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