Senate File 480 - Introduced
SENATE FILE 480
BY COMMITTEE ON TECHNOLOGY
(SUCCESSOR TO SSB 1190)
A BILL FOR
1 An Act relating to the publication of certain public notices
2 by designated public entities, providing for fees, and
3 including effective date provisions.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
TLSB 2387SV (2) 90
ss/rn
 S.F. 480
1 Section 1. Section 6B.2A, subsection 2, unnumbered
2 paragraph 1, Code 2023, is amended to read as follows:
3 The acquiring agency shall cause a notice to be published
4 once in a newspaper of general circulation in the county or
5 city where the agricultural land is located. The notice shall
6 be published as provided in chapter 9J at least four but no
7 more than twenty days before the public hearing is held as
8 referred to in subsection 1. The published notice shall, at a
9 minimum, include the following information:
10 Sec. 2. NEW SECTION. 9J.1 Definitions.
11 For the purposes of this chapter, unless the context
12 otherwise requires:
13 1. “Official internet site” means the internet site used
14 by a public posting entity to conduct or communicate official
15 business and information.
16 2. “Official social media account” means a social media
17 account used by a public posting entity to conduct or
18 communicate official business and information.
19 3. “Online portal” means the system established and
20 maintained by the secretary of state pursuant to this chapter
21 for public posting entities to post statutorily required public
22 notices.
23 4. “Public posting entity” means the state of Iowa, a
24 county, a city, a public school district, a private agency as
25 defined in section 28E.2, or a public agency as defined in
26 section 28E.2.
27 5. “Statutorily required public notice” means a notice
28 required by the Iowa code to be made available to members of
29 the public.
30 Sec. 3. NEW SECTION. 9J.2 Online portal —— statutorily
31 required public notices.
32 1. Notwithstanding any provision of law requiring public
33 notice be provided through newspaper publication, publication
34 on a specific internet site, or other similar publication
35 location requirement, this chapter shall provide the sole
LSB 2387SV (2) 90
-1- ss/rn 1/23
 S.F. 480
1 requirements for a public posting entity to satisfy public
2 notice requirements.
3 2. The secretary of state or the secretary of state’s
4 designee shall establish and maintain an online portal through
5 which public posting entities shall post statutorily required
6 public notices.
7 3. The online portal shall be searchable by all of the
8 following categories:
9 a. County.
10 b. City.
11 c. School district.
12 d. Public notice type, including but not limited to meeting
13 notices, meeting minutes, elections, abandoned property,
14 proposed rulemaking, and proposed public project.
15 4. The secretary of state shall collect a fee of five
16 dollars from a public posting entity for each notice posted by
17 the public posting entity.
18 5. Moneys collected by the secretary of state pursuant to
19 this section shall be deposited in the business administration
20 fund created pursuant to section 9.13.
21 Sec. 4. NEW SECTION. 9J.3 Public posting entities ——
22 responsibilities.
23 1. Each statutorily required public notice posted pursuant
24 to this chapter shall be posted on a timely basis as required
25 by the law requiring the public notice and include all of the
26 following:
27 a. All information necessary to satisfy the statutory
28 requirements of the specific public posting, including but not
29 limited to the purpose, date, location, and time of a public
30 meeting.
31 b. Current contact information of the public posting entity,
32 including a telephone number and email address, such that the
33 public may contact the public posting entity regarding the
34 public posting.
35 c. Instructions for submitting public comments, if
LSB 2387SV (2) 90
-2- ss/rn 2/23
 S.F. 480
1 applicable.
2 2. A public posting entity is solely responsible for the
3 contents of its statutorily required public notice. Neither
4 the secretary of state nor the secretary of state’s designee
5 is responsible for the content of a public posting entity’s
6 statutorily required public notice. This includes but is not
7 limited to monitoring or verifying the accuracy of a public
8 posting entity’s public notice.
9 3. A public posting entity shall remove a statutorily
10 required public notice from the online portal within fourteen
11 business days following the expiration of the statutorily
12 required time the posting was required to be available to
13 the public. Nothing in this section shall be construed to
14 affect a posting entity’s requirements to keep a record of
15 such statutorily required public postings if another section
16 requires such records be kept.
17 4. Notwithstanding section 9J.2, a public posting entity
18 shall post a physical copy of a statutorily required public
19 notice on a bulletin board or other prominent place which is
20 easily accessible to the public and clearly designated for that
21 purpose at the principal office of the public posting entity,
22 or if no such office exists, at the building in which the
23 meeting is to be held.
24 5. Nothing in this chapter shall affect the duty of a
25 public posting entity to make public use copies of statutorily
26 required public notices available to the public as otherwise
27 required by law.
