House
Study
Bill
545
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
LOCAL
GOVERNMENT
BILL
BY
CHAIRPERSON
GASKILL)
A
BILL
FOR
An
Act
authorizing
the
posting
of
certain
notices,
actions,
and
1
information
on
an
internet
site.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5526HC
(5)
83
md/sc
H.F.
_____
Section
1.
Section
21.4,
subsection
4,
Code
2009,
is
amended
1
to
read
as
follows:
2
4.
If
another
section
of
the
Code
requires
or
authorizes
a
3
manner
of
giving
specific
notice
of
a
meeting,
hearing,
or
4
an
intent
to
take
action
by
a
governmental
body,
compliance
5
with
that
section
shall
constitute
compliance
with
the
notice
6
requirements
of
this
section.
7
Sec.
2.
NEW
SECTION
.
22A.1
Electronic
publication
of
public
8
notices.
9
1.
For
purposes
of
this
section,
“municipality”
means
a
10
public
body
or
corporation
that
has
power
to
levy
or
certify
a
11
tax
or
sum
of
money
to
be
collected
by
taxation.
12
2.
a.
A
municipality
that
is
required
by
statute
to
13
publish
or
post
in
a
public
place
a
notice,
action,
or
other
14
information,
may,
in
lieu
of
such
requirements,
post
the
15
notice,
action,
or
other
information
on
an
internet
site
16
if
posting
such
information
on
an
internet
site
has
been
17
authorized,
by
ordinance
or
resolution
of
the
governing
body
of
18
the
municipality,
as
a
means
of
official
publication.
19
b.
An
ordinance
or
resolution
that
authorizes
posting
on
an
20
internet
site
as
an
official
publication
shall
identify
each
21
type
of
notice,
action,
or
information
that
shall
be
posted
on
22
an
internet
site
in
lieu
of
publication.
If
the
municipality
23
is
a
city
or
a
county
such
authorization
shall
be
by
ordinance.
24
c.
This
section
shall
not
apply
to
the
publication
of
25
notices
under
chapter
6B,
notices
provided
under
the
rules
of
26
civil
procedure,
or
any
notice
required
to
be
given
by
personal
27
service.
28
3.
Notices,
actions,
or
other
information
posted
by
a
29
municipality
on
an
internet
site
pursuant
to
this
section
shall
30
include
all
information
otherwise
required
to
be
contained
in
31
the
publication
and
shall
comply
with
all
requirements
relating
32
to
the
date
of
publication.
33
4.
If
posting
on
an
internet
site
is
authorized
by
a
34
municipality
to
satisfy
publication
requirements,
all
of
the
35
-1-
LSB
5526HC
(5)
83
md/sc
1/
4
H.F.
_____
following
shall
apply:
1
a.
The
internet
site
shall
be
operated
and
maintained
by
the
2
governing
body
of
the
municipality.
3
b.
The
internet
site
shall
be
accessible
at
all
times
by
the
4
public,
including
the
visually
impaired.
5
c.
The
public
shall
not
be
charged
for
access
to
any
notice,
6
action,
or
other
information
posted
on
the
internet
site
7
pursuant
to
this
section.
8
d.
The
internet
site
shall
be
searchable
by
keyword,
type
of
9
notice,
action,
or
information,
and
geographic
location.
10
e.
The
notice,
action,
or
other
information
posted
on
an
11
internet
site
pursuant
to
this
section
shall
be
maintained
12
and
accessible
through
the
same
internet
site
address
for
13
as
long
as
required
by
law
or
as
long
as
such
information
14
is
customarily
maintained
by
the
municipality,
whichever
is
15
longer.
16
f.
A
notice,
action,
or
other
information
posted
on
an
17
internet
site
pursuant
to
this
section
by
a
municipality
other
18
than
a
city
shall
also
be
made
available
by
the
municipality
19
in
a
paper
format
in
the
office
of
the
county
auditor.
A
20
notice,
action,
or
other
information
posted
on
an
internet
site
21
pursuant
to
this
section
by
a
municipality
that
is
a
city
shall
22
also
be
made
available
by
the
municipality
in
a
paper
format
in
23
the
office
of
the
city
clerk.
24
Sec.
3.
Section
49.53,
subsection
2,
Code
Supplement
2009,
25
is
amended
to
read
as
follows:
26
2.
The
notice
shall
be
published
in
at
least
one
newspaper,
27
as
defined
in
section
618.3,
which
is
published
in
the
county
28
or
other
political
subdivision
in
which
the
election
is
to
29
occur
or,
if
no
newspaper
is
published
there,
in
at
least
30
one
newspaper
of
substantial
circulation
in
the
county
or
31
political
subdivision.
