SSB 3107 (LSB 5157XC (3) 90)

SENATE FILE _____ 

BY  (PROPOSED COMMITTEE ON TECHNOLOGY BILL BY CHAIRPERSON COURNOYER)

A BILL FOR

An Act relating to publication requirements for official publications.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 24.9, subsection 1, paragraph a, Code 2024, 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 publication shall be in a newspaper published in the municipality, if any, if not, then in a newspaper of general circulation in the municipality.  If such a newspaper is not published in the municipality, the municipality satisfies the publication requirements of this paragraph by publishing the notice of hearing to the municipality’s official internet site such that the notice is clearly identifiable and accessible.
    Sec. 2.  Section 47.5, subsection 2, Code 2024, is amended to read as follows:
   2.  When it is proposed to purchase any goods or services, other than data processing services, in connection with administration of elections, the commissioner shall publish notice to bidders, including specifications regarding the goods or services to be purchased or a description of the nature and object of the services to be retained, in a newspaper of general circulation in the county not less than fifteen days before the final date for submission of bids. When competitive bidding procedures are used, the purchase of goods or services shall be made from the lowest responsible bidder which meets the specifications or description of the services needed or the commissioner may reject all bids and readvertise. In determining the lowest responsible bidder, various factors may be considered, including but not limited to the past performance of the bidder relative to quality of product or service, the past experience of the purchaser in relation to the product or service, the relative quality of products or services, the proposed terms of delivery and the best interest of the county.  If there is not such a newspaper published in the county, the county satisfies the notice requirements of this subsection by publishing the notice to the county’s official internet site such that the notice is clearly identifiable and accessible.
    Sec. 3.  Section 49.53, subsection 2, Code 2024, is amended to read as follows:
   2.  The notice shall be published in at least one newspaper, as defined in that meets the requirements of section 618.3, which is published in the county or other political subdivision in which the election is to occur or, if no such newspaper is published there, in at least one newspaper of substantial circulation in the county or political subdivision the notice shall be posted to the internet site of the county and to the internet site of any political subdivision in which the election is to occur such that the notice is clearly identifiable and accessible. 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 such newspaper published in the county, publication in one such newspaper shall be sufficient.  If no such newspapers exist, the notice shall be posted to the county’s official internet site such that the notice is clearly identifiable and accessible.
    Sec. 4.  Section 49A.1, Code 2024, is amended by adding the following new subsection:
   NEW SUBSECTION.  3.  If at least two newspapers are not published in a congressional district, the proposition to amend the Constitution shall be posted, during each month, to the official internet sites of each county and political subdivision within the congressional district such that the notice is clearly identifiable and accessible. The proposition to amend the Constitution shall also be published, during each month, on an internet site of the general assembly.
    Sec. 5.  Section 49A.2, Code 2024, is amended to read as follows:
   49A.2  Publication of proposed public measure.
   Whenever any public measure has passed the general assembly which under the Constitution must be published and submitted to a vote of the entire people of the state, the state commissioner of elections shall cause the same to be published, once each month, in at least one newspaper of general circulation in each county in the state, for the time required by the Constitution.  If such a newspaper is not published in the county, the public measure shall be posted, once each month, to the official internet sites of the county and all political subdivisions within the county such that the public measure is clearly identifiable and accessible.
    Sec. 6.  Section 49A.3, subsection 1, Code 2024, is amended by adding the following new paragraphs:
   NEW PARAGRAPH.  c.  Proof of publication on an official internet site of a county shall be made by filing a certificate by the county auditor in the office of the state commissioner of elections that the publication as described in this paragraph has been made as required by law.
   NEW PARAGRAPH.  d.  Proof of publication on an official internet site of a political subdivision shall be made by filing a certificate by the city clerk of each city and the county auditor of each county containing the political subdivision in the office of the state commissioner of elections that the publication as described in this paragraph has been made as required by law.
    Sec. 7.  Section 181.15, subsection 1, Code 2024, is amended to read as follows:
   1.  The secretary shall provide for the publication of a notice of the referendum for a period of not less than five days in a newspaper of general circulation in the state and in such other newspapers as the secretary may prescribe. The notice of referendum shall set forth the period for voting and the voting places for the referendum and the amount of the state assessment. A referendum shall not be commenced prior to fourteen days after the last day of such period of publication.  If no such newspaper is published in the state, the secretary shall submit the notice to the association for publication to the association’s official internet site. The association shall publish the notice of the referendum on the association’s official internet site such that the notice is clearly identifiable and accessible.
    Sec. 8.  Section 184A.12A, subsection 2, paragraph a, Code 2024, is amended to read as follows:
   a.  The department shall publish a notice of the referendum for a period of not less than five days in at least one newspaper of general circulation in the state and for a similar period in other such newspapers as prescribed by the department.  If no such newspaper is published in the state, the department shall publish the notice of the referendum to the department’s official internet site such that the notice is clearly identifiable and accessible. The notice shall state the voting places, period of time for voting, manner of voting, and other information deemed necessary by the department. A referendum shall not be commenced until five days after the last date of publication.
