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Senate File 480 - IntroducedA Bill ForAn Act 1relating to the publication of certain public notices
2by designated public entities, providing for fees, and
3including effective date provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 6B.2A, subsection 2, unnumbered
2paragraph 1, Code 2023, is amended to read as follows:
3The acquiring agency shall cause a notice to be published
4once in a newspaper of general circulation in the county or
5city where the agricultural land is located. The notice shall
6be published as provided in chapter 9J at least four but no
7more than twenty days before the public hearing is held as
8referred to in subsection 1. The published notice shall, at a
9minimum, include the following information:
10 Sec. 2. NEW SECTION. 9J.1 Definitions.
11For the purposes of this chapter, unless the context
12otherwise requires:
131. “Official internet site” means the internet site used
14by a public posting entity to conduct or communicate official
15business and information.
162. “Official social media account” means a social media
17account used by a public posting entity to conduct or
18communicate official business and information.
193. “Online portal” means the system established and
20maintained by the secretary of state pursuant to this chapter
21for public posting entities to post statutorily required public
22notices.
234. “Public posting entity” means the state of Iowa, a
24county, a city, a public school district, a private agency as
25defined in section 28E.2, or a public agency as defined in
26section 28E.2.
275. “Statutorily required public notice” means a notice
28required by the Iowa code to be made available to members of
29the public.
30 Sec. 3. NEW SECTION. 9J.2 Online portal — statutorily
31required public notices.
321. Notwithstanding any provision of law requiring public
33notice be provided through newspaper publication, publication
34on a specific internet site, or other similar publication
35location requirement, this chapter shall provide the sole
-1-1requirements for a public posting entity to satisfy public
2notice requirements.
32. The secretary of state or the secretary of state’s
4designee shall establish and maintain an online portal through
5which public posting entities shall post statutorily required
6public notices.
73. The online portal shall be searchable by all of the
8following categories:
9a. County.
10b. City.
11c. School district.
12d. Public notice type, including but not limited to meeting
13notices, meeting minutes, elections, abandoned property,
14proposed rulemaking, and proposed public project.
154. The secretary of state shall collect a fee of five
16dollars from a public posting entity for each notice posted by
17the public posting entity.
185. Moneys collected by the secretary of state pursuant to
19this section shall be deposited in the business administration
20fund created pursuant to section 9.13.
21 Sec. 4. NEW SECTION. 9J.3 Public posting entities —
22responsibilities.
231. Each statutorily required public notice posted pursuant
24to this chapter shall be posted on a timely basis as required
25by the law requiring the public notice and include all of the
26following:
27a. All information necessary to satisfy the statutory
28requirements of the specific public posting, including but not
29limited to the purpose, date, location, and time of a public
30meeting.
31b. Current contact information of the public posting entity,
32including a telephone number and email address, such that the
33public may contact the public posting entity regarding the
34public posting.
35c. Instructions for submitting public comments, if
-2-1applicable.
22. A public posting entity is solely responsible for the
3contents of its statutorily required public notice. Neither
4the secretary of state nor the secretary of state’s designee
5is responsible for the content of a public posting entity’s
6statutorily required public notice. This includes but is not
7limited to monitoring or verifying the accuracy of a public
8posting entity’s public notice.
93. A public posting entity shall remove a statutorily
10required public notice from the online portal within fourteen
11business days following the expiration of the statutorily
12required time the posting was required to be available to
13the public. Nothing in this section shall be construed to
14affect a posting entity’s requirements to keep a record of
15such statutorily required public postings if another section
16requires such records be kept.
174. Notwithstanding section 9J.2, a public posting entity
18shall post a physical copy of a statutorily required public
19notice on a bulletin board or other prominent place which is
20easily accessible to the public and clearly designated for that
21purpose at the principal office of the public posting entity,
22or if no such office exists, at the building in which the
23meeting is to be held.
245. Nothing in this chapter shall affect the duty of a
25public posting entity to make public use copies of statutorily
26required public notices available to the public as otherwise
27required by law.
286. A public posting entity shall, at least three times
29between the enactment and the effective date of this Act,
30publish a notice in a newspaper meeting the requirements of
31section 618.3, at the rates set in section 618.11, that the
32public posting entity will be required to post notices to the
33online portal as of the effective date of this Act. The notice
34shall include the internet address of the online portal and the
35effective date of this Act.
-3-1 Sec. 5. NEW SECTION. 9J.4 Permissive posting and
2publication.
31. A public posting entity that has satisfied the
4requirements of sections 9J.2 and 9J.3 may also post a
5statutorily required public notice on the official internet
6site or official social media account of the public posting
7entity.
82. A public posting entity that has satisfied the
9requirements of sections 9J.2 and 9J.3 may also post a
10statutorily required public notice in an official newspaper
11as provided in section 618.3 at the rates provided in section
12618.11.
13 Sec. 6. NEW SECTION. 9J.5 Exceptions.
14This chapter does not apply to any of the following:
151. The office of the governor.
162. The general assembly.
173. A notice regarding any of the following:
18a. A rulemaking document posted pursuant to section 2B.5A.
19b. The interstate physical therapy licensure compact posted
20pursuant to section 147C.1.
21c. The emergency medical services personnel licensure
22interstate compact posted pursuant to section 147D.1.
23d. The occupational therapy licensure compact posted
24pursuant to section 147E.1.
25e. The audiology and speech language pathology interstate
26compact posted pursuant to section 147F.1.
27f. The nurse and advanced practice registered nurse
28licensure compacts posted pursuant to section 152E.1.
29g. The interstate compact for juveniles posted pursuant to
30section 232.173.
31h. The vehicle equipment compacts posted pursuant to section
32321D.1.
334. Notice required to be posted pursuant to chapter 17A.
345. Notice required to be posted pursuant to the Constitution
35of the State of Iowa.
-4-1 Sec. 7. NEW SECTION. 9J.6 Rules.
2The secretary of state shall adopt rules pursuant to chapter
317A for the implementation of this chapter.
4 Sec. 8. Section 24.9, subsection 1, paragraph a, Code 2023,
5is amended to read as follows:
6a. Each municipality shall file with the secretary or clerk
7thereof the estimates required to be made in sections 24.3
8through 24.8, at least twenty days before the date fixed by
9law for certifying the same to the levying board and shall
10forthwith fix a date for a hearing on the estimates, and
11shall publish such estimates and any annual levies previously
12authorized as provided in section 76.2, with a notice of the
13time when and the place where such hearing shall be held not
14less than ten nor more than twenty days before the hearing.
15Provided that in municipalities of less than two hundred
16population such estimates and the notice of hearing shall
17be posted in three public places in the district in lieu of
18publication. For any other municipality such Such publication
19shall be in a newspaper published in the municipality, if any,
20if not, then in a newspaper of general circulation in the
21municipality as provided in chapter 9J.
22 Sec. 9. Section 26A.3, subsection 3, paragraph b, Code 2023,
23is amended to read as follows:
24b. The request for statements of qualifications shall be
25posted not less than thirteen and not more than forty-five days
26before the date for response in a relevant contractor plan room
27service with statewide circulation, in a relevant construction
28lead generating service with statewide circulation, and on an
29internet site sponsored by either a governmental entity or a
30statewide association that represents the governmental entity
31 as provided in chapter 9J. If circumstances beyond the control
32of the governmental entity require postponement and there are
33no changes to the project’s contract documents, a notice of
34the revised date shall be posted not less than four and not
35more than forty-five days before the revised date for answering
-5-1the request for proposals and statements of qualifications
2in a relevant contractor plan room service with statewide
3circulation, in a relevant construction lead generating service
4with statewide circulation, and on an internet site sponsored
5by either a government entity or a statewide association that
6represents the governmental entity as provided in chapter 9J.
7 Sec. 10. Section 26A.3, subsection 5, paragraph a,
8subparagraph (1), Code 2023, is amended to read as follows:
9(1) The construction manager-at-risk shall prepare a
10request for statements of qualifications. The request shall
11include general information on the project site, project
12scope, schedule, selection criteria, and the time and place
13for receipt of statements of qualifications. The construction
14manager-at-risk shall provide public notice of the request for
15statements of qualifications in a relevant contractor plan room
16service with statewide circulation, a relevant construction
17lead generating service with statewide circulation, and on an
18internet site sponsored by either a governmental entity or a
19statewide association that represents the governmental entity
20 as provided in chapter 9J. The request for statements of
21qualifications shall be posted not less than thirteen and not
22more than forty-five days before the date for response.
23 Sec. 11. Section 49.53, subsection 2, Code 2023, is amended
24to read as follows:
252. The notice shall be published in at least one newspaper,
26as defined in section 618.3, which is published in the county
27or other political subdivision in which the election is to
28occur or, if no newspaper is published there, in at least
29one newspaper of substantial circulation in the county or
30political subdivision. For the general election or the primary
31election the foregoing notice shall be published in at least
32two newspapers published in the county. However, if there is
33only one newspaper published in the county, publication in one
34newspaper shall be sufficient as provided in chapter 9J.
