Senate
File
2331
-
Introduced
SENATE
FILE
2331
BY
COMMITTEE
ON
TECHNOLOGY
(SUCCESSOR
TO
SSB
3107)
A
BILL
FOR
An
Act
relating
to
publication
requirements
for
official
1
publications,
and
including
effective
date
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5157SV
(2)
90
ss/jh
S.F.
2331
Section
1.
Section
372.13,
subsection
6,
Code
2024,
is
1
amended
to
read
as
follows:
2
6.
Within
fifteen
days
following
a
regular
or
special
3
meeting
of
the
council,
the
clerk
shall
cause
the
minutes
of
4
the
proceedings
of
the
council,
including
the
total
expenditure
5
from
each
city
fund,
to
be
published
in
delivered
to
a
6
newspaper
of
general
circulation
in
the
city
for
publication
.
7
The
publication
shall
include
a
list
of
all
claims
allowed
and
8
a
summary
of
all
receipts
and
shall
show
the
gross
amount
of
9
the
claims.
The
list
of
claims
allowed
shall
show
the
name
10
of
the
person
or
firm
making
the
claim,
the
reason
for
the
11
claim,
and
the
amount
of
the
claim.
If
the
reason
for
the
12
claims
is
the
same,
two
or
more
claims
made
by
the
same
vendor,
13
supplier,
or
claimant
may
be
consolidated
if
the
number
of
14
claims
consolidated
and
the
total
consolidated
claim
amount
are
15
listed
in
the
statement.
However,
the
city
shall
provide
at
16
its
office
upon
request
an
unconsolidated
list
of
all
claims
17
allowed.
Matters
discussed
in
closed
session
pursuant
to
18
section
21.3
shall
not
be
published
until
entered
on
the
public
19
minutes.
However,
in
cities
having
more
than
one
hundred
fifty
20
thousand
population,
the
council
shall
each
month
print
in
21
pamphlet
form
a
detailed
itemized
statement
of
all
receipts
and
22
disbursements
of
the
city,
and
a
summary
of
its
proceedings
23
during
the
preceding
month,
and
furnish
copies
to
the
city
24
library,
the
daily
newspapers
of
the
city,
and
to
persons
who
25
apply
at
the
office
of
the
city
clerk,
and
the
pamphlet
shall
26
constitute
publication
as
required.
Failure
by
the
clerk
to
27
make
publication
is
a
simple
misdemeanor.
The
provisions
of
28
this
subsection
are
applicable
in
cities
in
which
a
newspaper
29
is
published,
or
in
cities
of
two
hundred
population
or
over,
30
but
in
all
other
cities,
posting
the
statement
in
three
public
31
places
in
the
city
which
have
been
permanently
designated
by
32
ordinance
is
sufficient
compliance
with
this
subsection
.
33
Sec.
2.
Section
618.3,
Code
2024,
is
amended
to
read
as
34
follows:
35
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618.3
Requirements
for
newspaper
for
official
publication.
1
For
the
purpose
of
establishing
and
giving
assured
2
circulation
to
all
notices
and
reports
of
proceedings
required
3
by
statute
to
be
published
within
the
state,
if
newspapers
4
are
required
to
be
used,
only
a
newspaper
which
meets
all
of
5
the
following
requirements
shall
be
designated
for
official
6
publication
purposes:
7
1.
Is
a
newspaper
of
general
circulation
that
has
been
8
published
at
least
once
a
week
for
at
least
fifty
weeks
per
9
year
within
the
area
and
regularly
mailed
through
the
post
10
office
of
entry
for
at
least
two
years
one
year
.
11
2.
Has
a
list
of
subscribers
who
have
paid,
or
promised
to
12
pay,
at
more
than
a
nominal
rate,
for
copies
to
be
received
13
during
a
stated
period.
14
3.
Devotes
at
least
twenty-five
percent
of
its
total
15
column
space
in
more
than
one-half
of
its
issues
during
any
16
twelve-month
period
to
information
of
a
public
character
other
17
than
advertising.
18
4.
Is
paid
for
by
at
least
fifty
percent
of
the
persons
or
19
subscribers
to
whom
it
is
distributed.