    Sec. 9.  Section 203.12, Code 2024, is amended by adding the following new subsection:
   NEW SUBSECTION.  3.  If there are insufficient newspapers to meet the requirements of subsection 2, the department shall satisfy its notice requirements under this section by publishing the notice to the department’s official internet site such that the notice is clearly identifiable and accessible.
    Sec. 10.  Section 203C.3, subsection 5, Code 2024, is amended to read as follows:
   5.  When appointed as a receiver under this chapter, the department shall cause notification of the appointment to be published once each week for two consecutive weeks in a newspaper of general circulation in each of the counties in which the licensee maintains a business location, and in a newspaper of general circulation in this state.  If no such newspaper is published in a county, the department satisfies the publication requirements of this subsection by submitting the notice to the county for publication to the county’s official internet site. The county shall publish the notice to the county’s official internet site such that the notice is clearly identifiable and accessible.
    Sec. 11.  Section 203D.6, subsection 3, Code 2024, is amended to read as follows:
   3.  Notice.  The department shall cause notice of the opening of the claim period to be published once each week for two consecutive weeks in a newspaper of general circulation in each of the counties in which the licensee maintains a business location and in a newspaper of general circulation within the state.  If no such newspaper of general circulation is published in a county, the department shall submit the notice of the opening of the claim period to the county and the county shall publish the notice of the opening of the claim period to the county’s official internet site such that the notice is clearly identifiable and accessible. The notice shall state the name and address of the licensee and the claim incurrence date. The notice shall also state that any claims against the fund on account of the licensee shall be sent by ordinary mail to the department within one hundred twenty days after the incurrence date, and that the failure to make a timely claim relieves the fund from liability to the claimant. This notice may be incorporated by the department with a notice required by section 203.12 or 203C.14.
    Sec. 12.  Section 331.305, subsection 1, Code 2024, is 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 that meet the requirements of section 618.14 618.3. Notice of an election shall also comply with section 49.53.  If no such newspaper is published in a county, the notice shall be posted to the county’s official internet site such that the notice is clearly identifiable and accessible.
    Sec. 13.  Section 347.13, subsection 11, Code 2024, is amended to read as follows:
   11.  Publish quarterly in each of the official newspapers of the county as selected by the board of supervisors pursuant to section 349.1 the schedule of bills allowed, and publish annually in such newspapers the schedule of salaries paid by job classification and category, but not by listing names of individual employees. The names, business addresses, salaries, and job classification of employees paid in whole or in part from a tax levy shall be a public record and open to inspection at reasonable times as designated by the board of trustees.  If no such newspaper is published in a county, the county shall publish quarterly the schedule of bills allowed, and publish annually the schedule of salaries paid by job classification and category, but not by listing names of individual employees, to the county’s official internet site such that the notices are clearly identifiable and accessible. The board of trustees is responsible for providing such information to the county for publication to the county’s official internet site.
    Sec. 14.  Section 358.40, subsections 3 and 4, Code 2024, are amended to read as follows:
   3.  The board shall examine the petition at its next meeting 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 or, if no such newspaper is published within the district, in a newspaper published in the county in which the major part of the district is located the notice shall be posted to the county’s official internet site such that the notice is clearly identifiable and accessible. 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 the board shall publish a notice in a newspaper of general circulation published in the district or, if no such newspaper is published in the district, in a newspaper published in the county in which the major part of the district is located the notice shall be posted to the county’s official internet site such that the notice is clearly identifiable and accessible 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 effective.
    Sec. 15.  Section 362.3, subsection 1, paragraph b, Code 2024, 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 such newspaper is published, a publication may be made by posting in three public places in the city which have been permanently designated by ordinance and by posting to the city’s official internet site such that the notice is clearly identifiable and accessible.
    Sec. 16.  Section 362.3, subsection 2, Code 2024, is amended to read as follows:
   2.  In the case of notices of elections, a city with a population of two hundred or less meets the publication requirement of this section by posting notices of elections in three public places which have been designated by ordinance and by posting to the city’s official internet site such that the notice is clearly identifiable and accessible.
    Sec. 17.  Section 384.16, subsection 3, Code 2024, is amended to read as follows:
   3.  Following, and not until, requirements of section 24.2A are completed, 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 which have been designated by ordinance and by posting to the city’s official internet site such that the notice is clearly identifiable and accessible. 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 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. 18.  Section 441.7, subsection 2, Code 2024, is amended to read as follows:
   2.  The director of revenue shall conduct no more than one special examination for each vacancy in an assessing jurisdiction. The examination shall be conducted by the director of revenue as provided in section 441.5, except as otherwise provided in this section. The examining board shall give notice of holding the examination for assessor by posting a written notice in a conspicuous place in the county courthouse in the case of county assessors or in the city hall in the case of city assessors, stating that at a specified date, an examination for the position of assessor will be held at a specified place. Similar notice shall be given at the same time by one publication of the notice in three newspapers of general circulation in the case of a county assessor, or in case there are not three such newspapers in a county, then in such newspapers which are available, or in one newspaper of general circulation in the city in the case of city assessor and on the county’s official internet site such that the notice is clearly identifiable and accessible.  In the case of city assessor, notice shall be given by one publication in one newspaper of general circulation. If no such newspaper exists, notice shall be published on the official internet site of the city such that the notice is clearly identifiable and accessible.