For
the
general
election
or
the
primary
32
election
the
foregoing
notice
shall
be
published
in
at
least
33
two
newspapers
published
in
the
county.
However,
if
there
34
is
only
one
newspaper
published
in
the
county,
publication
35
-2-
LSB
5526HC
(5)
83
md/sc
2/
4
H.F.
_____
in
one
newspaper
shall
be
sufficient.
Compliance
with
the
1
requirements
of
section
22A.1
shall
constitute
compliance
with
2
the
publication
requirements
of
this
section.
3
Sec.
4.
Section
279.36,
unnumbered
paragraph
1,
Code
2009,
4
is
amended
to
read
as
follows:
5
The
requirements
of
section
279.35
are
satisfied
by
6
publication
in
at
least
one
newspaper
published
in
the
7
district
or,
if
there
is
none,
in
at
least
one
newspaper
having
8
general
circulation
within
the
district.
Compliance
with
the
9
requirements
of
section
22A.1
shall
constitute
compliance
with
10
the
publication
requirements
of
this
section.
11
Sec.
5.
Section
331.305,
Code
2009,
is
amended
to
read
as
12
follows:
13
331.305
Publication
of
notices.
14
Unless
otherwise
provided
by
state
law,
if
notice
of
an
15
election,
hearing,
or
other
official
action
is
required
by
this
16
chapter,
the
board
shall
publish
the
notice
at
least
once,
not
17
less
than
four
nor
more
than
twenty
days
before
the
date
of
the
18
election,
hearing,
or
other
action,
in
one
or
more
newspapers
19
which
meet
the
requirements
of
section
618.14.
Notice
of
an
20
election
shall
also
comply
with
section
49.53.
Compliance
with
21
the
requirements
of
section
22A.1
shall
constitute
compliance
22
with
the
publication
requirements
of
this
section.
23
Sec.
6.
Section
362.3,
Code
2009,
is
amended
by
adding
the
24
following
new
subsection:
25
NEW
SUBSECTION
.
3.
Compliance
with
the
requirements
of
26
section
22A.1
shall
constitute
compliance
with
the
requirements
27
of
this
section
relating
to
publication
in
a
newspaper
and
to
28
publication
by
posting.
29
EXPLANATION
30
This
bill
relates
to
the
publication
of
notices,
actions,
31
and
other
information
by
municipalities,
as
defined
in
32
the
bill.
Under
the
bill,
a
municipality
that
is
required
33
by
statute
to
publish,
or
post
in
a
public
place,
a
34
notice,
action,
or
other
information,
may,
in
lieu
of
such
35
-3-
LSB
5526HC
(5)
83
md/sc
3/
4
H.F.
_____
requirements,
post
the
notice,
action,
or
other
information
on
1
an
internet
site
if
posting
such
information
on
an
internet
2
site
has
been
authorized,
by
ordinance
or
resolution
of
3
the
municipality
and
the
type
of
notice,
action,
or
other
4
information
required
to
be
posted
is
identified
in
the
5
ordinance
or
resolution.
6
The
bill
does
not
allow
notices
under
Code
chapter
6B
7
(“Procedure
Under
Eminent
Domain”),
notices
provided
under
the
8
rules
of
civil
procedure,
or
any
notice
required
to
be
given
9
by
personal
service
to
be
posted
on
an
internet
site
in
lieu
of
10
publication
or
service.
11
The
bill
requires
notices,
actions,
or
other
information
12
posted
on
an
internet
site
to
include
all
information
otherwise
13
required
to
be
published
and
requires
compliance
with
all
14
provisions
relating
to
the
date
of
publication.
15
The
bill
also
requires
an
internet
site
used
to
post
notices,
16
actions,
and
other
information
to
be
operated
and
maintained
by
17
the
governing
body
of
the
municipality;
accessible
at
all
times
18
by
the
public,
including
the
visually
impaired;
accessible
to
19
the
public
without
charge;
and
searchable.
All
information
20
posted
on
an
internet
site
under
the
bill
shall
be
maintained
21
and
accessible
through
the
same
internet
site
address
for
22
as
long
as
required
by
law
or
as
long
as
such
information
23
is
customarily
maintained
by
the
municipality,
whichever
is
24
longer.
25
The
bill
requires
a
municipality
to
make
all
information
26
posted
on
the
internet
site,
in
lieu
of
publication
or
posting
27
in
a
public
place,
available
in
a
paper
format
in
the
office
of
28
the
county
auditor
or
in
the
office
of
the
city
clerk
if
the
29
municipality
is
a
city.
30
-4-
LSB
5526HC
(5)
83
md/sc
4/
4