20
5.
If
the
newspaper
operates
an
internet
site,
the
newspaper
21
must
do
one
of
the
following:
22
a.
Provide
free
access
on
the
homepage
of
the
internet
23
site
to
all
public
notices
posted
on
the
internet
site.
The
24
link
providing
free
access
to
public
notices
must
be
displayed
25
conspicuously.
26
b.
Display
a
link
conspicuously
on
the
homepage
of
the
27
internet
site
of
the
newspaper
to
the
statewide
public
notice
28
internet
site
established
pursuant
to
section
618.3A
if
such
29
an
internet
site
exists.
30
6.
Publish
the
address
of
the
statewide
public
notice
31
internet
site
established
pursuant
to
section
618.3A,
if
such
32
an
internet
site
exists,
in
each
edition
of
the
newspaper
33
in
the
section
of
the
newspaper
regularly
designated
for
34
the
publication
of
public
notices,
and
on
the
section
of
35
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the
newspaper’s
internet
site
regularly
designated
for
the
1
publication
of
public
notices,
if
the
newspaper
operates
an
2
internet
site.
3
7.
Post
all
notices
and
reports
of
proceedings
required
by
4
statute
to
be
published
within
the
state
by
the
newspaper
to
5
the
statewide
public
notice
internet
site
established
pursuant
6
to
section
618.3A,
if
such
an
internet
site
exists,
at
no
7
additional
cost,
and
within
seventy-two
hours
of
receipt
of
the
8
notice
or
report
of
proceedings.
9
Sec.
3.
NEW
SECTION
.
618.3A
Statewide
public
notice
10
internet
site.
11
1.
A
statewide
association
representing
a
majority
of
12
newspapers
in
the
state
may
operate
and
maintain
a
statewide
13
public
notice
internet
site
containing
all
notices
and
reports
14
of
proceedings
required
by
statute
to
be
published
within
the
15
state
by
newspapers.
16
2.
To
qualify
as
a
statewide
public
notice
internet
site,
an
17
internet
site
must
meet
all
of
the
following
requirements:
18
a.
Public
notices
and
reports
of
proceedings
shall
be
19
available
to
the
public
at
no
cost.
20
b.
The
internet
site
must
allow
a
person
to
search
for
a
21
notice
by
criteria
contained
in
the
public
notice
or
report
of
22
proceedings.
23
c.
The
internet
site
must
provide
access
to
all
public
24
notices
and
reports
of
proceedings
for
at
least
one
year
after
25
initial
publication.
26
d.
The
internet
site
must
allow
access
through
the
use
of
27
common
internet
browsers.
28
e.
The
internet
site
must
provide
a
method
to
allow
29
members
of
the
public
to
subscribe
to
alerts
of
public
30
notices
and
reports
of
proceedings
by
means
of
electronic
mail
31
notifications.
Notwithstanding
paragraph
“a”
,
if
the
service
32
provider
for
the
statewide
public
notice
internet
site
charges
33
a
fee
for
subscription
services,
the
statewide
public
notice
34
internet
site
may
charge
a
fee
to
an
individual
subscriber
in
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2331
an
amount
not
to
exceed
the
cost
of
providing
the
subscription
1
to
the
individual.
2
Sec.
4.
NEW
SECTION
.
618.3B
Publication
on
internet
sites.
3
1.
a.
Public
notice
requirements
may
be
satisfied
through
4
publication
of
the
notice
to
a
newspaper’s
internet
site.
5
b.
A
notice
published
pursuant
to
this
subsection
shall
be
6
at
a
rate
equal
to
five
percent
of
the
rate
established
for
7
publication
in
a
newspaper
pursuant
to
section
618.11.
8
c.
A
notice
published
pursuant
to
this
subsection
must
9
be
posted
by
a
newspaper
within
seventy-two
hours
of
receipt
10
of
the
notice
by
the
newspaper
and
shall
be
available
to
the
11
public
at
no
cost.
12
2.