    Sec. 19.  Section 455B.305A, subsection 1, Code 2024, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  c.  If a newspaper is not published in a county, a county satisfies the notice requirements of paragraph “b” by publishing the notice to the county’s official internet site such that the notice is clearly identifiable and accessible.
    Sec. 20.  Section 455B.305A, subsection 3, paragraph b, Code 2024, 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. 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.  If such a newspaper is not published in a county, a county satisfies the notice requirements of this paragraph by publishing the notice to the county’s official internet site such that the notice is clearly identifiable and accessible.
    Sec. 21.  Section 455B.305A, subsection 5, Code 2024, 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.  If such a newspaper is not published in a county, a county satisfies the notice requirements of this subsection by publishing the notice to the county’s official internet site such that the notice is clearly identifiable and accessible. If a newspaper is not published in a city, a city satisfies the notice requirements of this subsection by publishing the notice to the city’s official internet site such that the notice is clearly identifiable and accessible.
    Sec. 22.  Section 533.405, subsection 5, paragraph b, Code 2024, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (3)  If a newspaper is not published in a county, the state credit union satisfies the notice requirements of this section by submitting the notice to each county in which the state credit union maintains an office or branch for publication to the county’s official internet site. Each county shall publish the notice to the county’s official internet site such that the notice is clearly identifiable and accessible.
    Sec. 23.  Section 618.3, subsection 1, Code 2024, is amended to read as follows:
   1.  Is a newspaper of general circulation that is currently published in physical paper form and has been published in physical paper form at least once a week for at least fifty weeks per year within the area and regularly mailed through the post office of entry for at least two years.
    Sec. 24.  Section 618.14, subsection 2, Code 2024, is amended to read as follows:
   2.  In the event there is no such newspaper published in such municipality or political subdivision or in the event publication in more than one such newspaper is desired, publication may be made in any such newspaper having general circulation in such municipality or political subdivision, the municipality or political subdivision may publish any matter of general public importance to the official internet site of the municipality or political subdivision such that the matter of general public importance is clearly identifiable and accessible.
    Sec. 25.  Section 618.8, Code 2024, is amended to read as follows:
   618.8  Refusal to publish.
   If publication be refused when copy therefor, with the cost or security for payment of the cost, is tendered, such publication may be made in some other newspaper of general circulation at or nearest to the county seat, with the same effect as if made in the newspaper so refusing If a newspaper refuses to publish a statutorily required public notice, a governmental body, as defined in section 21.2, satisfies public notice requirements with respect to that public notice by publishing the public notice on the governmental body’s official internet site such that the notice is clearly identifiable and accessible.
    Sec. 26.  Section 618.18, Code 2024, is amended by striking the section and inserting in lieu thereof the following:
   618.18  Timely publication required.
   1.  If a governmental body pays a newspaper to publish a statutorily required public notice and the newspaper fails to timely or accurately publish the statutorily required public notice, the governmental body’s notice requirements are satisfied if the governmental body timely and accurately published the same information to the governmental body’s official internet site such that the notice is clearly identifiable and accessible.
   2.  If a newspaper receives payment to publish a statutorily required public notice and fails to timely or accurately publish the notice, the newspaper shall refund all moneys received to publish the notice to the governmental body that paid to publish the notice.
   3.  A dispute arising under this section shall be heard by the Iowa public information board created pursuant to section 23.3 as a contested case proceeding under chapter 17A.
   4.  For purposes of this section, “governmental body” means the same as defined in section 21.2.
    Sec. 27.  NEW SECTION.  618.19  Insufficient newspapers.
   If the territory of a governmental body, as defined in section 21.2, does not include sufficient newspapers to effectuate a statutorily required public notice, the governmental body satisfies public notice requirements with respect to that public notice by publishing the public notice on the governmental body’s official internet site such that the notice is clearly identifiable and accessible.
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 official publications by governmental bodies, defined in the bill. The bill requires that a newspaper used for official publication be one that is currently published in a physical format. If a governmental body pays a newspaper to publish a public notice but the newspaper fails to timely or accurately publish the public notice, the bill provides that the notice requirements are nevertheless satisfied if the governmental body timely and accurately published the notice on the governmental body’s official internet site such that the notice is clearly identifiable and accessible. The bill requires a newspaper that fails to publish a public notice for which it received payment to refund all moneys received for the publication to the governmental body that made the payment. The bill requires disputes regarding publication and payment to be heard by the Iowa public information board as a contested case proceeding.
   The bill changes alternative publication options in circumstances where a sufficient number of newspapers do not exist. If a sufficient number of newspapers to meet statutory publication requirements do not exist within the territory of a governmental body, the bill allows the governmental body to satisfy statutory publication requirements by publishing the notice to the governmental body’s official internet site such that the notice is clearly identifiable and accessible. The bill strikes provisions allowing publication in certain alternative newspapers if a sufficient number of newspapers to meet statutory publication requirements do not exist within the territory of a governmental body.