Senate
File
2331
-
Reprinted
SENATE
FILE
2331
BY
COMMITTEE
ON
TECHNOLOGY
(SUCCESSOR
TO
SSB
3107)
(As
Amended
and
Passed
by
the
Senate
February
21,
2024
)
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
SF
2331
(3)
90
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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not
be
published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
shall
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.
32
Sec.
4.
NEW
SECTION
.
618.3B
No
official
newspaper
in
33
county.
34
If
no
newspaper
meeting
the
requirements
of
section
618.3
35
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S.F.
2331
is
published
in
a
county,
public
notice
requirements
are
1
satisfied
with
respect
to
government
bodies,
as
defined
in
2
section
22.1,
within
that
county
and
that
county
by
causing
a
3
notice
or
report
of
proceedings
to
be
posted
on
the
official
4
internet
site
of
the
county,
the
official
internet
site
of
the
5
government
body
required
to
publish
the
public
notice,
and
the
6
statewide
public
notice
internet
site
established
pursuant
to
7
section
618.3A
if
such
an
internet
site
exists.
8
Sec.
5.
Section
618.8,
Code
2024,
is
amended
by
striking
the
9
section
and
inserting
in
lieu
thereof
the
following:
10
618.8
Refusal
to
publish.
11
If
a
newspaper
refuses
to
publish
a
statutorily
required
12
public
notice,
a
government
body,
as
defined
in
section
22.1,
13
satisfies
public
notice
requirements
with
respect
to
that
14
public
notice
by
publishing
the
public
notice
on
the
official
15
internet
site
of
the
government
body
and
forwarding
the
notice
16
to
each
county
in
which
notice
is
required
to
be
given
to
17
any
person
and
to
the
statewide
public
notice
internet
site
18
established
pursuant
to
section
618.3A
if
such
an
internet
19
site
exists.
A
county
receiving
a
public
notice
pursuant
to
20
this
section
shall
publish
the
public
notice
on
the
county’s
21
internet
site
within
seventy-two
hours
of
receipt.
The
22
statewide
public
notice
internet
site
shall
publish
a
public
23
notice
forwarded
pursuant
to
this
section
within
seventy-two
24
hours
of
receipt.
25
Sec.
6.
Section
618.11,
Code
2024,
is
amended
to
read
as
26
follows:
27
618.11
Fees
for
publication
and
proof
of
publication
.
28
1.
The
compensation,
when
not
otherwise
fixed,
for
the
29
publication
in
a
newspaper
of
any
notice,
order,
citation,
or
30
other
publication
required
or
allowed
by
law
shall
be
at
a
31
rate
of
thirty-four
cents
for
one
insertion
and
twenty-three
32
cents
for
each
subsequent
insertion
for
each
line
of
eight
33
point
type
two
inches
in
length,
or
its
equivalent.
Beginning
34
June
1,
2001,
and
each
June
1
thereafter,
the
director
of
35
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2331
the
department
of
administrative
services
shall
calculate
a
1
new
rate
for
the
following
fiscal
year
as
prescribed
in
this
2
section
subsection
,
and
shall
publish
this
rate
as
a
notice
in
3
the
Iowa
administrative
bulletin
prior
to
the
first
day
of
the
4
following
calendar
month.
The
new
rate
shall
be
effective
on
5
the
first
day
of
the
calendar
month
following
its
publication.
6
The
rate
shall
be
calculated
by
applying
the
percentage
change
7
in
the
consumer
price
index
for
all
urban
consumers
for
the
8
last
available
twelve-month
period
published
in
the
federal
9
register
by
the
federal
department
of
labor,
bureau
of
labor
10
statistics,
to
the
existing
rate
as
an
increase
or
decrease
11
in
the
rate
rounded
to
the
nearest
one-tenth
of
a
cent.
The
12
calculation
and
publication
of
the
rate
by
the
director
of
the
13
department
of
administrative
services
shall
be
exempt
from
the
14
provisions
of
chapters
17A
and
25B
.
15
2.
A
newspaper
shall
not
charge
a
fee
to
a
government
body,
16
as
defined
in
section
22.1,
for
proof
of
publication
of
a
17
public
notice.
18
Sec.
7.
Section
618.18,
Code
2024,
is
amended
by
striking
19
the
section
and
inserting
in
lieu
thereof
the
following:
20
618.18
Timely
publication
required.
21
1.
A
newspaper
shall
publish
all
public
notices
and
reports
22
of
proceedings
that
are
required
by
law
to
be
published
by
a
23
certain
date
within
seventy-two
hours
of
receipt
unless
one
of
24
the
following
applies:
25
a.
The
newspaper
publishes
less
than
daily,
in
which
case
26
the
newspaper
shall
publish
the
public
notice
or
report
of
27
proceedings
within
forty-eight
hours
of
the
next
scheduled
28
publication
of
the
newspaper.
29
b.
The
government
body,
as
defined
in
section
22.1,
did
not
30
submit
the
public
notice
or
report
of
proceedings
in
a
typed
31
format.
32
2.
A
newspaper
that
receives
payment
to
publish
a
33
statutorily
required
public
notice
and
fails
to
timely
or
34
accurately
publish
the
public
notice
as
required
by
subsection
35
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S.F.
2331
1
shall
refund
all
moneys
received
to
publish
the
notice
to
the
1
government
body
that
paid
to
publish
the
notice.
2
3.
A
government
body,
as
defined
in
section
22.1,
satisfies
3
public
notice
requirements
with
respect
to
a
statutorily
4
required
public
notice
that
was
untimely
or
inaccurately
5
published
by
a
newspaper
if
the
government
body
timely
and
6
accurately
published
the
public
notice
on
the
official
internet
7
site
of
the
government
body
and
all
counties
in
which
notice
is
8
required
to
be
given
to
any
person.
9
Sec.
8.
NEW
SECTION
.
618.19
Disputes
——
resolution.
10
A
dispute
arising
between
a
government
body,
as
defined
in
11
section
22.1,
and
a
newspaper
regarding
the
publication
of
a
12
notice
or
report
of
proceedings
under
this
chapter
shall
be
13
heard
by
the
Iowa
public
information
board
created
pursuant
14
to
section
23.3
as
a
contested
case
proceeding
pursuant
to
15
chapter
17A.
The
Iowa
public
information
board
shall
award
the
16
prevailing
party
reasonable
costs
and
attorney
fees.
17
Sec.
9.
EFFECTIVE
DATE.
The
following,
being
deemed
of
18
immediate
importance,
take
effect
upon
enactment:
19
1.
The
section
of
this
Act
amending
section
372.13,
20
subsection
6.
21
2.
The
section
of
this
Act
amending
section
618.8.
22
3.
The
section
of
this
Act
amending
section
618.11.
23
4.
The
section
of
this
Act
amending
section
618.18.
24
5.
The
section
of
this
Act
enacting
section
618.3B.
25
Sec.
10.
EFFECTIVE
DATE.
The
following
take
effect
July
1,
26
2025:
27
1.
The
section
of
this
Act
amending
section
618.3.
28
2.
The
section
of
this
Act
enacting
section
618.3A.
29
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