Senate
File
546
-
Reprinted
SENATE
FILE
546
BY
COMMITTEE
ON
WAYS
AND
MEANS
(SUCCESSOR
TO
SF
480)
(SUCCESSOR
TO
SSB
1190)
(As
Amended
and
Passed
by
the
Senate
April
20,
2023
)
A
BILL
FOR
An
Act
relating
to
the
publication
of
certain
public
notices
1
by
designated
public
entities,
and
including
effective
date
2
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
75.2,
Code
2023,
is
amended
to
read
as
1
follows:
2
75.2
Notice
of
sale.
3
When
public
bonds
are
offered
for
sale,
the
official
in
4
charge
of
the
bond
issue
shall
,
by
advertisement
published
5
at
least
once,
the
last
one
of
which
shall
be
not
less
than
6
four
nor
more
than
twenty
days
before
the
sale
in
a
newspaper
7
located
in
the
county
or
a
county
contiguous
to
the
place
of
8
sale,
give
notice
of
the
time
and
place
of
sale
of
the
bonds,
9
the
amount
to
be
offered
for
sale,
and
any
further
information
10
which
the
official
deems
pertinent
by
publishing
the
time
and
11
place
of
sale
of
the
bonds,
the
amount
to
be
offered
for
sale,
12
and
any
additional
information
the
official
deems
pertinent
13
to
the
bond
issue
not
less
than
four
nor
more
than
twenty
14
days
before
the
sale
in
at
least
one
electronic
or
written
15
publication
with
nationwide
circulation
that
is
recognized
for
16
providing
information
regarding
the
sale
of
public
bonds
or
in
17
a
newspaper
located
in
the
county
or
a
county
contiguous
to
the
18
place
of
sale
.
19
Sec.
2.
Section
273.3,
subsection
12,
Code
2023,
is
amended
20
to
read
as
follows:
21
12.
Prepare
an
annual
budget
estimating
income
and
22
expenditures
for
programs
and
services
as
provided
in
sections
23
273.1
,
273.2
,
this
section
,
sections
273.4
through
273.8
,
and
24
chapter
256B
within
the
limits
of
funds
provided
under
section
25
256B.9
and
chapter
257
.
The
board
shall
post
notice
of
a
26
public
hearing
on
the
proposed
budget
on
the
area
education
27
agency’s
internet
site
and
by
publication
in
the
newspaper
of
28
general
circulation
in
the
territory
of
the
area
education
29
agency
in
which
the
principal
place
of
business
of
a
school
30
district
that
is
a
part
of
the
area
education
agency
is
located
31
or
in
the
manner
prescribed
in
section
279.36
.
The
notice
32
shall
specify
the
date,
which
shall
be
not
later
than
March
33
1
of
each
year,
the
time,
and
the
location
of
the
public
34
hearing.
The
proposed
budget
as
approved
by
the
board
shall
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then
be
submitted
to
the
state
board
of
education,
on
forms
1
provided
by
the
department,
no
later
than
March
15
preceding
2
the
next
fiscal
year
for
approval.
The
state
board
shall
3
review
the
proposed
budget
of
each
area
education
agency
and
4
shall
before
May
1,
either
grant
approval
or
return
the
budget
5
without
approval
with
comments
of
the
state
board
included.
An
6
unapproved
budget
shall
be
resubmitted
to
the
state
board
for
7
final
approval
not
later
than
May
15.
The
state
board
shall
8
give
final
approval
only
to
budgets
submitted
by
area
education
9
agencies
accredited
by
the
state
board
or
that
have
been
given
10
conditional
accreditation
by
the
state
board.
11
Sec.
3.
Section
279.6,
subsection
1,
paragraph
a,
Code
2023,
12
is
amended
to
read
as
follows:
13
a.
Except
as
provided
in
paragraph
“b”
and
subsection
2
,
14
vacancies
occurring
among
the
officers
or
members
of
a
school
15
board
shall
be
filled
by
the
board
by
appointment.
A
person
16
so
appointed
to
fill
a
vacancy
in
an
elective
office
shall
17
hold
office
until
a
successor
is
elected
and
qualified
at
the
18
next
regular
school
election,
unless
there
is
an
intervening
19
special
election
for
the
school
district,
in
which
event
a
20
successor
shall
be
elected
at
the
intervening
special
election,
21
in
accordance
with
section
69.12
.