28 6. A public posting entity shall, at least three times
29 between the enactment and the effective date of this Act,
30 publish a notice in a newspaper meeting the requirements of
31 section 618.3, at the rates set in section 618.11, that the
32 public posting entity will be required to post notices to the
33 online portal as of the effective date of this Act. The notice
34 shall include the internet address of the online portal and the
35 effective date of this Act.
LSB 2387SV (2) 90
-3- ss/rn 3/23
 S.F. 480
1 Sec. 5. NEW SECTION. 9J.4 Permissive posting and
2 publication.
3 1. A public posting entity that has satisfied the
4 requirements of sections 9J.2 and 9J.3 may also post a
5 statutorily required public notice on the official internet
6 site or official social media account of the public posting
7 entity.
8 2. A public posting entity that has satisfied the
9 requirements of sections 9J.2 and 9J.3 may also post a
10 statutorily required public notice in an official newspaper
11 as provided in section 618.3 at the rates provided in section
12 618.11.
13 Sec. 6. NEW SECTION. 9J.5 Exceptions.
14 This chapter does not apply to any of the following:
15 1. The office of the governor.
16 2. The general assembly.
17 3. A notice regarding any of the following:
18 a. A rulemaking document posted pursuant to section 2B.5A.
19 b. The interstate physical therapy licensure compact posted
20 pursuant to section 147C.1.
21 c. The emergency medical services personnel licensure
22 interstate compact posted pursuant to section 147D.1.
23 d. The occupational therapy licensure compact posted
24 pursuant to section 147E.1.
25 e. The audiology and speech language pathology interstate
26 compact posted pursuant to section 147F.1.
27 f. The nurse and advanced practice registered nurse
28 licensure compacts posted pursuant to section 152E.1.
29 g. The interstate compact for juveniles posted pursuant to
30 section 232.173.
31 h. The vehicle equipment compacts posted pursuant to section
32 321D.1.
33 4. Notice required to be posted pursuant to chapter 17A.
34 5. Notice required to be posted pursuant to the Constitution
35 of the State of Iowa.
LSB 2387SV (2) 90
-4- ss/rn 4/23
 S.F. 480
1 Sec. 7. NEW SECTION. 9J.6 Rules.
2 The secretary of state shall adopt rules pursuant to chapter
3 17A for the implementation of this chapter.
4 Sec. 8. Section 24.9, subsection 1, paragraph a, Code 2023,
5 is amended to read as follows:
6 a. Each municipality shall file with the secretary or clerk
7 thereof the estimates required to be made in sections 24.3
8 through 24.8, at least twenty days before the date fixed by
9 law for certifying the same to the levying board and shall
10 forthwith fix a date for a hearing on the estimates, and
11 shall publish such estimates and any annual levies previously
12 authorized as provided in section 76.2, with a notice of the
13 time when and the place where such hearing shall be held not
14 less than ten nor more than twenty days before the hearing.
15 Provided that in municipalities of less than two hundred
16 population such estimates and the notice of hearing shall
17 be posted in three public places in the district in lieu of
18 publication. For any other municipality such Such publication
19 shall be in a newspaper published in the municipality, if any,
20 if not, then in a newspaper of general circulation in the
21 municipality as provided in chapter 9J.
22 Sec. 9. Section 26A.3, subsection 3, paragraph b, Code 2023,
23 is amended to read as follows:
24 b. The request for statements of qualifications shall be
25 posted not less than thirteen and not more than forty-five days
26 before the date for response in a relevant contractor plan room
27 service with statewide circulation, in a relevant construction
28 lead generating service with statewide circulation, and on an
29 internet site sponsored by either a governmental entity or a
30 statewide association that represents the governmental entity
31 as provided in chapter 9J. If circumstances beyond the control
32 of the governmental entity require postponement and there are
33 no changes to the project’s contract documents, a notice of
34 the revised date shall be posted not less than four and not
35 more than forty-five days before the revised date for answering
LSB 2387SV (2) 90
-5- ss/rn 5/23
 S.F. 480
1 the request for proposals and statements of qualifications
2 in a relevant contractor plan room service with statewide
3 circulation, in a relevant construction lead generating service
4 with statewide circulation, and on an internet site sponsored
5 by either a government entity or a statewide association that
6 represents the governmental entity as provided in chapter 9J.
7 Sec. 10. Section 26A.3, subsection 5, paragraph a,
8 subparagraph (1), Code 2023, is amended to read as follows:
9 (1) The construction manager-at-risk shall prepare a
10 request for statements of qualifications. The request shall
11 include general information on the project site, project
12 scope, schedule, selection criteria, and the time and place
13 for receipt of statements of qualifications. The construction
14 manager-at-risk shall provide public notice of the request for
15 statements of qualifications in a relevant contractor plan room
16 service with statewide circulation, a relevant construction
17 lead generating service with statewide circulation, and on an
18 internet site sponsored by either a governmental entity or a
19 statewide association that represents the governmental entity
20 as provided in chapter 9J. The request for statements of
21 qualifications shall be posted not less than thirteen and not
22 more than forty-five days before the date for response.