35 Sec. 12. Section 69.2, subsection 2, Code 2023, is amended
-6-1to read as follows:
22. If the status of an officeholder is in question, the
3entity or officer responsible for making an appointment to
4fill the vacancy shall decide whether a vacancy exists. The
5appointing entity or officer may act upon its own motion. If
6a petition signed by twenty-five registered voters of the
7jurisdiction is received, the appointing entity or officer
8shall convene within thirty days to consider whether a vacancy
9exists. The appointing entity or officer shall publish notice
10as provided in chapter 9J that a public hearing will be held to
11determine whether a vacancy exists. The notice shall include
12the time and place of the hearing and the name of the office
13and the officeholder whose status is in question. The public
14hearing shall be held not less than four nor more than fourteen
15days after publication of the notice. The officer whose status
16is in question shall be notified of the time and place of the
17hearing. Notice shall be sent by certified mail and must be
18postmarked at least fourteen days before the hearing. No later
19than seven days after the public hearing, the appointing entity
20or officer shall publish its decision. If the appointing
21entity or officer decides that the office is vacant, the
22publication shall state the date the vacancy occurred and what
23action will be taken to fill the vacancy.
24 Sec. 13. Section 256.11, subsection 16, paragraph c, Code
252023, is amended to read as follows:
26c. If the state board takes preliminary action to remove
27an agency from the approved list published on the department’s
28internet site pursuant to paragraph “a”, the department
29shall, at least one year prior to removing the agency from
30the approved list, notify the nonpublic schools participating
31in the accreditation process offered by the agency of the
32state board’s intent to remove the accrediting agency from its
33approved list of independent accrediting agencies. The notice
34shall also be posted on the department’s internet site as
35provided in chapter 9J and shall contain the proposed date of
-7-1removal. The nonpublic school shall attain accreditation under
2this subsection or subsections 1 through 12 not later than one
3year following the date on which the state board removes the
4agency from its list of independent accrediting agencies.
5 Sec. 14. Section 260C.14, subsection 12, Code 2023, is
6amended to read as follows:
712. During the second week of August of each year, publish
8by one insertion in at least one newspaper published in the
9merged area as provided in chapter 9J a summarized statement
10verified by affidavit of the secretary of the board showing
11the receipts and disbursements of all funds of the community
12college for the preceding fiscal year. The statement of
13disbursements shall show the names of the persons, firms,
14or corporations, and the total amount paid to each during
15the fiscal year. The board is not required to make the
16publications and notices required under sections 279.35 and
17279.36.
18 Sec. 15. Section 279.36, Code 2023, is amended to read as
19follows:
20279.36 Publication procedures and fee.
211. The requirements of section 279.35 are satisfied by
22publication in at least one newspaper published in the district
23or, if there is none, in at least one newspaper having general
24circulation within the district as provided in chapter 9J.
252. For the fiscal year beginning July 1, 1989, and each
26fiscal year thereafter, the fee for the publications shall be
27the legal publication fee provided by section 618.11.
28 Sec. 16. Section 321.89, subsection 3, paragraph g, Code
292023, is amended to read as follows:
30g. If it is impossible to determine with reasonable
31certainty the identities and addresses of the last registered
32owner and all lienholders, notice by one publication in
33one newspaper of general circulation in the area where the
34vehicle was abandoned as provided in chapter 9J shall be
35sufficient to meet all requirements of notice under this
-8-1section. The published notice may contain multiple listings of
2abandoned vehicles but shall be published within the same time
3requirements and contain the same information as prescribed for
4mailed notice in this subsection.
5 Sec. 17. Section 331.302, subsection 8, Code 2023, is
6amended to read as follows:
78. A resolution becomes effective upon passage and an
8ordinance or amendment becomes a law when a summary of the
9ordinance or the complete text of the ordinance is published
10as provided in chapter 9J, unless a subsequent effective date
11is provided within the measure. As used in this subsection,
12“summary” shall mean a narrative description of the terms and
13conditions of an ordinance setting forth the main points of
14the ordinance in a manner calculated to inform the public in a
15clear and understandable manner the meaning of the ordinance
16and which shall provide the public with sufficient notice to
17conform to the desired conduct required by the ordinance.
18The description shall include the title of the ordinance,
19an accurate and intelligible abstract or synopsis of the
20essential elements of the ordinance, a statement that the
21description is a summary, the location and the normal business
22hours of the office where the ordinance may be inspected, when
23the ordinance becomes effective, and the full text of any
24provisions imposing fines, penalties, forfeitures, fees, or
25taxes. Legal descriptions of property set forth in ordinances
26shall be described in full, provided that maps or charts may be
27substituted for legal descriptions when they contain sufficient
28detail to clearly define the area with which the ordinance is
29concerned. The narrative description shall be written in a
30clear and coherent manner and shall, to the extent possible,
31avoid the use of technical or legal terms not generally
32familiar to the public. When necessary to use technical or
33legal terms not generally familiar to the public, the narrative
34description shall include definitions of those terms.
35 Sec. 18. Section 331.305, subsection 1, Code 2023, is
-9-1amended to read as follows:
21. Unless otherwise provided by state law, if notice of an
3election, hearing, or other official action is required by this
4chapter, the board shall publish the notice at least once, not
5less than four nor more than twenty days before the date of the
6election, hearing, or other action, in one or more newspapers
7which meet the requirements of section 618.14 as provided in
8chapter 9J. Notice of an election shall also comply with
9section 49.53.
10 Sec. 19. Section 331.434, subsections 3 and 6, Code 2023,
11are amended to read as follows:
123. Following, and not until, adoption of the resolution
13under section 331.433A, the board shall set a time and
14place for a public hearing on the budget before the final
15certification date and shall publish notice of the hearing
16not less than ten nor more than twenty days prior to the
17hearing in the county newspapers selected under chapter 349
18 as provided in chapter 9J. A summary of the proposed budget
19and a description of the procedure for protesting the county
20budget under section 331.436, in the form prescribed by the
21director of the department of management, shall be included
22in the notice. Proof of publication of the notice under this
23subsection 3 and a copy of the resolution adopted under section
24331.433A shall be filed with and preserved by the auditor. A
25levy is not valid unless and until the notice is published and
26the notice and resolution adopted under section 331.433A are
27filed. The department of management shall prescribe the form
28for the public hearing notice for use by counties.
296. The board shall appropriate, by resolution, the amounts
30deemed necessary for each of the different county officers
31and departments during the ensuing fiscal year. Increases
32or decreases in these appropriations do not require a budget
33amendment, but may be provided by resolution at a regular
34meeting of the board, as long as each class of proposed
35expenditures contained in the budget summary published under
-10-1subsection 3 of this section is not increased. However,
2decreases in appropriations for a county officer or department
3of more than ten percent or five thousand dollars, whichever
4is greater, shall not be effective unless the board sets a
5time and place for a public hearing on the proposed decrease
6and publishes notice of the hearing not less than ten nor more
7than twenty days prior to the hearing in the county newspapers
8selected under chapter 349 as provided in chapter 9J.
9 Sec. 20. Section 346.27, subsection 10, paragraph b, Code
102023, is amended to read as follows:
11b. In addition to the notice required by section 49.53, a
12notice of the election shall be published once each week for at
13least two weeks in some newspaper published in the county as
14provided in chapter 9J stating the date of the election, the
15hours the polls will be open, and a copy of the question. The
16authority shall call this election with the concurrence of both
17incorporating units. The election shall be conducted by the
18commissioner in accordance with the provisions of chapters 49
19and 50.
20 Sec. 21. Section 349.16, unnumbered paragraph 1, Code 2023,
21is amended to read as follows:
22There shall be published as provided in chapter 9J and in
23each of the official newspapers at the expense of the county
24during the ensuing year:
25 Sec. 22. Section 349.18, subsection 3, paragraph b, Code
262023, is amended to read as follows:
27b. In addition to the requirements in paragraph “a”, if a
28county operates an internet site, the county auditor shall post
29the full text of all resolutions adopted by the board on the
30internet site as provided in chapter 9J. Any posted summary or
31text of a full resolution shall include links directing readers
32to information relevant to the content of the resolution.
33 Sec. 23. Section 358.40, subsections 3 and 4, Code 2023, are
34amended to read as follows:
353. The board shall examine the petition at its next meeting
-11-1after its filing or within twenty days of the filing, whichever
2date is earlier. Within ten days of the meeting, the board
3shall publish notice of the petition and the date, time, and
4place of the meeting at which time the board proposes to take
5action on the petition. The notice shall be published in a
6newspaper of general circulation published in the district
7and, if no newspaper is published within the district, in a
8newspaper published in the county in which the major part of
9the district is located as provided in chapter 9J. At the
10board’s meeting, or subsequent meetings as necessary, if the
11petition is found to comply with the requirements of this
12section and the board of trustees consents by majority vote,
13the board of supervisors may provide for payment as requested
14or modify the method of payment of costs and expenses.