To
fill
a
vacancy
occurring
22
among
the
members
of
a
school
board,
the
board
shall
publish
23
notice
either
on
the
board’s
internet
site
or
in
the
manner
24
prescribed
by
section
279.36
,
stating
that
the
board
intends
to
25
fill
the
vacancy
by
appointment
but
that
the
electors
of
the
26
school
district
have
the
right
to
file
a
petition
requiring
27
that
the
vacancy
be
filled
by
a
special
election
conducted
28
pursuant
to
section
279.7
.
The
board
may
publish
notice
in
29
advance
if
a
member
of
the
board
submits
a
resignation
to
take
30
effect
at
a
future
date.
The
board
may
make
an
appointment
to
31
fill
the
vacancy
after
the
notice
is
published
or
after
the
32
vacancy
occurs,
whichever
is
later.
33
Sec.
4.
Section
279.6,
subsection
1,
paragraph
b,
34
subparagraphs
(1)
and
(2),
Code
2023,
are
amended
to
read
as
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follows:
1
(1)
If
within
fourteen
days
after
publication
of
a
providing
2
notice
required
pursuant
to
paragraph
“a”
for
a
vacancy
that
3
occurs
more
than
one
hundred
eighty
days
before
the
next
4
regular
school
election,
or
after
the
filing
period
closes
5
pursuant
to
section
277.4,
subsection
1
,
for
the
next
regular
6
school
election,
there
is
filed
with
the
secretary
of
the
7
school
board
a
petition
requesting
a
special
election
to
fill
8
the
vacancy,
an
appointment
to
fill
the
vacancy
is
temporary
9
until
a
successor
is
elected
and
qualified,
and
the
board
shall
10
call
a
special
election
pursuant
to
section
279.7
,
to
fill
the
11
vacancy
for
the
remaining
balance
of
the
unexpired
term.
12
(2)
If
within
fourteen
days
after
publication
of
a
providing
13
notice
required
pursuant
to
paragraph
“a”
for
a
vacancy
that
14
occurs
one
hundred
eighty
days
or
less
but
more
than
forty
days
15
before
the
next
regular
school
election
there
is
filed
with
the
16
secretary
of
the
school
board
a
petition
requesting
to
fill
17
the
vacancy
by
election,
an
appointment
to
fill
the
vacancy
is
18
temporary
until
a
successor
is
elected
and
qualified,
and
the
19
school
board
shall
require
that
the
remaining
balance
of
the
20
unexpired
term
be
filled
at
the
next
regular
school
election.
21
Sec.
5.
Section
618.1,
Code
2023,
is
amended
to
read
as
22
follows:
23
618.1
Publications
in
English
Publication
requirements
.
24
1.
All
notices,
proceedings,
and
other
matter
whatsoever,
25
required
by
law
or
ordinance
to
be
published
in
a
newspaper,
26
shall
be
published
only
in
the
English
language
and
in
official
27
newspapers
published
primarily
in
the
English
language.
28
2.
a.
All
publications
made
in
an
official
newspaper
at
the
29
rates
contained
in
section
618.11
shall
also
be
posted
by
the
30
official
newspaper
to
the
official
newspaper’s
internet
site
31
within
forty-eight
hours
of
receipt
from
the
public
posting
32
entity,
independent
of
the
publication
schedule
of
the
official
33
newspaper’s
printed
version
and
not
subject
to
any
paywall
or
34
subscription.
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b.
A
public
posting
entity’s
statutory
notice
requirement
1
is
satisfied
as
soon
as
a
statutorily
required
public
notice
2
is
posted
pursuant
to
this
subsection
regardless
of
whether
3
the
statutorily
required
public
notice
has
been
printed
in
the
4
official
newspaper’s
printed
version.
5
3.
If
no
official
newspaper
exists
in
a
public
posting
6
entity’s
jurisdiction,
the
public
posting
entity
satisfies
the
7
requirements
of
this
chapter
by
posting
a
statutorily
required
8
public
notice
to
the
public
posting
entity’s
official
internet
9
site
or
the
relevant
county’s
official
internet
site,
and
as
10
provided
in
section
4.
11
4.
A
public
posting
entity
shall
also
post
a
physical
12
copy
of
a
required
public
notice
on
a
bulletin
board
or
other
13
prominent
place
which
is
easily
accessible
to
the
public
and
14
clearly
designated
for
that
purpose
at
the
principal
office
of
15
the
public
posting
entity,
or
if
no
such
office
exists,
at
the
16
building
in
which
a
meeting
is
to
be
held,
if
applicable.
17
5.
An
official
newspaper
shall
cross
reference
and
18
publicize
between
the
official
newspaper’s
printed
version
and
19
the
official
newspaper’s
internet
site.
20
6.
