subparagraphs (1) and (2), Code 2023, are amended to read as 3 follows: 4 (1) If within fourteen days after publication of a providing 5 notice required pursuant to paragraph “a” for a vacancy that 6 occurs more than one hundred eighty days before the next 7 regular school election, or after the filing period closes 8 pursuant to section 277.4, subsection 1 , for the next regular 9 school election, there is filed with the secretary of the 10 school board a petition requesting a special election to fill 11 the vacancy, an appointment to fill the vacancy is temporary 12 until a successor is elected and qualified, and the board shall 13 call a special election pursuant to section 279.7 , to fill the 14 vacancy for the remaining balance of the unexpired term. 15 (2) If within fourteen days after publication of a providing 16 notice required pursuant to paragraph “a” for a vacancy that 17 occurs one hundred eighty days or less but more than forty days 18 before the next regular school election there is filed with the 19 secretary of the school board a petition requesting to fill 20 the vacancy by election, an appointment to fill the vacancy is 21 temporary until a successor is elected and qualified, and the 22 school board shall require that the remaining balance of the 23 unexpired term be filled at the next regular school election. 24 Sec. 5. Section 618.1, Code 2023, is amended to read as 25 follows: 26 618.1 Publications in English Publication requirements . 27 1. All notices, proceedings, and other matter whatsoever, 28 required by law or ordinance to be published in a newspaper, 29 shall be published only in the English language and in official 30 newspapers published primarily in the English language. 31 2. a. All publications made in an official newspaper at the 32 rates contained in section 618.11 shall also be posted by the 33 official newspaper to the official newspaper’s internet site 34 within forty-eight hours of receipt from the public posting 35 -3- SF 546.1914 (2) 90 ss/rn 3/ 7
entity, independent of the publication schedule of the official 1 newspaper’s printed version and not subject to any paywall or 2 subscription. 3 b. A public posting entity’s statutory notice requirement 4 is satisfied as soon as a statutorily required public notice 5 is posted pursuant to this subsection regardless of whether 6 the statutorily required public notice has been printed in the 7 official newspaper’s printed version. 8 3. If no official newspaper exists in a public posting 9 entity’s jurisdiction, the public posting entity satisfies the 10 requirements of this chapter by posting a statutorily required 11 public notice to the public posting entity’s official internet 12 site or the relevant county’s official internet site, and as 13 provided in section 4. 14 4. A public posting entity shall also post a physical 15 copy of a required public notice on a bulletin board or other 16 prominent place which is easily accessible to the public and 17 clearly designated for that purpose at the principal office of 18 the public posting entity, or if no such office exists, at the 19 building in which a meeting is to be held, if applicable. 20 5. An official newspaper shall cross reference and 21 publicize between the official newspaper’s printed version and 22 the official newspaper’s internet site. 23 6. A print-only newspaper shall cross reference and 24 publicize between the print-only newspaper’s official 25 newspaper’s printed version and the consolidated official 26 newspaper internet site for statutorily required public notices 27 utilized to satisfy section 618.3(6). 28 7. Nothing in this chapter modifies the duty of a public 29 posting entity to make public use copies of required notices 30 available to the public as otherwise required by law. 31 8. Nothing in this chapter modifies a public posting 32 entity’s requirement to keep a record of statutorily required 33 public postings if another section requires such records to be 34 kept. 35 -4- SF 546.1914 (2) 90 ss/rn 4/ 7
Sec. 6. NEW SECTION . 618.1A Definitions. 1 For the purposes of this chapter, unless the context 2 otherwise requires: 3 1. “Consolidated official newspaper internet site for 4 statutorily required public notices” means an internet site 5 owned and operated by an entity the membership of which 6 is solely comprised of official newspapers meeting the 7 requirements of section 618.3 and which provides access to 8 statutorily required public notices not subject to any paywall 9 or subscription and which additionally functions such that 10 members of the public may search for specific statutorily 11 required public notices and may subscribe to receive 12 notifications when a specific public posting entity posts a 13 statutorily required public notice. 14 2. “Cross reference and publicize” means providing 15 sufficient information such that a reasonable person would 16 know that the same information is contained in two or more 17 locations. 18 3. “Official internet site” means the internet site used 19 by a public posting entity to conduct or communicate official 20 business and information. 21 4. “Official newspaper” means a newspaper meeting the 22 requirements of section 618.3. 23 5. “Official newspaper’s internet site means an internet 24 site owned and operated by an official newspaper to publish an 25 electronic version of the official newspaper. 26 6. “Official newspaper’s printed version” means the physical 27 version of an official newspaper. 28 7. “Paywall” or “subscription” means a fee charged by an 29 official newspaper to members of the public to receive or 30 access printed or electronic publications of the official 31 newspaper. 32 8. “Print-only newspaper” means a newspaper that does not 33 own or operate an official newspaper internet site to publish 34 the newspaper’s printed version. 35 -5- SF 546.1914 (2) 90 ss/rn 5/ 7
9. “Publication schedule” means the time of and interval 1 between the publication of an official newspaper’s printed 2 version. 3 10. “Public posting entity” means the state of Iowa, a 4 county, a city, a public school district, a private agency as 5 defined in section 28E.2, a public agency as defined in section 6 28E.2, or any other public entity who is required by law or 7 ordinance to post a public notice. 8 11. “Statutorily required public notice” means a notice 9 required by the Iowa Code to be made available to members of 10 the public. 11 Sec. 7. Section 618.3, subsection 3, Code 2023, is amended 12 to read as follows: 13 3. Devotes at least twenty-five forty percent of its total 14 column space in more than one-half of its issues during any 15 twelve-month period to information of a public character other 16 than advertising. 17 Sec. 8. Section 618.3, Code 2023, is amended by adding the 18 following new subsections: 19 NEW SUBSECTION . 5. Has an official newspaper’s internet 20 site that provides public access to statutorily required public 21 notices that are to be published in the official newspaper’s 22 printed version independent of the publication schedule of 23 the official newspaper’s printed version and not subject to 24 a paywall or subscription. A print-only newspaper is exempt 25 from the requirements of this subsection provided that the 26 print-only newspaper posts statutorily required public notices 27 received from public posting entities to a consolidated 28 official newspaper internet site for statutorily required 29 public notices. 30 Sec. 9. EFFECTIVE DATE. This Act takes effect January 1, 31 2025. > 32 2. Title page, line 2, by striking < providing for fees, > 33 -6- SF 546.1914 (2) 90 ss/rn 6/ 7
______________________________ CHRIS COURNOYER -7- SF 546.1914 (2) 90 ss/rn 7/ 7