House Study Bill 221 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON LOCAL GOVERNMENT BILL BY CHAIRPERSON BLOOMINGDALE) A BILL FOR An Act allowing the electronic publication of certain public 1 notices by governmental bodies and officers and including 2 effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2531YC (2) 89 ss/rn

H.F. _____ Section 1. NEW SECTION . 22A.1 Electronic publication of 1 public notices. 2 1. For purposes of this section, “governmental body” means a 3 governmental body as defined in section 21.2. 4 2. a. A governmental body or officer that is required 5 by statute to publish a notice, action, or other information 6 in a newspaper of general circulation may, in lieu of such 7 requirements, publish the notice, action, or other information 8 in an abridged form if the entirety of the notice, action, or 9 other information is posted on the governmental body’s internet 10 site, if the governmental body maintains an internet site. 11 b. Each governmental body or officer subject to the 12 requirements of this section shall, by rule, ordinance, 13 resolution, or other official action, as appropriate, identify 14 each type of notice, action, or information that may be 15 published in an abridged form and posted in its entirety on the 16 governmental body’s internet site in lieu of publication and 17 shall identify the location of the governmental body’s office 18 where such notices, actions, or information will be available 19 for public inspection. 20 3. A notice, action, or other information posted by a 21 governmental body or officer on a governmental body’s internet 22 site pursuant to this section shall include all information 23 otherwise required to be contained in the publication and 24 shall comply with all requirements relating to the date of 25 publication. 26 4. In posting and maintaining a notice, action, or 27 other information on a governmental body’s internet site, 28 the governmental body shall satisfy all of the following 29 requirements: 30 a. The internet site shall be available and easily 31 accessible at all times by the public. 32 b. The public shall not be charged for access to any notice, 33 action, or other information posted on the internet site 34 pursuant to this section. 35 -1- LSB 2531YC (2) 89 ss/rn 1/ 3

H.F. _____ c. The notice, action, or other information posted on the 1 internet site pursuant to this section shall be maintained 2 and accessible through the same internet site address for as 3 long as required by law or as long as such information is 4 customarily maintained by the governmental body, whichever is 5 longer. 6 5. A notice, action, or other information posted on an 7 internet site pursuant to this section by a governmental 8 body shall also be made available by the governmental body 9 in a paper format in the office of the governmental body as 10 identified pursuant to subsection 2, paragraph “b” . 11 6. Compliance with the requirements of this section shall 12 constitute compliance with the publication requirements 13 applicable to the governmental body or officer relating to the 14 notice, action, or other information posted on an internet site 15 pursuant to this section. 16 7. A governmental body shall provide a method by which 17 persons may opt to receive notices, actions, or other 18 information by electronic mail. Electronic mail addresses 19 possessed by a governmental body pursuant to this subsection 20 are not public records and are not subject to disclosure under 21 chapter 22. 22 Sec. 2. EFFECTIVE DATE. This Act takes effect July 1, 2022. 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanation’s substance by the members of the general assembly. 26 This bill provides for electronic publication of public 27 notices. 28 The bill provides that a governmental body or officer that 29 is required by statute to publish a notice, action, or other 30 information in a newspaper of general circulation may, in lieu 31 of such requirements, publish the notice, action, or other 32 information in an abridged form and post the notice, action, or 33 other information in its entirety on the governmental body’s 34 internet site, if the governmental body maintains an internet 35 -2- LSB 2531YC (2) 89 ss/rn 2/ 3

H.F. _____ site. The bill requires each governmental body subject to the 1 bill to, by rule, ordinance, resolution, or other official 2 action, as appropriate, identify each type of notice, action, 3 or information that may be published in an abridged form and 4 posted on the governmental body’s internet site in lieu of 5 publication and to identify the location of the governmental 6 body’s office where a paper copy of such notices, actions, 7 or information will be available for public inspection. The 8 bill requires a governmental body to provide a method by 9 which persons may opt to receive notices, actions, or other 10 information by electronic mail. Electronic mail addresses 11 possessed by a governmental body for this purpose are not 12 public records subject to disclosure under Code chapter 22 13 (examination of public records). 14 The bill takes effect July 1, 2022. 15 -3- LSB 2531YC (2) 89 ss/rn 3/ 3