Senate Study Bill 1232
SENATE FILE
BY (PROPOSED COMMITTEE ON
STATE GOVERNMENT BILL BY
CHAIRPERSON APPEL)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act authorizing to post certain notices, actions, and
2 information on an internet website.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 1648SC 83
5 md/sc/8
PAG LIN
1 1 Section 1. Section 21.4, subsection 4, Code 2009, is
1 2 amended to read as follows:
1 3 4. If another section of the Code requires or authorizes a
1 4 manner of giving specific notice of a meeting, hearing, or an
1 5 intent to take action by a governmental body, compliance with
1 6 that section shall constitute compliance with the notice
1 7 requirements of this section.
1 8 Sec. 2. NEW SECTION. 22A.1 ELECTRONIC PUBLICATION OF
1 9 PUBLIC NOTICES.
1 10 1. For purposes of this section, "municipality" means a
1 11 public body or corporation that has power to levy or certify a
1 12 tax or sum of money to be collected by taxation.
1 13 2. a. A municipality that is required by statute to
1 14 publish or post in a public place a notice, action, or other
1 15 information, may, in lieu of such requirements, post the
1 16 notice, action, or other information on an internet website if
1 17 posting such information on an internet website has been
1 18 authorized, by ordinance or resolution of the governing body
1 19 of the municipality, as a means of official publication.
1 20 b. An ordinance or resolution that authorizes posting on
1 21 an internet website as an official publication shall identify
1 22 each type of notice, action, or information that shall be
1 23 posted on an internet website in lieu of publication. If the
1 24 municipality is a city or a county such authorization shall be
1 25 by ordinance.
1 26 c. This section shall not apply to the publication of
1 27 notices under chapter 6B, notices provided under the rules of
1 28 civil procedure, or any notice required to be given by
1 29 personal service.
1 30 3. Notices, actions, or other information posted by a
1 31 municipality on an internet website pursuant to this section
1 32 shall include all information otherwise required to be
1 33 contained in the publication and shall comply with all
1 34 requirements relating to the date of publication.
1 35 4. If posting on an internet website is authorized by a
2 1 municipality to satisfy publication requirements, all of the
2 2 following shall apply:
2 3 a. The internet website shall be operated and maintained
2 4 by the governing body of the municipality.
2 5 b. The internet website shall be accessible at all times
2 6 by the public, including the visually impaired.
2 7 c. The public shall not be charged for access to any
2 8 notice, action, or other information posted on the internet
2 9 website pursuant to this section.
2 10 d. The internet website shall be searchable by keyword,
2 11 type of notice, action, or information, and geographic
2 12 location.
2 13 e. The notice, action, or other information posted on an
2 14 internet website pursuant to this section shall be maintained
2 15 and accessible through the same website address for as long as
2 16 required by law or as long as such information is customarily
2 17 maintained by the municipality, whichever is longer.
2 18 f. A notice, action, or other information posted on an
2 19 internet website pursuant to this section by a municipality
2 20 other than a city shall also be made available by the
2 21 municipality in a paper format in the office of the county
2 22 auditor. A notice, action, or other information posted on an
2 23 internet website pursuant to this section by a municipality
2 24 that is a city shall also be made available by the
2 25 municipality in a paper format in the office of the city
2 26 clerk.
2 27 Sec. 3. Section 49.53, subsection 2, Code 2009, is amended
2 28 to read as follows:
2 29 2. The notice shall be published in at least one
2 30 newspaper, as defined in section 618.3, which is published in
2 31 the county or other political subdivision in which the
2 32 election is to occur or, if no newspaper is published there,
2 33 in at least one newspaper of substantial circulation in the
2 34 county or political subdivision. For the general election or
2 35 the primary election the foregoing notice shall be published
3 1 in at least two newspapers published in the county. However,
3 2 if there is only one newspaper published in the county,
3 3 publication in one newspaper shall be sufficient. Compliance
3 4 with the requirements of section 22A.1 shall constitute
3 5 compliance with the publication requirements of this section.
3 6 Sec. 4. Section 279.36, unnumbered paragraph 1, Code 2009,
3 7 is amended to read as follows:
3 8 The requirements of section 279.35 are satisfied by
3 9 publication in at least one newspaper published in the
3 10 district or, if there is none, in at least one newspaper
3 11 having general circulation within the district. Compliance
3 12 with the requirements of section 22A.1 shall constitute
3 13 compliance with the publication requirements of this section.
3 14 Sec. 5. Section 331.305, Code 2009, is amended to read as
3 15 follows:
3 16 331.305 PUBLICATION OF NOTICES.
3 17 Unless otherwise provided by state law, if notice of an
3 18 election, hearing, or other official action is required by
3 19 this chapter, the board shall publish the notice at least
3 20 once, not less than four nor more than twenty days before the
3 21 date of the election, hearing, or other action, in one or more
3 22 newspapers which meet the requirements of section 618.14.
3 23 Notice of an election shall also comply with section 49.53.
3 24 Compliance with the requirements of section 22A.1 shall
3 25 constitute compliance with the publication requirements of
3 26 this section.
3 27 Sec. 6. Section 362.3, Code 2009, is amended by adding the
3 28 following new subsection:
3 29 NEW SUBSECTION. 3. Compliance with the requirements of
3 30 section 22A.1 shall constitute compliance with the
3 31 requirements of this section relating to publication in a
3 32 newspaper and to publication by posting.
3 33 EXPLANATION
3 34 This bill relates to the publication of notices, actions,
3 35 and other information by municipalities, as defined in the
4 1 bill. Under the bill, a municipality that is required by
4 2 statute to publish, or post in a public place, a notice,
4 3 action, or other information, may, in lieu of such
4 4 requirements, post the notice, action, or other information on
4 5 an internet website if posting such information on an internet
4 6 website has been authorized, by ordinance or resolution of the
4 7 municipality and the type of notice, action, or other
4 8 information required to be posted is identified in the
4 9 ordinance or resolution.
4 10 The bill does not allow notices under Code chapter 6B
4 11 ("Procedure Under Eminent Domain"), notices provided under the
4 12 rules of civil procedure, or any notice required to be given
4 13 by personal service to be posted on an internet website in
4 14 lieu of publication or service.
4 15 The bill requires notices, actions, or other information
4 16 posted on an internet website to include all information
4 17 otherwise required to be published and requires compliance
4 18 with all provisions relating to the date of publication.
4 19 The bill also requires an internet website used to post
4 20 notices, actions, and other information to be operated and
4 21 maintained by the governing body of the municipality;
4 22 accessible at all times by the public, including the visually
4 23 impaired; accessible to the public without charge; and
4 24 searchable. All information posted on an internet website
4 25 under the bill shall be maintained and accessible through the
4 26 same website address for as long as required by law or as long
4 27 as such information is customarily maintained by the
4 28 municipality, whichever is longer.
4 29 The bill requires a municipality to make all information
4 30 posted on the internet website, in lieu of publication or
4 31 posting in a public place, available in a paper format in the
4 32 office of the county auditor or in the office of the city
4 33 clerk if the municipality is a city.
4 34 LSB 1648SC 83
4 35 md/sc/8