154. If the board decides that dissolution is warranted for
16the best interest of the public, it shall publish a notice in a
17newspaper of general circulation published in the district or,
18if no newspaper is published in the district, in a newspaper
19published in the county in which the major part of the district
20is located as provided in chapter 9J and give notice by mail
21to all known claimants or creditors of the district that it
22will receive and adjudicate claims against the district for
23four months from the date the notice is published and shall
24levy an annual tax as necessary against all property in the
25district for the number of years required to pay all claims
26allowed. However, the annual tax levied under this subsection
27shall not exceed four dollars per thousand dollars of assessed
28valuation of the taxable property within the district at the
29time of dissolution. The levy shall be made in the same manner
30as provided in section 76.2. After the board makes a specific
31finding that all indebtedness, costs, and expenses have been
32paid or levies approved for their payment, the board shall
33dissolve the district by resolution entered upon its records.
34The dissolution order shall be noted by the auditor on the
35county records, showing the date when the dissolution became
-12-1effective.
2 Sec. 24. Section 359.52, subsection 1, paragraph a, Code
32023, is amended to read as follows:
4a. The board of trustees shall set forth its proposal in a
5resolution and shall publish notice of the resolution and of
6a date, time, and place of a public hearing on the proposal.
7The notice shall be published in a newspaper published at least
8once weekly and having general circulation in the township or
9in the largest city in the township as provided in chapter 9J.
10The notice shall be published no less than ten days and no more
11than twenty days before the hearing.
12 Sec. 25. Section 362.3, subsection 1, paragraph b, Code
132023, is amended to read as follows:
14b. A publication required by the city code must be in a
15newspaper published at least once weekly and having general
16circulation in the city. However, if the city has a population
17of two hundred or less, or in the case of ordinances and
18amendments to be published in a city in which no newspaper is
19published, a publication may be made by posting in three public
20places in the city which have been permanently designated by
21ordinance published as provided in chapter 9J.
22 Sec. 26. Section 362.3, subsection 2, Code 2023, is amended
23by striking the subsection.
24 Sec. 27. Section 364.2, subsection 4, paragraph c, Code
252023, is amended to read as follows:
26c. Notice of the election shall be given by publication
27as prescribed in section 49.53 in a newspaper of general
28circulation in the city and chapter 9J.
29 Sec. 28. Section 368.7, subsection 1, paragraph d, Code
302023, is amended to read as follows:
31d. The city shall provide for a public hearing on the
32application before approving or denying it. The city shall
33provide written notice at least fourteen business days prior
34to any action by the city council regarding the application,
35including a public hearing, by regular mail to the chairperson
-13-1of the board of supervisors of each county which contains a
2portion of the territory proposed to be annexed, each public
3utility which serves the territory proposed to be annexed,
4each owner of property located within the territory to be
5annexed who is not a party to the application, and each owner
6of property that adjoins the territory to be annexed unless
7the adjoining property is in a city. The city shall publish
8notice of the application and public hearing on the application
9in an official county newspaper in each county which contains
10a portion of the territory proposed to be annexed as provided
11in chapter 9J. Both the written and published notice shall
12include the time and place of the public hearing and a legal
13description of the territory to be annexed. The city shall
14not assess the costs of providing notice as required in this
15section to the applicants. The city council shall approve or
16deny the application by resolution of the council.
17 Sec. 29. Section 368.7, subsections 2 and 3, Code 2023, are
18amended to read as follows:
192. An application for annexation of territory not within
20an urbanized area of a city other than the city to which the
21annexation is directed must be approved by resolution of the
22council which receives the application. The city council shall
23mail a copy of the application by certified mail to the board
24of supervisors of each county which contains a portion of the
25territory at least fourteen business days prior to any action
26taken by the city council on the application. The council
27shall also publish notice of the application in an official
28county newspaper in each county which contains a portion of
29the territory as provided in chapter 9J at least fourteen days
30prior to any action taken by the council on the application.
31Upon receiving approval of the council, the city clerk shall
32file a copy of the resolution, map, and legal description of
33the territory involved with the secretary of state, the county
34board of supervisors of each county which contains a portion
35of the territory, each affected public utility, and the state
-14-1department of transportation. The city clerk shall also record
2a copy of the legal description, map, and resolution with the
3county recorder of each county which contains a portion of
4the territory. The secretary of state shall not accept and
5acknowledge a copy of a legal description, map, and resolution
6of annexation which would create an island. The annexation is
7completed upon acknowledgment by the secretary of state that
8the secretary of state has received the legal description, map,
9and resolution.
103. An application for annexation of territory within an
11urbanized area of a city other than the city to which the
12annexation is directed must be approved both by resolution of
13the council which receives the application and by the board.
14The board shall not approve an application which creates an
15island. Notice of the application shall be mailed by certified
16mail, by the city to which the annexation is directed, at least
17fourteen business days prior to any action by the city council
18on the application to the council of each city whose boundary
19adjoins the territory or is within two miles of the territory,
20to the board of supervisors of each county which contains a
21portion of the territory, each affected public utility, and
22to the regional planning authority of the territory. Notice
23of the application shall be published in an official county
24newspaper in each county which contains a portion of the
25territory as provided in chapter 9J at least ten business days
26prior to any action by the city council on the application.
27The annexation is completed when the board has filed and
28recorded copies of applicable portions of the proceedings as
29required by section 368.20, subsection 1, paragraph “b”.
30 Sec. 30. Section 384.15A, subsection 4, paragraph a,
31unnumbered paragraph 1, Code 2023, is amended to read as
32follows:
33The council shall set a time and place for a public
34hearing on the resolution before the date for adoption of the
35resolution and shall publish notice of the hearing not less
-15-1than ten nor more than twenty days prior to the hearing in a
2newspaper published at least once weekly and having general
3circulation in the city. However, if the city has a population
4of two hundred or less, publication may be made by posting in
5three public places in the city as provided in chapter 9J.
6If the city has an internet site, the notice shall may also
7be posted and clearly identified on the city’s internet site
8for public viewing beginning on the date of the newspaper
9publication or public posting, as applicable. Additionally, if
10the city maintains a social media account on one or more social
11media applications, the public hearing notice or an electronic
12link to the public hearing notice shall may be posted on each
13such account on the same day as the publication of the notice.
14All of the following shall be included in the notice:
15 Sec. 31. Section 384.16, subsection 3, Code 2023, is amended
16to read as follows:
173. Following, and not until, adoption of the resolution
18under section 384.15A, the council shall set a time and place
19for public hearing on the budget before the final certification
20date and shall publish notice of the hearing not less than ten
21nor more than twenty days before the hearing in a newspaper
22published at least once weekly and having general circulation
23in the city. However, if the city has a population of two
24hundred or less, publication may be made by posting in three
25public places in the city as provided in chapter 9J. A summary
26of the proposed budget and a description of the procedure for
27protesting the city budget under section 384.19, in the form
28prescribed by the director of the department of management,
29shall be included in the notice. Proof of publication of the
30notice under this subsection 3 and a copy of the resolution
31adopted under section 384.15A must be filed with the county
32auditor. The department of management shall prescribe the form
33for the public hearing notice for use by cities.
34 Sec. 32. Section 419.9, Code 2023, is amended to read as
35follows:
-16- 1419.9 Public hearing.
2Prior to the issuance of any bonds under authority of this
3chapter, the municipality shall conduct a public hearing on the
4proposal to issue said bonds. Notice of intention to issue the
5bonds, specifying the amount and purpose thereof and the time
6and place of hearing, shall be published at least once not less
7than fifteen days prior to the date fixed for the hearing in
8a newspaper published and having a general circulation within
9the municipality. If there is no newspaper published therein,
10the notice shall be published in a newspaper published in the
11county and having a general circulation in the municipality
12 as provided in chapter 9J. At the time and place fixed for
13the public hearing the governing body of the municipality
14shall give all local residents who appear at the hearing an
15opportunity to express their views for or against the proposal
16to issue the bonds and at the hearing, or any adjournment
17thereof, shall adopt a resolution determining whether or not to
18proceed with the issuance of the bonds.
19 Sec. 33. Section 423F.3, subsection 3, paragraph d, Code
202023, is amended to read as follows:
21d. The board secretary shall notify the county commissioner
22of elections of the intent to take an issue to the voters
23pursuant to paragraph “b” or “c”. The county commissioner
24of elections shall publish the notices required by law for
25special or general elections as provided in chapter 9J, and the
26election shall be held on a date specified in section 39.2,
27subsection 4, paragraph “c”. A majority of those voting on the
28question must favor approval of the revenue purpose statement.
29If the proposal is not approved, the school district shall
30not submit the same or new revenue purpose statement to the
31electors for a period of six months from the date of the
32previous election.