An
error
in
a
public
notice
or
report
of
proceedings
13
posted
on
an
internet
site
or
a
temporary
internet
site
outage
14
or
service
interruption
preventing
the
publication
or
display
15
of
a
public
notice
or
report
of
proceedings
is
a
harmless
16
error
so
long
as
the
public
notice
or
report
of
proceedings
is
17
published
in
a
newspaper
as
required
by
law
or
on
the
official
18
internet
site
of
all
counties
in
which
notice
is
required
to
19
be
given
to
any
person.
20
Sec.
5.
NEW
SECTION
.
618.3C
No
official
newspaper
in
21
county.
22
If
no
newspaper
meeting
the
requirements
of
section
618.3
is
23
published
in
a
county,
public
notice
requirements
are
satisfied
24
with
respect
to
that
county
by
causing
a
notice
or
report
of
25
proceedings
to
be
posted
on
the
official
internet
site
of
the
26
county.
27
Sec.
6.
Section
618.8,
Code
2024,
is
amended
by
striking
the
28
section
and
inserting
in
lieu
thereof
the
following:
29
618.8
Refusal
to
publish.
30
If
a
newspaper
refuses
to
publish
a
statutorily
required
31
public
notice,
a
government
body,
as
defined
in
section
22.1,
32
satisfies
public
notice
requirements
with
respect
to
that
33
public
notice
by
publishing
the
public
notice
on
the
official
34
internet
site
of
the
government
body
and
forwarding
the
notice
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to
each
county
in
which
notice
is
required
to
be
given
to
1
any
person.
A
county
receiving
a
public
notice
pursuant
to
2
this
section
shall
publish
the
public
notice
on
the
county’s
3
internet
site
within
seventy-two
hours
of
receipt.
4
Sec.
7.
Section
618.11,
Code
2024,
is
amended
to
read
as
5
follows:
6
618.11
Fees
for
publication
and
proof
of
publication
.
7
1.
The
compensation,
when
not
otherwise
fixed,
for
the
8
publication
in
a
newspaper
of
any
notice,
order,
citation,
or
9
other
publication
required
or
allowed
by
law
shall
be
at
a
10
rate
of
thirty-four
cents
for
one
insertion
and
twenty-three
11
cents
for
each
subsequent
insertion
for
each
line
of
eight
12
point
type
two
inches
in
length,
or
its
equivalent.
Beginning
13
June
1,
2001,
and
each
June
1
thereafter,
the
director
of
14
the
department
of
administrative
services
shall
calculate
a
15
new
rate
for
the
following
fiscal
year
as
prescribed
in
this
16
section
subsection
,
and
shall
publish
this
rate
as
a
notice
in
17
the
Iowa
administrative
bulletin
prior
to
the
first
day
of
the
18
following
calendar
month.
The
new
rate
shall
be
effective
on
19
the
first
day
of
the
calendar
month
following
its
publication.
20
The
rate
shall
be
calculated
by
applying
the
percentage
change
21
in
the
consumer
price
index
for
all
urban
consumers
for
the
22
last
available
twelve-month
period
published
in
the
federal
23
register
by
the
federal
department
of
labor,
bureau
of
labor
24
statistics,
to
the
existing
rate
as
an
increase
or
decrease
25
in
the
rate
rounded
to
the
nearest
one-tenth
of
a
cent.
The
26
calculation
and
publication
of
the
rate
by
the
director
of
the
27
department
of
administrative
services
shall
be
exempt
from
the
28
provisions
of
chapters
17A
and
25B
.
29
2.
A
newspaper
shall
not
charge
a
fee
to
a
government
body,
30
as
defined
in
section
22.1,
for
proof
of
publication
of
a
31
public
notice.
32
Sec.
8.
Section
618.18,
Code
2024,
is
amended
by
striking
33
the
section
and
inserting
in
lieu
thereof
the
following:
34
618.18
Timely
publication
required.
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1.
A
newspaper
shall
publish
all
public
notices
and
reports
1
of
proceedings
that
are
required
by
law
to
be
published
by
a
2
certain
date
within
seventy-two
hours
of
receipt
unless
one
of
3
the
following
applies:
4
a.