A
print-only
newspaper
shall
cross
reference
and
21
publicize
between
the
print-only
newspaper’s
official
22
newspaper’s
printed
version
and
the
consolidated
official
23
newspaper
internet
site
for
statutorily
required
public
notices
24
utilized
to
satisfy
section
618.3(6).
25
7.
Nothing
in
this
chapter
modifies
the
duty
of
a
public
26
posting
entity
to
make
public
use
copies
of
required
notices
27
available
to
the
public
as
otherwise
required
by
law.
28
8.
Nothing
in
this
chapter
modifies
a
public
posting
29
entity’s
requirement
to
keep
a
record
of
statutorily
required
30
public
postings
if
another
section
requires
such
records
to
be
31
kept.
32
Sec.
6.
NEW
SECTION
.
618.1A
Definitions.
33
For
the
purposes
of
this
chapter,
unless
the
context
34
otherwise
requires:
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1.
“Consolidated
official
newspaper
internet
site
for
1
statutorily
required
public
notices”
means
an
internet
site
2
owned
and
operated
by
an
entity
the
membership
of
which
3
is
solely
comprised
of
official
newspapers
meeting
the
4
requirements
of
section
618.3
and
which
provides
access
to
5
statutorily
required
public
notices
not
subject
to
any
paywall
6
or
subscription
and
which
additionally
functions
such
that
7
members
of
the
public
may
search
for
specific
statutorily
8
required
public
notices
and
may
subscribe
to
receive
9
notifications
when
a
specific
public
posting
entity
posts
a
10
statutorily
required
public
notice.
11
2.
“Cross
reference
and
publicize”
means
providing
12
sufficient
information
such
that
a
reasonable
person
would
13
know
that
the
same
information
is
contained
in
two
or
more
14
locations.
15
3.
“Official
internet
site”
means
the
internet
site
used
16
by
a
public
posting
entity
to
conduct
or
communicate
official
17
business
and
information.
18
4.
“Official
newspaper”
means
a
newspaper
meeting
the
19
requirements
of
section
618.3.
20
5.
“Official
newspaper’s
internet
site
”
means
an
internet
21
site
owned
and
operated
by
an
official
newspaper
to
publish
an
22
electronic
version
of
the
official
newspaper.
23
6.
“Official
newspaper’s
printed
version”
means
the
physical
24
version
of
an
official
newspaper.
25
7.
“Paywall”
or
“subscription”
means
a
fee
charged
by
an
26
official
newspaper
to
members
of
the
public
to
receive
or
27
access
printed
or
electronic
publications
of
the
official
28
newspaper.
29
8.
“Print-only
newspaper”
means
a
newspaper
that
does
not
30
own
or
operate
an
official
newspaper
internet
site
to
publish
31
the
newspaper’s
printed
version.
32
9.
“Publication
schedule”
means
the
time
of
and
interval
33
between
the
publication
of
an
official
newspaper’s
printed
34
version.
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10.
“Public
posting
entity”
means
the
state
of
Iowa,
a
1
county,
a
city,
a
public
school
district,
a
private
agency
as
2
defined
in
section
28E.2,
a
public
agency
as
defined
in
section
3
28E.2,
or
any
other
public
entity
who
is
required
by
law
or
4
ordinance
to
post
a
public
notice.
5
11.
“Statutorily
required
public
notice”
means
a
notice
6
required
by
the
Iowa
Code
to
be
made
available
to
members
of
7
the
public.
8
Sec.
7.
Section
618.3,
subsection
3,
Code
2023,
is
amended
9
to
read
as
follows:
10
3.
Devotes
at
least
twenty-five
forty
percent
of
its
total
11
column
space
in
more
than
one-half
of
its
issues
during
any
12
twelve-month
period
to
information
of
a
public
character
other
13
than
advertising.
14
Sec.
8.
Section
618.3,
Code
2023,
is
amended
by
adding
the
15
following
new
subsections:
16
NEW
SUBSECTION
.
5.
Has
an
official
newspaper’s
internet
17
site
that
provides
public
access
to
statutorily
required
public
18
notices
that
are
to
be
published
in
the
official
newspaper’s
19
printed
version
independent
of
the
publication
schedule
of
20
the
official
newspaper’s
printed
version
and
not
subject
to
21
a
paywall
or
subscription.
A
print-only
newspaper
is
exempt
22
from
the
requirements
of
this
subsection
provided
that
the
23
print-only
newspaper
posts
statutorily
required
public
notices
24
received
from
public
posting
entities
to
a
consolidated
25
official
newspaper
internet
site
for
statutorily
required
26
public
notices.
27
Sec.
9.
EFFECTIVE
DATE.
This
Act
takes
effect
January
1,
28
2025.
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