33 Sec. 34. Section 423F.3, subsection 7, paragraph a, Code
342023, is amended to read as follows:
35a. Prior to approving the use of revenues received under
-17-1this chapter for an athletic facility infrastructure project
2within the scope of the school district’s approved revenue
3purpose statement or pursuant to subsection 4 for a school
4district without an approved revenue statement, the board of
5directors shall adopt a resolution setting forth the proposal
6for the athletic facility infrastructure project and hold an
7additional public hearing on the issue of construction of the
8athletic facility. Notice of the time and place of the public
9hearing shall be published not less than ten nor more than
10twenty days before the public hearing in a newspaper which is
11a newspaper of general circulation in the school district as
12provided in chapter 9J. If at any time prior to the fifteenth
13day following the hearing, the secretary of the board of
14directors receives a petition containing the required number
15of signatures and asking that the question of the approval of
16the use of revenues for the athletic facility infrastructure
17project be submitted to the voters of the school district,
18the board of directors shall either rescind the board’s
19resolution for the use of revenues for the athletic facility
20infrastructure project or direct the county commissioner of
21elections to submit the question to the registered voters of
22the school district at an election held on a date specified
23in section 39.2, subsection 4, paragraph “c”. The petition
24must be signed by eligible electors equal in number to not less
25than one hundred or thirty percent of the number of voters
26at the last preceding election of school officials under
27section 277.1, whichever is greater. If a majority of those
28voting on the question favors the use of the revenues for the
29athletic facility infrastructure project, the board shall be
30authorized to approve such use by resolution of the board. If
31a majority of those voting on the question does not favor the
32use of the revenues for the athletic facility infrastructure
33project, the board of directors shall rescind the board’s
34resolution for the use of revenues for the athletic facility
35infrastructure project. If a petition is not received by the
-18-1board of directors within the prescribed time period, the board
2of directors may approve the use of revenues for the athletic
3facility infrastructure project without voter approval.
4 Sec. 35. Section 455B.305A, subsection 1, paragraph b, Code
52023, is amended to read as follows:
6b. Prior to the siting of a proposed new sanitary landfill
7or incinerator by a private agency disposing of waste which
8the agency generates on property owned by the agency which is
9located outside of the city limits and for which no county
10zoning ordinance exists, the private agency shall cause written
11notice of the proposal, including the nature of the proposed
12facility, and the right of the owner to submit a petition for
13formal siting of the proposed site, to be served either in
14person or by mail on the owners and residents of all property
15within two miles in each direction of the proposed local site
16area. The owners shall be identified based upon the authentic
17tax records of the county in which the proposed site is to be
18located. The private agency shall notify the county board of
19supervisors which governs the county in which the site is to
20be located of the proposed siting, and certify that notices
21have been mailed to owners and residents of the impacted area.
22Written notice shall be published in the official newspaper,
23as selected by the county board of supervisors pursuant to
24section 349.1, of the county in which the site is located as
25provided in chapter 9J. The notice shall state the name and
26address of the applicant, the location of the proposed site,
27the nature and size of the development, the nature of the
28activity proposed, the probable life of the proposed activity,
29and a description of the right of persons to comment on the
30request. If two hundred fifty or a minimum of twenty percent,
31whichever is less, of the owners and residents of property
32notified submit a petition for formal review to the county
33board of supervisors or if the county board of supervisors, on
34the board’s own motion, requires formal review of the proposed
35siting, the private agency proposal is subject to the formal
-19-1siting procedures established pursuant to this section.
2 Sec. 36. Section 455B.305A, subsection 3, paragraph b, Code
32023, is amended to read as follows:
4b. Written notice shall be published in the official
5newspaper of the county in which the site is located as
6provided in chapter 9J. The notice shall state the name and
7address of the applicant, the location of the proposed site,
8the nature and size of the development, the nature of the
9activity proposed, the probable life of the proposed activity,
10the date when the request for site approval will be submitted,
11and a description of the right of persons to comment on the
12request.
13 Sec. 37. Section 455B.305A, subsection 5, Code 2023, is
14amended to read as follows:
155. At least one public hearing shall be held by the city
16council or county board of supervisors no sooner than ninety
17days but no later than one hundred twenty days from receipt of
18the request for siting approval. A hearing shall be preceded
19by published notice in an official newspaper of the county of
20the proposed site, including in any official newspaper located
21in the city of the proposed site as provided in chapter 9J.
22 Sec. 38. Section 459.304, subsection 2, paragraph a,
23subparagraph (1), Code 2023, is amended to read as follows:
24(1) The board shall publish a notice that the board has
25received the application in a newspaper having a general
26circulation in the county as provided in chapter 9J.
27 Sec. 39. Section 465C.11, subsection 3, Code 2023, is
28amended to read as follows:
293. Before the board shall make a finding of imperative and
30unavoidable public necessity, or shall enter into any amendment
31to articles of dedication, the board shall provide notice of
32such proposal and opportunity for any person to be heard. Such
33notice shall be published at least once in a newspaper with a
34general circulation in the county or counties wherein the area
35directly affected is situated as provided in chapter 9J, and
-20-1mailed within ten days of such published notice to all persons
2who have requested notice of all such proposed actions. Each
3notice shall set forth the substance of the proposed action and
4describe, with or without legal description, the area affected,
5and shall set forth a place and time not less than sixty days
6thence for all persons desiring to be heard to have reasonable
7opportunity to be heard prior to the finding of the board.
8 Sec. 40. Section 533.320, subsection 4, paragraph b, Code
92023, is amended to read as follows:
10b. The sale shall be held at the time and place specified
11in a notice published prior to the sale once each week for
12two successive weeks in a newspaper of general circulation
13published in the city or unincorporated area in which the state
14credit union has its principal place of business, or if there
15is none, a newspaper of general circulation published in the
16county, or in a county adjoining the county, in which the state
17credit union has its principal place of business as provided
18in chapter 9J.
19 Sec. 41. Section 556.12, subsection 1, Code 2023, is amended
20to read as follows:
211. If a report has been filed with the treasurer of state,
22or property has been paid or delivered to the treasurer of
23state, for the fiscal year ending on June 30 or, in the case of
24unclaimed demutualization proceeds, for the preceding calendar
25year as required by section 556.11, the treasurer of state
26shall provide for the publication annually of at least one
27notice not later than the following November 30. Each notice
28shall be published at least once each week for two successive
29weeks in an English language newspaper of general circulation
30in the county in this state in which is located the last known
31address of any person to be named in the notice. If an address
32is not listed or if the address is outside this state, the
33notice shall be published in the county in which the holder
34of the abandoned property has its principal place of business
35within this state as provided in chapter 9J.
-21-1 Sec. 42. EFFECTIVE DATE. This Act takes effect July 1,
22024, except that the secretary of state may adopt rules for
3the implementation of this Act prior to that date.
4EXPLANATION
5The inclusion of this explanation does not constitute agreement with
6the explanation’s substance by the members of the general assembly.
7This bill relates to the posting of public notices. The bill
8requires the secretary of state or the secretary of state’s
9designee to create an online portal on which a public posting
10entity, defined in the bill to include the state of Iowa, an
11Iowa county, an Iowa city, an Iowa public school district, or
12an Iowa private or public agency as defined in Code chapter
1328E (joint exercise of governmental powers), must post all
14statutorily required public notices, defined in the bill.
15The online portal shall be searchable based on county, city,
16school district, and type of public notice. The bill requires
17the secretary of state to collect a fee of $5 from a public
18posting entity for each notice posted by the entity and to
19deposit moneys collected pursuant to the bill in the business
20administration fund.
21The bill requires a statutorily required public notice
22posted to the online portal to be timely made, include
23statutorily required information, contact information for
24the entity posting the notice, and instructions for making
25public comments, if applicable. A public posting entity is
26solely responsible for the contents of a notice posted by the
27entity, and neither the secretary of state nor the secretary
28of state’s designee shall be responsible for the content of
29public notices. The bill requires a public posting entity to
30remove a statutorily required public notice from the online
31portal within 14 days of the expiration of the required posting
32time. The bill does not change a public posting entity’s
33responsibility to keep record of a posting or make public use
34copies of a posting available if otherwise required. The bill
35also requires a public posting entity to post a physical copy
-22-1of a statutorily required public notice in a prominent place
2that is easily accessible to the public and clearly designated
3for that purpose at the principal office of the public posting
4entity, or if no such office exists, at the building in which
5the meeting is to be held. The bill allows a public posting
6entity to also post a statutorily required public notice on
7the official internet site or official social media account of
8the public posting entity or in an official newspaper. The
9bill requires a public posting entity to publish a notice in
10a newspaper at least three times between the enactment and
11effective date of the bill that the public posting entity will
12be required to post notices to the online portal, the internet
13address for which will be included in the notice.
14The bill does not apply to the office of the governor
15or the general assembly. The bill also exempts notices
16posted pursuant to Code section 2B.5A (Iowa administrative
17bulletin and Iowa administrative code), Code sections enacting
18interstate compacts, Code chapter 17A (Iowa administrative
19procedure Act), or the Iowa Constitution from the requirements
20of the bill.
21The bill amends sections throughout the Code that require
22the publication of public notice to require that the notice
23be posted consistent with the requirements of the bill. The
24bill takes effect July 1, 2024, except that the secretary of
25state may adopt rules for the implementation of the bill prior
26to that date.