23 Sec. 11. Section 49.53, subsection 2, Code 2023, is amended
24 to read as follows:
25 2. The notice shall be published in at least one newspaper,
26 as defined in section 618.3, which is published in the county
27 or other political subdivision in which the election is to
28 occur or, if no newspaper is published there, in at least
29 one newspaper of substantial circulation in the county or
30 political subdivision. For the general election or the primary
31 election the foregoing notice shall be published in at least
32 two newspapers published in the county. However, if there is
33 only one newspaper published in the county, publication in one
34 newspaper shall be sufficient as provided in chapter 9J.
35 Sec. 12. Section 69.2, subsection 2, Code 2023, is amended
LSB 2387SV (2) 90
-6- ss/rn 6/23
 S.F. 480
1 to read as follows:
2 2. If the status of an officeholder is in question, the
3 entity or officer responsible for making an appointment to
4 fill the vacancy shall decide whether a vacancy exists. The
5 appointing entity or officer may act upon its own motion. If
6 a petition signed by twenty-five registered voters of the
7 jurisdiction is received, the appointing entity or officer
8 shall convene within thirty days to consider whether a vacancy
9 exists. The appointing entity or officer shall publish notice
10 as provided in chapter 9J that a public hearing will be held to
11 determine whether a vacancy exists. The notice shall include
12 the time and place of the hearing and the name of the office
13 and the officeholder whose status is in question. The public
14 hearing shall be held not less than four nor more than fourteen
15 days after publication of the notice. The officer whose status
16 is in question shall be notified of the time and place of the
17 hearing. Notice shall be sent by certified mail and must be
18 postmarked at least fourteen days before the hearing. No later
19 than seven days after the public hearing, the appointing entity
20 or officer shall publish its decision. If the appointing
21 entity or officer decides that the office is vacant, the
22 publication shall state the date the vacancy occurred and what
23 action will be taken to fill the vacancy.
24 Sec. 13. Section 256.11, subsection 16, paragraph c, Code
25 2023, is amended to read as follows:
26 c. If the state board takes preliminary action to remove
27 an agency from the approved list published on the department’s
28 internet site pursuant to paragraph “a”, the department
29 shall, at least one year prior to removing the agency from
30 the approved list, notify the nonpublic schools participating
31 in the accreditation process offered by the agency of the
32 state board’s intent to remove the accrediting agency from its
33 approved list of independent accrediting agencies. The notice
34 shall also be posted on the department’s internet site as
35 provided in chapter 9J and shall contain the proposed date of
LSB 2387SV (2) 90
-7- ss/rn 7/23
 S.F. 480
1 removal. The nonpublic school shall attain accreditation under
2 this subsection or subsections 1 through 12 not later than one
3 year following the date on which the state board removes the
4 agency from its list of independent accrediting agencies.
5 Sec. 14. Section 260C.14, subsection 12, Code 2023, is
6 amended to read as follows:
7 12. During the second week of August of each year, publish
8 by one insertion in at least one newspaper published in the
9 merged area as provided in chapter 9J a summarized statement
10 verified by affidavit of the secretary of the board showing
11 the receipts and disbursements of all funds of the community
12 college for the preceding fiscal year. The statement of
13 disbursements shall show the names of the persons, firms,
14 or corporations, and the total amount paid to each during
15 the fiscal year. The board is not required to make the
16 publications and notices required under sections 279.35 and
17 279.36.
18 Sec. 15. Section 279.36, Code 2023, is amended to read as
19 follows:
20 279.36 Publication procedures and fee.
21 1. The requirements of section 279.35 are satisfied by
22 publication in at least one newspaper published in the district
23 or, if there is none, in at least one newspaper having general
24 circulation within the district as provided in chapter 9J.
25 2. For the fiscal year beginning July 1, 1989, and each
26 fiscal year thereafter, the fee for the publications shall be
27 the legal publication fee provided by section 618.11.
28 Sec. 16. Section 321.89, subsection 3, paragraph g, Code
29 2023, is amended to read as follows:
30 g. If it is impossible to determine with reasonable
31 certainty the identities and addresses of the last registered
32 owner and all lienholders, notice by one publication in
33 one newspaper of general circulation in the area where the
34 vehicle was abandoned as provided in chapter 9J shall be
35 sufficient to meet all requirements of noti