The
newspaper
publishes
less
than
daily,
in
which
case
5
the
newspaper
shall
publish
the
public
notice
or
report
of
6
proceedings
within
forty-eight
hours
of
the
next
scheduled
7
publication
of
the
newspaper.
8
b.
The
newspaper
maintains
an
internet
site,
in
which
case
9
the
newspaper
shall
publish
the
notice
or
report
of
proceedings
10
within
seventy-two
hours
of
receipt
and
make
the
notice
or
11
report
of
proceedings
available
to
the
public
at
no
cost.
12
2.
A
newspaper
that
receives
payment
to
publish
a
13
statutorily
required
public
notice
and
fails
to
timely
or
14
accurately
publish
the
public
notice
as
required
by
subsection
15
1
shall
refund
all
moneys
received
to
publish
the
notice
to
the
16
government
body
that
paid
to
publish
the
notice.
17
3.
A
government
body,
as
defined
in
section
22.1,
satisfies
18
public
notice
requirements
with
respect
to
a
statutorily
19
required
public
notice
that
was
untimely
or
inaccurately
20
published
by
a
newspaper
if
the
government
body
timely
and
21
accurately
published
the
public
notice
on
the
official
internet
22
site
of
all
counties
in
which
notice
is
required
to
be
given
to
23
any
person.
24
Sec.
9.
NEW
SECTION
.
618.19
Disputes
——
resolution.
25
A
dispute
arising
between
a
government
body,
as
defined
in
26
section
22.1,
and
a
newspaper
regarding
the
publication
of
a
27
notice
or
report
of
proceedings
under
this
chapter
shall
be
28
heard
by
the
Iowa
public
information
board
created
pursuant
to
29
section
23.3
as
a
contested
case
proceeding
pursuant
to
chapter
30
17A.
31
Sec.
10.
EFFECTIVE
DATE.
The
following,
being
deemed
of
32
immediate
importance,
take
effect
upon
enactment:
33
1.
The
section
of
this
Act
amending
section
372.13,
34
subsection
6.
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2.
The
section
of
this
Act
amending
section
618.8.
1
3.
The
section
of
this
Act
amending
section
618.11.
2
4.
The
section
of
this
Act
amending
section
618.18.
3
5.
The
section
of
this
Act
enacting
section
618.3C.
4
Sec.
11.
EFFECTIVE
DATE.
The
following
take
effect
July
1,
5
2025:
6
1.
The
section
of
this
Act
amending
section
618.3.
7
2.
The
section
of
this
Act
enacting
section
618.3A.
8
EXPLANATION
9
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
10
the
explanation’s
substance
by
the
members
of
the
general
assembly.
11
This
bill
relates
to
official
publications
by
government
12
bodies,
defined
in
the
bill.
The
bill
requires
the
minutes
13
of
proceedings
of
a
city
council
meeting
to
be
delivered
to
a
14
newspaper
for
publication
within
15
days.
This
provision
of
15
the
bill
takes
effect
upon
enactment.
16
The
bill
requires
a
newspaper
designated
for
official
17
publication
purposes
to
have
been
in
regular
publication
in
18
the
area
for
at
least
one
year
instead
of
two
years.
If
the
19
newspaper
maintains
an
internet
site,
the
bill
requires
the
20
newspaper
to
provide
free
public
access
to
public
notices
on
21
the
internet
site
and
display
a
link
to
the
statewide
public
22
notice
internet
site,
if
such
a
site
exists.
If
the
statewide
23
public
notice
internet
site
exists,
the
bill
also
requires
a
24
newspaper
designated
for
official
publication
to
publish
the
25
address
of
the
internet
site
in
each
edition
of
the
newspaper
26
and
on
the
newspaper’s
internet
site
where
public
notices
are
27
customarily
published,
and
to
post
all
notices
and
reports
of
28
proceedings
to
the
statewide
public
notice
internet
site
within
29
72
hours
of
receipt.
This
provision
of
the
bill
takes
effect
30
July
1,
2025.
31
The
bill
allows
a
statewide
association
representing
a
32
majority
of
newspapers
in
this
state
to
operate
and
maintain
a
33
statewide
public
notice
internet
site
containing
all
notices
34
and
reports
of
proceedings
required
by
statute
to
be
published
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in
a
newspaper.