-23-ss/rn
2by designated public entities, providing for fees, and
3including effective date provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 6B.2A, subsection 2, unnumbered
2paragraph 1, Code 2023, is amended to read as follows:
3The acquiring agency shall cause a notice to be published
4once in a newspaper of general circulation in the county or
5city where the agricultural land is located. The notice shall
6be published as provided in chapter 9J at least four but no
7more than twenty days before the public hearing is held as
8referred to in subsection 1. The published notice shall, at a
9minimum, include the following information:
10 Sec. 2. NEW SECTION. 9J.1 Definitions.
11For the purposes of this chapter, unless the context
12otherwise requires:
131. “Official internet site” means the internet site used
14by a public posting entity to conduct or communicate official
15business and information.
162. “Official social media account” means a social media
17account used by a public posting entity to conduct or
18communicate official business and information.
193. “Online portal” means the system established and
20maintained by the secretary of state pursuant to this chapter
21for public posting entities to post statutorily required public
22notices.
234. “Public posting entity” means the state of Iowa, a
24county, a city, a public school district, a private agency as
25defined in section 28E.2, or a public agency as defined in
26section 28E.2.
275. “Statutorily required public notice” means a notice
28required by the Iowa code to be made available to members of
29the public.
30 Sec. 3. NEW SECTION. 9J.2 Online portal — statutorily
31required public notices.
321. Notwithstanding any provision of law requiring public
33notice be provided through newspaper publication, publication
34on a specific internet site, or other similar publication
35location requirement, this chapter shall provide the sole
-1-1requirements for a public posting entity to satisfy public
2notice requirements.
32. The secretary of state or the secretary of state’s
4designee shall establish and maintain an online portal through
5which public posting entities shall post statutorily required
6public notices.
73. The online portal shall be searchable by all of the
8following categories:
9a. County.
10b. City.
11c. School district.
12d. Public notice type, including but not limited to meeting
13notices, meeting minutes, elections, abandoned property,
14proposed rulemaking, and proposed public project.
154. The secretary of state shall collect a fee of five
16dollars from a public posting entity for each notice posted by
17the public posting entity.
185. Moneys collected by the secretary of state pursuant to
19this section shall be deposited in the business administration
20fund created pursuant to section 9.13.
21 Sec. 4. NEW SECTION. 9J.3 Public posting entities —
22responsibilities.
231. Each statutorily required public notice posted pursuant
24to this chapter shall be posted on a timely basis as required
25by the law requiring the public notice and include all of the
26following:
27a. All information necessary to satisfy the statutory
28requirements of the specific public posting, including but not
29limited to the purpose, date, location, and time of a public
30meeting.
31b. Current contact information of the public posting entity,
32including a telephone number and email address, such that the
33public may contact the public posting entity regarding the
34public posting.
35c. Instructions for submitting public comments, if
-2-1applicable.
22. A public posting entity is solely responsible for the
3contents of its statutorily required public notice. Neither
4the secretary of state nor the secretary of state’s designee
5is responsible for the content of a public posting entity’s
6statutorily required public notice. This includes but is not
7limited to monitoring or verifying the accuracy of a public
8posting entity’s public notice.
93. A public posting entity shall remove a statutorily
10required public notice from the online portal within fourteen
11business days following the expiration of the statutorily
12required time the posting was required to be available to
13the public. Nothing in this section shall be construed to
14affect a posting entity’s requirements to keep a record of
15such statutorily required public postings if another section
16requires such records be kept.
174. Notwithstanding section 9J.2, a public posting entity
18shall post a physical copy of a statutorily required public
19notice on a bulletin board or other prominent place which is
20easily accessible to the public and clearly designated for that
21purpose at the principal office of the public posting entity,
22or if no such office exists, at the building in which the
23meeting is to be held.
245. Nothing in this chapter shall affect the duty of a
25public posting entity to make public use copies of statutorily
26required public notices available to the public as otherwise
27required by law.
286. A public posting entity shall, at least three times
29between the enactment and the effective date of this Act,
30publish a notice in a newspaper meeting the requirements of
31section 618.3, at the rates set in section 618.11, that the
32public posting entity will be required to post notices to the
33online portal as of the effective date of this Act. The notice
34shall include the internet address of the online portal and the
35effective date of this Act.
-3-1 Sec. 5. NEW SECTION. 9J.4 Permissive posting and
2publication.
31. A public posting entity that has satisfied the
4requirements of sections 9J.2 and 9J.3 may also post a
5statutorily required public notice on the official internet
6site or official social media account of the public posting
7entity.
82. A public posting entity that has satisfied the
9requirements of sections 9J.2 and 9J.3 may also post a
10statutorily required public notice in an official newspaper
11as provided in section 618.3 at the rates provided in section
12618.11.
13 Sec. 6. NEW SECTION. 9J.5 Exceptions.
14This chapter does not apply to any of the following:
151. The office of the governor.
162. The general assembly.
173. A notice regarding any of the following:
18a. A rulemaking document posted pursuant to section 2B.5A.
19b. The interstate physical therapy licensure compact posted
20pursuant to section 147C.1.
21c. The emergency medical services personnel licensure
22interstate compact posted pursuant to section 147D.1.
23d. The occupational therapy licensure compact posted
24pursuant to section 147E.1.
25e. The audiology and speech language pathology interstate
26compact posted pursuant to section 147F.1.
27f. The nurse and advanced practice registered nurse
28licensure compacts posted pursuant to section 152E.1.
29g. The interstate compact for juveniles posted pursuant to
30section 232.173.
31h. The vehicle equipment compacts posted pursuant to section
32321D.1.
334. Notice required to be posted pursuant to chapter 17A.
345. Notice required to be posted pursuant to the Constitution
35of the State of Iowa.
-4-1 Sec. 7. NEW SECTION. 9J.6 Rules.
2The secretary of state shall adopt rules pursuant to chapter
317A for the implementation of this chapter.
4 Sec. 8. Section 24.9, subsection 1, paragraph a, Code 2023,
5is amended to read as follows:
6a. Each municipality shall file with the secretary or clerk
7thereof the estimates required to be made in sections 24.3
8through 24.8, at least twenty days before the date fixed by
9law for certifying the same to the levying board and shall
10forthwith fix a date for a hearing on the estimates, and
11shall publish such estimates and any annual levies previously
12authorized as provided in section 76.2, with a notice of the
13time when and the place where such hearing shall be held not
14less than ten nor more than twenty days before the hearing.
15Provided that in municipalities of less than two hundred
16population such estimates and the notice of hearing shall
17be posted in three public places in the district in lieu of
18publication. For any other municipality such Such publication
19shall be in a newspaper published in the municipality, if any,
20if not, then in a newspaper of general circulation in the
21municipality as provided in chapter 9J.
22 Sec. 9. Section 26A.3, subsection 3, paragraph b, Code 2023,
23is amended to read as follows:
24b. The request for statements of qualifications shall be
25posted not less than thirteen and not more than forty-five days
26before the date for response in a relevant contractor plan room
27service with statewide circulation, in a relevant construction
28lead generating service with statewide circulation, and on an
29internet site sponsored by either a governmental entity or a
30statewide association that represents the governmental entity
31 as provided in chapter 9J. If circumstances beyond the control
32of the governmental entity require postponement and there are
33no changes to the project’s contract documents, a notice of
34the revised date shall be posted not less than four and not
35more than forty-five days before the revised date for answering
-5-1the request for proposals and statements of qualifications
2in a relevant contractor plan room service with statewide
3circulation, in a relevant construction lead generating service
4with statewide circulation, and on an internet site sponsored
5by either a government entity or a statewide association that
6represents the governmental entity as provided in chapter 9J.
7 Sec. 10. Section 26A.3, subsection 5, paragraph a,
8subparagraph (1), Code 2023, is amended to read as follows:
9(1) The construction manager-at-risk shall prepare a
10request for statements of qualifications. The request shall
11include general information on the project site, project
12scope, schedule, selection criteria, and the time and place
13for receipt of statements of qualifications. The construction
14manager-at-risk shall provide public notice of the request for
15statements of qualifications in a relevant contractor plan room
16service with statewide circulation, a relevant construction
17lead generating service with statewide circulation, and on an
18internet site sponsored by either a governmental entity or a
19statewide association that represents the governmental entity
20 as provided in chapter 9J. The request for statements of
21qualifications shall be posted not less than thirteen and not
22more than forty-five days before the date for response.
23 Sec. 11. Section 49.53, subsection 2, Code 2023, is amended
24to read as follows:
252. The notice shall be published in at least one newspaper,
26as defined in section 618.3, which is published in the county
27or other political subdivision in which the election is to
28occur or, if no newspaper is published there, in at least
29one newspaper of substantial circulation in the county or
30political subdivision. For the general election or the primary
31election the foregoing notice shall be published in at least
32two newspapers published in the county. However, if there is
33only one newspaper published in the county, publication in one
34newspaper shall be sufficient as provided in chapter 9J.
