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Senate File 31 - IntroducedA Bill ForAn Act 1 requiring the electronic publication of certain public
2notices by governmental bodies and officers and including
3effective date provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 22B.1 Electronic publication of
2public notices.
31. For purposes of this section, “governmental body” means a
4governmental body as defined in section 21.2.
52. a. A governmental body or officer that is required
6by statute to publish a notice, action, or other information
7in a newspaper of general circulation shall, in lieu of such
8requirements, post the notice, action, or other information on
9the governmental body’s internet site, if the governmental body
10maintains an internet site.
11b. Each governmental body or officer subject to the
12requirements of this section shall, by rule, ordinance,
13resolution, or other official action, as appropriate, identify
14each type of notice, action, or information that shall be
15posted on the governmental body’s internet site in lieu of
16publication and shall identify the location of the governmental
17body’s office where such notices, actions, or information will
18be available for public inspection.
193. A notice, action, or other information posted by a
20governmental body or officer on a governmental body’s internet
21site pursuant to this section shall include all information
22otherwise required to be contained in the publication and
23shall comply with all requirements relating to the date of
24publication.
254. In posting and maintaining a notice, action, or
26other information on a governmental body’s internet site,
27the governmental body shall satisfy all of the following
28requirements:
29a. The internet site shall be available and easily
30accessible at all times by the public.
31b. The public shall not be charged for access to any notice,
32action, or other information posted on the internet site
33pursuant to this section.
34c. The notice, action, or other information posted on the
35internet site pursuant to this section shall be maintained
-1-1and accessible through the same internet site address for as
2long as required by law or as long as such information is
3customarily maintained by the governmental body, whichever is
4longer.
55. A notice, action, or other information posted on an
6internet site pursuant to this section by a governmental
7body shall also be made available by the governmental body
8in a paper format in the office of the governmental body as
9identified pursuant to subsection 2, paragraph “b”.
106. Compliance with the requirements of this section shall
11constitute compliance with the publication requirements
12applicable to the governmental body or officer relating to the
13notice, action, or other information posted on an internet site
14pursuant to this section.
157. A governmental body shall provide a method by which
16persons may opt to receive notices, actions, or other
17information by electronic mail. Electronic mail addresses
18possessed by a governmental body pursuant to this subsection
19are not public records and are not subject to disclosure under
20chapter 22.
21 Sec. 2. EFFECTIVE DATE. This Act takes effect July 1, 2023.
22EXPLANATION
23The inclusion of this explanation does not constitute agreement with
24the explanation’s substance by the members of the general assembly.
25This bill provides for electronic publication of public
26notices.
27The bill provides that a governmental body or officer that
28is required by statute to publish a notice, action, or other
29information in a newspaper of general circulation shall,
30in lieu of such requirements, post the notice, action, or
31other information on the governmental body’s internet site,
32if the governmental body maintains an internet site. The
33bill requires each governmental body subject to the bill to,
34by rule, ordinance, resolution, or other official action,
35as appropriate, identify each type of notice, action, or
-2-1information that shall be posted on the governmental body’s
2internet site in lieu of publication and to identify the
3location of the governmental body’s office where a paper copy
4of such notices, actions, or information will be available for
5public inspection. The bill requires a governmental body to
6provide a method by which persons may opt to receive notices,
7actions, or other information by electronic mail. Electronic
8mail addresses possessed by a governmental body for this
9purpose are not public records subject to disclosure under Code
10chapter 22 (examination of public records).
11The bill takes effect July 1, 2023.
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2notices by governmental bodies and officers and including
3effective date provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 22B.1 Electronic publication of
2public notices.
31. For purposes of this section, “governmental body” means a
4governmental body as defined in section 21.2.
52. a. A governmental body or officer that is required
6by statute to publish a notice, action, or other information
7in a newspaper of general circulation shall, in lieu of such
8requirements, post the notice, action, or other information on
9the governmental body’s internet site, if the governmental body
10maintains an internet site.
11b. Each governmental body or officer subject to the
12requirements of this section shall, by rule, ordinance,
13resolution, or other official action, as appropriate, identify
14each type of notice, action, or information that shall be
15posted on the governmental body’s internet site in lieu of
16publication and shall identify the location of the governmental
17body’s office where such notices, actions, or information will
18be available for public inspection.
193. A notice, action, or other information posted by a
20governmental body or officer on a governmental body’s internet
21site pursuant to this section shall include all information
22otherwise required to be contained in the publication and
23shall comply with all requirements relating to the date of
24publication.
254. In posting and maintaining a notice, action, or
26other information on a governmental body’s internet site,
27the governmental body shall satisfy all of the following
28requirements:
29a. The internet site shall be available and easily
30accessible at all times by the public.
31b. The public shall not be charged for access to any notice,
32action, or other information posted on the internet site
33pursuant to this section.
34c. The notice, action, or other information posted on the
35internet site pursuant to this section shall be maintained
-1-1and accessible through the same internet site address for as
2long as required by law or as long as such information is
3customarily maintained by the governmental body, whichever is
4longer.
55. A notice, action, or other information posted on an
6internet site pursuant to this section by a governmental
7body shall also be made available by the governmental body
8in a paper format in the office of the governmental body as
9identified pursuant to subsection 2, paragraph “b”.
106. Compliance with the requirements of this section shall
11constitute compliance with the publication requirements
12applicable to the governmental body or officer relating to the
13notice, action, or other information posted on an internet site
14pursuant to this section.
157. A governmental body shall provide a method by which
16persons may opt to receive notices, actions, or other
17information by electronic mail. Electronic mail addresses
18possessed by a governmental body pursuant to this subsection
19are not public records and are not subject to disclosure under
20chapter 22.
21 Sec. 2. EFFECTIVE DATE. This Act takes effect July 1, 2023.
22EXPLANATION
23The inclusion of this explanation does not constitute agreement with
24the explanation’s substance by the members of the general assembly.
25This bill provides for electronic publication of public
26notices.
27The bill provides that a governmental body or officer that
28is required by statute to publish a notice, action, or other
29information in a newspaper of general circulation shall,
30in lieu of such requirements, post the notice, action, or
31other information on the governmental body’s internet site,
32if the governmental body maintains an internet site. The
33bill requires each governmental body subject to the bill to,
34by rule, ordinance, resolution, or other official action,
35as appropriate, identify each type of notice, action, or
-2-1information that shall be posted on the governmental body’s
2internet site in lieu of publication and to identify the
3location of the governmental body’s office where a paper copy
4of such notices, actions, or information will be available for
5public inspection. The bill requires a governmental body to
6provide a method by which persons may opt to receive notices,
7actions, or other information by electronic mail. Electronic
8mail addresses possessed by a governmental body for this
9purpose are not public records subject to disclosure under Code
10chapter 22 (examination of public records).
11The bill takes effect July 1, 2023.
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