The
bill
provides
specific
requirements
for
1
access
to
and
use
of
the
internet
site
that
an
internet
site
2
must
meet
to
qualify
as
a
statewide
public
notice
internet
3
site.
This
provision
of
the
bill
takes
effect
July
1,
2025.
4
The
bill
allows
public
notice
requirements
for
a
notice
to
be
5
satisfied
through
publication
of
the
notice
to
a
newspaper’s
6
internet
site.
The
bill
sets
the
rate
paid
by
a
government
7
body
for
publication
to
a
newspaper’s
internet
site
at
5
8
percent
of
the
rate
established
in
the
Code
for
publication
9
in
a
printed
newspaper.
The
bill
requires
a
newspaper
that
10
publishes
a
public
notice
on
its
internet
site
to
publish
11
the
notice
within
72
hours
of
receipt
and
to
make
the
notice
12
available
at
no
cost
to
the
public.
The
bill
makes
an
error
in
13
publication
to
an
internet
site
harmless
if
the
notice
was
also
14
published
in
a
newspaper
as
required
by
law
or
on
the
official
15
internet
site
of
all
counties
in
which
notice
is
required
to
16
be
given
to
any
person.
17
If
no
newspaper
meeting
the
requirements
established
in
18
the
Code
for
designation
of
an
official
newspaper
exists
in
19
a
county,
the
bill
allows
public
notice
requirements
to
be
20
satisfied
with
respect
to
that
county
by
publication
of
the
21
notice
or
report
of
proceedings
on
the
official
internet
site
22
of
that
county.
This
provision
of
the
bill
takes
effect
upon
23
enactment.
24
If
a
newspaper
refuses
to
publish
a
public
notice,
the
bill
25
allows
a
government
body
to
satisfy
public
notice
requirements
26
by
publishing
the
notice
on
the
internet
site
of
the
government
27
body
and
forwarding
the
public
notice
to
each
county
in
28
which
notice
is
required
to
be
given
to
any
person.
The
bill
29
requires
a
county
receiving
such
a
notice
to
publish
the
notice
30
on
the
county’s
internet
site
within
72
hours
of
receipt.
This
31
provision
of
the
bill
takes
effect
upon
enactment.
32
The
bill
prohibits
a
newspaper
from
charging
a
fee
to
a
33
government
body
for
proof
of
publication
of
a
public
notice.
34
This
provision
of
the
bill
takes
effect
upon
enactment.
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The
bill
requires
a
newspaper
to
publish
all
public
notices
1
and
reports
of
proceedings
required
by
law
to
be
published
by
a
2
certain
date
within
72
hours
of
receipt,
except
under
certain
3
circumstances.
If
the
newspaper
publishes
less
than
daily,
the
4
bill
requires
the
newspaper
to
publish
the
notice
within
48
5
hours
of
the
next
scheduled
publication
of
the
newspaper.
If
6
the
newspaper
maintains
an
internet
site,
the
bill
allows
the
7
newspaper
to
instead
publish
the
public
notice
on
the
internet
8
site
within
72
hours
of
receipt
if
the
notice
is
made
available
9
to
the
public
at
no
cost.
If
a
newspaper
fails
to
timely
10
or
accurately
publish
a
public
notice,
the
bill
requires
the
11
newspaper
to
refund
all
moneys
received
to
publish
the
notice.
12
In
the
case
of
a
notice
that
was
not
timely
or
accurately
13
published
by
a
newspaper,
a
government
body
still
satisfies
14
public
notice
requirements
if
the
notice
was
published
on
the
15
official
internet
site
of
all
counties
in
which
notice
was
16
required
to
be
given
to
any
person.
This
provision
of
the
bill
17
takes
effect
upon
enactment.
18
The
bill
requires
disputes
arising
between
a
government
body
19
and
a
newspaper
regarding
the
publication
of
a
notice
or
report
20
of
proceedings
to
be
heard
by
the
Iowa
public
information
board
21
as
a
contested
case
proceeding.
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