35 Sec. 12. Section 69.2, subsection 2, Code 2023, is amended
-6-1to read as follows:
22. If the status of an officeholder is in question, the
3entity or officer responsible for making an appointment to
4fill the vacancy shall decide whether a vacancy exists. The
5appointing entity or officer may act upon its own motion. If
6a petition signed by twenty-five registered voters of the
7jurisdiction is received, the appointing entity or officer
8shall convene within thirty days to consider whether a vacancy
9exists. The appointing entity or officer shall publish notice
10as provided in chapter 9J that a public hearing will be held to
11determine whether a vacancy exists. The notice shall include
12the time and place of the hearing and the name of the office
13and the officeholder whose status is in question. The public
14hearing shall be held not less than four nor more than fourteen
15days after publication of the notice. The officer whose status
16is in question shall be notified of the time and place of the
17hearing. Notice shall be sent by certified mail and must be
18postmarked at least fourteen days before the hearing. No later
19than seven days after the public hearing, the appointing entity
20or officer shall publish its decision. If the appointing
21entity or officer decides that the office is vacant, the
22publication shall state the date the vacancy occurred and what
23action will be taken to fill the vacancy.
24 Sec. 13. Section 256.11, subsection 16, paragraph c, Code
252023, is amended to read as follows:
26c. If the state board takes preliminary action to remove
27an agency from the approved list published on the department’s
28internet site pursuant to paragraph “a”, the department
29shall, at least one year prior to removing the agency from
30the approved list, notify the nonpublic schools participating
31in the accreditation process offered by the agency of the
32state board’s intent to remove the accrediting agency from its
33approved list of independent accrediting agencies. The notice
34shall also be posted on the department’s internet site as
35provided in chapter 9J and shall contain the proposed date of
-7-1removal. The nonpublic school shall attain accreditation under
2this subsection or subsections 1 through 12 not later than one
3year following the date on which the state board removes the
4agency from its list of independent accrediting agencies.
5 Sec. 14. Section 260C.14, subsection 12, Code 2023, is
6amended to read as follows:
712. During the second week of August of each year, publish
8by one insertion in at least one newspaper published in the
9merged area as provided in chapter 9J a summarized statement
10verified by affidavit of the secretary of the board showing
11the receipts and disbursements of all funds of the community
12college for the preceding fiscal year. The statement of
13disbursements shall show the names of the persons, firms,
14or corporations, and the total amount paid to each during
15the fiscal year. The board is not required to make the
16publications and notices required under sections 279.35 and
17279.36.
18 Sec. 15. Section 279.36, Code 2023, is amended to read as
19follows:
20279.36 Publication procedures and fee.
211. The requirements of section 279.35 are satisfied by
22publication in at least one newspaper published in the district
23or, if there is none, in at least one newspaper having general
24circulation within the district as provided in chapter 9J.
252. For the fiscal year beginning July 1, 1989, and each
26fiscal year thereafter, the fee for the publications shall be
27the legal publication fee provided by section 618.11.
28 Sec. 16. Section 321.89, subsection 3, paragraph g, Code
292023, is amended to read as follows:
30g. If it is impossible to determine with reasonable
31certainty the identities and addresses of the last registered
32owner and all lienholders, notice by one publication in
33one newspaper of general circulation in the area where the
34vehicle was abandoned as provided in chapter 9J shall be
35sufficient to meet all requirements of notice under this
-8-1section. The published notice may contain multiple listings of
2abandoned vehicles but shall be published within the same time
3requirements and contain the same information as prescribed for
4mailed notice in this subsection.
5 Sec. 17. Section 331.302, subsection 8, Code 2023, is
6amended to read as follows:
78. A resolution becomes effective upon passage and an
8ordinance or amendment becomes a law when a summary of the
9ordinance or the complete text of the ordinance is published
10as provided in chapter 9J, unless a subsequent effective date
11is provided within the measure. As used in this subsection,
12“summary” shall mean a narrative description of the terms and
13conditions of an ordinance setting forth the main points of
14the ordinance in a manner calculated to inform the public in a
15clear and understandable manner the meaning of the ordinance
16and which shall provide the public with sufficient notice to
17conform to the desired conduct required by the ordinance.
18The description shall include the title of the ordinance,
19an accurate and intelligible abstract or synopsis of the
20essential elements of the ordinance, a statement that the
21description is a summary, the location and the normal business
22hours of the office where the ordinance may be inspected, when
23the ordinance becomes effective, and the full text of any
24provisions imposing fines, penalties, forfeitures, fees, or
25taxes. Legal descriptions of property set forth in ordinances
26shall be described in full, provided that maps or charts may be
27substituted for legal descriptions when they contain sufficient
28detail to clearly define the area with which the ordinance is
29concerned. The narrative description shall be written in a
30clear and coherent manner and shall, to the extent possible,
31avoid the use of technical or legal terms not generally
32familiar to the public. When necessary to use technical or
33legal terms not generally familiar to the public, the narrative
34description shall include definitions of those terms.
35 Sec. 18. Section 331.305, subsection 1, Code 2023, is
-9-1amended to read as follows:
21. Unless otherwise provided by state law, if notice of an
3election, hearing, or other official action is required by this
4chapter, the board shall publish the notice at least once, not
5less than four nor more than twenty days before the date of the
6election, hearing, or other action, in one or more newspapers
7which meet the requirements of section 618.14 as provided in
8chapter 9J. Notice of an election shall also comply with
9section 49.53.
10 Sec. 19. Section 331.434, subsections 3 and 6, Code 2023,
11are amended to read as follows:
123. Following, and not until, adoption of the resolution
13under section 331.433A, the board shall set a time and
14place for a public hearing on the budget before the final
15certification date and shall publish notice of the hearing
16not less than ten nor more than twenty days prior to the
17hearing in the county newspapers selected under chapter 349
18 as provided in chapter 9J. A summary of the proposed budget
19and a description of the procedure for protesting the county
20budget under section 331.436, in the form prescribed by the
21director of the department of management, shall be included
22in the notice. Proof of publication of the notice under this
23subsection 3 and a copy of the resolution adopted under section
24331.433A shall be filed with and preserved by the auditor. A
25levy is not valid unless and until the notice is published and
26the notice and resolution adopted under section 331.433A are
27filed. The department of management shall prescribe the form
28for the public hearing notice for use by counties.
296. The board shall appropriate, by resolution, the amounts
30deemed necessary for each of the different county officers
31and departments during the ensuing fiscal year. Increases
32or decreases in these appropriations do not require a budget
33amendment, but may be provided by resolution at a regular
34meeting of the board, as long as each class of proposed
35expenditures contained in the budget summary published under
-10-1subsection 3 of this section is not increased. However,
2decreases in appropriations for a county officer or department
3of more than ten percent or five thousand dollars, whichever
4is greater, shall not be effective unless the board sets a
5time and place for a public hearing on the proposed decrease
6and publishes notice of the hearing not less than ten nor more
7than twenty days prior to the hearing in the county newspapers
8selected under chapter 349 as provided in chapter 9J.
9 Sec. 20. Section 346.27, subsection 10, paragraph b, Code
102023, is amended to read as follows:
11b. In addition to the notice required by section 49.53, a
12notice of the election shall be published once each week for at
13least two weeks in some newspaper published in the county as
14provided in chapter 9J stating the date of the election, the
15hours the polls will be open, and a copy of the question. The
16authority shall call this election with the concurrence of both
17incorporating units. The election shall be conducted by the
18commissioner in accordance with the provisions of chapters 49
19and 50.
20 Sec. 21. Section 349.16, unnumbered paragraph 1, Code 2023,
21is amended to read as follows:
22There shall be published as provided in chapter 9J and in
23each of the official newspapers at the expense of the county
24during the ensuing year:
25 Sec. 22. Section 349.18, subsection 3, paragraph b, Code
262023, is amended to read as follows:
27b. In addition to the requirements in paragraph “a”, if a
28county operates an internet site, the county auditor shall post
29the full text of all resolutions adopted by the board on the
30internet site as provided in chapter 9J. Any posted summary or
31text of a full resolution shall include links directing readers
32to information relevant to the content of the resolution.
33 Sec. 23. Section 358.40, subsections 3 and 4, Code 2023, are
34amended to read as follows:
353. The board shall examine the petition at its next meeting
-11-1after its filing or within twenty days of the filing, whichever
2date is earlier. Within ten days of the meeting, the board
3shall publish notice of the petition and the date, time, and
4place of the meeting at which time the board proposes to take
5action on the petition. The notice shall be published in a
6newspaper of general circulation published in the district
7and, if no newspaper is published within the district, in a
8newspaper published in the county in which the major part of
9the district is located as provided in chapter 9J. At the
10board’s meeting, or subsequent meetings as necessary, if the
11petition is found to comply with the requirements of this
12section and the board of trustees consents by majority vote,
13the board of supervisors may provide for payment as requested
14or modify the method of payment of costs and expenses.
154. If the board decides that dissolution is warranted for
16the best interest of the public, it shall publish a notice in a
17newspaper of general circulation published in the district or,
18if no newspaper is published in the district, in a newspaper
19published in the county in which the major part of the district
20is located as provided in chapter 9J and give notice by mail
21to all known claimants or creditors of the district that it
22will receive and adjudicate claims against the district for
23four months from the date the notice is published and shall
24levy an annual tax as necessary against all property in the
25district for the number of years required to pay all claims
26allowed. However, the annual tax levied under this subsection
27shall not exceed four dollars per thousand dollars of assessed
28valuation of the taxable property within the district at the
29time of dissolution. The levy shall be made in the same manner
30as provided in section 76.2. After the board makes a specific
31finding that all indebtedness, costs, and expenses have been
32paid or levies approved for their payment, the board shall
33dissolve the district by resolution entered upon its records.
34The dissolution order shall be noted by the auditor on the
35county records, showing the date when the dissolution became
-12-1effective.
2 Sec. 24. Section 359.52, subsection 1, paragraph a, Code
32023, is amended to read as follows:
4a. The board of trustees shall set forth its proposal in a
5resolution and shall publish notice of the resolution and of
6a date, time, and place of a public hearing on the proposal.
7The notice shall be published in a newspaper published at least
8once weekly and having general circulation in the township or
9in the largest city in the township as provided in chapter 9J.
10The notice shall be published no less than ten days and no more
11than twenty days before the hearing.
12 Sec. 25. Section 362.3, subsection 1, paragraph b, Code
132023, is amended to read as follows:
14b. A publication required by the city code must be in a
15newspaper published at least once weekly and having general
16circulation in the city. However, if the city has a population
17of two hundred or less, or in the case of ordinances and
18amendments to be published in a city in which no newspaper is
19published, a publication may be made by posting in three public
20places in the city which have been permanently designated by
21ordinance published as provided in chapter 9J.
22 Sec. 26. Section 362.3, subsection 2, Code 2023, is amended
23by striking the subsection.
24 Sec. 27. Section 364.2, subsection 4, paragraph c, Code
252023, is amended to read as follows:
26c. Notice of the election shall be given by publication
27as prescribed in section 49.53 in a newspaper of general
28circulation in the city and chapter 9J.
29 Sec. 28. Section 368.7, subsection 1, paragraph d, Code
302023, is amended to read as follows:
31d. The city shall provide for a public hearing on the
32application before approving or denying it. The city shall
33provide written notice at least fourteen business days prior
34to any action by the city council regarding the application,
35including a public hearing, by regular mail to the chairperson
-13-1of the board of supervisors of each county which contains a
2portion of the territory proposed to be annexed, each public
3utility which serves the territory proposed to be annexed,
4each owner of property located within the territory to be
5annexed who is not a party to the application, and each owner
6of property that adjoins the territory to be annexed unless
7the adjoining property is in a city. The city shall publish
8notice of the application and public hearing on the application
9in an official county newspaper in each county which contains
10a portion of the territory proposed to be annexed as provided
11in chapter 9J. Both the written and published notice shall
12include the time and place of the public hearing and a legal
13description of the territory to be annexed. The city shall
14not assess the costs of providing notice as required in this
15section to the applicants. The city council shall approve or
16deny the application by resolution of the council.
17 Sec. 29. Section 368.7, subsections 2 and 3, Code 2023, are
18amended to read as follows:
192. An application for annexation of territory not within
20an urbanized area of a city other than the city to which the
21annexation is directed must be approved by resolution of the
22council which receives the application. The city council shall
23mail a copy of the application by certified mail to the board
24of supervisors of each county which contains a portion of the
25territory at least fourteen business days prior to any action
26taken by the city council on the application. The council
27shall also publish notice of the application in an official
28county newspaper in each county which contains a portion of
29the territory as provided in chapter 9J at least fourteen days
30prior to any action taken by the council on the application.
31Upon receiving approval of the council, the city clerk shall
32file a copy of the resolution, map, and legal description of
33the territory involved with the secretary of state, the county
34board of supervisors of each county which contains a portion
35of the territory, each affected public utility, and the state
-14-1department of transportation. The city clerk shall also record
2a copy of the legal description, map, and resolution with the
3county recorder of each county which contains a portion of
4the territory. The secretary of state shall not accept and
5acknowledge a copy of a legal description, map, and resolution
6of annexation which would create an island. The annexation is
7completed upon acknowledgment by the secretary of state that
8the secretary of state has received the legal description, map,
9and resolution.
103. An application for annexation of territory within an
11urbanized area of a city other than the city to which the
12annexation is directed must be approved both by resolution of
13the council which receives the application and by the board.
14The board shall not approve an application which creates an
15island. Notice of the application shall be mailed by certified
16mail, by the city to which the annexation is directed, at least
17fourteen business days prior to any action by the city council
18on the application to the council of each city whose boundary
19adjoins the territory or is within two miles of the territory,
20to the board of supervisors of each county which contains a
21portion of the territory, each affected public utility, and
22to the regional planning authority of the territory. Notice
23of the application shall be published in an official county
24newspaper in each county which contains a portion of the
25territory as provided in chapter 9J at least ten business days
26prior to any action by the city council on the application.
27The annexation is completed when the board has filed and
28recorded copies of applicable portions of the proceedings as
29required by section 368.20, subsection 1, paragraph “b”.
30 Sec. 30. Section 384.15A, subsection 4, paragraph a,
31unnumbered paragraph 1, Code 2023, is amended to read as
32follows:
33The council shall set a time and place for a public
34hearing on the resolution before the date for adoption of the
35resolution and shall publish notice of the hearing not less
-15-1than ten nor more than twenty days prior to the hearing in a
2newspaper published at least once weekly and having general
3circulation in the city. However, if the city has a population
4of two hundred or less, publication may be made by posting in
5three public places in the city as provided in chapter 9J.
6If the city has an internet site, the notice shall may also
7be posted and clearly identified on the city’s internet site
8for public viewing beginning on the date of the newspaper
9publication or public posting, as applicable. Additionally, if
10the city maintains a social media account on one or more social
11media applications, the public hearing notice or an electronic
12link to the public hearing notice shall may be posted on each
13such account on the same day as the publication of the notice.
14All of the following shall be included in the notice:
15 Sec. 31. Section 384.16, subsection 3, Code 2023, is amended
16to read as follows:
173. Following, and not until, adoption of the resolution
18under section 384.15A, the council shall set a time and place
19for public hearing on the budget before the final certification
20date and shall publish notice of the hearing not less than ten
21nor more than twenty days before the hearing in a newspaper
22published at least once weekly and having general circulation
23in the city. However, if the city has a population of two
24hundred or less, publication may be made by posting in three
25public places in the city as provided in chapter 9J. A summary
26of the proposed budget and a description of the procedure for
27protesting the city budget under section 384.19, in the form
28prescribed by the director of the department of management,
29shall be included in the notice. Proof of publication of the
30notice under this subsection 3 and a copy of the resolution
31adopted under section 384.15A must be filed with the county
32auditor. The department of management shall prescribe the form
33for the public hearing notice for use by cities.
34 Sec. 32. Section 419.9, Code 2023, is amended to read as
35follows:
-16- 1419.9 Public hearing.
2Prior to the issuance of any bonds under authority of this
3chapter, the municipality shall conduct a public hearing on the
4proposal to issue said bonds. Notice of intention to issue the
5bonds, specifying the amount and purpose thereof and the time
6and place of hearing, shall be published at least once not less
7than fifteen days prior to the date fixed for the hearing in
8a newspaper published and having a general circulation within
9the municipality. If there is no newspaper published therein,
10the notice shall be published in a newspaper published in the
11county and having a general circulation in the municipality
12 as provided in chapter 9J. At the time and place fixed for
13the public hearing the governing body of the municipality
14shall give all local residents who appear at the hearing an
15opportunity to express their views for or against the proposal
16to issue the bonds and at the hearing, or any adjournment
17thereof, shall adopt a resolution determining whether or not to
18proceed with the issuance of the bonds.
19 Sec. 33. Section 423F.3, subsection 3, paragraph d, Code
202023, is amended to read as follows:
21d. The board secretary shall notify the county commissioner
22of elections of the intent to take an issue to the voters
23pursuant to paragraph “b” or “c”. The county commissioner
24of elections shall publish the notices required by law for
25special or general elections as provided in chapter 9J, and the
26election shall be held on a date specified in section 39.2,
27subsection 4, paragraph “c”. A majority of those voting on the
28question must favor approval of the revenue purpose statement.
29If the proposal is not approved, the school district shall
30not submit the same or new revenue purpose statement to the
31electors for a period of six months from the date of the
32previous election.
33 Sec. 34. Section 423F.3, subsection 7, paragraph a, Code
342023, is amended to read as follows:
35a. Prior to approving the use of revenues received under
-17-1this chapter for an athletic facility infrastructure project
2within the scope of the school district’s approved revenue
3purpose statement or pursuant to subsection 4 for a school
4district without an approved revenue statement, the board of
5directors shall adopt a resolution setting forth the proposal
6for the athletic facility infrastructure project and hold an
7additional public hearing on the issue of construction of the
8athletic facility. Notice of the time and place of the public
9hearing shall be published not less than ten nor more than
10twenty days before the public hearing in a newspaper which is
11a newspaper of general circulation in the school district as
12provided in chapter 9J. If at any time prior to the fifteenth
13day following the hearing, the secretary of the board of
14directors receives a petition containing the required number
15of signatures and asking that the question of the approval of
16the use of revenues for the athletic facility infrastructure
17project be submitted to the voters of the school district,
18the board of directors shall either rescind the board’s
19resolution for the use of revenues for the athletic facility
20infrastructure project or direct the county commissioner of
21elections to submit the question to the registered voters of
22the school district at an election held on a date specified
23in section 39.2, subsection 4, paragraph “c”. The petition
24must be signed by eligible electors equal in number to not less
25than one hundred or thirty percent of the number of voters
26at the last preceding election of school officials under
27section 277.1, whichever is greater. If a majority of those
28voting on the question favors the use of the revenues for the
29athletic facility infrastructure project, the board shall be
30authorized to approve such use by resolution of the board. If
31a majority of those voting on the question does not favor the
32use of the revenues for the athletic facility infrastructure
33project, the board of directors shall rescind the board’s
34resolution for the use of revenues for the athletic facility
35infrastructure project. If a petition is not received by the
-18-1board of directors within the prescribed time period, the board
2of directors may approve the use of revenues for the athletic
3facility infrastructure project without voter approval.
4 Sec. 35. Section 455B.305A, subsection 1, paragraph b, Code
52023, is amended to read as follows:
6b. Prior to the siting of a proposed new sanitary landfill
7or incinerator by a private agency disposing of waste which
8the agency generates on property owned by the agency which is
9located outside of the city limits and for which no county
10zoning ordinance exists, the private agency shall cause written
11notice of the proposal, including the nature of the proposed
12facility, and the right of the owner to submit a petition for
13formal siting of the proposed site, to be served either in
14person or by mail on the owners and residents of all property
15within two miles in each direction of the proposed local site
16area. The owners shall be identified based upon the authentic
17tax records of the county in which the proposed site is to be
18located. The private agency shall notify the county board of
19supervisors which governs the county in which the site is to
20be located of the proposed siting, and certify that notices
21have been mailed to owners and residents of the impacted area.
22Written notice shall be published in the official newspaper,
23as selected by the county board of supervisors pursuant to
24section 349.1, of the county in which the site is located as
25provided in chapter 9J. The notice shall state the name and
26address of the applicant, the location of the proposed site,
27the nature and size of the development, the nature of the
28activity proposed, the probable life of the proposed activity,
29and a description of the right of persons to comment on the
30request. If two hundred fifty or a minimum of twenty percent,
31whichever is less, of the owners and residents of property
32notified submit a petition for formal review to the county
33board of supervisors or if the county board of supervisors, on
34the board’s own motion, requires formal review of the proposed
35siting, the private agency proposal is subject to the formal
-19-1siting procedures established pursuant to this section.
2 Sec. 36. Section 455B.305A, subsection 3, paragraph b, Code
32023, is amended to read as follows:
4b. Written notice shall be published in the official
5newspaper of the county in which the site is located as
6provided in chapter 9J. The notice shall state the name and
7address of the applicant, the location of the proposed site,
8the nature and size of the development, the nature of the
9activity proposed, the probable life of the proposed activity,
10the date when the request for site approval will be submitted,
11and a description of the right of persons to comment on the
12request.
13 Sec. 37. Section 455B.305A, subsection 5, Code 2023, is
14amended to read as follows:
155. At least one public hearing shall be held by the city
16council or county board of supervisors no sooner than ninety
17days but no later than one hundred twenty days from receipt of
18the request for siting approval. A hearing shall be preceded
19by published notice in an official newspaper of the county of
20the proposed site, including in any official newspaper located
21in the city of the proposed site as provided in chapter 9J.
22 Sec. 38. Section 459.304, subsection 2, paragraph a,
23subparagraph (1), Code 2023, is amended to read as follows:
24(1) The board shall publish a notice that the board has
25received the application in a newspaper having a general
26circulation in the county as provided in chapter 9J.
27 Sec. 39. Section 465C.11, subsection 3, Code 2023, is
28amended to read as follows:
293. Before the board shall make a finding of imperative and
30unavoidable public necessity, or shall enter into any amendment
31to articles of dedication, the board shall provide notice of
32such proposal and opportunity for any person to be heard. Such
33notice shall be published at least once in a newspaper with a
34general circulation in the county or counties wherein the area
35directly affected is situated as provided in chapter 9J, and
-20-1mailed within ten days of such published notice to all persons
2who have requested notice of all such proposed actions. Each
3notice shall set forth the substance of the proposed action and
4describe, with or without legal description, the area affected,
5and shall set forth a place and time not less than sixty days
6thence for all persons desiring to be heard to have reasonable
7opportunity to be heard prior to the finding of the board.
8 Sec. 40. Section 533.320, subsection 4, paragraph b, Code
92023, is amended to read as follows:
10b. The sale shall be held at the time and place specified
11in a notice published prior to the sale once each week for
12two successive weeks in a newspaper of general circulation
13published in the city or unincorporated area in which the state
14credit union has its principal place of business, or if there
15is none, a newspaper of general circulation published in the
16county, or in a county adjoining the county, in which the state
17credit union has its principal place of business as provided
18in chapter 9J.
19 Sec. 41. Section 556.12, subsection 1, Code 2023, is amended
20to read as follows:
211. If a report has been filed with the treasurer of state,
22or property has been paid or delivered to the treasurer of
23state, for the fiscal year ending on June 30 or, in the case of
24unclaimed demutualization proceeds, for the preceding calendar
25year as required by section 556.11, the treasurer of state
26shall provide for the publication annually of at least one
27notice not later than the following November 30. Each notice
28shall be published at least once each week for two successive
29weeks in an English language newspaper of general circulation
30in the county in this state in which is located the last known
31address of any person to be named in the notice. If an address
32is not listed or if the address is outside this state, the
33notice shall be published in the county in which the holder
34of the abandoned property has its principal place of business
35within this state as provided in chapter 9J.
-21-1 Sec. 42. EFFECTIVE DATE. This Act takes effect July 1,
22024, except that the secretary of state may adopt rules for
3the implementation of this Act prior to that date.
4EXPLANATION
5The inclusion of this explanation does not constitute agreement with
6the explanation’s substance by the members of the general assembly.
7This bill relates to the posting of public notices. The bill
8requires the secretary of state or the secretary of state’s
9designee to create an online portal on which a public posting
10entity, defined in the bill to include the state of Iowa, an
11Iowa county, an Iowa city, an Iowa public school district, or
12an Iowa private or public agency as defined in Code chapter
1328E (joint exercise of governmental powers), must post all
14statutorily required public notices, defined in the bill.
15The online portal shall be searchable based on county, city,
16school district, and type of public notice. The bill requires
17the secretary of state to collect a fee of $5 from a public
18posting entity for each notice posted by the entity and to
19deposit moneys collected pursuant to the bill in the business
20administration fund.
21The bill requires a statutorily required public notice
22posted to the online portal to be timely made, include
23statutorily required information, contact information for
24the entity posting the notice, and instructions for making
25public comments, if applicable. A public posting entity is
26solely responsible for the contents of a notice posted by the
27entity, and neither the secretary of state nor the secretary
28of state’s designee shall be responsible for the content of
29public notices. The bill requires a public posting entity to
30remove a statutorily required public notice from the online
31portal within 14 days of the expiration of the required posting
32time. The bill does not change a public posting entity’s
33responsibility to keep record of a posting or make public use
34copies of a posting available if otherwise required. The bill
35also requires a public posting entity to post a physical copy
-22-1of a statutorily required public notice in a prominent place
2that is easily accessible to the public and clearly designated
3for that purpose at the principal office of the public posting
4entity, or if no such office exists, at the building in which
5the meeting is to be held. The bill allows a public posting
6entity to also post a statutorily required public notice on
7the official internet site or official social media account of
8the public posting entity or in an official newspaper. The
9bill requires a public posting entity to publish a notice in
10a newspaper at least three times between the enactment and
11effective date of the bill that the public posting entity will
12be required to post notices to the online portal, the internet
13address for which will be included in the notice.
14The bill does not apply to the office of the governor
15or the general assembly. The bill also exempts notices
16posted pursuant to Code section 2B.5A (Iowa administrative
17bulletin and Iowa administrative code), Code sections enacting
18interstate compacts, Code chapter 17A (Iowa administrative
19procedure Act), or the Iowa Constitution from the requirements
20of the bill.
21The bill amends sections throughout the Code that require
22the publication of public notice to require that the notice
23be posted consistent with the requirements of the bill. The
24bill takes effect July 1, 2024, except that the secretary of
25state may adopt rules for the implementation of the bill prior
26to that date.
-23-ss/rn